minutes of the planning committee meeting held on ... - City of Darebin

MINUTES OF THEPLANNING COMMITTEE MEETINGHELD ON24 OCTOBER 2011RELEASED TO THE PUBLIC ON THURSDAY 27 OCTOBER 2011

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011Table <strong>of</strong> Contents1. PRESENT......................................................................................................................12. APOLOGIES .................................................................................................................13. DISCLOSURES OF CONFLICTS OF INTEREST .........................................................14. CONFIRMATION OF MINUTES OF THE PLANNING COMMITTEE.............................15. CONSIDERATION OF REPORTS.................................................................................25.1 APPLICATION FOR PLANNING PERMIT D/251/201110 Clinch Avenue Preston....................................................................................................25.2 APPLICATION FOR PLANNING PERMIT D/459/2011Part Lot 3 / 159 Heidelberg Road Northcote.....................................................................155.3 APPLICATION FOR PLANNING PERMIT D/77/2003/B67 Newman Street Thornbury............................................................................................255.4 APPLICATION FOR PLANNING PERMIT D/315/2002/A69 Newman Street, Thornbury...........................................................................................335.5 APPLICATION FOR PLANNING PERMIT D/348/20112 Walter Street Preston......................................................................................................415.6 APPLICATION FOR PLANNING PERMIT D/358/201137 Ashton Street, Reservoir...............................................................................................576. OTHER BUSINESS.....................................................................................................736.1 LIST OF SCHEDULED VCAT APPEALS ..........................................................................736.2 SIGNIFICANT APPLICATIONS UPDATE .........................................................................887. CLOSE OF MEETING.................................................................................................93

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011MINUTES OF THE MEETING OF THE PLANNINGCOMMITTEE OF DAREBIN CITY COUNCIL HELD ATDAREBIN CIVIC CENTRE ON 24 OCTOBER 20111. PRESENTCouncillorsCr. Vince Fontana (Chairperson)Cr. Gaetano GrecoCr. Nick KatsisCr. Tim LaurenceCr. Steven TsitasTHE MEETING COMMENCED AT 5.31 PMCouncil OfficersMichael Ballock – Director City Works and DevelopmentDarren Rudd – Manager City DevelopmentJulie Smout – Coordinator Statutory PlanningJolyon Boyle – Principal Planner2. APOLOGIESNil.3. DISCLOSURES OF CONFLICTS OF INTERESTNil.4. CONFIRMATION OF MINUTES OF THE PLANNING COMMITTEECOMMITTEE DECISIONMOVED:SECONDED:Cr. S. TsitasCr. N. KatsisTHAT <strong>the</strong> Minutes <strong>of</strong> <strong>the</strong> Planning Committee <strong>meeting</strong> <strong>held</strong> on 10 October 2011 beconfirmed as a correct record <strong>of</strong> business transacted.CARRIEDPage 1

PLANNING COMMITTEE MINUTES 24 OCTOBER 20115. CONSIDERATION OF REPORTS5.1 APPLICATION FOR PLANNING PERMIT D/251/201110 Clinch Avenue PrestonAUTHOR:DIRECTOR:Principal Planner – Jolyon BoyleDirector City Works and Development – Michael BallockOWNER/APPLICANT/CONSULTANT:Applicant:Osanrae Preston P/L C/- Aurecon Australia Pty LtdLevel 12, 60 Albert RdSOUTH MELBOURNE VIC 3205Owner:Consultant:Clinch Properties Pty Ltd21 Suffolk AveCOBURG VIC 3058Chris HatcherAurecon Australia Pty Ltd60 Albert RoadSouth MelbourneSUMMARY:• The application was deferred from <strong>the</strong> Planning Committee <strong>meeting</strong> <strong>of</strong> 10 October2011, with Councillors seeking <strong>the</strong> applicant’s consideration toward providing additionalvisitor car parking on <strong>the</strong> site.• Construction <strong>of</strong> a nine (9) storey building (plus two (2) basement levels) comprising 89apartments and a reduction to <strong>the</strong> car parking requirement.• The Certificate <strong>of</strong> Title indicates that a restrictive covenant does not apply to <strong>the</strong> land.• The applicant has agreed in writing to <strong>the</strong> provision <strong>of</strong> an additional 12 visitor carparking spaces, taking <strong>the</strong> total number <strong>of</strong> visitor spaces to 18 and a total <strong>of</strong> 107spaces.• Recommendation – Notice <strong>of</strong> Decision to Grant a Planning Permit subject toConditions.CONSULTATION:• Notice <strong>of</strong> <strong>the</strong> application was given by posting a sign on <strong>the</strong> land and mailing <strong>of</strong> noticesto affected properties.• 12 objections were received against <strong>the</strong> application.• A consultative <strong>meeting</strong> was not <strong>held</strong>.Page 2

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• The application was referred internally to:- Transport Planning and Management Unit- Capital Works Unit- Sustainable Design- Urban Design advice was also provided by <strong>the</strong> Council’s Heritage Officer• The application was referred externally to:- Jemena ElectricityRECOMMENDATIONTHAT Planning Permit Application D/251/2011 be approved and a Notice <strong>of</strong> Decision toGrant a Planning Permit be issued subject to <strong>the</strong> following conditions:Construction <strong>of</strong> a nine (9) storey building (plus two (2) basement levels) comprising 89apartments and a reduction to <strong>the</strong> car parking requirement; subject to <strong>the</strong> followingconditions:1. Before <strong>the</strong> development starts, amended plans to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> ResponsibleAuthority must be submitted to, and approved by, <strong>the</strong> Responsible Authority. The plansmust be drawn to scale with dimensions and must be generally in accordance with <strong>the</strong>plans submitted with <strong>the</strong> application (identified as: 05A, 06A, 07A, 08A, 09A, 10A, 11A,12A, 13A, 14A, 15A, 16A, 17A, 18A, 19A, 20A, 21A 22A, dated 29 July 2011 and 27dated 8 April prepared by Carabott Holt architects and <strong>the</strong> Waste Management Plan,dated 8 April 2011 and prepared by Leigh Design) but modified to show:a) Any modifications in accordance with <strong>the</strong> Sustainable Design Statement (Referto Condition No. 5 <strong>of</strong> this Permit).b) Any modifications in accordance with <strong>the</strong> Acoustic Assessment (Refer toCondition No. 7 <strong>of</strong> this Permit).c) A single communal antenna for <strong>the</strong> development (refer also to Condition No. 9 <strong>of</strong>this Permit). The location <strong>of</strong> <strong>the</strong> antenna must be shown on <strong>the</strong> ro<strong>of</strong> plan andelevations. The height <strong>of</strong> <strong>the</strong> antenna must be nominated.d) Provision <strong>of</strong> 12 additional visitor car parking spaces (18 visitor spaces in totaland 107 spaces in total). All visitor parking spaces must be notated on <strong>the</strong>relevant plan(s).When approved, <strong>the</strong> plans will be endorsed and form part <strong>of</strong> this Permit.2. The development as shown on <strong>the</strong> endorsed plans must not be altered without <strong>the</strong>prior written consent <strong>of</strong> <strong>the</strong> Responsible Authority.3. This Permit will expire if:• The development does not start within three (3) years from <strong>the</strong> date <strong>of</strong> thisPermit; or• The development is not completed within five (5) years <strong>of</strong> <strong>the</strong> date <strong>of</strong> this Permit.The Responsible Authority may extend <strong>the</strong> times referred to if a request is made inwriting before this Permit expires or within three (3) months after <strong>the</strong> expiry date.Page 3

PLANNING COMMITTEE MINUTES 24 OCTOBER 20114. Before <strong>the</strong> construction or carrying out <strong>of</strong> buildings and works, ei<strong>the</strong>r:• A certificate <strong>of</strong> environmental audit must be issued for <strong>the</strong> land in accordancewith Part IXD <strong>of</strong> <strong>the</strong> Environment Protection Act 1970, or• An environmental auditor appointed under <strong>the</strong> Environment Protection Act 1970must make a statement in accordance with Part IXD <strong>of</strong> that Act that <strong>the</strong>environmental conditions <strong>of</strong> <strong>the</strong> land are suitable for <strong>the</strong> useIn <strong>the</strong> event that a statement is issued in accordance with Part IXD <strong>of</strong> <strong>the</strong> EnvironmentProtection Act, before <strong>the</strong> development is occupied all conditions <strong>of</strong> <strong>the</strong> Statement <strong>of</strong>Environmental Audit must be complied with to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> ResponsibleAuthority. Written confirmation <strong>of</strong> compliance with <strong>the</strong> conditions <strong>of</strong> <strong>the</strong> Statement <strong>of</strong>Environmental Audit must be provided by a suitably qualified environmentalpr<strong>of</strong>essional.If <strong>the</strong> conditions <strong>of</strong> <strong>the</strong> Statement <strong>of</strong> Environmental Audit require ongoing maintenance ormonitoring, before <strong>the</strong> development is occupied <strong>the</strong> owner <strong>of</strong> <strong>the</strong> land must enter into anAgreement with <strong>the</strong> Responsible Authority under Section 173 <strong>of</strong> <strong>the</strong> Planning andEnvironment Act 1987 to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority to <strong>the</strong> effect that,without <strong>the</strong> written consent <strong>of</strong> <strong>the</strong> Responsible Authority:• All conditions <strong>of</strong> <strong>the</strong> Statement <strong>of</strong> Environmental Audit issued in respect <strong>of</strong> <strong>the</strong>land will be complied with to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.Written confirmation <strong>of</strong> compliance with <strong>the</strong> conditions <strong>of</strong> <strong>the</strong> Statement <strong>of</strong>Environmental Audit must be provided by a suitably qualified environmentalpr<strong>of</strong>essional.A memorandum <strong>of</strong> <strong>the</strong> Agreement must be entered on <strong>the</strong> Title to <strong>the</strong> land and <strong>the</strong>owner must pay <strong>the</strong> costs <strong>of</strong> <strong>the</strong> preparation and execution <strong>of</strong> <strong>the</strong> Agreement and entry<strong>of</strong> <strong>the</strong> memorandum on Title.5. Before <strong>the</strong> development starts, an Environmentally Sustainable DevelopmentManagement Plan (ESD Management Plan) prepared by a suitably qualifiedpr<strong>of</strong>essional, must be submitted to, and approved in writing by, <strong>the</strong> ResponsibleAuthority.a) The ESD Management Plan must address:• Energy Management;• Water Conservation and Re-use; and• Demolition and Construction Waste Management.b) Where appropriate, <strong>the</strong> ESD Management Plan should:• Identify relevant statutory obligations, strategic or o<strong>the</strong>r documentedsustainability targets or performance standards;• Document <strong>the</strong> means by which <strong>the</strong> appropriate target or performance willbe achieved;• Identify responsibilities and a schedule for implementation, and ongoingmanagement, maintenance and monitoring; and• Demonstrate that <strong>the</strong> design elements, technologies and operationalpractices that comprise <strong>the</strong> ESD Management Plan can be maintained overtime.Page 4

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011A schedule for implementing and monitoring <strong>the</strong> ESD Management Plan must beincluded.The approved ESD Management Plan must be implemented to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority.6. Prior to <strong>the</strong> issue <strong>of</strong> a building permit for any building or any works authorised by thispermit, a development levy must be paid to Darebin City Council. The amount <strong>of</strong> <strong>the</strong>development levy for each charge unit must be calculated in accordance with Schedule1 to <strong>the</strong> Development Contribution Plan Overlay.7. Before development starts, an Acoustic Assessment <strong>of</strong> <strong>the</strong> development, to <strong>the</strong>satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority, must be submitted to <strong>the</strong> ResponsibleAuthority. The assessment must be prepared by a suitably qualified acoustic engineerand must detail recommended treatments <strong>of</strong> <strong>the</strong> development and/or <strong>the</strong> adoption <strong>of</strong>appropriate measures to ensure that:a) Noise emissions associated with <strong>the</strong> operation <strong>of</strong> surrounding and nearby nonresidentialuses and traffic do not impact adversely on <strong>the</strong> amenity <strong>of</strong> <strong>the</strong>dwellings.b) The design <strong>of</strong> habitable rooms <strong>of</strong> all dwellings adjacent to a road limits internalnoise levels to a maximum <strong>of</strong> 45 dB(a) in accordance with relevant AustralianStandards for acoustic control (including AS3671-Road Traffic).c) Noise emissions from <strong>the</strong> development (including <strong>the</strong> operation <strong>of</strong> plant,transmission <strong>of</strong> noise between dwellings and <strong>the</strong> use <strong>of</strong> <strong>the</strong> car park) do notimpact adversely on <strong>the</strong> amenity <strong>of</strong> dwellings within <strong>the</strong> development andneighbouring residential properties.The development must be constructed in accordance with <strong>the</strong> requirements/recommendations <strong>of</strong> <strong>the</strong> approved Acoustic Assessment to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority.8. Floor levels shown on <strong>the</strong> endorsed plans must be confirmed. The confirmation <strong>of</strong> <strong>the</strong>ground floor level must take place no later than at <strong>the</strong> time <strong>of</strong> <strong>the</strong> inspection <strong>of</strong> <strong>the</strong>subfloor <strong>of</strong> <strong>the</strong> development required under <strong>the</strong> Building Act 1993 and <strong>the</strong> BuildingRegulations 2006. This confirmation must be in <strong>the</strong> form <strong>of</strong> a report from a licensedland surveyor and must be submitted to <strong>the</strong> Responsible Authority no later than 7 daysfrom <strong>the</strong> date <strong>of</strong> <strong>the</strong> sub-floor inspection. The upper floor levels must be confirmedbefore a Certificate <strong>of</strong> Occupancy is issued, by a report from a licensed land surveyorsubmitted to <strong>the</strong> Responsible Authority.9. Only one (1) communal television antenna may be erected on <strong>the</strong> building. Individualantennae for individual dwellings/tenancies must not be erected.10. Waste storage and collection must be undertaken in accordance with <strong>the</strong> approvedmanagement plan and must be conducted in such a manner as not to affect <strong>the</strong>amenity <strong>of</strong> <strong>the</strong> surrounding area and which does not cause any interference with <strong>the</strong>circulation and parking <strong>of</strong> vehicles on abutting streets.11. Boundary walls facing adjoining properties must be cleaned and finished to <strong>the</strong>satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.12. The land must be drained to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.13. All redundant crossing(s) or crossing opening(s) must be removed and replaced withfootpath and kerb and channel to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.Page 5

PLANNING COMMITTEE MINUTES 24 OCTOBER 201114. With <strong>the</strong> exception <strong>of</strong> guttering, rainheads and downpipes, all pipes, fixtures, fittingsand vents servicing any building on <strong>the</strong> land must be concealed in service ducts oro<strong>the</strong>rwise hidden from view to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.15. No plant, equipment, services or architectural features o<strong>the</strong>r than those shown on <strong>the</strong>endorsed plans are permitted above <strong>the</strong> ro<strong>of</strong> level <strong>of</strong> <strong>the</strong> building/s without <strong>the</strong> priorwritten consent <strong>of</strong> <strong>the</strong> Responsible Authority.16. All dwellings that share dividing walls and floors must be constructed to limit noisetransmission to 45 STC (Sound Transmission Class) in accordance with Part F(5) <strong>of</strong><strong>the</strong> Building Code <strong>of</strong> Australia.17. Provision must be made on <strong>the</strong> land for letter boxes and receptacles for newspapers to<strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.18. Before occupation <strong>of</strong> <strong>the</strong> development, areas set aside for <strong>the</strong> parking <strong>of</strong> vehicles andaccess lanes as shown on <strong>the</strong> endorsed plan(s) must be:a) Constructed;b) Properly formed to such levels that <strong>the</strong>y can be used in accordance with <strong>the</strong>plans;c) Surfaced with an all wea<strong>the</strong>r sealcoat; andd) Drainedto <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.Car spaces, access lanes and driveways shown on <strong>the</strong> endorsed plans must not beused for any o<strong>the</strong>r purpose.19. Any clo<strong>the</strong>s lines provided on <strong>the</strong> balconies must not exceed <strong>the</strong> height <strong>of</strong> <strong>the</strong>balustrade and must not be visible from outside <strong>the</strong> site.Jemena Electricity Conditions (Conditions 20-21):20. The Plan <strong>of</strong> Subdivision submitted for certification under <strong>the</strong> Subdivision Act 1988 shallbe referred to Jemena Electricity Networks (Vic) Ltd in accordance with Section 8 <strong>of</strong>that Act.21. The applicant shall:a) Enter into an agreement for <strong>the</strong> extension, upgrading or re-arrangement <strong>of</strong> <strong>the</strong>electricity supply to lots on <strong>the</strong> plan <strong>of</strong> subdivision as required by JemenaElectricity Networks (Vic) Ltd. (A payment to cover <strong>the</strong> cost <strong>of</strong> such work will berequired and easements internal and external to <strong>the</strong> subdivision and provision <strong>of</strong>sites for substations may also be required).b) Where buildings or o<strong>the</strong>r installations exist on <strong>the</strong> land to be subdivided and areconnected to <strong>the</strong> electricity supply, <strong>the</strong>y shall be brought into compliance with <strong>the</strong>Supply and Installation Rules issued by <strong>the</strong> Local Government ElectricityAssociation (Vic) and Distribution Authorities to <strong>the</strong> extent determined by JemenaElectricity Networks (Vic) Ltd.Page 6

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011REPORTINTRODUCTION AND BACKGROUNDThere is no relevant <strong>planning</strong> background for this site.ISSUES AND DISCUSSIONSubject site and surrounding area• The site has <strong>the</strong> following dimensions and area:- Width: 30.5m- Depth: 55m- Area: 1666m 2• The site is located on south side Clinch Avenue Preston. The site is located within aPriority Development Zone (Schedule 2) and is affected by an Environmental AuditOverlay and a Development Contribution Plan Overlay. The site is also located withinPrecinct C (II) <strong>of</strong> <strong>the</strong> Preston Central Incorporated Plan (2007).• The site forms part <strong>of</strong> <strong>the</strong> Preston Activity Centre where a new neighbourhoodcharacter comprising higher density multi-storey storey residential and mixed usedevelopment is envisaged.• The site is flat, rectangular in shape and occupies a total area <strong>of</strong> approximately1,666m 2 . The site maintains a nor<strong>the</strong>rn frontage <strong>of</strong> approximately 30.48 metres toClinch Avenue and a depth <strong>of</strong> approximately 54.6 metres, directly adjoining <strong>the</strong> atgradeWoolworths car park to <strong>the</strong> east.• The site contains a vacant brick warehouse building built along <strong>the</strong> east, south andwestern site boundaries. The site has been identified for redevelopment for highdensity residential development in <strong>the</strong> Preston Central Incorporated Plan (TheIncorporated Plan).• The site is devoid <strong>of</strong> any vegetation. The front setback to Clinch Avenue is paved andhas been used as a car parking/loading and unloading area associated with <strong>the</strong> formerindustrial use <strong>of</strong> <strong>the</strong> land.• A vehicle crossover is provided to <strong>the</strong> site from Clinch Avenue, which provides accessto <strong>the</strong> existing loading bay.• Adjoining <strong>the</strong> site to <strong>the</strong> west are industrial buildings similarly zoned for future highdensity development within The Incorporated Plan, ranging in height from three (3) toseven (7) storeys. Council has received a <strong>planning</strong> permit application (D666/2011) for<strong>the</strong> redevelopment <strong>of</strong> <strong>the</strong> site at 2-8 Clinch Avenue for a nine (9) storey buildingcomprising 100 apartments.• A service station is located directly south <strong>of</strong> <strong>the</strong> site, which is envisaged for high densitydevelopment <strong>of</strong> up to 10 storeys under The Incorporated Plan.• To <strong>the</strong> east is a car park associated with <strong>the</strong> adjacent Woolworths Supermarket. Therear <strong>of</strong> Woolworths Supermarket (including <strong>the</strong> loading bay) front Clinch Avenue fur<strong>the</strong>rPage 7

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011east <strong>of</strong> <strong>the</strong> site. This site is also envisaged for high density development within TheIncorporated Plan, ranging in height from 3 to 7 storeys.• Fur<strong>the</strong>r to <strong>the</strong> east <strong>of</strong> <strong>the</strong> site is High Street beyond which are commercial uses andbuildings generally single and double storey in scale.• Directly north <strong>of</strong> <strong>the</strong> site is William Street (running north-south) which comprisesvarious residential developments. A single storey medium density residentialdevelopment comprising four (4) dwellings is located on <strong>the</strong> south west corner <strong>of</strong> ClinchAvenue and William Street. The secluded private open space areas associated wi<strong>the</strong>ach dwelling are located to <strong>the</strong> north <strong>of</strong> each dwelling away from <strong>the</strong> subjectdevelopment. A single storey dwelling is located on <strong>the</strong> south east corner <strong>of</strong> ClinchAvenue and William Street. An area <strong>of</strong> secluded private open space is located to <strong>the</strong>rear <strong>of</strong> <strong>the</strong> dwelling.• The site is well serviced by public transport with <strong>the</strong> trains available from PrestonStation located 180 metres south <strong>of</strong> <strong>the</strong> site. Buses are available on High Street andMurray Road. Trams are within reasonable walking distance on St Georges Road andPlenty Road. The Preston Market, Woolworths, Centrelink, toge<strong>the</strong>r with banks andspeciality stores are located in proximity to <strong>the</strong> site.• In addition to this, Cramer Park and Preston Bowls Club are located within closeproximity <strong>of</strong> <strong>the</strong> site toge<strong>the</strong>r with education facilities including Preston Girls SecondaryCollege, Parade College and Preston Primary School.ProposalThe application involves <strong>the</strong> demolition <strong>of</strong> <strong>the</strong> existing building occupying <strong>the</strong> site andconstruction <strong>of</strong> a multi storey building comprising 89 apartments plus two levels <strong>of</strong> basementcar parking.The proposed building ranges in height from a three (3) storey podium fronting ClinchAvenue to <strong>the</strong> north, rising in height to four (4) and five (5) storeys fur<strong>the</strong>r south, with a nine(9) storey section at <strong>the</strong> rear sou<strong>the</strong>rn end <strong>of</strong> <strong>the</strong> site.A total <strong>of</strong> 95 on-site car parking spaces are provided over two basement levels, as well as 33bicycle spaces. Access to <strong>the</strong> basement car park levels is proposed via a new crossover toClinch Avenue towards <strong>the</strong> western end <strong>of</strong> <strong>the</strong> site boundary.OBJECTIONS• 12 objections were received.Objections summarised• Height and Character• Overshadowing• Overlooking• Noise• Car Parking• Drainage• SafetyPage 8

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• Waste management• Impact <strong>of</strong> noise from adjacent existing uses.Officer comment on summarised objections• The height and character <strong>of</strong> <strong>the</strong> development is discussed and assessed under <strong>the</strong>Incorporated Plan assessment below. In addition and particularly in relation to <strong>the</strong>height and density <strong>of</strong> <strong>the</strong> development it is noted that State and Local Planning Policyenvisage an increase in housing density in well serviced areas such as this. Clause16.01 State Planning Framework <strong>of</strong> <strong>the</strong> scheme encourages higher density housingdevelopment on sites that are well located in relation to activity centres, employmentcorridors and public transport and requires Council’s to identify sites which are able toprovide 10 or more dwelling units, close to activity centres and well served by publictransport. Clause 21.05-2 <strong>of</strong> <strong>the</strong> Local Planning Policy Framework seeks to ensurePreston Central Activity Centre is an accessible and permeable urban environment thatwill support intensive development and use for retail, residential, <strong>of</strong>fice, entertainment,community and civic activity, and increase opportunities for public transport use. TheIncorporated Plan encourages multi-storey development that will accommodate highdensity residential toge<strong>the</strong>r with a mix <strong>of</strong> commercial and retail uses. Melbourne 2030suggests that a large proportion <strong>of</strong> population growth will be required to beaccommodated within established areas, and that <strong>the</strong> areas around and within activityCentres will be a preferred location for reasons <strong>of</strong> ecological sustainability. It isconsidered that <strong>the</strong> site comprises <strong>the</strong> necessary attributes to fur<strong>the</strong>r <strong>the</strong> aboveobjectives <strong>of</strong> <strong>the</strong> State and Local Planning Framework including its location within anactivity centre, location in proximity to public transport and local shops and servicesand relative isolation from adjacent residential properties. As result <strong>the</strong> appearance <strong>of</strong>Clinch Avenue will change, inline with <strong>the</strong> scope <strong>of</strong> <strong>the</strong>se policies and objectives.• The development does not overshadow any adjacent areas <strong>of</strong> secluded private openspace.• There are no habitable room windows or areas <strong>of</strong> secluded private open space within9m <strong>of</strong> <strong>the</strong> proposal, <strong>the</strong>refore <strong>the</strong> development does not overlook adjacent residentialproperties.• The noise levels generated by <strong>the</strong> development will not be significantly above that <strong>of</strong><strong>the</strong> surrounding area.• Car Parking is discussed and assessed in <strong>the</strong> body <strong>of</strong> <strong>the</strong> report under <strong>the</strong> sectiontitled Car Parking, with 107 spaces now provided for <strong>the</strong> 89 units.• The site is required to be drained to <strong>the</strong> satisfaction <strong>of</strong> Council’s Engineering ServicesDepartment.• The development does not raise any obvious safety concerns. Indeed <strong>the</strong> vehicleentrance/exit to <strong>the</strong> car park provides ample visibility at <strong>the</strong> driveway edge to ensureo<strong>the</strong>r users <strong>of</strong> <strong>the</strong> adjacent footpath are visible.• The applicant has submitted a satisfactory waste management plan detailing <strong>the</strong>means by which garbage and recyclables will be stored on <strong>the</strong> site and <strong>the</strong> time andfrequency <strong>of</strong> collection.• Impact <strong>of</strong> noise from adjacent existing uses, particularly <strong>the</strong> petrol station directly south<strong>of</strong> <strong>the</strong> site is dealt with by way <strong>of</strong> a condition requiring <strong>the</strong> submission <strong>of</strong> an acousticassessment to ensure all relevant dwellings are treated with any necessary noiseattenuation measures to <strong>of</strong>f set <strong>the</strong> impact <strong>of</strong> noise from <strong>the</strong> adjacent uses.Page 9

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011PLANNING ASSESSMENTPreston Central Incorporated Plan March 2007The proposed development satisfies all <strong>the</strong> objectives <strong>of</strong> Preston Central Incorporated PlanMarch 2007 and generally satisfies <strong>the</strong> standards o<strong>the</strong>r than detailed below:HeightThe development provides a maximum nine (9) storey height where <strong>the</strong> Incorporated Plansuggests a maximum height <strong>of</strong> seven (7) storeys. It is considered that <strong>the</strong> height <strong>of</strong> <strong>the</strong>proposal, in combination with its form and massing, represents a satisfactory response to <strong>the</strong>site’s existing appearance, location within an activity centre, relative isolation from directlyadjoining residential properties and proximity to services and public transport. It is notablethat <strong>the</strong> upper two (2) levels are setback 31m from <strong>the</strong> Clinch Avenue frontage to provide agood visual graduation in scale and bulk as viewed from Clinch Avenue and nearbyresidential properties. It is considered that <strong>the</strong> height <strong>of</strong> <strong>the</strong> development should not beconsidered in isolation and that <strong>the</strong> development as a whole represents a well considereddesign which is generally consistent with <strong>the</strong> State and Local policy vision for higher densitydevelopment within <strong>the</strong> Preston Activity Centre, where development <strong>of</strong> up to 10 storeys isenvisaged. The proposal, including its height represents a satisfactory scale and anappropriate use <strong>of</strong> this underutilised site and does not result in any detrimental visual oramenity impacts upon adjoining properties or neighbourhood character, as demonstratedwithin <strong>the</strong> <strong>planning</strong> assessment below.SetbacksThe Incorporated Plan suggests a staggered front setback from Clinch Avenue. Thedevelopment provides <strong>the</strong> following setbacks from Clinch Avenue with <strong>the</strong> preferred setbackin brackets: Ground floor setback: 1m to 4m (0m); 1 st floor setback: 0m to 4m (0m); 2 nd floorsetback: 0m to 4m (0m); 3rd floor setback: 4.8m to 6.5m (15m); 4th floor setback: 14.5m(15m); 5th floor setback: 20.5m to 29.5m (15m) and; 6th floor setback: 21.5m to 29.5m(30m). The 7 th and 8 th floors are setback 31m from Clinch Avenue, however <strong>the</strong> IncorporatedPlan is silent on <strong>the</strong> setback <strong>of</strong> buildings above seven (7) storeys.The setback <strong>of</strong> <strong>the</strong> development is largely compliant with The Incorporated Plan. While <strong>the</strong>3 rd floor is setback 4.8m to 6.5m where a setback <strong>of</strong> 15m is recommended under <strong>the</strong>Incorporated Plan, a sightline analysis reveals that <strong>the</strong> 3 rd floor will not be visible from <strong>the</strong>opposite side (north) side <strong>of</strong> Clinch Avenue. It is <strong>the</strong>refore considered that this section <strong>of</strong> <strong>the</strong>development will not have any unreasonable visual or amenity impact upon <strong>the</strong> ClinchAvenue streetscape. Similarly, a narrow portion <strong>of</strong> <strong>the</strong> 6 th floor is setback 21.5m where asetback <strong>of</strong> 30m is recommended under The Incorporated Plan. This section <strong>of</strong> <strong>the</strong> buildingaccounts for 9.5m <strong>of</strong> <strong>the</strong> 30.5m wide frontage and given <strong>the</strong> larger part <strong>of</strong> <strong>the</strong> 6 th floor issetback 31m from <strong>the</strong> Clinch Avenue frontage, <strong>the</strong> siting <strong>of</strong> <strong>the</strong> 6 th floor is consideredreasonable on balance.Page 10

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011CLAUSE 15.01 URBAN ENVIRONMENT ASESSMENTThe proposed development satisfies all <strong>the</strong> objectives <strong>of</strong> Clause 15.01 and generallysatisfies <strong>the</strong> standards o<strong>the</strong>r than detailed below:Energy Resource and EfficiencyThe proposal provides a mixed use development in an appropriate area to take advantage <strong>of</strong>existing services.The design provides adequate energy efficiency to <strong>the</strong> dwellings with acceptable solaraccess, shared walls, multi storey construction and internal stairs.A standard sustainability condition will be required.Complies subject to conditionClause 22.10: Residential and Mixed Use Development <strong>of</strong> Four (4) or More StoreysThe proposed development satisfies all <strong>the</strong> objectives <strong>of</strong> Clause 22.10 and generallysatisfies <strong>the</strong> standards o<strong>the</strong>r than detailed below:Clause 22.10 <strong>of</strong> <strong>the</strong> scheme provides 12 assessment criteria for residential or mixed usedevelopment <strong>of</strong> four (4) or more storeys. It is also noteworthy that this policy requires <strong>the</strong>consideration <strong>of</strong> a number <strong>of</strong> objectives and standards <strong>of</strong> Clause 55 <strong>of</strong> <strong>the</strong> scheme. Thefollowing table is a summary <strong>of</strong> <strong>the</strong> assessment <strong>of</strong> <strong>the</strong> proposal against <strong>the</strong> provisionscontained in <strong>the</strong> Policy.Element Comment ComplianceSustainability • Conditions <strong>of</strong> any approval will require a SDSand STEPS assessment and anymodifications in accordance with <strong>the</strong>seassessments.Compliessubject tocondition.Guidelines for Higher Density Residential DevelopmentThe proposed development satisfies all <strong>the</strong> objectives <strong>of</strong> <strong>the</strong> Guidelines for Higher DensityResidential Development and generally satisfies <strong>the</strong> standards.Car ParkingThe development comprises 89 residential apartments and 95 car parking spaces within two(2) basement levels. In addition <strong>the</strong> applicant has agreed to <strong>the</strong> provision <strong>of</strong> an additional 12visitor car parking spaces, taking <strong>the</strong> total number <strong>of</strong> visitor spaces to 18 and a total <strong>of</strong> 107spaces. A breakdown <strong>of</strong> <strong>the</strong> car parking required under Clause 52.06 <strong>of</strong> <strong>the</strong> scheme is setout below:Use Required Rate Parking Provided Requirement89 Apartments 2 spaces / apartment 95 spaces 178 spacesABS census data for Preston indicates parking rates in <strong>the</strong> order <strong>of</strong> 0.7 car spaces per singlebedroom dwelling and 1.1 car spaces per 2 bedroom dwelling. Application <strong>of</strong> <strong>the</strong>se ratesindicates <strong>the</strong> following empirical demand associated with <strong>the</strong> development.Page 11

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011Use Required Rate Requirement89 Apartments 0.7 spaces / one bed dwelling 16 spaces1.1 spaces / two bed dwelling 73 spacesTotal requirement: 89Despite <strong>the</strong> requirements <strong>of</strong> Clause 52.06 <strong>the</strong> car parking requirements contained underClause 55.03-11 <strong>of</strong> <strong>the</strong> scheme are deemed to be more representative <strong>of</strong> parking demandsgenerated by medium density residential development <strong>of</strong> this type. Under Clause 55.03-11<strong>the</strong> total car parking requirement is 107 parking spaces, inclusive <strong>of</strong> 18 visitor parkingspaces.In terms <strong>of</strong> parking availability short term one-hour parking is available on <strong>the</strong> south side <strong>of</strong>Clinch Avenue between 8.30am – 6.30pm Monday to Friday and 8.00am – 12.30pmSaturday. Parking is prohibited on <strong>the</strong> north side <strong>of</strong> Clinch Avenue. One-hour parkingrestrictions are in operation along High Street outside <strong>the</strong> following clearway restrictions:7.00am – 9.00am Monday to Friday (east side) and 4.30pm to 6.00pm Monday to Friday(west side).The site provides excellent access to public transport from Preston train station 180m to <strong>the</strong>south and Bus Routes 552, 553, 527 and 903 along High Street and Murray Road. Trams onPlenty Road and St Georges Road are also within reasonable walking distance.The reduction <strong>of</strong> car parking for <strong>the</strong> development is considered acceptable due to <strong>the</strong>following:• There is no parking precinct plan for <strong>the</strong> area.• The site is well serviced by public transport with <strong>the</strong> trains available from PrestonStation located 180 metres south <strong>of</strong> <strong>the</strong> site. Buses are available on High Street andMurray Road. Trams are within reasonable walking distance on St Georges Road andPlenty Road.• The site is located within an activity centre, encouraging multi-purpose trips as well asbeing readily accessible by public transport.• Application <strong>of</strong> Clause 55 parking rates and ABS data indicates that <strong>the</strong> proposedparking provision is appropriate.• The development provides six (6) additional (33 in total) bicycle parking spaces inexcess <strong>of</strong> Clause 52.34 <strong>of</strong> <strong>the</strong> scheme.• The applicant has agreed to <strong>the</strong> provision <strong>of</strong> an additional 12 visitor car parkingspaces, taking <strong>the</strong> total number <strong>of</strong> visitor spaces to 18 and 107 spaces in total.CONCLUSIONThe proposal presents an appropriate use and development for <strong>the</strong> land that embodies allrelevant local and state <strong>planning</strong> objectives, providing a result that will be whollyrepresentative <strong>of</strong> <strong>the</strong> strategic objectives <strong>of</strong> <strong>the</strong> Darebin Planning Scheme, and <strong>the</strong> vision forPreston Central Principal Activity Centre as outlined in <strong>the</strong> Preston Central Incorporated Plan(2007).The design response has addressed <strong>the</strong> site opportunities and constraints providing aproposal <strong>of</strong> architectural merit. It is submitted that <strong>the</strong> scale and massing <strong>of</strong> <strong>the</strong> proposal, inPage 12

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011association with <strong>the</strong> standard <strong>of</strong> <strong>the</strong> architectural finish, will set a desirable precedent forfuture development in Preston Central Principal Activity Centre. No unreasonable amenityimpacts arise as a result <strong>of</strong> <strong>the</strong> proposal. The application is <strong>the</strong>refore recommended forapproval.POLICY IMPLICATIONSEnvironmental SustainabilityAll new dwellings are required to achieve a minimum six (6) star energy rating under <strong>the</strong>relevant building controls.Social Inclusion and DiversityNil.O<strong>the</strong>rNil.FINANCIAL AND RESOURCE IMPLICATIONSThere are no financial or resource implications as a result <strong>of</strong> <strong>the</strong> determination <strong>of</strong> thisapplication.FUTURE ACTIONSNilDISCLOSURE OF INTERESTSSection 80C <strong>of</strong> <strong>the</strong> Local Government Act 1989 requires members <strong>of</strong> Council staff andpersons engaged under contract to provide advice to Council to disclose any direct orindirect interest in a matter to which <strong>the</strong> advice relates.The Manager authorising this report, having made enquiries with relevant members <strong>of</strong> staff,reports that no disclosable interests have been raised in relation to this report.RELATED DOCUMENTSDarebin Planning Scheme and <strong>the</strong> Planning and Environment Act (1987) as amended.Page 13

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011COMMITTEE DECISIONMOVED:SECONDED:Cr. T. LaurenceCr. N. KatsisTHAT Planning Permit Application D/251/2011 be refused and a Notice <strong>of</strong> Refusal beissued on <strong>the</strong> following ground:1. The height and setback <strong>of</strong> <strong>the</strong> development is contrary to <strong>the</strong> objectives <strong>of</strong> <strong>the</strong>Preston Central Incorporated Plan (2007).CARRIEDPage 14

PLANNING COMMITTEE MINUTES 24 OCTOBER 20115.2 APPLICATION FOR PLANNING PERMIT D/459/2011Part Lot 3 / 159 Heidelberg Road NorthcoteAUTHOR:DIRECTOR:Principal Planner – Gavin CrawfordDirector City Works and Development – Michael BallockOWNER/APPLICANT/CONSULTANT:Applicant:Owner:P. ConstantineTitan Self Storage P/LSUMMARY:• Use <strong>of</strong> land for an <strong>of</strong>fice (190m 2 ), reduction in <strong>the</strong> standard car parking requirementand construction <strong>of</strong> buildings and works (all retrospective).• The Certificate <strong>of</strong> Title does not indicate that <strong>the</strong>re is a restrictive covenant whichapplies to <strong>the</strong> land.• Notice <strong>of</strong> Decision to Grant a Planning Permit.CONSULTATION:• Notice <strong>of</strong> <strong>the</strong> application was given by posting a sign on <strong>the</strong> land and mailing <strong>of</strong> noticesto affected properties.• Seven (7) objections were received against <strong>the</strong> application.• No consultative <strong>meeting</strong> was <strong>held</strong>.RECOMMENDATIONTHAT Planning Permit Application D/459/2011 be approved and a Notice <strong>of</strong> Decision toGrant a Planning Permit be issued subject to <strong>the</strong> following conditions:1. Before <strong>the</strong> development and use starts, amended plans to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority must be submitted to, and approved by, <strong>the</strong> ResponsibleAuthority. The plans must be drawn to scale with dimensions and must be inaccordance with <strong>the</strong> plans submitted with <strong>the</strong> application (identified as A, A1, A3, A4,TP01, TP02, TP03, A1 job No 10.01.003 prepared by Peter Christ<strong>of</strong>f Architecturedated 2/8/11 as submitted to council 22/8/11) but modified to show:a) Any and all reference to <strong>the</strong> building in <strong>the</strong> north east corner <strong>of</strong> <strong>the</strong> site / commonproperty / use and development proposed under <strong>planning</strong> permit D/194/11deleted, with seven (7) car spaces provided in <strong>the</strong> north east corner <strong>of</strong> <strong>the</strong> site.b) All materials <strong>of</strong> construction clearly identified on <strong>the</strong> elevations.c) Deletion <strong>of</strong> Titan Self Storage Parking Signage.Page 15

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011d) Deletion <strong>of</strong> <strong>the</strong> door and step on <strong>the</strong> west elevation with access to <strong>the</strong> <strong>of</strong>fice viaHeidelberg Road with <strong>the</strong> door ei<strong>the</strong>r infilled or altered into a window with a sill1m above natural ground level.e) Deletion <strong>of</strong> <strong>the</strong> two columns to <strong>the</strong> north <strong>of</strong> <strong>the</strong> south-west car park and <strong>the</strong>provision <strong>of</strong> one (1) additional car space (ie. car space 1 on TP-02 turned intotwo (2) car spaces).f) All car spaces to <strong>the</strong> south-west <strong>of</strong> <strong>the</strong> site to have a minimum 2.6m width.g) Seven (7) car spaces allocated to <strong>the</strong> <strong>of</strong>fice (five (5) in <strong>the</strong> south-west corner <strong>of</strong><strong>the</strong> site and two (2) in <strong>the</strong> north-east corner <strong>of</strong> <strong>the</strong> site) and five (5) car spacesallocated to <strong>the</strong> self storage facility (all located in <strong>the</strong> north-east corner <strong>of</strong> <strong>the</strong>site).h) Bars as constructed to <strong>the</strong> west elevation roller door and window.i) Relocation <strong>of</strong> <strong>the</strong> <strong>of</strong>fice stairs outside <strong>of</strong> <strong>the</strong> car space 2 (in <strong>the</strong> south-west corner<strong>of</strong> <strong>the</strong> site).j) Car spaces to be line marked.When approved <strong>the</strong> plans will be endorsed and form part <strong>of</strong> this permit.2. The development as shown on <strong>the</strong> endorsed plans must not be altered without <strong>the</strong>prior written consent <strong>of</strong> <strong>the</strong> Responsible Authority.3. The layout <strong>of</strong> <strong>the</strong> use(s) as shown on <strong>the</strong> endorsed plans must not be altered without<strong>the</strong> prior written consent <strong>of</strong> <strong>the</strong> Responsible Authority.4. This Permit will expire if <strong>the</strong> development is not completed within six months <strong>of</strong> <strong>the</strong>date <strong>of</strong> this Permit.The Responsible Authority may extend <strong>the</strong> times referred to if a request is made inwriting before this Permit expires or within three (3) months after <strong>the</strong> expiry date.5. Prior to <strong>the</strong> issue <strong>of</strong> a building permit for any building or any works authorised by thispermit, a development levy must be paid to Darebin City Council. The amount <strong>of</strong> <strong>the</strong>development levy for each charge unit must be calculated in accordance with Schedule1 to <strong>the</strong> Development Contribution Plan Overlay.6. The land must be drained to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.7. The <strong>of</strong>fice use may operate only between <strong>the</strong> hours <strong>of</strong> 8am to 6pm Monday to Friday.8. All security alarms or similar devices installed on <strong>the</strong> land must be <strong>of</strong> a silent typeapproved by <strong>the</strong> Standards Association <strong>of</strong> Australia and be connected to a registeredsecurity service.9. A waste storage/collection area must be provided on <strong>the</strong> subject land in a location to<strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.The waste storage/collection area must have minimum dimensions <strong>of</strong> 2.4 metres by1.8 metres. If located outside a building, <strong>the</strong> waste storage/collection area must besurrounded by a screen so that it is not visible from any public road or thoroughfare to<strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.The waste storage/collection area must not be used for any o<strong>the</strong>r purpose and must bemaintained in a clean and tidy condition, and free from <strong>of</strong>fensive odour, to <strong>the</strong>satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.10. Provision must be made on <strong>the</strong> land for letter boxes and receptacles for newspapers to<strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible AuthorityPage 16

PLANNING COMMITTEE MINUTES 24 OCTOBER 201111. Areas set aside for <strong>the</strong> parking <strong>of</strong> vehicles and access lanes as shown on <strong>the</strong>endorsed plan(s) must be:a) Constructed;b) Properly formed to such levels that <strong>the</strong>y can be used in accordance with <strong>the</strong>plans;c) Surfaced with an all wea<strong>the</strong>r sealcoat;d) Drained;e) Line-marked to indicate each car space and all access lanes;f) Clearly marked to show <strong>the</strong> direction <strong>of</strong> traffic along <strong>the</strong> access lanes anddrivewaysto <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.Car spaces, access lanes and driveways shown on <strong>the</strong> endorsed plans must not beused for any o<strong>the</strong>r purpose.REPORTINTRODUCTION AND BACKGROUNDLot 3 appears to have always maintained use rights as a warehouse/storage facility.Therefore, <strong>the</strong> current self storage business did not require a <strong>planning</strong> permit.Planning permit PD7741 was issued to 159 Heidelberg Road for a five (5) lot subdivisionapproved on 2 December 1994 creating Lot 3. Provision was made for 12 car spaces for Lot3.Planning permit D/164/2002 was issued to Lot 3 and common property / 159 HeidelbergRoad to use and develop <strong>the</strong> land a Caretaker’s house on 9 September 2002 (generally <strong>the</strong>same as <strong>the</strong> current proposal). Council approved Extensions <strong>of</strong> Time EOT/27/2004,EOT/61/2005, EOT/91/2006 and EOT/128/2007 on 13 August 2004, 16 September 2005, 29November 2006 and 24 January 2008 respectively with <strong>the</strong> permit to be commenced by 9September 2008 and completed by 1 September 2010. Photographic evidence dated 10September 2008 clearly shows that building works were not commenced and <strong>the</strong> permit hasconsequently expired. A fifth request for an extension <strong>of</strong> time EOT/92/2010 was made 30August 2010 which was refused by Council. The applicant appealed this refusal to VCAT.The buildings and works were commenced after <strong>the</strong> permit expired without a valid <strong>planning</strong>permit.Planning permit D/908/03 was issued on 20 January 2004 for an enclosed carport and deckto <strong>the</strong> south-west <strong>of</strong> Lot 3 and a reduction in car parking. The proposal reduced on site carparking (as approved under <strong>planning</strong> permit PD7741) from 12 to 11 car spaces and did notshow <strong>the</strong> caretaker’s house approved under <strong>planning</strong> permit D/164/2002. There are somediscrepancies between <strong>the</strong> endorsed plans and <strong>the</strong> development as constructed and <strong>the</strong>current application generally seeks to regularise <strong>the</strong>se.The south-west first floor part <strong>of</strong> Lot 3 / 159 Heidelberg Road appears to have previouslyused as a caretaker’s house in association with <strong>the</strong> operation <strong>of</strong> <strong>the</strong> self storage business.Existing use rights for a caretaker’s house have not been established. The applicant advisesthat this caretaker’s house was vacated in February 2011 and inspections by <strong>planning</strong>Page 17

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011<strong>of</strong>ficers have determined that this part <strong>of</strong> <strong>the</strong> site is currently being used as a separate <strong>of</strong>fice.The current application generally seeks to regularise this use.Planning permit D/194/2011 to construct a four (4) storey caretaker’s house (partlyretrospective) and a reduction in car parking was refused by Planning Committee on 25 July2011. The applicant appealed this refusal to VCAT.ISSUES AND DISCUSSIONSubject site and surrounding areaThe overall site is fairly regular in shape and is located on <strong>the</strong> north side <strong>of</strong> Heidelberg Road.It has a frontage 61.76m to Heidelberg Road, 59.5m to Westfield Street, 80.47m to AlbertStreet and 44 m to Holmes Street. It contains an industrial estate occupied by a number <strong>of</strong>buildings <strong>of</strong> varying size and character and associated car parking areas.The subject land comprises Lot 3 on PS 336036 E. Lot 3 is in two parts with a total area <strong>of</strong>1085 square metres, with 156 square metres used to provide 11 car spaces. Part A (wherecar parking for <strong>the</strong> <strong>of</strong>fice is proposed) comprises seven (7) car spaces (as previouslyapproved) and is situated in <strong>the</strong> north-east corner <strong>of</strong> <strong>the</strong> site fronting Albert Street andWestfield Street measuring 4.9m wide by 18.4m long by 3m high with common propertyabove and with an area <strong>of</strong> 90 square metres (see <strong>planning</strong> history above for details <strong>of</strong> <strong>the</strong>building in this location). Part B measures 995 square metres and is in <strong>the</strong> south-west corner<strong>of</strong> <strong>the</strong> land fronting Westfield Street and Heidelberg Road comprises four (4) car spaces anda two storey plus basement building with a frontage <strong>of</strong> 39.5m to Heidelberg Road and33.29m to Westfield Street. The self storage facility has a net floor area <strong>of</strong> 2325 squaremetres.The site is part <strong>of</strong> a larger warehouse/industrial complex with two storey industrial premisesgenerally comprising smaller commercial and industrial uses with a number <strong>of</strong> <strong>of</strong>fice studio /caretaker’s houses.To <strong>the</strong> north is Albert Road with residential uses beyond in a Residential 1 Zone.To <strong>the</strong> west are commercial / industrial premises in an Industrial 3 Zone.To <strong>the</strong> east is Westfield Street with commercial / industrial premises beyond in an Industrial3 Zone.To <strong>the</strong> south is Heidelberg Road, a Road Zone category 1 with Yarra Bend Park beyond.Proposal• It is proposed to (retrospectively) use 190m 2 <strong>of</strong> <strong>the</strong> first floor in <strong>the</strong> south west corner <strong>of</strong><strong>the</strong> site as an <strong>of</strong>fice premises (separate from <strong>the</strong> self storage premises).• Hours <strong>of</strong> operation are to be 8am to 6pm Monday to Friday with two staff to operatefrom <strong>the</strong> <strong>of</strong>fice.• Two (2) car spaces allocated to <strong>the</strong> <strong>of</strong>fice located in <strong>the</strong> north east corner <strong>of</strong> <strong>the</strong> site.• A traffic report has been submitted in support <strong>of</strong> <strong>the</strong> reduction in car parking for <strong>the</strong><strong>of</strong>fice with a parking survey <strong>of</strong> <strong>the</strong> surrounds and an empirical assessment <strong>of</strong> parkingdemand.Page 18

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• The site plans show <strong>the</strong> caretaker’s house proposed under <strong>planning</strong> permitD/194/2011 with a notation identifying that this is not part <strong>of</strong> <strong>the</strong> current application.• Minor alterations are retrospectively proposed to <strong>the</strong> building (reflecting minor noncomplianceswith <strong>planning</strong> permit D908/03):1. Construct a door and access stairs on <strong>the</strong> west elevation providing access to <strong>the</strong>proposed <strong>of</strong>fice.2. Delete <strong>the</strong> mesh enclosing car spaces 1 to 4.3. Alter first floor balcony materials (replacing some metal with timber).• The plans also show <strong>the</strong> support beams to <strong>the</strong> north <strong>of</strong> <strong>the</strong> south west car parkingarea. These have not been constructed but were approved under <strong>planning</strong> permitD/908/03.Requirement for a <strong>planning</strong> permit and <strong>planning</strong> scheme controls• Pursuant to Clause 33.03-1 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme a <strong>planning</strong> permit isrequired to use <strong>the</strong> land for an <strong>of</strong>fice.• Pursuant to Clause 33.03-4 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme a <strong>planning</strong> permit isrequired to construct a building or construct or carry out works.• Pursuant to Clause 52.06-1 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme a <strong>planning</strong> permit isrequired to reduce <strong>the</strong> standard car parking requirement.PLANNING CONTROLSList all relevant <strong>planning</strong> scheme controlsState Planning Policy Framework: Clause 17.02.Local Planning Policy Framework: Clause 21.03 and Clause 21.05-5, Clause 22.07 Industrialand Commercial Activity.Zone: Industrial 3 Zone Clause 33.03.Overlay: Development Contributions Plan (Clause 45.06).Special Building Overlay (Clause 44.05) – east <strong>of</strong> site only.Particular Provisions: Clause 52.06 car parking.General Provisions: Decision Guidelines (Clause 63 and Clause 65.01).The land is not within 60 metres <strong>of</strong> a major electricity transmission line (220 kilovolts ormore) or electricity transmission easement.A Cultural Heritage Management Plan (under <strong>the</strong> Aboriginal Heritage Act 2006) is notrequired.The land is not affected by <strong>the</strong> proposed SBO.The land is not affected by <strong>the</strong> proposed Heritage Overlay (HO).OBJECTIONS• Seven (7) Objections.Page 19

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011Objections summarised1. Insufficient car parking provision on site and detrimental impacts upon <strong>the</strong> amenity <strong>of</strong><strong>the</strong> surrounding area. Number <strong>of</strong> staff may change. Six (6) staff and one (1) visitor carspace should be provided to meet empirical demand associated with <strong>the</strong> use.2. Car space dimensions non compliant with Australian Standards.3. Loading and unloading impacts upon <strong>the</strong> operation <strong>of</strong> body corporate land / car parking<strong>of</strong> o<strong>the</strong>r properties at 159 Heidelberg Road.4. Impractical location <strong>of</strong> <strong>of</strong>fice staff car parking, self storage customer car parking andself storage loading bay. Public liability issues with customers <strong>of</strong> <strong>the</strong> self storage facilityhaving to carry goods to <strong>the</strong> south west <strong>of</strong> <strong>the</strong> site.5. Allocation <strong>of</strong> car parking to titan self storage is inappropriate.6. The application seeks to validate application D/194/11, should be refused / deferredgiven Council refused application D/194/11 for a caretaker’s house and a VCAT appealis pending on this matter, <strong>the</strong> proposal contradicts application D/194/11. Siteuncertainty with:• Car parking proposed beneath a partially completed building with no <strong>planning</strong>permit.• Car parking demands associated with self storage facility and caretaker’s house.7. Traffic survey data is flawed. Self Storage facility will not use public transport, relianceupon parking in Yarra Bend is inappropriate, reliance on 1 hour parking isinappropriate, a survey based on 1 days parking survey is inappropriate.8. Future use <strong>of</strong> <strong>the</strong> site will have higher parking demand.9. Balcony supports impact upon access to car spaces.Officer comment on summarised objections1. Car parking provision for <strong>the</strong> <strong>of</strong>fice will be required to comply with Clause 56.06 bypermit condition. Sufficient car parking will be required to be provided to <strong>the</strong> selfstorage facility. See assessment under car parking below.2. See assessment under car parking below.3. The proposal is for an <strong>of</strong>fice use and has no loading or unloading requirements. Noloading facilities can be required to be provided for <strong>the</strong> <strong>of</strong>fice use. The plans continueto show a loading and unloading bay on Lot 3 in <strong>the</strong> north <strong>of</strong> <strong>the</strong> self storage facilityaccessed via common property. The proposal will not impact upon <strong>the</strong> operation <strong>of</strong> <strong>the</strong>self storage facility.4. See assessment under car parking below.5. See assessment under car parking below.6. The application that must be considered is for an <strong>of</strong>fice use, reduction in car parkingassociated with an <strong>of</strong>fice use and <strong>the</strong> construction <strong>of</strong> minor buildings and works.Council can only have regard to <strong>the</strong> legally occurring use (self storage facility) anddevelopment (not <strong>the</strong> building in <strong>the</strong> north east corner) <strong>of</strong> <strong>the</strong> land. ApplicationD/194/11 is separate to <strong>the</strong> current application and cannot / is not being considered aspart <strong>of</strong> this application. It is recommended that any reference to <strong>the</strong> caretaker’sresidence be removed from <strong>the</strong> current application. It is noted that if <strong>the</strong> currentapplication D/459/2010 is approved application D/194/11 to VCAT will need to beamended and readvertised (with an additional reduction in car parking).Page 20

PLANNING COMMITTEE MINUTES 24 OCTOBER 20117. See assessment under car parking below.8. The balcony supports were approved previously under <strong>planning</strong> permit D/908/03 andare located on private land (ie not available for turning areas for o<strong>the</strong>r properties).Having regard to opportunities to provide additional on site car parking <strong>the</strong>se supportsare recommended to be deleted.PLANNING ASSESSMENTUse <strong>of</strong> landHaving regard to Clause 33.03-2 <strong>the</strong> proposed <strong>of</strong>fice use does not adversely affect <strong>the</strong>amenity <strong>of</strong> <strong>the</strong> neighbourhood through <strong>the</strong> transport <strong>of</strong> materials, <strong>the</strong> appearance <strong>of</strong> anystored goods or materials or through emissions. The proposal is not industrial in nature andwill not affect nearby residential areas which are sensitive to industrial <strong>of</strong>f-site effects. Thereare no nearby industries which will affect <strong>the</strong> proposed use. The land can be drained andconnected to services. The proposal is unlikely to generate significant traffic on surroundingroads. The <strong>of</strong>fice use is appropriate having regard to <strong>the</strong> variety <strong>of</strong> uses currently occurringin <strong>the</strong> immediate area.Buildings and Works / Urban DesignThe proposed door and stairs on <strong>the</strong> west elevation conflict with car space 2. Transportmanagement branch advise that a 1m landing is required for <strong>the</strong> entrance in addition to apedestrian path from <strong>the</strong> common property / Heidelberg Road. The current arrangementraises considerable safety issues for accessing <strong>the</strong> <strong>of</strong>fice and will result in car space 2 beingunderutilised. Council has photographic evidence clearly showing that this door was notpresent in 2003. It is recommended that this door be deleted and that <strong>the</strong> ei<strong>the</strong>r <strong>the</strong> wall bereinstated or <strong>the</strong> opening altered into a window with a minimum 1m sill height (to ensure it isnot used as a pedestrian access point) with <strong>the</strong> pedestrian access for <strong>the</strong> <strong>of</strong>fice being fromHeidelberg Road.The plans show <strong>the</strong> provision <strong>of</strong> two columns to <strong>the</strong> north <strong>of</strong> <strong>the</strong> south west car park. Thesecolumns have never been constructed and serve no structural purpose. It is recommendedthat <strong>the</strong>se columns be deleted to allow car space 1 to be altered into two car spaces (as it iscurrently being used). It is recommended that all car spaces have a minimum 2.6m width. Itis noted that <strong>the</strong> existing balcony columns will partly impinge upon <strong>the</strong> sou<strong>the</strong>rn <strong>of</strong> <strong>the</strong> two(2) newly created car spaces but this is acceptable.The materials <strong>of</strong> construction have not been clearly identified on <strong>the</strong> plans and this should becorrected (timber framed pergola continues to be marked as metal).The remaining alterations are minor buildings and works, regularising inconsistenciesbetween <strong>the</strong> building approved under <strong>planning</strong> permit D/903/03 and what has beenconstructed. These are minor cosmetic changes / changes to materials that have no impactupon <strong>the</strong> use, operation, appearance, character and size <strong>of</strong> <strong>the</strong> building and are supported.Page 21

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011Car ParkingUnder Clause 52.06 <strong>the</strong> existing self storage facility and <strong>the</strong> proposed <strong>of</strong>fice have <strong>the</strong>following car parking demand:Use Parking Rate Area RequiredparkingProposed onplansStore 10% <strong>of</strong> site area 1085m 109m2 / 9 car 5 car spacesspaces*Office3.5 car spaces 190m 2 7 (6.65) car 2 car spacesper 100m2 <strong>of</strong>spacesTotal 16 car spaces 7 car spaces*see assessment below.There are nine (9) car spaces shown on <strong>the</strong> application plans. It is proposed to allocate two(2) car spaces to <strong>the</strong> <strong>of</strong>fice use with <strong>the</strong> remaining seven (7) car spaces proposed to beallocated to <strong>the</strong> self storage facility and <strong>the</strong> caretakers house proposed under <strong>planning</strong>permit D/194/2011.As council has refused application D/194/2011 and <strong>the</strong> application has not yet beendetermined by VCAT all reference to application D/194/2011 should be deleted from <strong>the</strong>plans. Under <strong>the</strong> circumstances car parking must be assessed on <strong>the</strong> basis <strong>of</strong> <strong>the</strong> existinguse rights / previous permits issued for subdivision. Car parking has never been specified for<strong>the</strong> use <strong>of</strong> <strong>the</strong> site as a self storage facility. Planning permit PD7741 allocated 12 car spacesto Lot 3 and <strong>planning</strong> permit D/908/03 reduced this number to 11. Therefore plans endorsedunder previous <strong>planning</strong> permits require 11 car spaces to be provided on <strong>the</strong> site. As notedunder buildings and works / urban design above <strong>the</strong>re is <strong>the</strong> opportunity to provide one (1)additional on site car space and this should be required by permit condition bringing on sitecar parking to 12 car spaces.Council must have regard to <strong>the</strong> decision guidelines as contained in Clause 52.06-1. Inconsideration <strong>of</strong> <strong>the</strong> request to reduce <strong>the</strong> number <strong>of</strong> car spaces, <strong>the</strong> following is noted:• There is no parking precinct plan to which Council may assess <strong>the</strong> proposal, <strong>the</strong>refore<strong>the</strong> assessment <strong>of</strong> <strong>the</strong> application must be on its merits;• A store, which is defined as “land used to store goods, machinery, or vehicles” has aparking demand under Clause 52.06 <strong>of</strong> 10 percent <strong>of</strong> <strong>the</strong> site area requiring 109square metres <strong>of</strong> <strong>the</strong> 1085 square metres site to be allocated to car parking (notincluding common property areas). With a standard car space having dimensions <strong>of</strong>2.6m by 4.9m and an area <strong>of</strong> 12.75m 2 <strong>the</strong> self storage facility has a parkingrequirement <strong>of</strong> 9 (8.6) car spaces under clause 52.06 (109m 2 / 12.75m 2 ). It is notedthat <strong>the</strong> parking rate for a store does not reflect <strong>the</strong> multi-level nature <strong>of</strong> <strong>the</strong> existingbuilding.• A review <strong>of</strong> <strong>planning</strong> applications for self storage facilities at VCAT indicated a peakempirical car parking demand <strong>of</strong> 0.2 spaces per 100 square metres (Moor Room SelfStorage Pty Ltd v Frankston CC [2008] P1541 2008). Applying this rate to <strong>the</strong> existing2,325 square metre self storage use yields a parking demand <strong>of</strong> five (5) car spaces.The applicant has indicated that <strong>the</strong> self storage use is operated by one (1) permanentemployee, equating to one (1) long term car space required for staff and four (4)customer car spaces.• Subject to five (5) car spaces (based on empirical demand) being allocated to <strong>the</strong> selfstorage facility (with a reduction <strong>of</strong> 4 car spaces from <strong>the</strong> clause 52.06 requirement),<strong>the</strong> <strong>of</strong>fice use will have seven (7) car spaces allocated to it (<strong>meeting</strong> <strong>the</strong> clause 52.06requirement with no reduction in car parking).Page 22

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• The applicant has provided a traffic report prepared by a traffic engineer in support <strong>of</strong><strong>the</strong> car parking reduction. The survey was undertaken on one business day, beingFriday 5 August (not a public holiday / school holiday) at hourly intervals from 9am to6pm, identifying short term and unrestricted car parking. There were a minimum <strong>of</strong> 3unrestricted car spaces available in Westfield Street between Albert St and HeidelbergRoad at all times during <strong>the</strong> survey, with a minimum 44 long term / unrestricted parkingspaces available in <strong>the</strong> immediate area. Whilst some <strong>of</strong> <strong>the</strong>se car spaces are in <strong>the</strong>park opposite <strong>the</strong>y are proximate to <strong>the</strong> site. This is an acceptable car parking surveyand shows that <strong>the</strong>re is sufficient unrestricted car parking available on street to meetany overflow demand associated with <strong>the</strong> proposal.• There is public transport available in <strong>the</strong> area in <strong>the</strong> form <strong>of</strong> buses along HeidelbergRoad and nearby Westgarth Street.• It is recommended that five (5) car spaces in <strong>the</strong> north east <strong>of</strong> <strong>the</strong> site be allocated to<strong>the</strong> self storage facility and that <strong>the</strong> remaining seven (7) car spaces be allocated to <strong>the</strong><strong>of</strong>fice. The sign identifying parking for Titan self storage customers on <strong>the</strong> west façadeshould be deleted.The car parking reduction will not impact detrimentally upon <strong>the</strong> surrounding local streetsand common property and <strong>the</strong> waiving <strong>of</strong> <strong>the</strong> car space is acceptable.Loading and UnloadingThe land has existing use rights for a self storage facility and loading and unloading facilitieshave never been specified on Lot 3 / for <strong>the</strong> use <strong>of</strong> <strong>the</strong> site as a self storage facility as part <strong>of</strong>any <strong>of</strong> <strong>the</strong> permits issued previously to <strong>the</strong> land. Clause 52.07 Loading and Unloading OfVehicles <strong>of</strong> <strong>the</strong> Darebin Planning Scheme specifies that no building or works may beconstructed for <strong>the</strong> manufacture, servicing, storage or sale <strong>of</strong> goods or materials unlessspace is provided on <strong>the</strong> land for loading and unloading vehicles in accordance with <strong>the</strong> tableattached to Clause 52.07. The proposed buildings and works are for an <strong>of</strong>fice and are notfor <strong>the</strong> storage <strong>of</strong> goods or materials. Consequently <strong>the</strong> proposal cannot be required toprovide loading and unloading facilities. Plans submitted show a loading bay measuring4.2m by 6.2m. This loading bay accords with <strong>of</strong>ficer inspections <strong>of</strong> <strong>the</strong> site. If <strong>the</strong> applicationwere supported <strong>the</strong> loading bay should be shown on <strong>the</strong> endorsed plan.POLICY IMPLICATIONSEnvironmental SustainabilityAll new dwellings are required to achieve a minimum six (6) star energy rating under <strong>the</strong>relevant building controls.Social Inclusion and DiversityNil.O<strong>the</strong>rNil.Page 23

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011FINANCIAL AND RESOURCE IMPLICATIONSThere are no financial or resource implications as a result <strong>of</strong> <strong>the</strong> determination <strong>of</strong> thisapplication.FUTURE ACTIONSNil.DISCLOSURE OF INTERESTSSection 80C <strong>of</strong> <strong>the</strong> Local Government Act 1989 requires members <strong>of</strong> Council staff andpersons engaged under contract to provide advice to Council to disclose any direct orindirect interest in a matter to which <strong>the</strong> advice relates.The Manager authorising this report, having made enquiries with relevant members <strong>of</strong> staff,reports that no disclosable interests have been raised in relation to this report.RELATED DOCUMENTSDarebin Planning Scheme and <strong>the</strong> Planning and Environment Act (1987) as amended.COMMITTEE DECISIONMOVED:SECONDED:Cr. S. TsitasCr. G. GrecoTHAT consideration <strong>of</strong> <strong>the</strong> matter be deferred until <strong>the</strong> next Committee <strong>meeting</strong> toenable discussions to be <strong>held</strong> with <strong>the</strong> Applicant regarding provision <strong>of</strong> more carparking requirements.CARRIEDPage 24

PLANNING COMMITTEE MINUTES 24 OCTOBER 20115.3 APPLICATION FOR PLANNING PERMIT D/77/2003/B67 Newman Street ThornburyAUTHOR:DIRECTOR:Principal Planner – Jolyon BoyleDirector City Works and Development – Michael BallockOWNER/APPLICANT/CONSULTANT:Applicant andOwner:David Rose69 Newman StreetTHORNBURY VIC 3071SUMMARY:• Planning permission is sought to extend <strong>the</strong> operating hours associated with anexisting food manufacturing business, known as ‘Exquisine’. The current hours <strong>of</strong> <strong>the</strong>operation permitted under condition 21 <strong>of</strong> <strong>the</strong> existing <strong>planning</strong> permit are between5:00am to 6:00pm Monday to Friday.• Planning permission is sought to extend <strong>the</strong> operating hours to between 5.00am to11.00pm Monday to Friday and 7:00am to 7:00pm Saturday and Sunday.• A restrictive covenant applies to <strong>the</strong> land and restricts <strong>the</strong> commercial gravel extraction.• Recommendation – Notice <strong>of</strong> Decision to Amend a Planning Permit.CONSULTATION:• Notice <strong>of</strong> <strong>the</strong> application was given by posting a sign on <strong>the</strong> land and mailing <strong>of</strong> noticesto affected properties.• 18 objections were received against <strong>the</strong> application.• A consultative <strong>meeting</strong> was <strong>held</strong> on site on 23 August 2011. The Council’s PrincipalPlanner Jolyon Boyle, Nigel Rose from Exquisine and nine (9) residents attended <strong>the</strong><strong>meeting</strong>. The <strong>meeting</strong> was arranged on site so all parties could get a betterunderstanding <strong>of</strong> <strong>the</strong> use and how it may impact <strong>the</strong> wider area, particularly in relationto noise. It was recommended at <strong>the</strong> commencement <strong>of</strong> <strong>the</strong> <strong>meeting</strong> that all partiestake a tour <strong>of</strong> <strong>the</strong> entire site and witness <strong>the</strong> manufacturing process in action. Thiswould have enabled residents to gain an accurate understanding <strong>of</strong> potential noiseimpacts and actually witness that <strong>the</strong> manufacturing process is quiet and would not beaudible from outside <strong>the</strong> property. Unfortunately 8 <strong>of</strong> 9 residents were not agreeable tothis arrangement.• The application was referred externally to <strong>the</strong> Environmental Protection Authority(EPA).Page 25

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011RECOMMENDATIONTHAT <strong>the</strong> application be approved and a Notice <strong>of</strong> Decision to Amend a PlanningPermit be issued comprising <strong>the</strong> amendment <strong>of</strong> Condition 21 <strong>of</strong> Planning PermitD77/2003:Revised condition 21 to state:The use permitted by this permit must only operate between <strong>the</strong> hours <strong>of</strong> 5:00am to 11:00pmMonday to Friday and 7:00am to 7:00pm Saturday and Sunday.REPORTINTRODUCTION AND BACKGROUNDPlanning permit D77/2003 was granted on 23 December 2003 to change <strong>the</strong> use <strong>of</strong> <strong>the</strong> sitefrom a warehouse to industry (shoe manufacturing) and to reduce <strong>the</strong> car parkingrequirement.Planning permit D77/2003 was amended on 29 October 2010 to change <strong>the</strong> use <strong>of</strong> <strong>the</strong> sitefrom shoe manufacturing to a food production, in connection with <strong>the</strong> existing foodproduction use already in operation within <strong>the</strong> adjacent building at 69 Newman Street. Aspart <strong>of</strong> <strong>the</strong> application amended on 29 October 2010 <strong>the</strong> Environment Protection Authority(EPA) raised no objection and did not attach any fur<strong>the</strong>r conditions to <strong>the</strong> permit, noting that<strong>the</strong>re is existing permit conditions requiring compliance with State Environment ProtectionPolicy (Noise <strong>of</strong> Industry from Commence, Trade and Industry) No N-1.The EPA has not provided a response to current application to extend <strong>the</strong> operating hours.ISSUES AND DISCUSSIONSubject site and surrounding area• The site is located on <strong>the</strong> south side <strong>of</strong> Newman Street, Thornbury. The site isoccupied by a part single, part double storey building (plus mezzanine) comprising <strong>the</strong>packaging area, cool room storage and <strong>the</strong> principal plant and equipment room locatedat <strong>the</strong> very western end <strong>of</strong> <strong>the</strong> building at ground and first floor level.• The site is occupied by one <strong>of</strong> two linked buildings under <strong>the</strong> operation <strong>of</strong> <strong>the</strong> existingbusiness, Exquisine. Exquisine manufacture deserts (mousse, tiramisu and <strong>the</strong> like) forRed Rooster, Pizza Hut and Aldi amongst o<strong>the</strong>rs. Exquisine has operated from 69Newman Street since 2002 and expanded into <strong>the</strong> adjacent premises at no. 67 in2010.• Despite <strong>the</strong> fact that <strong>the</strong> existing use covers both 67 and 69 Newman Street, each siteoperates under separate <strong>planning</strong> permits.• The site is significantly excavated below <strong>the</strong> surface level <strong>of</strong> Newman Street. Thefinished ground level <strong>of</strong> <strong>the</strong> site is up to 9m below <strong>the</strong> ground level <strong>of</strong> Newman Streetand up to 11m below <strong>the</strong> ground level <strong>of</strong> <strong>the</strong> residential properties on <strong>the</strong> opposite sidePage 26

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011<strong>of</strong> Newman Street. The existing building is setback 5.5m to 30m from <strong>the</strong> NewmanStreet frontage.• Between <strong>the</strong> existing building and <strong>the</strong> Newman Street frontage is a common access,car parking and loading area. Beyond this area is a near vertical retaining wall whichrises up to <strong>the</strong> Newman Street frontage.• The site forms part <strong>of</strong> a pocket <strong>of</strong> commercial and industrial uses within <strong>the</strong> Industrial 3Zone and located on <strong>the</strong> south side <strong>of</strong> <strong>the</strong> Newman Street and <strong>the</strong> ei<strong>the</strong>r side <strong>of</strong> <strong>the</strong>larger part <strong>of</strong> Anderson Road.• Land on ei<strong>the</strong>r side <strong>of</strong> Newman Street both directly opposite and west <strong>of</strong> <strong>the</strong> site islocated within <strong>the</strong> Residential 1 Zone. This area comprises various single and doublestorey dwellings located up to 11m above <strong>the</strong> ground level <strong>of</strong> <strong>the</strong> subject site, setback5m to 12m from <strong>the</strong> Newman Street frontage and located 30m to 55m from <strong>the</strong> existingbuilding. The nearest residential property is located at 65 Newman Street, directlyadjacent <strong>the</strong> east boundary. The existing building is located approximately 15m from<strong>the</strong> common boundary separating <strong>the</strong> two sites.• Land directly south <strong>of</strong> <strong>the</strong> site is occupied by a significant car parking area associatedwith a Church fronting Normanby Avenue.PLANNING AND ENVIRONMENT ACTUnder Section 72 <strong>of</strong> <strong>the</strong> Act, a person who is entitled to use or develop land in accordancewith a permit may apply to <strong>the</strong> Responsible Authority for an amendment to <strong>the</strong> permit. Areference to a permit includes any plans, drawings or o<strong>the</strong>r documents approved under apermit.Subject to this section, Sections 47 to 62 apply to an application to <strong>the</strong> responsible authorityto amend a permit as if—a) The application were an application for a permit; andb) Any reference to a permit were a reference to <strong>the</strong> amendment to <strong>the</strong> permitPLANNING CONTROLSList all relevant <strong>planning</strong> scheme controlsState Planning Policy Framework: Supply <strong>of</strong> urban land (Clause 11.02-1); Noise and Air(Clause 13.04); Industry (Clause 17.02); Development contribution plans (Clause 19.03-1).Local Planning Policy Framework: Industrial and Commercial Activity (Clause 22.07).Zone: Industrial 3 Zone (Clause 33.03).Overlay: Development Contributions Plan (Clause 45.06).Particular Provisions: N/A.General Provisions: Decision Guidelines (Clause 65.01).Page 27

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011EXTERNAL REFERRALS• EPA: No response received.OBJECTIONSThe application received 18 objectionsObjections summarised• Noise from <strong>the</strong> extended hours <strong>of</strong> operation and <strong>the</strong> operation <strong>of</strong> <strong>the</strong> coolingequipment.• Principle <strong>of</strong> <strong>the</strong> use within <strong>the</strong> Industrial 3 Zone.• Noise from delivery trucks and breaches <strong>of</strong> <strong>the</strong> current delivery hours.• Reduction in property values.• A 24-hour use previously operated from <strong>the</strong> site, which had a negative impact on <strong>the</strong>area.• Additional rubbish collection.• Noise from staff departing <strong>the</strong> premises.Officer Comment on Summarised Objections• Noise from <strong>the</strong> extended hours <strong>of</strong> operation is discussed in <strong>the</strong> <strong>planning</strong> assessmentbelow. In regard to noise from existing plant and equipment, <strong>the</strong> applicant instigated anoise assessment in August 2010. The assessment revealed that <strong>the</strong> noise from <strong>the</strong>site was estimated to be 7db and 1db below <strong>the</strong> relevant daytime and night-time EPAnoise limits respectively.• The use <strong>of</strong> <strong>the</strong> site for <strong>the</strong> purpose <strong>of</strong> industry is generally compliant with <strong>the</strong> scope <strong>of</strong><strong>the</strong> Industrial 3 Zone. While <strong>the</strong> use <strong>of</strong> land between 5:00am and 11:00pm Monday toFriday and 7:00am to 7:00pm Saturday and Sunday would not be appropriate for moreintensive industrial uses and processes. In this case <strong>the</strong> use has a low level <strong>of</strong> noiseoutput, which combined with <strong>the</strong> existing conditions on <strong>the</strong> permit will ensure <strong>the</strong>re areno adverse impacts upon surrounding residential amenity.• Noise from vehicle movements is a relevant consideration for all <strong>planning</strong> applications<strong>of</strong> this type. In this case <strong>the</strong> management <strong>of</strong> this source <strong>of</strong> noise is currently dealt withunder Condition 22 <strong>of</strong> <strong>the</strong> permit which restricts deliveries to between 8:00am to6:00pm Monday to Friday. While <strong>the</strong> applicant has breached this condition on variousoccasions, <strong>the</strong> Council highlighted <strong>the</strong> need to meet <strong>the</strong>ir obligations and <strong>the</strong> applicanthas undertaken steps to ensure such beaches do not occur in <strong>the</strong> future. It is alsonoted that Condition 7 <strong>of</strong> <strong>the</strong> existing permit requires that <strong>the</strong> use <strong>of</strong> <strong>the</strong> site does notadversely affect <strong>the</strong> amenity <strong>of</strong> <strong>the</strong> neighbourhood through transport, storage, variousemissions etc. Condition 19 also requires <strong>the</strong> use to comply with <strong>the</strong> relevant EPA noisecontrols.• Fluctuations in property values are not a valid ground <strong>of</strong> objection.• There is no evidence or <strong>planning</strong> permit history to suggest that a 24-hour use haspreviously operated from ei<strong>the</strong>r 67 or 69 Newman Street.• Adequate car parking is provided on site and <strong>the</strong> applicant is required to maintain <strong>the</strong>mfor that purpose. It is not considered that <strong>the</strong> extended hours <strong>of</strong> use will lead to aPage 28

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011marked increase in demand for parking or lead to any overspill parking on NewmanStreet.• It is acknowledged that additional deliveries and pick ups from <strong>the</strong> site may arise as aresult <strong>of</strong> any increase in output. Any additional deliveries and pick must be conductedwithin <strong>the</strong> prescribed period (8:00am to 6:00pm Monday to Friday).• Noise from staff departing <strong>the</strong> premises at 11:00pm would likely be contained to carengines and doors closing. Provided cars are parked within <strong>the</strong> site (as required undercondition 7 <strong>of</strong> <strong>planning</strong> permit D315/2002), this is not considered an unreasonablelevel <strong>of</strong> noise. Nor would it be significantly different to <strong>the</strong> same or similar noise thatemanating from any residential area.PLANNING ASSESSMENTClause 22.07 and 33.03Planning permission is sought to extend <strong>the</strong> existing hours <strong>of</strong> operation from 5:00am to6:00pm Monday to Friday to 5:00am to 11:00pm Monday to Friday and 7:00am to 7:00pmSaturday and Sunday. The extended hours <strong>of</strong> operation result from increased demand for <strong>the</strong>product. The applicant estimates that over <strong>the</strong> next 12 to 18 months output will increase by upto 20%.The land is located within <strong>the</strong> Industrial 3 Zone. The purpose <strong>of</strong> <strong>the</strong> Industrial 3 Zone is to:implement <strong>the</strong> State Planning Policy Framework and <strong>the</strong> Local Planning Policy Framework,including <strong>the</strong> Municipal Strategic Statement and local <strong>planning</strong> policies; provide for industriesand associated uses in specific areas where special consideration <strong>of</strong> <strong>the</strong> nature and impacts<strong>of</strong> industrial uses is required or to avoid inter-industry conflict; provide a buffer between <strong>the</strong>Industrial 1 Zone or Industrial 2 Zone and local communities, which allows for industries andassociated uses compatible with <strong>the</strong> nearby community and; to ensure that uses do notaffect <strong>the</strong> safety and amenity <strong>of</strong> adjacent, more sensitive land uses.Under Clause 22.07 (Industrial and Commercial Activity) it is relevant to consider <strong>the</strong>following policy objectives: to encourage existing industry to improve it’s performanceincluding cleaning up and improving <strong>the</strong> appearance <strong>of</strong> existing buildings and reducing <strong>of</strong>fsiteimpacts; to minimise <strong>the</strong> impact on <strong>the</strong> amenity <strong>of</strong> surrounding residential areas fromtraffic, noise and emissions resulting from industrial land uses; to reduce and minimiseconflict between industrial and non-industrial land uses; to create and provide for a mix <strong>of</strong>local employment opportunities; to create a sustainable vibrant local economy providing avariety <strong>of</strong> both jobs and services and; to facilitate <strong>the</strong> transition <strong>of</strong> under-utilized sites andinappropriate industries to more suitable economic uses that provide choices in localemployment; to encourage environmentally sustainable development which utilises, wherepractical, best practice, energy efficiency, water reuse and recycling. It is policy that: <strong>the</strong> use<strong>of</strong> <strong>the</strong> land takes place in an orderly and proper manner with Council considering <strong>the</strong>following issues when assessing <strong>the</strong> impacts <strong>of</strong> land use: noise; emissions; hours <strong>of</strong>operation; <strong>the</strong> likely number <strong>of</strong> vehicle movements generated and <strong>the</strong> impact <strong>of</strong> this on <strong>the</strong>surrounding areas; <strong>the</strong> <strong>of</strong>f-site impacts <strong>of</strong> any use on surrounding areas, particularlyresidential areas and more sensitive land uses; land uses that generate a diversity <strong>of</strong>employment opportunities shall be encouraged; industries shall be encouraged to adopt bestpractices to minimise adverse <strong>of</strong>f site environmental impacts, including <strong>the</strong> use <strong>of</strong> <strong>the</strong>quietest and lowest emission, technologically advanced equipment and; land uses thatutilize environmentally sustainable and energy efficient practices, water reuse and recyclingwill be encouraged.Page 29

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011The existing manufacturing process undertaken at <strong>the</strong> site can be divided into two distinctphases within two areas <strong>of</strong> <strong>the</strong> two linked buildings. The first phase comprises <strong>the</strong>manufacture <strong>of</strong> <strong>the</strong> desert within <strong>the</strong> ground level <strong>of</strong> no. 69. It is evident from <strong>the</strong> site visitthat this phase <strong>of</strong> <strong>the</strong> process requires a limited number <strong>of</strong> staff and is a relatively quietprocess, certainly not significantly louder, if at all, than a domestic kitchen. Once complete<strong>the</strong> product is placed on a conveyor belt leading into no. 67 where <strong>the</strong> product is scanned,packed and stored.The second phase <strong>of</strong> <strong>the</strong> process involves <strong>the</strong> storage <strong>of</strong> <strong>the</strong> finished product at sub zerotemperatures within cool rooms located within no. 67. The cool rooms are currentlymaintained at a constant temperature 24 hours a day, including weekends. The 24 houroperation <strong>of</strong> <strong>the</strong> cool rooms will not be altered as a result <strong>of</strong> <strong>the</strong> proposed extended hours <strong>of</strong>operation.With <strong>the</strong> exception <strong>of</strong> intermittent noise from <strong>the</strong> loading and unloading <strong>of</strong> vehicles and <strong>the</strong>arrival and departure <strong>of</strong> staff, virtually all <strong>of</strong> <strong>the</strong> existing constant noise associated with <strong>the</strong>existing use emanates from <strong>the</strong> plant and equipment room, which maintains <strong>the</strong> constanttemperature within <strong>the</strong> cool rooms 24 hours a day including weekends. The applicantinstigated a noise assessment in August 2010, which revealed that <strong>the</strong> noise from <strong>the</strong> sitewas estimated to be 7db and 1db below <strong>the</strong> relevant daytime and night-time EPA noiselimits respectively.Given <strong>the</strong>re is no scope to extend <strong>the</strong> operation <strong>of</strong> <strong>the</strong> cool rooms and <strong>the</strong> associated plantand equipment, any increase in noise associated with <strong>the</strong> extend hours <strong>of</strong> operation isisolated to <strong>the</strong> manufacturing process. As has been observed on site, <strong>the</strong> manufacturingprocess is relatively quiet and <strong>the</strong>refore does not raise any concerns in regard to residentialamenity.However residents have pointed out that an increase in noise could arise from any additionaldeliveries to and from <strong>the</strong> site as a result <strong>of</strong> <strong>the</strong> increase in production. While it isacknowledged that noise from vehicle movements to and from <strong>the</strong> site is a concern, <strong>the</strong>reasonable management <strong>of</strong> this source <strong>of</strong> noise is currently dealt with under Condition 22 <strong>of</strong><strong>the</strong> permit which restricts deliveries to between 8:00am to 6:00pm Monday to Friday. It isalso noted that Condition 7 <strong>of</strong> <strong>the</strong> existing permit requires that <strong>the</strong> use <strong>of</strong> <strong>the</strong> site does notadversely affect <strong>the</strong> amenity <strong>of</strong> <strong>the</strong> neighbourhood through transport, storage, variousemissions etc. Condition 19 also requires <strong>the</strong> use to comply with <strong>the</strong> relevant EPA noisecontrols. Fur<strong>the</strong>rmore <strong>the</strong> applicant is encouraged to undertake routine noise checks and toadopt best practice measures, as outlined by <strong>the</strong> EPA.Council has received three (3) complaints since Exquisine commenced operating in 2002.Issues <strong>of</strong> noise from plant and equipment, operating hours and deliveries were raised.Council has responded to <strong>the</strong> complaints by reiterating to <strong>the</strong> applicant, <strong>the</strong> need to meet<strong>the</strong>ir obligations, particularly in relation to noise, hours <strong>of</strong> operation and delivery. It has alsobeen highlighted to <strong>the</strong> applicant that significant financial penalties could be incurred if <strong>the</strong>yoperate outside <strong>the</strong> scope <strong>of</strong> <strong>the</strong>ir <strong>planning</strong> permission. In response <strong>the</strong> applicant haspadlocked <strong>the</strong> bins to prevent <strong>the</strong> early (prior to 8:00am) collection <strong>of</strong> rubbish and advised<strong>the</strong>ir collection and delivery providers to adhere to <strong>the</strong> relevant timeframes outlined within<strong>the</strong> permit.Page 30

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011CONCLUSIONThe site visit revealed that <strong>the</strong> food production process is virtually inaudible. Fur<strong>the</strong>rmore <strong>the</strong>applicant undertook a noise assessment in 2010 which indicated that <strong>the</strong> noise from plantand equipment in operation was within <strong>the</strong> relevant daytime and night-time noise limits setby <strong>the</strong> EPA. The applicant is also encouraged to undertake routine noise checks and toadopt best practice measures, as outlined by <strong>the</strong> EPA. Based on <strong>the</strong> findings <strong>of</strong> this report<strong>the</strong> increase to <strong>the</strong> operating hours is deemed to be appropriate.POLICY IMPLICATIONSEnvironmental SustainabilityNil.Social Inclusion and DiversityNil.O<strong>the</strong>rNil.FINANCIAL AND RESOURCE IMPLICATIONSThere are no financial or resource implications as a result <strong>of</strong> <strong>the</strong> determination <strong>of</strong> thisapplication.FUTURE ACTIONSNil.DISCLOSURE OF INTERESTSSection 80C <strong>of</strong> <strong>the</strong> Local Government Act 1989 requires members <strong>of</strong> Council staff andpersons engaged under contract to provide advice to Council to disclose any direct orindirect interest in a matter to which <strong>the</strong> advice relates.The Manager authorising this report, having made enquiries with relevant members <strong>of</strong> staff,reports that no disclosable interests have been raised in relation to this report.RELATED DOCUMENTSDarebin Planning Scheme and <strong>the</strong> Planning and Environment Act (1987) as amended.Page 31

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011COMMITTEE DECISIONMOVED:SECONDED:Cr. T. LaurenceCr. G. GrecoTHAT <strong>the</strong> application be approved and a Notice <strong>of</strong> Decision to Amend a PlanningPermit be issued comprising <strong>the</strong> amendment <strong>of</strong> Condition 21 <strong>of</strong> Planning PermitD77/2003:Revised condition 21 to state:The use permitted by this permit must only operate between <strong>the</strong> hours <strong>of</strong> 5:00am and11:00pm Monday to Friday and 7:00am to 7:00pm Saturday and Sunday.Following conditions be added:1. Council organise an independent noise test at <strong>the</strong> site.2. Council organise an ongoing annual testing at <strong>the</strong> site.3. Nearby residents to be provided with results <strong>of</strong> testing.CARRIEDPage 32

PLANNING COMMITTEE MINUTES 24 OCTOBER 20115.4 APPLICATION FOR PLANNING PERMIT D/315/2002/A69 Newman Street, ThornburyAUTHOR:DIRECTOR:Principal Planner – Jolyon BoyleDirector City Works and Development – Michael BallockOWNER/APPLICANT/CONSULTANT:Applicant:David Rose69 Newman StreetTHORNBURY VIC 3071SUMMARY:• Planning permission is sought to extend <strong>the</strong> operating hours associated with anexisting food manufacturing business, known as ‘Exquisine’. The current hours <strong>of</strong> <strong>the</strong>operation permitted under condition 5 <strong>of</strong> <strong>the</strong> existing <strong>planning</strong> permit are between5:00am to 6:00pm Monday to Friday.• Planning permission is sought to extend <strong>the</strong> operating hours to between 5.00am to11.00pm Monday to Friday and 7:00am to 7:00pm Saturday and Sunday.• A restrictive covenant applies to <strong>the</strong> land and restricts <strong>the</strong> commercial gravel extraction.• Recommendation – Notice <strong>of</strong> Decision to Amend a Planning Permit.CONSULTATION:• Notice <strong>of</strong> <strong>the</strong> application was given by posting a sign on <strong>the</strong> land and mailing <strong>of</strong> noticesto affected properties.• 18 objections were received against <strong>the</strong> application.• A consultative <strong>meeting</strong> was <strong>held</strong> on site on 23 August 2011. The Council’s PrincipalPlanner Jolyon Boyle, Nigel Rose from Exquisine and nine (9) residents attended <strong>the</strong><strong>meeting</strong>. The <strong>meeting</strong> was arranged on site so all parties could get a betterunderstanding <strong>of</strong> <strong>the</strong> use and how it may impact <strong>the</strong> wider area, particularly in relationto noise. It was recommended at <strong>the</strong> commencement <strong>of</strong> <strong>the</strong> <strong>meeting</strong> that all partiestake a tour <strong>of</strong> <strong>the</strong> entire site and witness <strong>the</strong> manufacturing process in action. Thiswould have enabled residents to gain an accurate understanding <strong>of</strong> potential noiseimpacts and actually witness that <strong>the</strong> manufacturing process is quiet and would not beaudible from outside <strong>the</strong> property. Unfortunately 8 <strong>of</strong> 9 residents were not agreeable tothis arrangement.• The application was referred externally to <strong>the</strong> Environmental Protection Authority(EPA).Page 33

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011RECOMMENDATIONTHAT <strong>the</strong> application be approved and a Notice <strong>of</strong> Decision to Amend a PlanningPermit be issued comprising <strong>the</strong> amendment <strong>of</strong> Condition 5 <strong>of</strong> Planning PermitD315/2002:Revised condition 5 to state:The use permitted by this permit must only operate between <strong>the</strong> hours <strong>of</strong> 5:00am to11:00pm Monday to Friday and 7:00am to 7:00pm Saturday and Sunday.REPORTINTRODUCTION AND BACKGROUNDPlanning permit D315/2002 was granted on 16 September 2002 for buildings and worksincorporating a change <strong>of</strong> use from a warehouse to industry (food production) withassociated signage and parking provision.Planning permit D315/2002 was amended on 17 June 2010 to extend <strong>the</strong> operating hoursfrom 8:00am to 6:00pm Monday to Friday to 5:00am to 6:00pm Monday to Friday.As part <strong>of</strong> <strong>the</strong> application to amend approved on 17 June 2010 <strong>the</strong> Environment ProtectionAuthority (EPA) raised no objection and did not attach any fur<strong>the</strong>r conditions to <strong>the</strong> permit,noting that <strong>the</strong>re is an existing permit conditions requiring that noise from <strong>the</strong> premisecomply with <strong>the</strong> State Environment Protection Policy (Noise <strong>of</strong> Industry from Commence,Trade and Industry) No N-1 (<strong>the</strong> “SEPP”).The EPA has not provided a response to current application to extend <strong>the</strong> operating hours.ISSUES AND DISCUSSIONSubject site and surrounding area:• The site is located on <strong>the</strong> south side <strong>of</strong> Newman Street, Thornbury. The site isoccupied by a part single, part double storey building (plus mezzanine) comprising <strong>the</strong>packaging area, cool room storage and <strong>the</strong> principal plant and equipment room locatedat <strong>the</strong> very western end <strong>of</strong> <strong>the</strong> building at ground and first floor level.• The site is occupied by one <strong>of</strong> two linked buildings under <strong>the</strong> operation <strong>of</strong> <strong>the</strong> existingbusiness, Exquisine. Exquisine manufacture deserts (mousse, tiramisu and <strong>the</strong> like) forRed Rooster, Pizza Hut and Aldi amongst o<strong>the</strong>rs. Exquisine has operated from 69Newman Street since 2002 and expanded into <strong>the</strong> adjacent premises at no. 67 in 2010.• Despite <strong>the</strong> fact that <strong>the</strong> existing use covers both 67 and 69 Newman Street, each siteoperates under separate <strong>planning</strong> permits.• The site is significantly excavated below <strong>the</strong> surface level <strong>of</strong> Newman Street. Thefinished ground level <strong>of</strong> <strong>the</strong> site is up to 9m below <strong>the</strong> ground level <strong>of</strong> Newman Streetand up to 11m below <strong>the</strong> ground level <strong>of</strong> <strong>the</strong> residential properties on <strong>the</strong> opposite sidePage 34

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011<strong>of</strong> Newman Street. The existing building is setback 5.5m to 30m from <strong>the</strong> NewmanStreet frontage.• Between <strong>the</strong> existing building and <strong>the</strong> Newman Street frontage is a common access,car parking and loading area. Beyond this area is a near vertical retaining wall whichrises up to <strong>the</strong> Newman Street frontage.• The site forms part <strong>of</strong> a pocket <strong>of</strong> commercial and industrial uses within <strong>the</strong> Industrial 3Zone and located on <strong>the</strong> south side <strong>of</strong> <strong>the</strong> Newman Street and <strong>the</strong> ei<strong>the</strong>r side <strong>of</strong> <strong>the</strong>larger part <strong>of</strong> Anderson Road.• Land on ei<strong>the</strong>r side <strong>of</strong> Newman Street both directly opposite and west <strong>of</strong> <strong>the</strong> site islocated within <strong>the</strong> Residential 1 Zone. This area comprises various single and doublestorey dwellings located up to 11m above <strong>the</strong> ground level <strong>of</strong> <strong>the</strong> subject site, setback5m to 12m from <strong>the</strong> Newman Street frontage and located 30m to 55m from <strong>the</strong> existingbuilding. The nearest residential property is located at 65 Newman Street, directlyadjacent <strong>the</strong> east boundary. The existing building is located approximately 15m from<strong>the</strong> common boundary separating <strong>the</strong> two sites.• Land directly south <strong>of</strong> <strong>the</strong> site is occupied by a significant car parking area associatedwith a Church fronting Normanby Avenue.PLANNING AND ENVIRONMENT ACTUnder Section 72 <strong>of</strong> <strong>the</strong> Act, a person who is entitled to use or develop land in accordancewith a permit may apply to <strong>the</strong> Responsible Authority for an amendment to <strong>the</strong> permit. Areference to a permit includes any plans, drawings or o<strong>the</strong>r documents approved under apermit.Subject to this section, sections 47 to 62 apply to an application to <strong>the</strong> responsible authorityto amend a permit as if—a) The application were an application for a permit; andb) Any reference to a permit were a reference to <strong>the</strong> amendment to <strong>the</strong> permitPLANNING CONTROLSList all relevant <strong>planning</strong> scheme controlsState Planning Policy Framework: Supply <strong>of</strong> urban land (Clause 11.02-1); Noise and Air(Clause 13.04); Industry (Clause 17.02); Development contribution plans (Clause 19.03-1)Local Planning Policy Framework: Industrial and Commercial Activity (Clause 22.07)Zone: Industrial 3 Zone (Clause 33.03)Overlay: Development Contributions Plan (Clause 45.06)Particular Provisions: N/AGeneral Provisions: Decision Guidelines (Clause 65.01)EXTERNAL REFERRALS• EPA: No response received.Page 35

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011OBJECTIONSThe application received 18 objections.Objections summarised• Noise from <strong>the</strong> extended hours <strong>of</strong> operation and <strong>the</strong> operation <strong>of</strong> <strong>the</strong> coolingequipment.• Principle <strong>of</strong> <strong>the</strong> use within <strong>the</strong> Industrial 3 Zone.• Noise from delivery trucks and breaches <strong>of</strong> <strong>the</strong> current delivery hours.• Reduction in property values.• A 24-hour use previously operated from <strong>the</strong> site, which had a negative impact on <strong>the</strong>area.• Additional rubbish collection.• Noise from staff departing <strong>the</strong> premises.Officer Comment on Summarised Objections• Noise from <strong>the</strong> extended hours <strong>of</strong> operation is discussed in <strong>the</strong> <strong>planning</strong> assessmentbelow. In regard to noise from existing plant and equipment, <strong>the</strong> applicant instigated anoise assessment in August 2010. The assessment revealed that <strong>the</strong> noise from <strong>the</strong>site was estimated to be 7db and 1db below <strong>the</strong> relevant daytime and night-time EPAnoise limits respectively.• The use <strong>of</strong> <strong>the</strong> site for <strong>the</strong> purpose <strong>of</strong> industry is generally compliant with <strong>the</strong> scope <strong>of</strong><strong>the</strong> Industrial 3 Zone. While <strong>the</strong> use <strong>of</strong> land between 5:00am and 11:00pm Monday toFriday and 7:00am to 7:00pm Saturday and Sunday would not be appropriate for moreintensive industrial uses and processes. In this case <strong>the</strong> use has a low level <strong>of</strong> noiseoutput, which combined with <strong>the</strong> existing conditions on <strong>the</strong> permit will ensure <strong>the</strong>re areno adverse impacts upon surrounding residential amenity.• Noise from vehicle movements is a relevant consideration for all <strong>planning</strong> applications<strong>of</strong> this type. In this case <strong>the</strong> management <strong>of</strong> this source <strong>of</strong> noise is currently dealt withunder Condition 22 <strong>of</strong> <strong>the</strong> permit which restricts deliveries to between 8:00am to6:00pm Monday to Friday. While <strong>the</strong> applicant has breached this condition on variousoccasions, <strong>the</strong> Council highlighted <strong>the</strong> need to meet <strong>the</strong>ir obligations and <strong>the</strong> applicanthas undertaken steps to ensure such beaches do not occur in <strong>the</strong> future. It is alsonoted that condition 7 <strong>of</strong> <strong>the</strong> existing permit requires that <strong>the</strong> use <strong>of</strong> <strong>the</strong> site does notadversely affect <strong>the</strong> amenity <strong>of</strong> <strong>the</strong> neighbourhood through transport, storage, variousemissions etc. Condition 19 also requires <strong>the</strong> use to comply with <strong>the</strong> relevant EPA noisecontrols.• Fluctuations in property values are not a valid ground <strong>of</strong> objection.• There is no evidence or <strong>planning</strong> permit history to suggest that a 24-hour use haspreviously operated from ei<strong>the</strong>r 67 or 69 Newman Street.• Adequate car parking is provided on site and <strong>the</strong> applicant is required to maintain <strong>the</strong>mfor that purpose. It is not considered that <strong>the</strong> extended hours <strong>of</strong> use will lead to amarked increase in demand for parking or lead to any overspill parking on NewmanStreet.Page 36

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• It is acknowledged that additional deliveries and pick ups from <strong>the</strong> site may arise as aresult <strong>of</strong> any increase in output. Any additional deliveries and pick must be conductedwithin <strong>the</strong> prescribed period (8:00am to 6:00pm Monday to Friday).• Noise from staff departing <strong>the</strong> premises at 11:00pm would likely be contained to carengines and doors closing. Provided cars are parked within <strong>the</strong> site (as required underCondition 7 <strong>of</strong> <strong>planning</strong> permit D315/2002), this is not considered an unreasonablelevel <strong>of</strong> noise. Nor would it be significantly different to <strong>the</strong> same or similar noise thatemanating from any residential area.PLANNING ASSESSMENTClause 22.07 and 33.03Planning permission is sought to extend <strong>the</strong> existing hours <strong>of</strong> operation from 5:00am to6:00pm Monday to Friday to 5:00am to 11:00pm Monday to Friday and 7:00am to 7:00pmSaturday and Sunday. The extended hours <strong>of</strong> operation result from increased demand for <strong>the</strong>product. The applicant estimates that over <strong>the</strong> next 12 to 18 months output will increase by upto 20%.The land is located within <strong>the</strong> Industrial 3 Zone. The purpose <strong>of</strong> <strong>the</strong> Industrial 3 Zone is to:implement <strong>the</strong> State Planning Policy Framework and <strong>the</strong> Local Planning Policy Framework,including <strong>the</strong> Municipal Strategic Statement and local <strong>planning</strong> policies; provide for industriesand associated uses in specific areas where special consideration <strong>of</strong> <strong>the</strong> nature and impacts<strong>of</strong> industrial uses is required or to avoid inter-industry conflict; provide a buffer between <strong>the</strong>Industrial 1 Zone or Industrial 2 Zone and local communities, which allows for industries andassociated uses compatible with <strong>the</strong> nearby community and; to ensure that uses do notaffect <strong>the</strong> safety and amenity <strong>of</strong> adjacent, more sensitive land uses.Under Clause 22.07 (Industrial and Commercial Activity) it is relevant to consider <strong>the</strong>following policy objectives: to encourage existing industry to improve it’s performanceincluding cleaning up and improving <strong>the</strong> appearance <strong>of</strong> existing buildings and reducing <strong>of</strong>fsiteimpacts; to minimise <strong>the</strong> impact on <strong>the</strong> amenity <strong>of</strong> surrounding residential areas fromtraffic, noise and emissions resulting from industrial land uses; to reduce and minimiseconflict between industrial and non-industrial land uses; to create and provide for a mix <strong>of</strong>local employment opportunities; to create a sustainable vibrant local economy providing avariety <strong>of</strong> both jobs and services and; to facilitate <strong>the</strong> transition <strong>of</strong> under-utilized sites andinappropriate industries to more suitable economic uses that provide choices in localemployment; to encourage environmentally sustainable development which utilises, wherepractical, best practice, energy efficiency, water reuse and recycling. It is policy that: <strong>the</strong> use<strong>of</strong> <strong>the</strong> land takes place in an orderly and proper manner with Council considering <strong>the</strong>following issues when assessing <strong>the</strong> impacts <strong>of</strong> land use: noise; emissions; hours <strong>of</strong>operation; <strong>the</strong> likely number <strong>of</strong> vehicle movements generated and <strong>the</strong> impact <strong>of</strong> this on <strong>the</strong>surrounding areas; <strong>the</strong> <strong>of</strong>f-site impacts <strong>of</strong> any use on surrounding areas, particularlyresidential areas and more sensitive land uses; land uses that generate a diversity <strong>of</strong>employment opportunities shall be encouraged; industries shall be encouraged to adopt bestpractices to minimise adverse <strong>of</strong>f site environmental impacts, including <strong>the</strong> use <strong>of</strong> <strong>the</strong>quietest and lowest emission, technologically advanced equipment and; land uses thatutilize environmentally sustainable and energy efficient practices, water reuse and recyclingwill be encouraged.Page 37

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011The existing manufacturing process undertaken at <strong>the</strong> site can be divided into two distinctphases within two areas <strong>of</strong> <strong>the</strong> two linked buildings. The first phase comprises <strong>the</strong>manufacture <strong>of</strong> <strong>the</strong> desert within <strong>the</strong> ground level <strong>of</strong> no. 69. It is evident from <strong>the</strong> site visitthat this phase <strong>of</strong> <strong>the</strong> process requires a limited number <strong>of</strong> staff and is a relatively quietprocess, certainly not significantly louder, if at all, than a domestic kitchen. Once complete<strong>the</strong> product is placed on a conveyor belt leading into no. 67 where <strong>the</strong> product is scanned,packed and stored.The second phase <strong>of</strong> <strong>the</strong> process involves <strong>the</strong> storage <strong>of</strong> <strong>the</strong> finished product at sub zerotemperatures within cool rooms located within No. 67. The cool rooms are currentlymaintained at a constant temperature 24 hours a day, including weekends. The 24 houroperation <strong>of</strong> <strong>the</strong> cool rooms will not be altered as a result <strong>of</strong> <strong>the</strong> proposed extended hours <strong>of</strong>operation.With <strong>the</strong> exception <strong>of</strong> intermittent noise from <strong>the</strong> loading and unloading <strong>of</strong> vehicles and <strong>the</strong>arrival and departure <strong>of</strong> staff, virtually all <strong>of</strong> <strong>the</strong> existing constant noise associated with <strong>the</strong>existing use emanates from <strong>the</strong> plant and equipment room, which maintains <strong>the</strong> constanttemperature within <strong>the</strong> cool rooms 24 hours a day including weekends. The applicantinstigated a noise assessment in August 2010, which revealed that <strong>the</strong> noise from <strong>the</strong> sitewas estimated to be 7db and 1db below <strong>the</strong> relevant daytime and night-time EPA noiselimits respectively.Given <strong>the</strong>re is no scope to extend <strong>the</strong> operation <strong>of</strong> <strong>the</strong> cool rooms and <strong>the</strong> associated plantand equipment, any increase in noise associated with <strong>the</strong> extend hours <strong>of</strong> operation isisolated to <strong>the</strong> manufacturing process. As has been observed on site, <strong>the</strong> manufacturingprocess is relatively quiet and <strong>the</strong>refore does not raise any concerns in regard to residentialamenity.However residents have pointed out that an increase in noise could arise from any additionaldeliveries to and from <strong>the</strong> site as a result <strong>of</strong> <strong>the</strong> increase in production. While it isacknowledged that noise from vehicle movements to and from <strong>the</strong> site is a concern, <strong>the</strong>reasonable management <strong>of</strong> this source <strong>of</strong> noise is currently dealt with under Condition 22 <strong>of</strong><strong>the</strong> permit which restricts deliveries to between 8:00am to 6:00pm Monday to Friday. It isalso noted that Condition 7 <strong>of</strong> <strong>the</strong> existing permit requires that <strong>the</strong> use <strong>of</strong> <strong>the</strong> site does notadversely affect <strong>the</strong> amenity <strong>of</strong> <strong>the</strong> neighbourhood through transport, storage, variousemissions etc. Condition 19 also requires <strong>the</strong> use to comply with <strong>the</strong> relevant EPA noisecontrols. Fur<strong>the</strong>rmore <strong>the</strong> applicant is encouraged to undertake routine noise checks and toadopt best practice measures, as outlined by <strong>the</strong> EPA.Council has received three (3) complaints since Exquisine commenced operating in 2002.Issues <strong>of</strong> noise from plant and equipment, operating hours and deliveries were raised.Council has responded to <strong>the</strong> complaints by reiterating to <strong>the</strong> applicant, <strong>the</strong> need to meet<strong>the</strong>ir obligations, particularly in relation to noise, hours <strong>of</strong> operation and delivery. It has alsobeen highlighted to <strong>the</strong> applicant that significant financial penalties could be incurred if <strong>the</strong>yoperate outside <strong>the</strong> scope <strong>of</strong> <strong>the</strong>ir <strong>planning</strong> permission. In response <strong>the</strong> applicant haspadlocked <strong>the</strong> bins to prevent <strong>the</strong> early (prior to 8:00am) collection <strong>of</strong> rubbish and advised<strong>the</strong>ir collection and delivery providers to adhere to <strong>the</strong> relevant timeframes outlined within<strong>the</strong> permit.CONCLUSIONThe site visit revealed that <strong>the</strong> food production process is virtually inaudible. Fur<strong>the</strong>rmore <strong>the</strong>applicant undertook a noise assessment in 2010 which indicated that <strong>the</strong> noise from plantPage 38

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011and equipment in operation was within <strong>the</strong> relevant daytime and night-time noise limits setby <strong>the</strong> EPA. The applicant is also encouraged to undertake routine noise checks and toadopt best practice measures, as outlined by <strong>the</strong> EPA. Based on <strong>the</strong> findings <strong>of</strong> this report<strong>the</strong> increase to <strong>the</strong> operating hours is deemed to be appropriate.POLICY IMPLICATIONSEnvironmental SustainabilityNil.Social Inclusion and DiversityNil.O<strong>the</strong>rNil.FINANCIAL AND RESOURCE IMPLICATIONSThere are no financial or resource implications as a result <strong>of</strong> <strong>the</strong> determination <strong>of</strong> thisapplication.FUTURE ACTIONSNilDISCLOSURE OF INTERESTSSection 80C <strong>of</strong> <strong>the</strong> Local Government Act 1989 requires members <strong>of</strong> Council staff andpersons engaged under contract to provide advice to Council to disclose any direct orindirect interest in a matter to which <strong>the</strong> advice relates.The Manager authorising this report, having made enquiries with relevant members <strong>of</strong> staff,reports that no disclosable interests have been raised in relation to this report.RELATED DOCUMENTSDarebin Planning Scheme and <strong>the</strong> Planning and Environment Act (1987) as amended.Page 39

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011COMMITTEE DECISIONMOVED:SECONDED:Cr. T. LaurenceCr. G. GrecoTHAT <strong>the</strong> application be approved and a Notice <strong>of</strong> Decision to Amend a PlanningPermit be issed comprising <strong>the</strong> amendment <strong>of</strong> Condition 21 <strong>of</strong> Planning PermitD315/2002:Revised condition 5 to state:The use permitted by this permit must only operate between <strong>the</strong> hours <strong>of</strong> 5:00amto 11:00pm Monday to Friday and 7:00am to 7:00pm Saturday and Sunday.Following conditions be added:1. Council organise an independent noise test at <strong>the</strong> site.2. Council organise an ongoing annual testing at <strong>the</strong> site.3. Nearby residents to be provided with results <strong>of</strong> testing.CARRIEDPage 40

PLANNING COMMITTEE MINUTES 24 OCTOBER 20115.5 APPLICATION FOR PLANNING PERMIT D/348/20112 Walter Street PrestonAUTHOR:DIRECTOR:Urban Planner – Jacquie PayneDirector City Works and Development – Michael BallockOWNER/APPLICANT/CONSULTANT:Applicant:Owner:Destination CadPO Box 8187NORTHLAND CENTRE VIC 3072John Giapountzidis and Tina Giapountzidis33 Gladstone AveNORTHCOTE VIC 3070SUMMARY:• The proposal is for a medium density housing development comprising <strong>the</strong>construction <strong>of</strong> three (3) double storey dwellings. Dwelling 1 will have two (2)bedrooms and a study alcove, with 37m 2 <strong>of</strong> secluded private open space and a frontyard area and a car space. Dwelling 2 will have one (1) bedroom, with a garage and25m 2 <strong>of</strong> secluded private open space. Dwelling 3 will have two (2) bedrooms, a singlegarage and 43m 2 <strong>of</strong> secluded private open space.• There is no restrictive covenant registered on <strong>the</strong> Certificate <strong>of</strong> Title.• Recommendation – Notice <strong>of</strong> Decision to Grant a Planning Permit subject toconditions.CONSULTATION:• Letters were sent to adjoining and surrounding owners and occupiers.• A sign was erected on <strong>the</strong> site.• 14 objections have been received.• No consultation <strong>meeting</strong> was <strong>held</strong>.• The application has been referred internally to <strong>the</strong> following Council Units:- Capital Works Unit;- Transport Management and Planning Unit;- Parks and Gardens UnitPage 41

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011RECOMMENDATIONTHAT Planning Permit Application D/348/2011 be approved and a Notice <strong>of</strong> Decision toGrant a Permit be issued subject to <strong>the</strong> following conditions:1. Before <strong>the</strong> development starts, amended plans to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> ResponsibleAuthority must be submitted to, and approved by, <strong>the</strong> Responsible Authority. Theplans must be drawn to scale with dimensions and must be generally in accordancewith <strong>the</strong> plans submitted with <strong>the</strong> application (identified as drawing numbers 3 and 4dated 19/07/11, prepared by Destination CAD and received by Council on <strong>the</strong> 5 August2011, Landscape Plan, dated 11 May 2011 and received by Council on <strong>the</strong> 5 August2011 and External Material and Colour Schedule received by Council on <strong>the</strong> 19 May2011) but modified to show:a) Provision <strong>of</strong> swept path diagrams demonstrating convenient and efficient accessto <strong>the</strong> garages <strong>of</strong> Dwellings two (2) and three (3).b) The notation associated with all upper level habitable room windows along <strong>the</strong>western, eastern and nor<strong>the</strong>rn elevation <strong>of</strong> <strong>the</strong> dwellings, reworded to include <strong>the</strong>following, ‘fixed, obscure glazing in any part <strong>of</strong> <strong>the</strong> window below 1.7 metresabove floor level’.c) A notation on <strong>the</strong> plans indicating that <strong>the</strong> study to Dwelling 1 is to be open to <strong>the</strong>adjacent corridor and is not to be used as a bedroom. The size <strong>of</strong> <strong>the</strong> study mustbe reduced to a maximum size <strong>of</strong> 2 metres long by 2 metres wide.d) The provision <strong>of</strong> lighting along <strong>the</strong> pedestrian path and around <strong>the</strong> accesswaysadjoining <strong>the</strong> Right-Of-Way.e) The internal dimension between <strong>the</strong> walls <strong>of</strong> <strong>the</strong> garages <strong>of</strong> Dwellings two (2)and three (3) to be reduced to a maximum width <strong>of</strong> 3.5 metres.f) The location <strong>of</strong> all plant and equipment (including air conditioners and <strong>the</strong> like).These are to be co-located where possible, screened to as not to be visible from<strong>the</strong> public realm and adjacent properties, located as far as practicable from siteboundaries, baffled to prevent noise transmission to adjacent properties andintegrated into <strong>the</strong> design <strong>of</strong> <strong>the</strong> building.g) A revised Landscape Plan in accordance with Condition No.5 <strong>of</strong> this Permit andincluding <strong>the</strong> provision <strong>of</strong> a minimum <strong>of</strong> 3 suitable low to medium sized canopytrees.h) The provision <strong>of</strong> an external retractable shading device/blind over <strong>the</strong> upper levelnorth facing master bedroom window <strong>of</strong> Dwelling two (2).i) The finished floor levels shown to Australian Height Datum (AHD).j) The height <strong>of</strong> <strong>the</strong> internal dividing structure between <strong>the</strong> secluded private openspace <strong>of</strong> Dwellings one (1) and two (2).k) The fence between <strong>the</strong> secluded private open space <strong>of</strong> Dwelling one (1) and <strong>the</strong>car space <strong>of</strong> Dwelling one (1) relocated to <strong>the</strong> south east corner <strong>of</strong> <strong>the</strong> sou<strong>the</strong>rnmost sliding door adjoining <strong>the</strong> living area <strong>of</strong> Dwelling 1. The length <strong>of</strong> <strong>the</strong> carspace must be increased to abut this fence.When approved, <strong>the</strong> plans will be endorsed and form part <strong>of</strong> this Permit.Page 42

PLANNING COMMITTEE MINUTES 24 OCTOBER 20112. The development as shown on <strong>the</strong> endorsed plans must not be altered without <strong>the</strong>prior written consent <strong>of</strong> <strong>the</strong> Responsible Authority.3. This Permit will expire if ei<strong>the</strong>r:a) The development does not start within three (3) years from <strong>the</strong> date <strong>of</strong> thisPermit; orb) The development is not completed within five (5) years <strong>of</strong> <strong>the</strong> date <strong>of</strong> this Permit.The Responsible Authority may extend <strong>the</strong> times referred to if a request is made inwriting before this Permit expires or within three (3) months after <strong>the</strong> expiry date.4. Prior to <strong>the</strong> issue <strong>of</strong> a building permit for any building or any works authorised by thispermit, a development levy must be paid to Darebin City Council. The amount <strong>of</strong> <strong>the</strong>development levy for each charge unit must be calculated in accordance with Schedule1 to <strong>the</strong> Development Contribution Plan Overlay.5. Before buildings and works start, a detailed Landscape Plan to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority must be submitted to, and approved by <strong>the</strong> ResponsibleAuthority. When <strong>the</strong> Landscape Plan is approved, it will be endorsed and will <strong>the</strong>nform part <strong>of</strong> this Permit. The Landscape Plan must be prepared by a suitably qualifiedperson and must incorporate:a) The provision <strong>of</strong> a minimum <strong>of</strong> three (3) suitable low to medium sized canopytreesb) Details <strong>of</strong> all existing trees to be retained and all existing trees to be removed,including overhanging trees on adjoining properties. The genus, species, heightand spread <strong>of</strong> all trees must be specifiedc) A planting schedule <strong>of</strong> proposed vegetation detailing <strong>the</strong> botanical name,common name, size at maturity and quantities <strong>of</strong> all plantsd) Details <strong>of</strong> all surfaces including lawns, mulched garden beds and hard paving(such as asphalt, concrete, brick or gravel)e) Street trees within <strong>the</strong> nature strip/s adjacent to <strong>the</strong> propertyf) All constructed items including retaining walls, letter boxes, garbage binreceptacles, outdoor furniture, lighting, clo<strong>the</strong>slines etcg) Edge treatment between grass (lawn) and garden bedsh) An outline <strong>of</strong> <strong>the</strong> approved building/s including any basement, <strong>the</strong> location <strong>of</strong>entry doors, windows, gates and fences. An outline <strong>of</strong> buildings on adjoiningland, including <strong>the</strong> location <strong>of</strong> windows and doors which face <strong>the</strong> subject sitemust also be showni) The location <strong>of</strong> both existing and proposed overhead and underground services.Conflicts <strong>of</strong> such services with <strong>the</strong> existing and proposed planting must beavoidedj) Clear graphics identifying trees (deciduous and evergreen), shrubs,groundcovers and climbersk) A scale, North Point and appropriate legendThe species <strong>of</strong> all proposed plants selected must be to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority.6. The landscaping as shown on <strong>the</strong> endorsed Landscape Plan must be completed to <strong>the</strong>satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority before <strong>the</strong> development is occupied and/orPage 43

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011<strong>the</strong> use starts or at such later date as is approved by <strong>the</strong> Responsible Authority inwriting.No later than seven (7) days after <strong>the</strong> completion <strong>of</strong> <strong>the</strong> landscaping, <strong>the</strong> permit holdermust advise Council, in writing, that <strong>the</strong> landscaping has been completed.7. The landscaping as shown on <strong>the</strong> endorsed Landscape Plan must be maintained, andany dead, diseased or damaged plant replaced in accordance with <strong>the</strong> endorsedLandscape Plan to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.8. Floor levels shown on <strong>the</strong> endorsed plans must be confirmed. The confirmation <strong>of</strong> <strong>the</strong>ground floor level must take place no later than at <strong>the</strong> time <strong>of</strong> <strong>the</strong> inspection <strong>of</strong> <strong>the</strong>subfloor <strong>of</strong> <strong>the</strong> development required under <strong>the</strong> Building Act 1993 and <strong>the</strong> BuildingRegulations 2006. This confirmation must be in <strong>the</strong> form <strong>of</strong> a report from a licensedland surveyor and must be submitted to <strong>the</strong> Responsible Authority no later than 7 daysfrom <strong>the</strong> date <strong>of</strong> <strong>the</strong> sub-floor inspection. The upper floor levels must be confirmedbefore a Certificate <strong>of</strong> Occupancy is issued, by a report from a licensed land surveyorsubmitted to <strong>the</strong> Responsible Authority.9. All dwellings that share dividing walls and floors must be constructed to limit noisetransmission to 45 STC (Sound Transmission Class) in accordance with Part F(5) <strong>of</strong><strong>the</strong> building Code <strong>of</strong> Australia.10. Before <strong>the</strong> dwellings are occupied, an automatic external lighting system capable <strong>of</strong>illuminating <strong>the</strong> entry to each unit, access to each garage and car parking space andall pedestrian walkways must be provided on <strong>the</strong> land to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority.The external lighting must be designed, baffled and/or located to ensure that no loss <strong>of</strong>amenity is caused to adjoining and nearby land, to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> ResponsibleAuthority.11. Boundary walls facing adjoining properties must be cleaned and finished to <strong>the</strong>satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.12. The land must be drained to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.13. With <strong>the</strong> exception <strong>of</strong> guttering, rainheads and downpipes, all pipes, fixtures, fittingsand vents servicing any building on <strong>the</strong> land must be concealed in service ducts oro<strong>the</strong>rwise hidden from view to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.14. No plant, equipment, services or architectural features o<strong>the</strong>r than those shown on <strong>the</strong>endorsed plans are permitted above <strong>the</strong> ro<strong>of</strong> level <strong>of</strong> <strong>the</strong> building/s without <strong>the</strong> priorwritten consent <strong>of</strong> <strong>the</strong> Responsible Authority.15. Provision must be made on <strong>the</strong> land for letter boxes and receptacles for newspapers to<strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.16. Before occupation <strong>of</strong> <strong>the</strong> development, areas set aside for <strong>the</strong> parking <strong>of</strong> vehicles andaccess lanes as shown on <strong>the</strong> endorsed plan(s) must be:a) Constructed;b) Properly formed to such levels that <strong>the</strong>y can be used in accordance with <strong>the</strong>plans;c) Surfaced; andd) Drainedto <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.Car spaces, access lanes and driveways shown on <strong>the</strong> endorsed plans must not beused for any o<strong>the</strong>r purpose.Page 44

PLANNING COMMITTEE MINUTES 24 OCTOBER 201117. Before <strong>the</strong> development is occupied, vehicular crossing(s) must be constructed to alignwith approved driveways to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority. All redundantcrossing(s) or crossing opening(s) must be removed and replaced with footpath,naturestrip and kerb and channel to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.REPORTINTRODUCTION AND BACKGROUNDThere is no relevant <strong>planning</strong> permit history for <strong>the</strong> subject site on Council’s records.ISSUES AND DISCUSSIONSubject site and surrounding area• The site is irregular in shape, with a frontage <strong>of</strong> 13.1m, a depth <strong>of</strong> 35.78m and anoverall site area <strong>of</strong> 468.06m 2 .• The site is located in <strong>the</strong> Residential 1 Zone and is affected by <strong>the</strong> DevelopmentContributions Plan Overlay – Schedule 1.• The site is located on <strong>the</strong> nor<strong>the</strong>rn side <strong>of</strong> Walter Street at <strong>the</strong> eastern end <strong>of</strong> <strong>the</strong>street. The street terminates at this point with a ROW abutting <strong>the</strong> subject siteseastern boundary.• The site is occupied by a single storey, rendered dwelling with secluded private openspace to <strong>the</strong> rear (north). It has vehicle access to <strong>the</strong> rear, via a right <strong>of</strong> way along <strong>the</strong>eastern boundary.• To <strong>the</strong> north <strong>of</strong> <strong>the</strong> site are <strong>the</strong> rear yards <strong>of</strong> dwellings fronting Wood Street. The siteto <strong>the</strong> immediate north contains a single storey dwelling with some outbuildingsconstructed to <strong>the</strong> common boundary. To <strong>the</strong> east <strong>of</strong> <strong>the</strong> site are <strong>the</strong> rear yards <strong>of</strong> lotsfronting Morgan Street, while to <strong>the</strong> south east <strong>of</strong> <strong>the</strong> site is a development <strong>of</strong> two (2)attached double storey dwellings. To <strong>the</strong> south <strong>of</strong> <strong>the</strong> subject site, on <strong>the</strong> opposite side<strong>of</strong> street, are a number <strong>of</strong> single storey brick and wea<strong>the</strong>rboard dwellings. To <strong>the</strong> east,beyond <strong>the</strong> right <strong>of</strong> way, are <strong>the</strong> rear yards and garages <strong>of</strong> dwellings fronting MorganStreet. It is noteworthy that to <strong>the</strong> south-east are two (2) double storey dwellingsconstructed in <strong>the</strong> rear yard areas <strong>of</strong> some <strong>of</strong> <strong>the</strong>se allotments. To <strong>the</strong> west <strong>of</strong> <strong>the</strong> siteis a single storey brick dwelling with a pitched and hipped tile ro<strong>of</strong>. This dwelling is setback 4.9m from <strong>the</strong> street frontage and 978mm to 1694mm from <strong>the</strong> commonboundary.• The site is 500m to <strong>the</strong> west <strong>of</strong> Plenty Road and <strong>the</strong> tramline. It is approximately 700mto <strong>the</strong> north east <strong>of</strong> Preston Railway Station and market. High Street activity spine andbus routes are approximately 250m to <strong>the</strong> west.Proposal• The proposal is for a medium density housing development comprising <strong>the</strong>construction <strong>of</strong> three (3) double storey dwellings.• Dwelling 1 will be located to <strong>the</strong> front <strong>of</strong> <strong>the</strong> site, with <strong>the</strong> ground floor having an openplan kitchen/living area. The upper floor is to have two (2) bedrooms and a study withtoilet and bathroom facilities. There is to be a single car space to <strong>the</strong> street frontage,accessed via a proposed crossover to <strong>the</strong> east boundary. There is to be secludedPage 45

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011private open space <strong>of</strong> 37.36m to <strong>the</strong> east side, with additional open space to <strong>the</strong> front<strong>of</strong> <strong>the</strong> site <strong>of</strong> approximately 38m 2 .• Dwelling 2 is to <strong>the</strong> centre <strong>of</strong> <strong>the</strong> site. It is to have an open plan kitchen//living area atground level. The first floor level is to have one (1) bedroom and a bathroom. It is tohave a single garage accessed via <strong>the</strong> right <strong>of</strong> way to <strong>the</strong> east. Secluded private openspace is to be at ground level, to <strong>the</strong> east, with an area <strong>of</strong> 25.13m 2 .• Dwelling 3 is to <strong>the</strong> rear and will have an open plan kitchen/meals/living area at groundlevel and two (2) bedrooms at first floor level. It is to have a single garage accessed via<strong>the</strong> right <strong>of</strong> way along <strong>the</strong> east boundary. Private open space <strong>of</strong> 53m 2 exists <strong>of</strong> which31sqm is deemed to be secluded to be to north-west <strong>of</strong> <strong>the</strong> site, with an additionalservice area to <strong>the</strong> east <strong>of</strong> 8.8m 2 .• Pedestrian access is to be provided to Dwellings 2 and 3 via a dedicated pedestrianwalkway along <strong>the</strong> west boundary.• The maximum height <strong>of</strong> <strong>the</strong> development is 7.409 to <strong>the</strong> ridge <strong>of</strong> <strong>the</strong> ro<strong>of</strong>.• The proposed dwellings are to be brick at ground floor level, lightweight render andwea<strong>the</strong>rboard at first floor level and tiled ro<strong>of</strong>s.OBJECTIONS• 14 objections have been received.NOTE: An objection was received in Vietnamese with an attachment in English. A crosscheck <strong>of</strong> <strong>the</strong> Vietnamese with <strong>the</strong> English translation confirms that both correlate.Objections summarised• It will be <strong>the</strong> only medium density development on <strong>the</strong> street.• The only double storey development on <strong>the</strong> street.• Increased traffic congestion and traffic along <strong>the</strong> right <strong>of</strong> way.• Increased parking congestion.• Changes to <strong>the</strong> character <strong>of</strong> Walter Street.• Reduction in property values.• Precedent for inappropriate development.• Invasion <strong>of</strong> privacy.• Blocking sunlight.• Increased noise.• High density development.• Traffic safety.• Visual bulk and loss <strong>of</strong> outlook.• Contrary to objectives <strong>of</strong> clause 55.• Inadequate front setback.• Excessive height.Page 46

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• Increased stress on infrastructure.Officer comment on summarised objections• Although <strong>the</strong> development may be <strong>the</strong> only medium density development in <strong>the</strong> street,this must not be an impediment to urban consolidation objectives, as <strong>the</strong>se objectives<strong>the</strong>refore could not be met in areas where development opportunities are available butno o<strong>the</strong>r such development are nearby. The proposal must be assessed on its meritsunder <strong>the</strong> relevant State and Local policies and Clause 55. In addition, <strong>the</strong> mediumdensity development <strong>of</strong>fers dwelling diversity within <strong>the</strong> street, given <strong>the</strong> dominance <strong>of</strong>single dwellings.• Although <strong>the</strong> development is double storey in a mainly single storey street, Councilshould assess <strong>the</strong> proposal on its merits in <strong>the</strong> context <strong>of</strong> <strong>the</strong> site and area. It is alsonoted that <strong>the</strong>re are o<strong>the</strong>r double storey developments directly to <strong>the</strong> north and sou<strong>the</strong>ast <strong>of</strong> <strong>the</strong> site. A generally <strong>held</strong> <strong>planning</strong> principle is that a gradual increase in height,<strong>of</strong> one storey, is acceptable.• The increase in traffic movements in <strong>the</strong> street, arising from an additional two (2)dwellings on <strong>the</strong> site (currently 1 exists), is considered to be an increment that will notaffect local traffic conditions. It is not considered that <strong>the</strong> increase in traffic from <strong>the</strong>subject development would place an unreasonable load on <strong>the</strong> surrounding streetnetwork. Additionally referral comments from Council’s Transport Management andPlanning Unit have raised no issues with traffic congestion or traffic safety. Also, <strong>the</strong>right <strong>of</strong> way along <strong>the</strong> eastern side <strong>of</strong> <strong>the</strong> subject site was constructed to allow vehicletraffic, as can be seen with <strong>the</strong> garages deriving access from this area. There is noindication that <strong>the</strong> increased traffic from <strong>the</strong> development would be an inappropriateuse <strong>of</strong> this access-way.• The development provides one (1) car parking space per dwelling, in compliance with<strong>the</strong> standard and <strong>the</strong>refore <strong>the</strong> objective <strong>of</strong> Clause 55.• Neighbourhood character and an assessment against <strong>the</strong> relevant precinct guidelinesare addressed in <strong>the</strong> report below. It is noted that State and Local Planning Policyencourage appropriate medium density housing in well serviced areas, such as this.As a result <strong>the</strong> streetscape and character will change over time. Never<strong>the</strong>less, it isacknowledged that <strong>the</strong> predominant character <strong>of</strong> <strong>the</strong> street is detached single storeydwelling form, however two (2) storey construction is a legitimate design response andcannot be opposed just because <strong>the</strong>re are single storey dwellings within <strong>the</strong> area.• Property values are speculative and not a valid <strong>planning</strong> consideration.• It is considered that <strong>the</strong> development will not create an undesirable precedent, as eachproposal is assessed on its merits in <strong>the</strong> context <strong>of</strong> <strong>the</strong> neighbourhood character.• Overlooking and privacy are addressed below in <strong>the</strong> assessment against <strong>the</strong>provisions <strong>of</strong> Clause 55. However it is noted that screening <strong>of</strong> upper floor windows isprovided.• The proposal will not lead to unreasonable impacts on adjoining properties by way <strong>of</strong>overshadowing (as can be seen on shadow diagrams accompanying <strong>the</strong> application),nor will it unreasonably impact on daylight to adjoining habitable room windows (seeassessment below).• The proposed use is residential and will have noise impacts consistent with thosenormal to a residential zone. It is not considered that <strong>the</strong> increased density will lead tounreasonable noise impacts.Page 47

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• The proposal is not considered to be a high density residential development and isassessed using <strong>the</strong> provisions <strong>of</strong> Clause 55.• It is a well recognised <strong>planning</strong> principle that loss <strong>of</strong> views and <strong>the</strong> visibility <strong>of</strong> adevelopment are not appropriate tests. However, it is recognised that bulk and heightsmay have an adverse effect on aspect and amenity. These are assessed below andare considered to comply with <strong>the</strong> relevant provisions.• The proposed front setback meets Standard B6 and <strong>the</strong> front porch is an allowableencroachment.• The development accords with acknowledged policy for urban consolidation andincreased densities, which is to make more efficient use <strong>of</strong> infrastructure and facilities.Should <strong>the</strong>re be an issue with infrastructure provision, this should be dealt with by <strong>the</strong>relevant service authority.PLANNING ASSESSMENTThe proposal generally complies with <strong>the</strong> provisions <strong>of</strong> Clause 22.04 and Clause 55 <strong>of</strong> <strong>the</strong>Darebin Planning Scheme. The assessment below addresses specific objectors concernsand highlights where <strong>the</strong> development is not in strict compliance with <strong>the</strong> provisions <strong>of</strong>Clause 22.04 and Clause 55 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.NEIGHBOURHOOD CHARACTER PRECINCT GUIDELINE ASSESSMENTSitingThe buildings have been set back adequately from <strong>the</strong> street frontage, with adequateprovision made for a front garden.The development provides adequate space for landscaping within <strong>the</strong> front setback, <strong>the</strong> rearyards <strong>of</strong> each dwelling and along <strong>the</strong> side boundaries.Dwelling 1 is set back from <strong>the</strong> side boundaries, thus maintaining a detached single dwellingform to <strong>the</strong> streetscape. The setbacks accord with <strong>the</strong> predominant setbacks in <strong>the</strong> area,adequately maintaining <strong>the</strong> rhythm <strong>of</strong> dwelling spacing within <strong>the</strong> streetscape.The car space associated with Dwelling 1 is within <strong>the</strong> front setback and while normally thisis not encouraged, it is acceptable as it is open, presents only as a small paved area andabuts <strong>the</strong> ROW to <strong>the</strong> east <strong>of</strong> <strong>the</strong> site. Importantly, Walter Street terminates as this point,intersecting with a ROW, <strong>the</strong>refore <strong>the</strong> car space will not be readily visible from <strong>the</strong>streetscape and will not look out <strong>of</strong> character. A condition <strong>of</strong> approval will however, require<strong>the</strong> car space to abut <strong>the</strong> fence separating it from <strong>the</strong> secluded private open space <strong>of</strong>Dwelling 1, which is to be relocated to abut <strong>the</strong> south eastern corner <strong>of</strong> <strong>the</strong> sou<strong>the</strong>rn mostsliding door <strong>of</strong> <strong>the</strong> lounge room <strong>of</strong> Dwelling 1.Additionally, Dwellings 2 and 3 have <strong>the</strong>ir garages located to <strong>the</strong> rear <strong>of</strong> <strong>the</strong> site andaccessed via <strong>the</strong> right <strong>of</strong> way, which appropriately minimises <strong>the</strong> impact <strong>of</strong> car storagefacilities on <strong>the</strong> streetscape.Not all access is provided via <strong>the</strong> right <strong>of</strong> way and a crossover is proposed to Walter Street,this is considered to be acceptable as it is only one (1) crossover, <strong>the</strong> access complies with<strong>the</strong> relevant Standard <strong>of</strong> Clause 55 and ample area is available for landscaping within <strong>the</strong>front setback. Additionally, as noted above, car parking facilities do not dominate <strong>the</strong>streetscape presentation.CompliesPage 48

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011Height and building form/Frontage widthThe predominant height <strong>of</strong> buildings in <strong>the</strong> street are single storey, however <strong>the</strong>re are doublestorey dwellings to <strong>the</strong> north east and south east <strong>of</strong> <strong>the</strong> subject dwelling. The proposeddevelopment is for double-storey dwellings, which have been designed to minimise visualbulk, with first floors smaller than <strong>the</strong> ground floor envelope and setting <strong>the</strong> upper floors backfrom <strong>the</strong> front wall <strong>of</strong> <strong>the</strong> dwelling. Although <strong>the</strong> upper floor <strong>of</strong> Dwelling 1 is not set back one(1) room from <strong>the</strong> façade, it is set back adequately from <strong>the</strong> façade and front porch, so that<strong>the</strong> single storey streetscape façade is maintained. The design includes ample setbacks at<strong>the</strong> upper floor levels to provide articulation.The development is not out <strong>of</strong> scale with <strong>the</strong> nearby buildings and does not dominate <strong>the</strong>streetscape. It presents an appropriate graduated increase in height over adjoining singlestorey buildings and matches <strong>the</strong> height <strong>of</strong> nearby double storey dwellings.The development maintains <strong>the</strong> frontage width to <strong>the</strong> street and does not involve alengthways subdivision.CompliesCLAUSE 55 ASSESSMENTStandard B1 - Neighbourhood CharacterThis element has been considered above in <strong>the</strong> Neighbourhood Character GuidelinesAssessment and complies subject to condition.Although <strong>the</strong> development provides double storey dwellings extending into <strong>the</strong> rear yardarea, <strong>the</strong> design provides significant breaks between upper floor levels and <strong>the</strong> upper floorsare amply set back from <strong>the</strong> common boundaries. It is considered that <strong>the</strong> setbacks areacceptable and provide opportunity for landscaping. The design also ensures a graduatedincrease in height and addresses visual bulk with more recessive upper floor elements andarticulation.CompliesStandard B4: InfrastructureThe development is to be located in an established area where <strong>the</strong>re is adequateinfrastructure. The proposal will not exceed <strong>the</strong> capacity <strong>of</strong> local infrastructure.Council’s Capital Works Unit has commented that drainage is available to <strong>the</strong> site and issubject to conditions.Complies subject to conditionStandard B6: Street SetbackThe adjoining front setback <strong>of</strong> <strong>the</strong> adjoining dwelling to <strong>the</strong> west is 4.9m. As <strong>the</strong>re is noadjoining dwelling to <strong>the</strong> east, <strong>the</strong> standard <strong>the</strong>refore requires a front setback <strong>of</strong> 4.9m. Theproposed front setback <strong>of</strong> 5.039m complies numerically with <strong>the</strong> standard.The front porch is an allowable encroachment, given its height and width.CompliesPage 49

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011Standard B7: Building HeightThe proposed dwellings are to have a maximum height <strong>of</strong> 7.409m from natural ground level(NGL) to <strong>the</strong> top <strong>of</strong> <strong>the</strong> ridge. This complies with <strong>the</strong> standard which requires a maximumheight not exceeding 9m.CompliesStandard B10: Energy EfficiencyThe proposal is considered to be generally energy efficient due to <strong>the</strong> following:• Cross ventilation is available in <strong>the</strong> design.• Use <strong>of</strong> eaves.• The development does not unreasonably affect <strong>the</strong> solar access and energy efficiency<strong>of</strong> neighbouring dwellings.• Open space areas with access to north light.• Space for outdoor clo<strong>the</strong>s drying facilities.• Multi storey construction.• Attached construction.• A condition <strong>of</strong> approval will require that <strong>the</strong> upper level north facing master bedroomwindow <strong>of</strong> dwelling two (2) is fitted with a retractable blind/shading device.Complies subject to conditionStandard B13: LandscapingThe surrounding landscape character is generally semi mature and informal with large openspaces and spacious setbacks.The open spaces and setbacks are generally large enough to provide sufficient landscaping.The proposal will allow landscaping to <strong>the</strong> front, side and rear setbacks.A revised landscape plan will be required as a condition <strong>of</strong> approval along with <strong>the</strong> provision<strong>of</strong> a minimum <strong>of</strong> three (3) suitable low to medium sized canopy trees.Complies subject to conditionStandard B16: Parking ProvisionOne car parking space is provided for each <strong>of</strong> <strong>the</strong> one and two bedroom dwellings.The garages have appropriate dimensions.The accessways to Dwellings 2 and 3 appear to be acceptable, however fur<strong>the</strong>r turningcircles are required by condition to ensure convenient and efficient access.The car parking facilities are designed, surfaced and graded to reduce run-<strong>of</strong>f and allowstormwater to drain into <strong>the</strong> site.To ensure that <strong>the</strong>y study to Dwelling 1 cannot reasonably be used as a bedroom, acondition will require it to be open to <strong>the</strong> adjacent corridor and reduced in size.Page 50

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011Garage dimensions <strong>of</strong> 6.0 metres length x 3.7 metres wide are beyond <strong>the</strong> minimumrequirements <strong>of</strong> <strong>the</strong> standard which require <strong>the</strong> width <strong>of</strong> <strong>the</strong> car space to be 3.5m, whenconstrained by walls. A condition <strong>of</strong> approval will require that <strong>the</strong> width <strong>of</strong> <strong>the</strong> car space is amaximum <strong>of</strong> 3.5m wide.The open car space dimensions <strong>of</strong> 5.5 metres length x 3.2 metres width comply with <strong>the</strong>standard.Complies subject to conditionStandard B17: Side and Rear SetbacksGround floorBoundary Wall height RequiredSetbackProposedsetbackComplianceWestern – Dwelling 1 3.2 metres 1.0 metres 1.6 metres YesWestern – Dwelling 2 3.2 metres 1.0 metres 1 metre YesWestern – Dwelling 3 3.2 metres 1.0 metres 2.1 metres YesEastern – Dwelling 1 3.2 metres 1.0 metres 3.79 metres YesEastern – Dwelling 2 3.2 metres 1.0 metres 1 metre YesEastern – Dwelling 3 3.2 metres 1.0 metres 1 metre YesNor<strong>the</strong>rn – Dwelling 3 3.2 metres 1.0 metres 1.73 metres YesFirst FloorBoundary Wall height RequiredSetbackProposedsetbackComplianceWestern – Dwelling 1 5.9 metres 1.69 metres 2.6 metres YesWestern – Dwelling 2 5.9 metres 1.69 metres 3.396 metres YesWestern – Dwelling 3 5.9 metres 1.69 metres 3.739metres YesEastern – Dwelling 1 5.9 metres 1.69 metres 4.217 metres YesEastern – Dwelling 2 5.9 metres 1.69 metres 5.16 metres YesEastern – Dwelling 3 5.9 metres 1.69 metres 2.291 metres YesNor<strong>the</strong>rn – Dwelling 3 5.9 metres 1.69 metres 2.764 metres YesCompliesStandard B22: OverlookingThe development is designed to limit views into neighbouring secluded private open spaceand habitable room windows.The proposed ground floors have finished floor levels less than 0.8m above natural groundlevel at <strong>the</strong> boundary. Proposed 1.8 metre high boundary fences to <strong>the</strong> north, east and westboundaries will sufficiently limit overlooking.Page 51

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011While all upper storey windows are designed to ensure minimal overlooking, <strong>the</strong> notationassociated with <strong>the</strong>se windows must be clearer and must state that any part <strong>of</strong> <strong>the</strong> windowbelow 1.7m above finished floor level (FFL) will be fixed. This will form a condition <strong>of</strong> <strong>the</strong><strong>planning</strong> permit.Complies subject to conditionStandard B24: Noise ImpactsThere are no obvious noise sources to or from <strong>the</strong> development.A condition <strong>of</strong> any approval will require plant to be located and/or baffled to preventdetrimental noise impacts.Complies subject to conditionStandard B28: Private Open SpaceThe development provides adequate private open space for <strong>the</strong> reasonable recreation andservice needs <strong>of</strong> residents.This is achieved through <strong>the</strong> provision <strong>of</strong> 40 square metres <strong>of</strong> secluded private open spaceat <strong>the</strong> side or rear <strong>of</strong> <strong>the</strong> dwelling with a minimum area <strong>of</strong> 25 square metres with a minimumdimension <strong>of</strong> 3 metres and with convenient access from a living room.Total POS Secluded POS Minimum dimension<strong>of</strong> secluded POSUnit 1 81sqm 37.36m 2 3.79mUnit 2 25.13m 2 25.13m 2 5.01mUnit 3 52.28m 2 31m 2 5.544mAlthough Dwelling 2 does not comply with <strong>the</strong> overall private open space requirement <strong>of</strong> <strong>the</strong>standard, it is considered to be acceptable as:• The design response is appropriate in that it provides one (1) site area for <strong>the</strong> openspace for <strong>the</strong> dwelling.• The open space is useable with ample dimensions.• It has access directly from <strong>the</strong> living areas.• There is adequate solar access to <strong>the</strong> private open space.• The dwelling has only one (1) bedroom and is small. It is <strong>the</strong>refore likely thatoccupiers will have a lesser recreational requirement, which will be satisfied by <strong>the</strong>open space provision.Complies with objectivePOLICY IMPLICATIONSEnvironmental SustainabilityAll new dwellings are required to achieve a minimum six (6) star energy rating under <strong>the</strong>relevant building controls.Page 52

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011Social Inclusion and DiversityNil.O<strong>the</strong>rNil.FINANCIAL AND RESOURCE IMPLICATIONSThere are no financial or resource implications as a result <strong>of</strong> <strong>the</strong> determination <strong>of</strong> thisapplication.FUTURE ACTIONSNil.DISCLOSURE OF INTERESTSSection 80C <strong>of</strong> <strong>the</strong> Local Government Act 1989 requires members <strong>of</strong> Council staff andpersons engaged under contract to provide advice to Council to disclose any direct orindirect interest in a matter to which <strong>the</strong> advice relates.The Manager authorising this report, having made enquiries with relevant members <strong>of</strong> staff,reports that no disclosable interests have been raised in relation to this report.RELATED DOCUMENTSDarebin Planning Scheme and <strong>the</strong> Planning and Environment Act (1987) as amended.COMMITTEE DECISIONMOVED:SECONDED:Cr. G. GrecoCr. N. KatsisTHAT Planning Permit Application D/348/2011 be approved and a Notice <strong>of</strong> Decisionto Grant a Permit be issued subject to <strong>the</strong> following conditions:1. Before <strong>the</strong> development starts, amended plans to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority must be submitted to, and approved by, <strong>the</strong> ResponsibleAuthority. The plans must be drawn to scale with dimensions and must begenerally in accordance with <strong>the</strong> plans submitted with <strong>the</strong> application (identifiedas drawing numbers 3 and 4 dated 19/07/11, prepared by Destination CAD andreceived by Council on <strong>the</strong> 5 August 2011, Landscape Plan, dated 11 May 2011and received by Council on <strong>the</strong> 5 August 2011 and External Material and ColourSchedule received by Council on <strong>the</strong> 19 May 2011) but modified to show:Page 53

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011a) Provision <strong>of</strong> swept path diagrams demonstrating convenient and efficientaccess to <strong>the</strong> garages <strong>of</strong> Dwellings two (2) and three (3).b) The notation associated with all upper level habitable room windows along<strong>the</strong> western, eastern and nor<strong>the</strong>rn elevation <strong>of</strong> <strong>the</strong> dwellings, reworded toinclude <strong>the</strong> following, ‘fixed, obscure glazing in any part <strong>of</strong> <strong>the</strong> windowbelow 1.7 metres above floor level’.c) A notation on <strong>the</strong> plans indicating that <strong>the</strong> study to Dwelling 1 is to be opento <strong>the</strong> adjacent corridor and is not to be used as a bedroom. The size <strong>of</strong> <strong>the</strong>study must be reduced to a maximum size <strong>of</strong> 2 metres long by 2 metreswide.d) The provision <strong>of</strong> lighting along <strong>the</strong> pedestrian path and around <strong>the</strong>accessways adjoining <strong>the</strong> Right-Of-Way.e) The internal dimension between <strong>the</strong> walls <strong>of</strong> <strong>the</strong> garages <strong>of</strong> Dwellings two(2) and three (3) to be reduced to a maximum width <strong>of</strong> 3.5 metres.f) The location <strong>of</strong> all plant and equipment (including air conditioners and <strong>the</strong>like). These are to be co-located where possible, screened to as not to bevisible from <strong>the</strong> public realm and adjacent properties, located as far aspracticable from site boundaries, baffled to prevent noise transmission toadjacent properties and integrated into <strong>the</strong> design <strong>of</strong> <strong>the</strong> building.g) A revised Landscape Plan in accordance with Condition No.5 <strong>of</strong> this Permitand including <strong>the</strong> provision <strong>of</strong> a minimum <strong>of</strong> 3 suitable low to medium sizedcanopy trees.h) The provision <strong>of</strong> an external retractable shading device/blind over <strong>the</strong>upper level north facing master bedroom window <strong>of</strong> Dwelling two (2).i) The finished floor levels shown to Australian Height Datum (AHD).j) The height <strong>of</strong> <strong>the</strong> internal dividing structure between <strong>the</strong> secluded privateopen space <strong>of</strong> Dwellings one (1) and two (2).k) The fence between <strong>the</strong> secluded private open space <strong>of</strong> Dwelling one (1)and <strong>the</strong> car space <strong>of</strong> Dwelling one (1) relocated to <strong>the</strong> south east corner <strong>of</strong><strong>the</strong> sou<strong>the</strong>rn most sliding door adjoining <strong>the</strong> living area <strong>of</strong> Dwelling 1. Thelength <strong>of</strong> <strong>the</strong> car space must be increased to abut this fence.When approved, <strong>the</strong> plans will be endorsed and form part <strong>of</strong> this Permit.2. The development as shown on <strong>the</strong> endorsed plans must not be altered without<strong>the</strong> prior written consent <strong>of</strong> <strong>the</strong> Responsible Authority.3. This Permit will expire if ei<strong>the</strong>r:a) The development does not start within three (3) years from <strong>the</strong> date <strong>of</strong> thisPermit; orb) The development is not completed within five (5) years <strong>of</strong> <strong>the</strong> date <strong>of</strong> thisPermit.The Responsible Authority may extend <strong>the</strong> times referred to if a request is madein writing before this Permit expires or within three (3) months after <strong>the</strong> expirydate.4. Prior to <strong>the</strong> issue <strong>of</strong> a building permit for any building or any works authorised bythis permit, a development levy must be paid to Darebin City Council. Theamount <strong>of</strong> <strong>the</strong> development levy for each charge unit must be calculated inaccordance with Schedule 1 to <strong>the</strong> Development Contribution Plan Overlay.Page 54

PLANNING COMMITTEE MINUTES 24 OCTOBER 20115. Before buildings and works start, a detailed Landscape Plan to <strong>the</strong> satisfaction <strong>of</strong><strong>the</strong> Responsible Authority must be submitted to, and approved by <strong>the</strong>Responsible Authority. When <strong>the</strong> Landscape Plan is approved, it will beendorsed and will <strong>the</strong>n form part <strong>of</strong> this Permit. The Landscape Plan must beprepared by a suitably qualified person and must incorporate:a) The provision <strong>of</strong> a minimum <strong>of</strong> three (3) suitable low to medium sizedcanopy treesb) Details <strong>of</strong> all existing trees to be retained and all existing trees to beremoved, including overhanging trees on adjoining properties. The genus,species, height and spread <strong>of</strong> all trees must be specifiedc) A planting schedule <strong>of</strong> proposed vegetation detailing <strong>the</strong> botanical name,common name, size at maturity and quantities <strong>of</strong> all plantsd) Details <strong>of</strong> all surfaces including lawns, mulched garden beds and hardpaving (such as asphalt, concrete, brick or gravel)e) Street trees within <strong>the</strong> nature strip/s adjacent to <strong>the</strong> propertyf) All constructed items including retaining walls, letter boxes, garbage binreceptacles, outdoor furniture, lighting, clo<strong>the</strong>slines etcg) Edge treatment between grass (lawn) and garden bedsh) An outline <strong>of</strong> <strong>the</strong> approved building/s including any basement, <strong>the</strong> location<strong>of</strong> entry doors, windows, gates and fences. An outline <strong>of</strong> buildings onadjoining land, including <strong>the</strong> location <strong>of</strong> windows and doors which face <strong>the</strong>subject site must also be showni) The location <strong>of</strong> both existing and proposed overhead and undergroundservices. Conflicts <strong>of</strong> such services with <strong>the</strong> existing and proposed plantingmust be avoidedj) Clear graphics identifying trees (deciduous and evergreen), shrubs,groundcovers and climbersk) A scale, North Point and appropriate legendThe species <strong>of</strong> all proposed plants selected must be to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority.6. The landscaping as shown on <strong>the</strong> endorsed Landscape Plan must be completedto <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority before <strong>the</strong> development isoccupied and/or <strong>the</strong> use starts or at such later date as is approved by <strong>the</strong>Responsible Authority in writing.No later than seven (7) days after <strong>the</strong> completion <strong>of</strong> <strong>the</strong> landscaping, <strong>the</strong> permitholder must advise Council, in writing, that <strong>the</strong> landscaping has been completed.7. The landscaping as shown on <strong>the</strong> endorsed Landscape Plan must bemaintained, and any dead, diseased or damaged plant replaced in accordancewith <strong>the</strong> endorsed Landscape Plan to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> ResponsibleAuthority.8. Floor levels shown on <strong>the</strong> endorsed plans must be confirmed. The confirmation<strong>of</strong> <strong>the</strong> ground floor level must take place no later than at <strong>the</strong> time <strong>of</strong> <strong>the</strong>inspection <strong>of</strong> <strong>the</strong> subfloor <strong>of</strong> <strong>the</strong> development required under <strong>the</strong> Building Act1993 and <strong>the</strong> Building Regulations 2006. This confirmation must be in <strong>the</strong> form<strong>of</strong> a report from a licensed land surveyor and must be submitted to <strong>the</strong>Responsible Authority no later than 7 days from <strong>the</strong> date <strong>of</strong> <strong>the</strong> sub-floorPage 55

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011inspection. The upper floor levels must be confirmed before a Certificate <strong>of</strong>Occupancy is issued, by a report from a licensed land surveyor submitted to <strong>the</strong>Responsible Authority.9. All dwellings that share dividing walls and floors must be constructed to limitnoise transmission to 45 STC (Sound Transmission Class) in accordance withPart F(5) <strong>of</strong> <strong>the</strong> building Code <strong>of</strong> Australia.10. Before <strong>the</strong> dwellings are occupied, an automatic external lighting system capable<strong>of</strong> illuminating <strong>the</strong> entry to each unit, access to each garage and car parkingspace and all pedestrian walkways must be provided on <strong>the</strong> land to <strong>the</strong>satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.The external lighting must be designed, baffled and/or located to ensure that noloss <strong>of</strong> amenity is caused to adjoining and nearby land, to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority.11. Boundary walls facing adjoining properties must be cleaned and finished to <strong>the</strong>satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.12. The land must be drained to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.13. With <strong>the</strong> exception <strong>of</strong> guttering, rainheads and downpipes, all pipes, fixtures,fittings and vents servicing any building on <strong>the</strong> land must be concealed in serviceducts or o<strong>the</strong>rwise hidden from view to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> ResponsibleAuthority.14. No plant, equipment, services or architectural features o<strong>the</strong>r than those shownon <strong>the</strong> endorsed plans are permitted above <strong>the</strong> ro<strong>of</strong> level <strong>of</strong> <strong>the</strong> building/s without<strong>the</strong> prior written consent <strong>of</strong> <strong>the</strong> Responsible Authority.15. Provision must be made on <strong>the</strong> land for letter boxes and receptacles fornewspapers to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.16. Before occupation <strong>of</strong> <strong>the</strong> development, areas set aside for <strong>the</strong> parking <strong>of</strong> vehiclesand access lanes as shown on <strong>the</strong> endorsed plan(s) must be:a) Constructed;b) Properly formed to such levels that <strong>the</strong>y can be used in accordance with<strong>the</strong> plans;c) Surfaced; andd) Drainedto <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.Car spaces, access lanes and driveways shown on <strong>the</strong> endorsed plans must notbe used for any o<strong>the</strong>r purpose.17. Before <strong>the</strong> development is occupied, vehicular crossing(s) must be constructedto align with approved driveways to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.All redundant crossing(s) or crossing opening(s) must be removed and replacedwith footpath, naturestrip and kerb and channel to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority.CARRIEDPage 56

PLANNING COMMITTEE MINUTES 24 OCTOBER 20115.6 APPLICATION FOR PLANNING PERMIT D/358/201137 Ashton Street, ReservoirAUTHOR:DIRECTOR:Urban Planner - Jacquie PayneDirector City Works and Development – Michael BallockOWNER/APPLICANT/CONSULTANTS:Applicant:Owner:Consultant:T Campher, C/- Iknonomidis Reid663 Plenty RoadRESERVOIR VIC 3073Catania Building Consultants PtyLtd1 Cleeland StreetRESERVOIR VIC 3073Iknonomidis Reid663 Plenty RoadRESERVOIR VIC 3073SUMMARY:• The proposal is for a medium density housing development comprising <strong>the</strong>construction <strong>of</strong> five (5) double storey dwellings and one (1) single storey dwelling.• No restrictive covenants are registered on <strong>the</strong> Certificate <strong>of</strong> Title.• Recommendation – Notice <strong>of</strong> Decision to Grant a Planning Permit subject toconditions.CONSULTATION:• Letters were sent to adjoining and surrounding owners and occupiers.• A sign was erected on <strong>the</strong> site.• Five (5) objections have been received.• The application was not referred externally.• The application has been referred internally to <strong>the</strong> following Council Units:- Capital Works Unit- Transport and Management Planning Unit- Parks and GardensPage 57

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011RECOMMENDATIONTHAT Planning Permit Application D/358/2011 be approved and a Notice <strong>of</strong> Decision toGrant a Permit be issued subject to <strong>the</strong> following conditions:Permit Preamble: Medium density housing development comprising <strong>the</strong> construction <strong>of</strong> five(5) double storey dwellings and one (1) single storey dwelling in accordance with <strong>the</strong>endorsed plans.1. Before <strong>the</strong> development starts, amended plans to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> ResponsibleAuthority must be submitted to, and approved by, <strong>the</strong> Responsible Authority. Theplans must be drawn to scale with dimensions and must be generally in accordancewith <strong>the</strong> plans submitted with <strong>the</strong> application (identified as drawing numbers TP-03 andTP-04, revision B, dated 1 st August 2011, Job No. 5871, Prepared by Ikonomidis Reidand received by Council on <strong>the</strong> 3 rd August 2011) but modified to show:a) A revised notation confirming that all upper level south facing habitable roomwindows are treated with fixed obscure glazing to a height <strong>of</strong> 1.7 metres abovefinished floor level (FFL).b) A section diagram demonstrating how <strong>the</strong> balcony screens associated withDwellings 2 to 5 are not more than 25% transparent.c) Provision <strong>of</strong> lighting along <strong>the</strong> common pedestrian pathway which accessesDwellings two (2) to six (6) and within <strong>the</strong> vehicle access-way.d) The provision <strong>of</strong> pedestrian visibility splays measuring 2 metres (width across <strong>the</strong>frontage) by 2.5 metres (depth into <strong>the</strong> site), to <strong>the</strong> nor<strong>the</strong>rn and sou<strong>the</strong>rn sides<strong>of</strong> <strong>the</strong> proposed crossover to Ashton Street. Where within <strong>the</strong> subject site, anystructures or vegetation within <strong>the</strong>se splays must be not more than 1.15 metresin height.e) The location <strong>of</strong> all plant and equipment (including air conditioners and <strong>the</strong> like).These are to be co-located where possible, screened to as not to be visible from<strong>the</strong> public realm and adjacent properties, located as far as practicable from siteboundaries, baffled to prevent noise transmission to adjacent properties andintegrated into <strong>the</strong> design <strong>of</strong> <strong>the</strong> building.f) A notation confirming that no front fence is proposed.g) A notation confirming <strong>the</strong> ground floor south facing bedroom 1 <strong>of</strong> Dwelling 1 beacoustically treated with a minimum 0.638mm thick laminate.h) A Landscape Plan in accordance with Condition No.5 <strong>of</strong> this Permit and with <strong>the</strong>inclusion <strong>of</strong> a minimum <strong>of</strong> two (2) suitable medium sized and six (6) low tomedium sized canopy trees.i) Annotations detailing a Tree Protection Zone (TPZ) and associated TreeProtection Fence with a radius <strong>of</strong> 3 metres (measured from <strong>the</strong> outside edge <strong>of</strong><strong>the</strong> trunk) for <strong>the</strong> nature strip tree (Lophostemon confertus) in accordance with<strong>the</strong> requirements <strong>of</strong> Condition No. 8 <strong>of</strong> this Permit.A notation must be added to state that any works in <strong>the</strong> Tree Protection Zonemust be carried out without excavation.j) The overall height <strong>of</strong> Dwellings two (2) to five (5) lowered 0.6 metres. This mustbe achieved by excavating <strong>the</strong> site and lowering <strong>the</strong> car park and finished floorPage 58

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011levels (FFL) <strong>of</strong> Dwellings two (2) to five (5) to beneath natural ground level(NGL). The current building form, ro<strong>of</strong> form, pitch and floor to ceiling heights <strong>of</strong>Dwellings two (2) to five (5) must not be altered. The overall heights <strong>of</strong> Dwellingsone (1) and six (6) do not need to be altered.k) The study <strong>of</strong> dwelling 1 reduced to a maximum size <strong>of</strong> 1.8 metres by 2 metres.When approved, <strong>the</strong> plans will be endorsed and form part <strong>of</strong> this Permit.2. The development as shown on <strong>the</strong> endorsed plans must not be altered without <strong>the</strong>prior written consent <strong>of</strong> <strong>the</strong> Responsible Authority.3. This Permit will expire if ei<strong>the</strong>r:c) The development does not start within three (3) years from <strong>the</strong> date <strong>of</strong> thisPermit; ord) The development is not completed within five (5) years <strong>of</strong> <strong>the</strong> date <strong>of</strong> this Permit.The Responsible Authority may extend <strong>the</strong> times referred to if a request is made inwriting before this Permit expires or within three (3) months after <strong>the</strong> expiry date.4. Prior to <strong>the</strong> issue <strong>of</strong> a building permit for any building or any works authorised by thispermit, a development levy must be paid to Darebin City Council. The amount <strong>of</strong> <strong>the</strong>development levy for each charge unit must be calculated in accordance with Schedule1 to <strong>the</strong> Development Contribution Plan Overlay.5. Before buildings and works start, a detailed Landscape Plan to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority must be submitted to, and approved by <strong>the</strong> ResponsibleAuthority. When <strong>the</strong> Landscape Plan is approved, it will be endorsed and will <strong>the</strong>nform part <strong>of</strong> this Permit. The Landscape Plan must be prepared by a suitably qualifiedperson and must incorporate:a) The inclusion <strong>of</strong> two (2) suitable medium sized and six (6) low to medium sizedcanopy trees.b) Annotations detailing a tree protection zone (TPZ) with a radius <strong>of</strong> 3 metresmeasured from <strong>the</strong> outside edge <strong>of</strong> <strong>the</strong> trunk <strong>of</strong> <strong>the</strong> nature strip tree(Lophostemon confertus) located in <strong>the</strong> nature strip at <strong>the</strong> front <strong>of</strong> <strong>the</strong> site.c) Details <strong>of</strong> all existing trees to be retained and all existing trees to be removed,including overhanging trees on adjoining properties. The genus, species, heightand spread <strong>of</strong> all trees must be specified.d) A planting schedule <strong>of</strong> proposed vegetation detailing <strong>the</strong> botanical name,common name, size at maturity and quantities <strong>of</strong> all plants.e) Details <strong>of</strong> all surfaces including lawns, mulched garden beds and hard paving(such as asphalt, concrete, brick or gravel).f) Street trees within <strong>the</strong> nature strip/s adjacent to <strong>the</strong> property.g) All constructed items including retaining walls, letter boxes, garbage binreceptacles, outdoor furniture, lighting, clo<strong>the</strong>slines etc.h) Edge treatment between grass (lawn) and garden beds.i) An outline <strong>of</strong> <strong>the</strong> approved building/s including any basement, <strong>the</strong> location <strong>of</strong>entry doors, windows, gates and fences. An outline <strong>of</strong> buildings on adjoiningland, including <strong>the</strong> location <strong>of</strong> windows and doors which face <strong>the</strong> subject sitemust also be shown.Page 59

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011j) The location <strong>of</strong> both existing and proposed overhead and underground services.Conflicts <strong>of</strong> such services with <strong>the</strong> existing and proposed planting must beavoided.k) Clear graphics identifying trees (deciduous and evergreen), shrubs,groundcovers and climbers.l) A scale, North Point and appropriate legend.The species <strong>of</strong> all proposed plants selected must be to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority.6. The landscaping as shown on <strong>the</strong> endorsed Landscape Plan must be completed to <strong>the</strong>satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority before <strong>the</strong> development is occupied and/or<strong>the</strong> use starts or at such later date as is approved by <strong>the</strong> Responsible Authority inwriting.No later than seven (7) days after <strong>the</strong> completion <strong>of</strong> <strong>the</strong> landscaping, <strong>the</strong> permit holdermust advise Council, in writing, that <strong>the</strong> landscaping has been completed.7. The landscaping as shown on <strong>the</strong> endorsed Landscape Plan must be maintained, andany dead, diseased or damaged plant replaced in accordance with <strong>the</strong> endorsedLandscape Plan to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.8. Before buildings and works (including demolition) start, a tree protection fence must beerected around <strong>the</strong> nature strip tree (Lophostemon confertus) at a radius <strong>of</strong> three (3)metres from <strong>the</strong> base <strong>of</strong> <strong>the</strong> trunk to define a ‘tree protection zone’ (TPZ).This fence must be constructed <strong>of</strong> star pickets and chain mesh (or similar) to <strong>the</strong>satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.The tree protection fence must remain in place until construction is completed.No vehicular or pedestrian access, trenching or soil excavation is to occur within <strong>the</strong>tree protection zone.No storage or dumping <strong>of</strong> tools, equipment or waste is to occur within <strong>the</strong> treeprotection zone.The ground surface <strong>of</strong> <strong>the</strong> tree protection zone must be covered by a protective100mm deep layer <strong>of</strong> mulch prior to <strong>the</strong> development commencing and be wateredregularly to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.9. Floor levels shown on <strong>the</strong> endorsed plans must be confirmed. The confirmation <strong>of</strong> <strong>the</strong>ground floor level must take place no later than at <strong>the</strong> time <strong>of</strong> <strong>the</strong> inspection <strong>of</strong> <strong>the</strong>subfloor <strong>of</strong> <strong>the</strong> development required under <strong>the</strong> Building Act 1993 and <strong>the</strong> BuildingRegulations 2006. This confirmation must be in <strong>the</strong> form <strong>of</strong> a report from a licensedland surveyor and must be submitted to <strong>the</strong> Responsible Authority no later than 7 daysfrom <strong>the</strong> date <strong>of</strong> <strong>the</strong> sub-floor inspection. The upper floor levels must be confirmedbefore a Certificate <strong>of</strong> Occupancy is issued, by a report from a licensed land surveyorsubmitted to <strong>the</strong> Responsible Authority.10. Before <strong>the</strong> dwellings are occupied, an automatic external lighting system capable <strong>of</strong>illuminating <strong>the</strong> entry to each unit, access to each garage and car parking space andall pedestrian walkways must be provided on <strong>the</strong> land to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority.The external lighting must be designed, baffled and/or located to ensure that no loss <strong>of</strong>amenity is caused to adjoining and nearby land, to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> ResponsibleAuthority.Page 60

PLANNING COMMITTEE MINUTES 24 OCTOBER 201111. All dwellings that share dividing walls and floors must be constructed to limit noisetransmission to 45 STC (Sound Transmission Class) in accordance with Part F(5) <strong>of</strong><strong>the</strong> Building Code <strong>of</strong> Australia.12. Boundary walls facing adjoining properties must be cleaned and finished to <strong>the</strong>satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.13. The land must be drained to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.14. With <strong>the</strong> exception <strong>of</strong> guttering, rainheads and downpipes, all pipes, fixtures, fittingsand vents servicing any building on <strong>the</strong> land must be concealed in service ducts oro<strong>the</strong>rwise hidden from view to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.15. No plant, equipment, services or architectural features o<strong>the</strong>r than those shown on <strong>the</strong>endorsed plans are permitted above <strong>the</strong> ro<strong>of</strong> level <strong>of</strong> <strong>the</strong> building/s without <strong>the</strong> priorwritten consent <strong>of</strong> <strong>the</strong> Responsible Authority.16. Provision must be made on <strong>the</strong> land for letter boxes and receptacles for newspapers to<strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.17. Before occupation <strong>of</strong> <strong>the</strong> development, areas set aside for <strong>the</strong> parking <strong>of</strong> vehicles andaccess lanes as shown on <strong>the</strong> endorsed plan(s) must be:a) Constructed;b) Properly formed to such levels that <strong>the</strong>y can be used in accordance with <strong>the</strong>plans;c) Surfaced; andd) Drainedto <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.Car spaces, access lanes and driveways shown on <strong>the</strong> endorsed plans must not beused for any o<strong>the</strong>r purpose.18. Before <strong>the</strong> development is occupied, vehicular crossing(s) must be constructed to alignwith approved driveways to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority. All redundantcrossing(s) or crossing opening(s) must be removed and replaced with footpath,naturestrip and kerb and channel to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.REPORTINTRODUCTION AND BACKGROUNDThere is no relevant <strong>planning</strong> permit history for <strong>the</strong> subject site on Council’s records.ISSUES AND DISCUSSIONSubject site and surrounding area• The site is regular in shape, with a frontage <strong>of</strong> 20.73m, a depth <strong>of</strong> 36.58m and an area<strong>of</strong> 758.3m 2 .• The site is located in <strong>the</strong> Residential 1 Zone and is affected by <strong>the</strong> DevelopmentContributions Plan Overlay – Schedule 1.• The site is located on <strong>the</strong> west side <strong>of</strong> Ashton Street.Page 61

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• The site is occupied by a single storey dwelling with secluded private open space andoutbuildings to <strong>the</strong> rear. It has vehicle access to a garage in <strong>the</strong> rear yard area, along<strong>the</strong> north boundary.• The adjoining property to <strong>the</strong> north is occupied by a single storey, brick dwelling withsecluded private open space and outbuildings to <strong>the</strong> rear. The dwelling is set back7.5m from <strong>the</strong> front boundary. To <strong>the</strong> south is a medium density development <strong>of</strong> four(4) double storey dwellings constructed to <strong>the</strong> north-west corner <strong>of</strong> Aston andMcComas Streets. The rear secluded private open space areas <strong>of</strong> <strong>the</strong>se dwellingsabut <strong>the</strong> common boundary. To <strong>the</strong> east, on <strong>the</strong> opposite side <strong>of</strong> <strong>the</strong> street, are anumber <strong>of</strong> single storey dwellings. To <strong>the</strong> west is a medium density development <strong>of</strong>five (5) single store dwellings, with <strong>the</strong> vehicle access abutting <strong>the</strong> common boundary.• The neighbourhood is characterised by single and double storey, post-war styledwellings with a number <strong>of</strong> medium density developments in <strong>the</strong> area.• The site is 150m to <strong>the</strong> south-east <strong>of</strong> <strong>the</strong> Plenty Road tramline. Summerhill Shoppingcentre is 600m to <strong>the</strong> north-east.Proposal• The proposal is for a medium density housing development comprising <strong>the</strong>construction <strong>of</strong> six (6) dwellings, ie. five (5) double storey dwellings and one (1) singlestorey dwelling.• The double storey dwellings are located to <strong>the</strong> front and <strong>the</strong> single storey dwelling(Dwelling 6) is located to <strong>the</strong> rear.• Dwelling 1 is to be located at <strong>the</strong> front and will have a bedroom and open plankitchen/meals/living area at ground level, with a bedroom and study at first floor level. Itis to have a secluded private open space area to <strong>the</strong> north <strong>of</strong> 25m 2 , with an additionalarea <strong>of</strong> open space at <strong>the</strong> front.• Dwellings 2, 3, 4 and 5 are to have a similar layout and level <strong>of</strong> accommodation, with<strong>the</strong> ground floor areas having a study entry and store. The first floor areas are to haveone (1) bedroom with open plan kitchen/meals/living area and north facing balconyareas <strong>of</strong> 8.1m 2 to 8.3m 2 .• Dwelling 6 is located to <strong>the</strong> rear and will have one (1) bedroom, with open plankitchen/meals/living area and a rear north facing secluded private open space area <strong>of</strong>31.5m 2 .• The dwellings are each to have an open car parking space in <strong>the</strong> undercr<strong>of</strong>t area,beneath <strong>the</strong> living areas <strong>of</strong> Dwellings 2-5. Vehicle access is via a proposed crossoveradjacent to <strong>the</strong> south boundary.• Pedestrian access is provided via a common walkway along <strong>the</strong> nor<strong>the</strong>rn boundary toDwellings 2-6, with Dwelling 1 having dedicated pedestrian access from <strong>the</strong> front andDwelling 6 having additional access via <strong>the</strong> driveway.• The proposed development will have a contemporary design with skillion and flat ro<strong>of</strong>sand wall materials <strong>of</strong> render, brick and wea<strong>the</strong>rboard.Page 62

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011OBJECTIONS• Five (5) objections have been received.NOTE: An objection has been received from a <strong>planning</strong> <strong>of</strong>ficer <strong>of</strong> <strong>the</strong> City <strong>of</strong> Darebin,however no conflict <strong>of</strong> interest is involved as <strong>the</strong> <strong>of</strong>ficer has had no involvement with <strong>the</strong>decision <strong>of</strong> <strong>the</strong> Responsible Authority.Objections summarised• Contrary to neighbourhood character.• Inappropriate ro<strong>of</strong> forms.• Visual bulk.• Loss <strong>of</strong> rear yard area.• Electricity to be underground.• Inappropriate orientation <strong>of</strong> development.• Excessive height.• Overlooking.• Reflected light.• Loss <strong>of</strong> trees and no landscape plan.• Inadequate parking.• Overdevelopment <strong>of</strong> <strong>the</strong> street.• Traffic and parking impact.• Traffic safety.• Inadequate space for rubbish collection.• Noise from dwellings.• Attract a lower socio-economic demographic.• Reduction in property values.• Inappropriate design detail.Officer comment on summarised objections• Neighbourhood/landscape character and an assessment against <strong>the</strong> relevant precinctguidelines are addressed in <strong>the</strong> report below. It is noted that State and Local PlanningPolicy encourages appropriate medium density housing in established residentialareas such as this, to take advantage <strong>of</strong> existing infrastructure. As a result, <strong>the</strong>appearance <strong>of</strong> streets will change over time. Never<strong>the</strong>less, <strong>the</strong> character <strong>of</strong> AshtonStreet and <strong>the</strong> surrounding streets is varied and <strong>the</strong> proposal respects <strong>the</strong> variedbuilding form.• Design detail is addressed below and although <strong>the</strong> proposal provides flat and skillionro<strong>of</strong> forms, it is considered that this design feature complements <strong>the</strong> contemporarydesign and adds to <strong>the</strong> variety <strong>of</strong> building forms in <strong>the</strong> area.• Visual bulk is fur<strong>the</strong>r addressed below, however it is noteworthy that <strong>the</strong> developmentprovides a single storey dwelling to <strong>the</strong> rear, with adequate setbacks at ground levelPage 63

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011(for landscaping) and upper floor level (to address visual bulk). A condition <strong>of</strong> approvalwill reduce any perceived visual bulk.• Although <strong>the</strong> development is to extend into <strong>the</strong> rear yard area, it is considered that<strong>the</strong>re is no strong rear yard character in <strong>the</strong> area, given <strong>the</strong> significant presence <strong>of</strong>medium density development already extending well into <strong>the</strong> rear yard areas <strong>of</strong>adjoining lots.• Electricity may be provided underground if required. However, it is noted thatdwellings in <strong>the</strong> street have electricity straight from <strong>the</strong> power poles to <strong>the</strong> naturestrip.It would be inequitable for <strong>the</strong> development to be required to provide undergroundelectricity services.• Although <strong>the</strong> entrances to Dwellings 2-6 are at <strong>the</strong> rear, <strong>the</strong>y are clearly marked via adedicated pedestrian walkway along <strong>the</strong> nor<strong>the</strong>rn boundary, which may beappropriately lit and paved, to provide safety and accessibility. Each dwelling entry isadequately visible from <strong>the</strong> common accessway.• The overall height is 7.925m and is less than <strong>the</strong> standard requirement <strong>of</strong> 9m. It is<strong>the</strong>refore acceptable.• Overlooking to adjoining properties is largely addressed by screening. This is fur<strong>the</strong>rexplored in <strong>the</strong> assessment below.• It is not considered that <strong>the</strong> development will lead to excessive reflected light and heatto <strong>the</strong> adjoining property to <strong>the</strong> north.• Vehicle parking is assessed under Clause 55 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme (below)and is considered to be acceptable, as it provides adequate parking on-site for <strong>the</strong>dwellings and meets <strong>the</strong> relevant requirements.• The development accords with acknowledged policy for urban consolidation andincreased densities, which is to make more efficient use <strong>of</strong> infrastructure and facilities.Urban consolidation policy encourages increased densities and level <strong>of</strong> development inestablished residential areas. Given <strong>the</strong> location <strong>of</strong> <strong>the</strong> site within close proximity t<strong>of</strong>acilities, it is not considered that <strong>the</strong> area is subject to overdevelopment.• It is not considered that <strong>the</strong> increase in traffic from <strong>the</strong> subject development wouldplace an unreasonable load on <strong>the</strong> surrounding street network. Each dwelling hasbeen provided with <strong>of</strong>f street parking commensurate with <strong>the</strong> number <strong>of</strong> bedroomseach dwelling has. There is also no indication that <strong>the</strong> development will unreasonablyimpact on traffic safety in <strong>the</strong> area.• The development retains ample space within <strong>the</strong> naturestrip for collection <strong>of</strong> waste andrecycle bins, with on-site storage located in <strong>the</strong> parking and private open space areas<strong>of</strong> each dwelling.• The proposed use is residential and will have noise impacts consistent with thosenormal to a residential zone, unlike a commercial or an industrial use, which wouldcreate noise impacts that are not normal to a residential zone. Speech, laughter, musicetc. are noises associated with residential uses and are generally not a relevantconsideration in assessing medium density development. The development intensitywill not lead to an unreasonable noise impact.• The socio-economic demographic <strong>of</strong> <strong>the</strong> occupants is not a <strong>planning</strong> consideration. Itis also noted that <strong>the</strong> proposal provides smaller dwellings on <strong>the</strong> site, which providessome dwelling diversity and affordability in an area able to accommodate an increasein density. In this respect it complies with urban consolidation policy.Page 64

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• Reduction in property prices are not considered to be a valid <strong>planning</strong> ground <strong>of</strong>objection.• Although amenity may be affected (overlooking, overshadowing, noise, etc) by <strong>the</strong>development, an assessment under Clause 55 provides an indicator as to whe<strong>the</strong>r<strong>the</strong>se effects are unreasonable or not. In this instance <strong>the</strong> development will not havean unreasonable impact and is <strong>the</strong>refore acceptable.PLANNING ASSESSMENTThe proposal generally complies with <strong>the</strong> provisions <strong>of</strong> Clause 22.04 and Clause 55 <strong>of</strong> <strong>the</strong>Darebin Planning Scheme. The assessment below addresses specific objectors concernsand highlights where <strong>the</strong> development is not in strict compliance with <strong>the</strong> provisions <strong>of</strong>Clause 22.04 and Clause 55 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.NEIGHBOURHOOD CHARACTER PRECINCT GUIDELINE ASSESSMENTSitingThe front garden is large enough for planting <strong>of</strong> vegetation to enable <strong>the</strong> continuation <strong>of</strong> <strong>the</strong>garden setting in this area. The proposal allows sufficient side and rear garden space forlandscaping.Dwelling 1 is set back adequately from <strong>the</strong> side boundaries to present a detached dwelling to<strong>the</strong> street. Although Dwelling 6 is constructed to <strong>the</strong> rear boundary, this does not impact on<strong>the</strong> streetscape view. Therefore <strong>the</strong> side setbacks accord with <strong>the</strong> predominant setbacks in<strong>the</strong> area, maintaining <strong>the</strong> rhythm <strong>of</strong> dwelling spacing within <strong>the</strong> streetscape.The carspaces are located behind <strong>the</strong> front line <strong>of</strong> <strong>the</strong> dwelling. Only one (1) crossover isprovided to <strong>the</strong> street, which minimises paving in front garden areas. Car parking structuresdo not dominate <strong>the</strong> façade or view <strong>of</strong> <strong>the</strong> dwelling.CompliesHeight and Building FormThe height <strong>of</strong> buildings in <strong>the</strong> street are a mix <strong>of</strong> single and double storey. The proposeddevelopment includes double-storey dwellings.The upper floor <strong>of</strong> Dwelling 1 is set back from <strong>the</strong> front wall <strong>of</strong> <strong>the</strong> dwelling. Although <strong>the</strong>upper floor is not set back one (1) room from <strong>the</strong> façade, it is set back adequately from <strong>the</strong>façade and front porch, so that <strong>the</strong> single storey streetscape façade is maintained. It is alsonoted that <strong>the</strong> rear dwelling is single storey, thus appropriately addressing <strong>the</strong> rear yardgarden character evident to <strong>the</strong> north <strong>of</strong> <strong>the</strong> site.A condition <strong>of</strong> approval will require that <strong>the</strong> development is lowered 0.6 metres, via <strong>the</strong>excavation <strong>of</strong> <strong>the</strong> site and <strong>the</strong> lowering <strong>of</strong> <strong>the</strong> car park and Dwellings two (2) to five (5), tolessen any visual impact <strong>of</strong> <strong>the</strong> development on adjoining secluded private open space.The development is not out <strong>of</strong> scale with <strong>the</strong> nearby buildings and does not dominate <strong>the</strong>streetscape, as it presents a graduated increase in height over adjoining single storeybuildings.Complies subject to conditionPage 65

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011Materials and Design DetailThe materials (brick, render and lightweight cladding) are traditional and consideredappropriate within <strong>the</strong> neighbourhood context.Although <strong>the</strong> proposal provides a skillion and flat ro<strong>of</strong> form, this is acceptable, in that itcomplements <strong>the</strong> contemporary design.The form and facades <strong>of</strong> <strong>the</strong> proposed dwellings are adequately articulated through <strong>the</strong>materials, openings and setbacks and appropriately address <strong>the</strong> traditional designs <strong>of</strong>dwellings in <strong>the</strong> area.CompliesCLAUSE 55 ASSESSMENTStandard B1 - Neighbourhood CharacterThis element has been considered above in <strong>the</strong> Neighbourhood Character GuidelinesAssessment and complies subject to condition.Although <strong>the</strong> development provides double storey dwellings, with <strong>the</strong> development extendingto <strong>the</strong> rear <strong>of</strong> <strong>the</strong> site, <strong>the</strong> rear dwelling is single storey, thus providing a transition to <strong>the</strong>lower scale rear yard character. Additionally, it is important to note that <strong>the</strong> design providesample setbacks to <strong>the</strong> side boundaries to address visual bulk to adjoining areas <strong>of</strong> secludedprivate open space.A condition will be included reducing <strong>the</strong> overall height <strong>of</strong> part <strong>of</strong> <strong>the</strong> building. This willminimise any impact <strong>the</strong> overall height <strong>of</strong> part <strong>of</strong> <strong>the</strong> building may have on adjoining sites.CompliesStandard B4: InfrastructureThe development is to be located in an established area where <strong>the</strong>re is adequateinfrastructure. The proposal will not exceed <strong>the</strong> capacity <strong>of</strong> local infrastructure.Council’s Capital Works Unit has commented that drainage is available to <strong>the</strong> site subject toconditions.Complies subject to conditionStandard B7: Building HeightThe proposed dwellings are to have a maximum height <strong>of</strong> 7.925m which compliesnumerically with <strong>the</strong> standard which requires a maximum height not exceeding 9m.CompliesStandard B8: Site CoverageThe area covered by buildings should not exceed a site coverage <strong>of</strong> 60%. The area to becovered by buildings is 320.77m 2 or 42.3% <strong>of</strong> <strong>the</strong> total site area.CompliesPage 66

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011Standard B12: SafetyDwelling 1 is accessible from <strong>the</strong> street and <strong>the</strong> entrances to Dwellings 2-6 are visible from<strong>the</strong> dedicated pedestrian accessway along <strong>the</strong> nor<strong>the</strong>rn boundary and/or <strong>the</strong> vehicleaccessway to <strong>the</strong> rear.The development is able to provide lighting, visibility and surveillance <strong>of</strong> car parking and <strong>the</strong>internal accessway. However fur<strong>the</strong>r details <strong>of</strong> lighting to <strong>the</strong> pedestrian and vehicleaccessways are to be required as a condition <strong>of</strong> approval.The private open space within <strong>the</strong> development is protected from inappropriate use as apublic thoroughfare.Complies subject to conditionStandard B14: AccessVehicle access to and from <strong>the</strong> site is generally safe, manageable and convenient. Thenumber and design <strong>of</strong> <strong>the</strong> vehicle crossover respects <strong>the</strong> neighbourhood character with onlyone (1) access point proposed.The width <strong>of</strong> <strong>the</strong> accessway is 3 metres.The existing crossover is to be removed and <strong>the</strong> kerb, channel and naturestrip reinstated, sothat <strong>the</strong>re is only one (1) crossover. This will ensure <strong>the</strong> streetscape and on-street parkingwill not be affected. The single crossover to <strong>the</strong> street, taking up 14.47% <strong>of</strong> <strong>the</strong> frontage, isacceptable given that <strong>the</strong> standard requires that no more than 33% <strong>of</strong> <strong>the</strong> frontage should betaken up by vehicle accessways.Adequate turning areas are provided to allow <strong>the</strong> vehicles to enter and exit <strong>the</strong> site in aforward direction.Council’s Transport Unit has advised that pedestrian visibility spays (2m x 2.5m) be providedadjacent to <strong>the</strong> right-<strong>of</strong>-way and kept clear <strong>of</strong> all obstructions.Complies subject to conditionStandard B13: LandscapingThe surrounding landscape character is generally semi mature and informal with large openspaces and spacious setbacks.The open spaces and setbacks are generally large enough to provide sufficient landscaping.A detailed landscape plan will be required as a condition <strong>of</strong> any approval, along with <strong>the</strong>inclusion <strong>of</strong> two (2) suitable sized medium canopy trees, six (6) low to medium sized canopytrees and a tree protection zone (TPZ) around <strong>the</strong> nature strip tree (Lophostemon confertus).Complies subject to conditionStandard B15: Parking LocationParking facilities will be proximate to <strong>the</strong> dwellings <strong>the</strong>y serve.The proposed car parking area is an adequately secure form <strong>of</strong> parking.The access is observable.Page 67

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011The bedroom window <strong>of</strong> Dwelling 1 abuts <strong>the</strong> accessway and has sill heights <strong>of</strong> greater than1.4 however <strong>the</strong> setback is less than 1m which may mean <strong>the</strong> room will be impacted upon byvehicular use <strong>of</strong> <strong>the</strong> accessway.A condition will require that <strong>the</strong> window be treated with thick laminate to prevent noiseimpacting this room.Complies subject to conditionStandard B16: Parking ProvisionDwelling 1 has two (2) bedrooms and a study that is 1.8m by 2.4m in size. It has beenprovided with one (1) car parking space. Although <strong>the</strong> study is unlikely to be used as abedroom, a condition will require that <strong>the</strong> study be reduced in size to 2m wide by 2m long.Dwellings 2-6 each have one (1) bedroom and one (1) car parking space. AlthoughDwellings 2-5 have a study, <strong>the</strong> dimensions are 1.8m x 2.9m and <strong>the</strong>se areas are <strong>the</strong>reforeunlikely to be used as a bedroom, given <strong>the</strong>ir minimal size. Additionally, <strong>the</strong>y are open to <strong>the</strong>entry and must be used for access to <strong>the</strong> stairs.The car space dimensions comply with <strong>the</strong> standard for a 90 angle have ing 5.8m wideaccessway, 2.8m wide car spaces and a car space length <strong>of</strong> 6m (which exceeds <strong>the</strong>minimum 4.9m length).Although <strong>the</strong> parking provision for <strong>the</strong> dwellings is acceptable, a visitor parking space isrequired, which has not been provided in <strong>the</strong> proposal. Never<strong>the</strong>less, this is considered to beacceptable and in compliance with <strong>the</strong> objective in that:• There is ample public transport available in <strong>the</strong> area with a tramline along Plenty Road220 metres to <strong>the</strong> west.• The construction <strong>of</strong> a new concrete crossover and <strong>the</strong> reinstation <strong>of</strong> <strong>the</strong> existingcrossover ensures no reduction to <strong>the</strong> number <strong>of</strong> on-street car spaces.• There is on-street parking available in <strong>the</strong> area, with a broad street frontage to <strong>the</strong> site,capable <strong>of</strong> accommodating two (2) car spaces.• Council’s Transport Management and Planning Unit have indicated that <strong>the</strong> parkingprovision is acceptable and a visitor car space is not required.The car space sizes and access-way dimensions are acceptable.Complies subject to conditionStandard B17: Side and Rear SetbacksGround floorBoundary Wall height RequiredSetbackProposedsetbackComplianceDwelling 1 – north 3.5m 1m 4.9m YesDwelling 1 – south 3.5m 1m 4.44m YesDwelling 6 – north 3.1m 1m 5.05m YesDwelling 6 – south 3.2m 1m 2.88m YesDwelling 6 – west 3m 1m 1m YesPage 68

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011First FloorBoundary Wall height RequiredSetbackProposedsetbackComplianceDwelling 1 – north 6.3m 1.81m 8.2m YesDwelling 1 – south 6m 1.72m 5.4m YesDwelling 2-5 – northto balcony screen(highest point)Dwelling 2-5 – northto stairway (highestpoint)5.2m 1.48m 3.9m Yes6.12m 1.76m 4.7m YesDwelling 2-5 – south 6m 1.72m 3.8m YesDwelling 5 – west 6.7m 1.93m 4.95m YesWhile two storey built form in rear yards can be problematic and result in unreasonablevisual bulk impacts on adjacent properties, this is not <strong>the</strong> case in this instance and <strong>the</strong>arrangement can be justified as follows:• The side and rear setbacks for <strong>the</strong> new dwellings comply numerically with <strong>the</strong> side andrear setback objecives <strong>of</strong> Clause 55 and go well beyond this with an average upperlevel setback <strong>of</strong> 4.3 m from <strong>the</strong> nor<strong>the</strong>rn boundary; and 4.5m from <strong>the</strong> sou<strong>the</strong>rnboundary;• The height and scale <strong>of</strong> <strong>the</strong> building is broken up and well articulated via varying wallsurfaces and materials;• Low floor to ceiling heights <strong>of</strong> 2.4m;• A condition will require that <strong>the</strong> overall height <strong>of</strong> <strong>the</strong> development is lowered 0.6metres, thus lowering <strong>the</strong> two (2) storey form and helping to minimise any perceivedvisual detriment.The arrangement is considered to be acceptable and will not unreasonably impact on <strong>the</strong>adjacent rear yards and prevailing character <strong>of</strong> <strong>the</strong> area.CompliesStandard B18: Walls on BoundariesThe standard requires that a wall be <strong>of</strong> a length <strong>of</strong> no more than 10 metres plus 25% <strong>of</strong> <strong>the</strong>remaining length <strong>of</strong> <strong>the</strong> boundary <strong>of</strong> an adjoining lot, and a height not exceeding an average<strong>of</strong> 3.0 metres.Boundary andlengthMaximum lengthallowableProposed lengthProposed heightWest: 20.73m 12.68m 6.29m 3m from NGLPage 69

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011The west boundary wall will have a maximum average height <strong>of</strong> 3m above natural groundlevel (NGL) and is acceptable.CompliesStandard B22: OverlookingThe proposed ground floor levels have finished floor levels <strong>of</strong> less than 0.8m above naturalground level at <strong>the</strong> boundary. The proposed 1.8m high boundary fences will sufficiently limitoverlooking to comply with <strong>the</strong> standard.To <strong>the</strong> upper floors <strong>the</strong> following is noted;To <strong>the</strong> north, <strong>the</strong> upper floor balconies associated with Dwellings 2 and 5 will have screensto <strong>the</strong>ir perimeter, to a height <strong>of</strong> 1.7m above finished floor level with maximum 25%transparency, in accordance with <strong>the</strong> standard requirement, however section details will berequired by condition, to ensure compliance. The nor<strong>the</strong>rn highlight windows associated with<strong>the</strong>se dwellings, provide for nor<strong>the</strong>rn light and increased energy efficiency and have sillheights <strong>of</strong> approximately 2.7m above floor level. The nor<strong>the</strong>rn stairway window <strong>of</strong> Dwelling 1is set back 8m from <strong>the</strong> boundary, is well above <strong>the</strong> adjacent stair level and is not considereda habitable room and <strong>the</strong>refore will not overlook adjoining secluded private open space orhabitable room windows.To <strong>the</strong> south, <strong>the</strong> bedroom and en-suite windows associated with Dwellings 2 and 5 arenoted as having obscure glass, however a condition will require that <strong>the</strong> notation associatedwith <strong>the</strong> bedroom windows ensures <strong>the</strong> glass is obscure and fixed to 1.7m above finishedfloor level (FFL).Windows to <strong>the</strong> east will overlook <strong>the</strong> street and are acceptable.There are no upper floor windows to <strong>the</strong> west and <strong>the</strong> balcony <strong>of</strong> Dwelling 5 will havescreening to 1.7m above FFL.Complies subject to conditionStandard B24: Noise ImpactsThere are no obvious noise sources to or from <strong>the</strong> development.A condition <strong>of</strong> any approval will require plant to be located and/or baffled to preventdetrimental noise.Complies subject to conditionStandard B32: Front FencesThere is no proposed front boundary fence, which allows views from <strong>the</strong> street to <strong>the</strong> frontfaçade and is appropriate. A condition will require that a notation be added to <strong>the</strong> plans toconfirm that no front fence is proposed.Complies subject to conditionCONCLUSIONSubject to conditions, <strong>the</strong> proposal complies with all relevant <strong>planning</strong> policies and <strong>planning</strong>scheme requirements. It is recommended that a Notice <strong>of</strong> Decision to Grant a PlanningPermit be issued.Page 70

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011POLICY IMPLICATIONSEnvironmental SustainabilityAll new dwellings are required to achieve a minimum five (5) star energy rating under <strong>the</strong>relevant building controls.Social Inclusion and DiversityNil.O<strong>the</strong>rNil.FINANCIAL AND RESOURCE IMPLICATIONSThere are no financial or resource implications as a result <strong>of</strong> <strong>the</strong> determination <strong>of</strong> thisapplication.FUTURE ACTIONSNilDISCLOSURE OF INTERESTSSection 80C <strong>of</strong> <strong>the</strong> Local Government Act 1989 requires members <strong>of</strong> Council staff andpersons engaged under contract to provide advice to Council to disclose any direct orindirect interest in a matter to which <strong>the</strong> advice relates.The manager authorising this report, having made enquiries with relevant members <strong>of</strong> staff,reports that no disclosable interests have been raised in relation to this report.RELATED DOCUMENTSDarebin Planning Scheme.Planning and Environment Act (1987) as amended.Page 71

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011COMMITTEE DECISIONMOVED:SECONDED:Cr. N. KatsisCr. G. GrecoTHAT Planning Permit Application D/358/2011 be refused and a Notice <strong>of</strong> Refusal beissued on <strong>the</strong> following grounds:1. The development will present excessive visual bulk to <strong>the</strong> adjoining residentialproperties.2. There is insufficient differentiation between <strong>the</strong> ground and first floor facades torespect <strong>the</strong> existing built form <strong>of</strong> dwellings in Ashton Street.3. Double storey dwellings in <strong>the</strong> rear yard are not part <strong>of</strong> <strong>the</strong> neighbourhoodcharacter <strong>of</strong> <strong>the</strong> area.4. The number <strong>of</strong> dwellings will have a detrimental impact on traffic flow alongAshton Avenue and <strong>the</strong> amenity <strong>of</strong> surrounding local streets.5. The proposed development does not provide enough opportunity forlandscaping.CARRIEDPage 72

PLANNING COMMITTEE MINUTES 24 OCTOBER 20116. OTHER BUSINESS6.1 LIST OF SCHEDULED VCAT APPEALSFollowing is a list <strong>of</strong> scheduled VCAT appeals for <strong>the</strong> information <strong>of</strong> <strong>the</strong> Planning Committee.The table includes appeals heard as well as those scheduled for <strong>the</strong> coming months.Decisions underlined not in accordance with delegate’s recommendation.COMMITTEE DECISIONMOVED:SECONDED:Cr. G. GrecoCr. T. LaurenceTHAT <strong>the</strong> list <strong>of</strong> Scheduled VCAT Appeals be noted.CARRIEDPage 73

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011DELEGATE DECISIONS BEFORE VCATJune 2011Date/Time <strong>of</strong>HearingFri 3 D479/2010Tue 21 D855/2009App No. Property / Ward Proposal1 Morgan Street PrestonCazaly145B Station StreetFairfieldRuckerConstruct a double storeydwelling to <strong>the</strong> rear <strong>of</strong> <strong>the</strong>existing dwelling (dualoccupancy)Buildings and works;increase seating capacity<strong>of</strong> existing restaurant (52to 72 seats) and waivingcar parking requirementCouncilDecision/Nature <strong>of</strong>AppealNotice <strong>of</strong>DecisionObjectorappealNotice <strong>of</strong>DecisionObjectorappealVCAT DecisionPermitPermitResultDelegate decision up<strong>held</strong>Delegate decision up<strong>held</strong>July 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCAT DecisionResultWed 6 D637/20101 Nisbett StreetReservoirCazalyConstruct 2 dwellings(dual occupancy)RefusalApplicantappealPermitDelegate decisionoverturnedWed 13 D283/201026 Youngman StreetPrestonCazalyConstruct 2 dwellings(dual occupancy)PermitConditionsreviewPermitParties in agreementDelegate decision up<strong>held</strong>(in part)Page 74

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011July 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCAT DecisionResultWed 20D182/2009/A 22 Reid Street NorthcoteSection 72 amendment to<strong>the</strong> plansNotice <strong>of</strong>DecisionObjectorappealPermitDelegate decision up<strong>held</strong>August 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCAT DecisionResultTue 2 D938/2010Thu 4 D692/20101 / 29 Barton StreetReservoirLa Trobe107 Gilbert Road PrestonCazalyUpper storey addition toan existing dwelling on alot less than 300m 2Use <strong>of</strong> land for aconvenience restaurant(pizzeria/cafe), display <strong>of</strong>advertising signage andconstruction <strong>of</strong> a flueNotice <strong>of</strong>DecisionObjectorappealNotice <strong>of</strong>DecisionObjectorappealPermitPermitApplicantwithdrewappeal – nolonger leasingpremises –Refusal issuedDelegate decision up<strong>held</strong>NB. Merits not determinedPage 75

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011August 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCAT DecisionResultFri 19 D740/2010612 Murray RoadPrestonCazalyConstruction <strong>of</strong> 4attached 2-storeydwellingsRefusal (hadan appealagainstfailure todeterminenot beenlodged)RefusalDelegate decision up<strong>held</strong>ApplicantappealSeptember 2011October 2011NB. No delegate decisions listed before VCAT in September or October 2011.Page 76

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011November 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCATDecisionResultThu 32.15pmD772/20091 Killara Street ReservoirCazalyDual occupancydevelopmentNotice <strong>of</strong>DecisionObjectorappealTue 152.15pmD9/2011200 Tyler Street PrestonCazalyConstruction <strong>of</strong> two (2)double storey dwellings inaddition to <strong>the</strong> existingdwellingNotice <strong>of</strong>DecisionObjectorappealPage 77

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011PLANNING COMMITTEE DECISIONS BEFORE VCATJune 2011Date/Time <strong>of</strong>HearingThu 16 D168/2009App No. Property / Ward Proposal Council Decision52 Showers StreetPrestonCazalyConstruct nine (9)dwellingsRefusalVCATDecisionPermitCouncildecisionoverturnedKey Reasons / Comments The site is less than 1km to <strong>the</strong> PrestonCentral Activity Centre; with train, tramand bus services and schools all within500m, as well as being adjacent to publicopen space. Being located in a Residential 1 Zone,<strong>the</strong> proposed development is anopportunity to re-cycle a former industrialbuilding for residential use. The proposed development maintains<strong>the</strong> existing character <strong>of</strong> its (eastern)residential interface and will not change<strong>the</strong> impact <strong>of</strong> <strong>the</strong> wall on <strong>the</strong>neighbouring property’s amenity. The proposed additions to <strong>the</strong> existingbuilding provide an acceptable degree <strong>of</strong>protection for <strong>the</strong> amenity <strong>of</strong> <strong>the</strong> adjoiningproperty at 50 Showers Street. The proposed design goes toconsiderable lengths to adapt and utilise<strong>the</strong> existing building such that makingprovision for a single on-site visitor spaceby significantly altering <strong>the</strong> proposeddesigned is not warranted.Page 78

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011July 2011Date/Time <strong>of</strong>HearingTue 5 D108/2010App No. Property / Ward Proposal Council Decision79-81 MansfieldStreet ThornburyCazalyConstruct twelve(12) dwellingswithin a 3 storeybuildingRefusalApplicant appealagainst failure todetermineVCATDecisionRefusedCouncildecisionup<strong>held</strong>Key Reasons / Comments The development for multiple dwellingswould be consistent with housing policyas it accommodates additionalhouseholds that might o<strong>the</strong>rwise belocated on Melbourne’s fringes, andprovides more housing choice. Despite this, <strong>the</strong> Tribunal was notpersuaded that <strong>the</strong> design <strong>of</strong> <strong>the</strong>proposed building fits <strong>the</strong> preferredcharacter <strong>of</strong> <strong>the</strong> area or would not causeadverse amenity outcomes due to itsvisual bulk. The Tribunal went on to say –“I think it (<strong>the</strong> building) has been overdesigned and a simpler approach thatreflects <strong>the</strong> fine grained character <strong>of</strong>Mansfield Road would be a morecomfortable fit”. Despite <strong>the</strong> various non-complianceswith ResCode, <strong>the</strong> proposed on-site carparking was in excess <strong>of</strong> <strong>the</strong>requirements. The Tribunal noting thatonly <strong>the</strong> amount required by ResCode(not more) need be provided in future.Page 79

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011July 2011Date/Time <strong>of</strong>HearingMon 25(1 day)App No. Property / Ward Proposal Council DecisionD605/201019-25 & 29 StGeorges RoadNorthcoteRuckerUse as a farmersmarket, reductionin car parking anderection anddisplay <strong>of</strong>advertisingsignage on landwithin a HeritageOverlayNotice <strong>of</strong> DecisionObjector appealVCATDecisionAdjournedKey Reasons / CommentsAdjourned to an additional half day hearingon 6 September 2011 to obtain <strong>the</strong> views <strong>of</strong>VicRoads and whe<strong>the</strong>r <strong>the</strong>y seek to becomea party to <strong>the</strong> proceeding. VicRoadsrequested to be joined as a party to <strong>the</strong>proceeding.In turn, <strong>the</strong> permit applicant is to provideinformation on who is <strong>the</strong> public landmanager, and once known, to obtain <strong>the</strong>irconsent to <strong>the</strong> application for permit beingmade and for <strong>the</strong> proposed use.Page 80

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011August 2011Date/Time <strong>of</strong>HearingApp No.Fri 26 D437/2010Property /Ward948 HighStreetReservoirLa TrobeProposalConstruction <strong>of</strong> a 3storey building, reductionin car parking associatedwith use as a shop and 7dwellings, and waiveloading bayrequirementsCouncilDecisionNotice <strong>of</strong>DecisionObjectorappealVCATDecisionRefusalCouncildecisionoverturnedKey Reasons / Comments The proposal is fully supported by <strong>the</strong> PlanningScheme under <strong>the</strong> state and local <strong>planning</strong>policy frameworks in terms <strong>of</strong> land use(residential and shop), as <strong>the</strong> site is located in aneighbourhood activity centre and close to <strong>the</strong>Reservoir major activity centre. However, <strong>the</strong> Tribunal concluded that <strong>the</strong>deficiencies <strong>of</strong> <strong>the</strong> proposal (i.e. car parkingprovision and internal; amenity) cannot beresolved by permit conditions. In respect <strong>of</strong> car parking, <strong>the</strong> Tribunal supporteda reduction in car parking but not a total waiverfor <strong>the</strong> dwellings. The 1 on-site car space proposed was to beallocated for <strong>the</strong> shop, while <strong>the</strong> seven dwellingswould provide no on-site parking. Four <strong>of</strong> <strong>the</strong>dwellings were one-bedroom, <strong>the</strong> remainingthree were bed-sitters i.e. studios. Three <strong>of</strong> <strong>the</strong> seven dwellings (centrally located)would receive poor internal amenity, relying onlight courts and boundary windows. Should <strong>the</strong>adjoining property be developed to its boundary,it would affect <strong>the</strong> amenity <strong>of</strong> <strong>the</strong>se 3 dwellings. The objector’s request to summons Council’straffic engineer to give evidence at <strong>the</strong> hearingwas denied on <strong>the</strong> basis that “it is <strong>the</strong> Tribunal’stask to review Council’s decision and not how itarrived at its decision”. If <strong>the</strong> objector wanted toassist <strong>the</strong> Tribunal in traffic and parking matters,he would be entitled to call independent trafficevidence.Page 81

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011August 2011Date/Time <strong>of</strong>HearingApp No.Mon 29 D451/2010Property /Ward88RathminesStreetFairfieldRuckerProposalTwo storey apartmentbuilding comprising 8dwellings with 10 carparking spacesCouncilDecisionNotice <strong>of</strong>DecisionObjectorappealVCATDecisionPermitCouncildecisionup<strong>held</strong>Key Reasons / Comments Permit issued by consent <strong>of</strong> <strong>the</strong> parties. The agreement resulted in a number <strong>of</strong>changes including: moving <strong>the</strong> building closer to<strong>the</strong> street (fur<strong>the</strong>r away from <strong>the</strong> backyardrealm); additional screening treatments,improvement <strong>of</strong> on-site amenity by increasing<strong>the</strong> size <strong>of</strong> a balcony and details <strong>of</strong> plant andequipment so as to eliminate views from <strong>the</strong>public realm.Page 82

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011August 2011Date/Time <strong>of</strong>HearingMon 29(2 days)App No.D545/2010Property /Ward388-390HighStreetNorthcoteRuckerProposalConstruction <strong>of</strong> a 7storey mixed-usedevelopment (plusbasements) comprising44 dwellings, 3 retailtenancies, 3 <strong>of</strong>fices,reduction in car andbicycle parking, andwaive loading bayrequirementsCouncilDecisionRefusalVCATDecisionPermitCouncildecisionoverturnedKey Reasons / Comments The proposed design is innovate and appropriate. The site needs a landmark building to denoteentry to <strong>the</strong> precinct – <strong>the</strong> issue was whe<strong>the</strong>r 7storeys is appropriate. The Design and Development Overlay (Schedule14) which applies to <strong>the</strong> subject site sets out a“preferred” height limit <strong>of</strong> 5 storeys. The Tribunal considers 6 storeys is moreappropriate and a condition will be added to thateffect. The reason being that Council’s“preferred” height limit is 5 storeys, with 6 storeysproviding a more appropriate transition from <strong>the</strong> 5storey buildings currently under construction and<strong>the</strong> part 6 storey building nearing completion at469-481 High Street. Access to light for <strong>the</strong> sou<strong>the</strong>rn neighbours isdeemed appropriate by reducing <strong>the</strong> buildingheight (from 7 to 6 storeys) and requiring anadditional 1m sou<strong>the</strong>rn setback <strong>of</strong> <strong>the</strong> 5 th level. The Tribunal was satisfied that parking issatisfactory given <strong>the</strong> high level <strong>of</strong> public transportand close proximity <strong>of</strong> <strong>the</strong> site to <strong>the</strong> NorthcoteShopping Centre and o<strong>the</strong>r businesses in HighStreet. Demand for on-street parking for visitorswould not be so high as to cause issues to <strong>the</strong>surrounding area. The Tribunal commented that provision <strong>of</strong> <strong>the</strong> full8m2 balcony space requirement to some <strong>of</strong> <strong>the</strong>smaller units was not necessary, given that everyunit has some form <strong>of</strong> balcony, and public openspace being available in nearby All Nations Park.Page 83

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011September 2011Date/Time <strong>of</strong>HearingTue 6 D605/2010Thu 8(2 days)App No. Property / Ward Proposal Council DecisionD752/201019-25 & 29 StGeorges RoadNorthcoteRucker64-66 St GeorgesRoad NorthcoteRuckerUse as a farmersmarket, reduction incar parking anderection and display<strong>of</strong> advertisingsignage on landwithin a HeritageOverlayPartial demolition<strong>of</strong> existingbuildings andconstruction <strong>of</strong> a4 storey buildingcomprising 24apartments and areduction in carparkingNotice <strong>of</strong> DecisionObjector appealNotice <strong>of</strong> DecisionObjector appealVCATDecisionDecisionpendingPermitCouncildecisionup<strong>held</strong>Key Reasons / Comments(Refer above 25 July 2011) No argument about <strong>the</strong> extent <strong>of</strong>demolition proposed. Former industrial use. The site’s corner position, main roadlocation on <strong>the</strong> principal public transportnetwork, and <strong>planning</strong> history, suggestthat a residential development <strong>of</strong> agreater scale than exists on <strong>the</strong> site and<strong>the</strong> immediate environs is reasonable. The Tribunal did not consider <strong>the</strong>proposal to be unacceptable in respect <strong>of</strong>potential <strong>of</strong>f-site amenity impacts i.e.visual bulk, overshadowing, overlookingand noise. The allocation <strong>of</strong> car parking spacesaccords with clause 55. The Tribunal considered that while <strong>the</strong>proposal will bring more cars into <strong>the</strong>road network and using <strong>the</strong> lane, it wasnot deemed to give rise to undue safetyconcerns, congestion or conflict. Thetraffic evidence called by <strong>the</strong> PermitApplicant and advice <strong>of</strong> Council’s trafficengineers is to be preferred.Page 84

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011September 2011Date/Time <strong>of</strong>HearingMon 26 D603/2010App No. Property / Ward Proposal Council Decision164 St GeorgesRoad NorthcoteRuckerUse anddevelopmentcomprising <strong>the</strong>construction <strong>of</strong> a4 storey buildingconsisting <strong>of</strong> a 20seat restaurantand 8 dwellingsand reduction in<strong>the</strong> car parkingrequirementNotice <strong>of</strong> DecisionObjector appealVCATDecisionAdjournedKey Reasons / Comments Directions hearing listed for 23 November2011 to determine a question <strong>of</strong> law.Merits to be considered on 13 January2012.October 2011Date/Time <strong>of</strong>HearingMon 3(2 days)App No. Property / Ward Proposal Council DecisionD126/2011332-334 High StreetNorthcoteRuckerDemolition andconstruction <strong>of</strong> a 5storey building (plus2 basement levels)comprising 3 shopsand 48 dwellings,reduction in <strong>the</strong> carparkingrequirement andwaiver <strong>of</strong> loadingbay requirementRefusal (had anappeal againstfailure to determinenot been lodged)Applicant appealVCATDecisionPermitSettlementreached atmediationKey Reasons / Comments The Tribunal ordered that “<strong>the</strong> parties…agreed to settle <strong>the</strong> proceeding as aresult <strong>of</strong> mediation”, results in an orderfor <strong>the</strong> decision <strong>of</strong> <strong>the</strong> ResponsibleAuthority being set aside.Page 85

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011October 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward Proposal Council DecisionVCATDecisionKey Reasons / CommentsThu 6 D902/2010126A GladstoneAvenue NorthcoteRuckerUse land as arestaurant,buildings andworks andreduction in carparkingrequirementsNotice <strong>of</strong> DecisionObjector appealDecisionpendingFri 14 D358/201093 DarebinBoulevard ReservoirConstruction <strong>of</strong> 4dwellingsRefusalApplicant appealDecisionpendingMon 24(1 day)D236/2010595 Gilbert RoadPrestonConstruction <strong>of</strong> a3 storey building(retention <strong>of</strong>ground floorshop) with 6dwellings andreduction in carparkingrequirementsRefusalApplicant appealDecisionpendingPage 86

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011November 2011Date/Time <strong>of</strong>HearingWed 3010.00am(1 day)App No. Property / Ward Proposal Council DecisionD682/2010115-125 VictoriaRoad NorthcoteRuckerConstruction <strong>of</strong> afour storeybuildingcomprising 20apartments and areduction to <strong>the</strong>car parkingrequirementassociated with<strong>the</strong> apartmentsand one (1) shopRefusal(Had an appealagainst failure todetermine not beenlodged)Applicant appealVCATDecisionKey Reasons / CommentsDecisions underlined not in accordance with delegate’s recommendation.Page 87

PLANNING COMMITTEE MINUTES 24 OCTOBER 20116.2 SIGNIFICANT APPLICATIONS UPDATEBelow is a list <strong>of</strong> applications with a cost <strong>of</strong> construction <strong>of</strong> at least $3,000,000 currentlyunder consideration.• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• 205 Bell Street, Preston (Bell City)• Cazaly• D700/2010• Construction <strong>of</strong> a mixed use developmentcomprising, dwellings, residential hotel,function/conference centre, food and drinkpremises and <strong>of</strong>fices• 30 September 2010• Awaiting amended plans to be submitted• 215 Bell Street, Preston (Bell City)• Cazaly• D704/2010• Construction <strong>of</strong> an <strong>of</strong>fice building• 30 September 2010• Awaiting amended plans to be submitted• 1/62 Oakover Road, Preston• Cazaly• D776/2010• Construction <strong>of</strong> a residential developmentcontaining 50 dwellings• 22 October 2010• Advertising completed• 285 Plenty Road, Preston• Cazaly• D793/2010• Construction <strong>of</strong> a residential developmentcontaining 24 dwellings over six (6) storeys• 29 October 2010• Advertising completed• 350 Murray Road, Preston• Cazaly• D980/2010• Construction <strong>of</strong> a mixed use development withina seven (7) storey building• 30 December 2010• Request for fur<strong>the</strong>r information sent• 161-195 High Street, Preston (Windsor Smith)• Cazaly• D75/2011• Construction <strong>of</strong> an eight (8) storey buildingcontaining dwellings• 17 February 2011• Consultation <strong>meeting</strong> <strong>held</strong>• 7 Warrs Avenue, Preston• CazalyPage 88

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• D112/2011• Construction <strong>of</strong> a six (6) storey buildingcontaining 42 dwellings• 25 February 2011• Appeal lodged with VCAT• 55Tyler Street, Preston• Cazaly• D113/2011• Construction <strong>of</strong> a two (2) storey buildingcontaining classrooms.• 1 March 2011• Referral sent• 58 Clarendon Street, Thornbury• Rucker• D114/2011• Construction <strong>of</strong> a three (3) storey buildingcontaining 16 dwellings• 2 March 2011• Advertising completed• 1091 Plenty Road, Bundoora (Smorgy’s site)• La Trobe• D173/2011• Construction <strong>of</strong> a mixed use developmentcontaining 551 dwellings, nine (9) food and drinkpremises, a conference centre, within buildingsup to 10 storeys• 23 March 2011• Request for fur<strong>the</strong>r information sent• 43-47 Simpson Street, Northcote• Rucker• D247/2011• Construction <strong>of</strong> a mixed use developmentcontaining 21 dwellings two (2) home <strong>of</strong>fices anda shop within a three (3) storey building• 12 April 2011• Advertising completed• 10 Clinch Avenue, Preston• Cazaly• D251/2011• Construction <strong>of</strong> a multi level residentialdevelopment containing 95 dwellings• 14 April 2011• Report to Planning Committee Meeting on 24October 2011• 154-156 High Street, Preston• Cazaly• D311/2011• Construction <strong>of</strong> a mixed use developmentcontaining 49 dwellings and two (2) shops withina seven (7) storey building• 5 May 2011Page 89

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• Referral sent• 445 High Street, Northcote• Rucker• D319/2011• Construction <strong>of</strong> a mixed use developmentcontaining 97 dwellings and five (5) commercialpremises within a multi level building• 6 May 2011• Advertising completed• 600-606 Plenty Road, Preston• Cazaly• D320/2011• Construction <strong>of</strong> a five (5) level residentialdevelopment containing 50 dwellings• 6 May 2011• Currently advertising• 2/3A Newlands Road, Reservoir• La Trobe• D374/2011• Construction <strong>of</strong> a mixed use developmentcontaining nine (9) warehouse/showrooms andone (1) food and drink premises• 24 May 2011• Currently advertising• 69 Edwardes Street, Reservoir• La Trobe• D399/2011• Construction <strong>of</strong> a multi unit development• 30 May 2011• Request for fur<strong>the</strong>r information sent• 677 Plenty Road, Reservoir• Cazaly• D404/2011• Construction <strong>of</strong> a mixed use developmentcontaining 48 dwellings and two (2) commercialpremises within a multi level building• 31 May 2011• Appeal lodged with VCAT• 679-685 High Street, Thornbury• Rucker• D431/2011• Construction <strong>of</strong> a mixed use developmentcontaining ground floor retail and residential over(5) storeys• 8 June 2011• Notice <strong>of</strong> Decision to Grant a Planning Permitissued• 56-58 St Georges Road, Northcote• Rucker• D481/2011Page 90

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Address• Ward• Application No• ProposalDescription• Date Received• Status• Construction <strong>of</strong> a mixed use developmentcontaining 35 dwellings and two (2) ground floorshops within a six (6) level building• 23 June 2011• Currently advertising• 208 Arthur Street, Fairfield• Rucker• D661/2011• Construction <strong>of</strong> a residential developmentcontaining 22 dwellings over three (3) levels• 18 August 2011• Request for fur<strong>the</strong>r information sent• 2-8 Clinch Avenue, Preston• Cazaly• D666/2011• Construction <strong>of</strong> a multi storey residentialdevelopment containing 100 dwellings• 22 August 2011• Referral sent• 15A Anderson Road, Thornbury• Cazaly• D688/2011• Construction <strong>of</strong> alterations and additions, signageand to change <strong>the</strong> use to a museum and foodand drinks premises• 26 August 2011• Awaiting preliminary assessment• 67-69 High Street, Preston• Cazaly• D691/2011• Construction <strong>of</strong> a mixed use developmentcontaining 85 dwellings and four (4) shops over11 levels• 29 August 2011• Advertising completed• 708A Plenty Road, Reservoir• Cazaly• D753/2011• Construction <strong>of</strong> a mixed use developmentcontaining dwellings and shops over four (4)levels• 16 September 2011• Awaiting preliminary assessment• 31-33 Comas Grove and 2A Hill Street,Thornbury• Cazaly• D807/2011• Multi unit development containing 47 dwellingsover four (4) levels and basement carparking• 30 September 2011• Referrals sentPage 91

PLANNING COMMITTEE MINUTES 24 OCTOBER 2011• Address• Ward• Application No• ProposalDescription• Date Received• Status• 830 Plenty Road, Reservoir• Cazaly• D829/2011• Mixed use development containing 319 dwellingsand three (3) commercial tenancies containedwithin a 9 and a 15 level building with basementcarparking• 7 October 2011• Awaiting preliminary assessmentCOMMITTEE DECISIONMOVED:SECONDED:Cr. G. GrecoCr. T. LaurenceTHAT <strong>the</strong> Significant Applications Update be noted.CARRIEDPage 92

PLANNING COMMITTEE MINUTES 24 OCTOBER 20117. CLOSE OF MEETINGThe <strong>meeting</strong> closed at 6.07 pm.Page 93