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

MINUTES OF THEPLANNING COMMITTEE MEETINGHELD ON25 JULY 2011RELEASED TO THE PUBLIC ON THURSDAY 28 JULY 2011

PLANNING COMMITTEE MINUTES 25 JULY 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/194/2011 .......................................................2Lot 3 and Common Property, 159 Heidelberg Road, Northcote ..........................................25.2 APPLICATION FOR PLANNING PERMIT D/238/2011 12 Mihil Street, Preston...............215.3 APPLICATION FOR PLANNING PERMIT D/227/2009 28-30 Hutton Street, Thornbury ..375.4 APPLICATION FOR PLANNING PERMIT D/791/2010 50 Arthurton Road, Northcote.....565.5 APPLICATION FOR PLANNING PERMIT D/790/2010 210 Gillies Street, Fairfield..........746. OTHER BUSINESS.....................................................................................................896.1 List <strong>of</strong> Scheduled VCAT Appeals.......................................................................................896.2 Significant Applications Update........................................................................................1067. CLOSE OF MEETING...............................................................................................111

PLANNING COMMITTEE MINUTES 25 JULY 2011MINUTES OF THE MEETING OF THE PLANNINGCOMMITTEE OF DAREBIN CITY COUNCIL HELD ATDAREBIN CIVIC CENTRE ON 25 JULY 20111. PRESENTCouncillorsCr. Vince Fontana (Chairperson)Cr. Gaetano GrecoCr. Nick KatsisCr. Tim LaurenceCr. Steven Tsitas (5.35pm)THE MEETING COMMENCED AT 5.30 PMThe Mayor, Cr. Asmar was present at <strong>the</strong> start <strong>of</strong> <strong>the</strong> <strong>meeting</strong>.Council OfficersMichael Ballock – Director City Works and DevelopmentDarren Rudd – Manager City DevelopmentCristen Sullivan – Coordinator Statutory PlanningRon Downes – Council Business CoordinatorUpon commencement <strong>of</strong> <strong>the</strong> <strong>meeting</strong>, <strong>the</strong> Mayor, Cr. Asmar, verbally informed <strong>the</strong><strong>meeting</strong> that a legal intervention order had been made in relation to one <strong>of</strong> <strong>the</strong> matters<strong>the</strong> subject <strong>of</strong> report on <strong>the</strong> Planning Committee Agenda and that this obliged affectedparties to leave <strong>the</strong> Council Chamber.2. APOLOGIESAn apology was lodged for <strong>the</strong> initial absence <strong>of</strong> Cr. Tsitas.3. DISCLOSURES OF CONFLICTS OF INTERESTNil.4. CONFIRMATION OF MINUTES OF THE PLANNING COMMITTEECOMMITTEE DECISIONMOVED:SECONDED:Cr. N. KatsisCr. G. GrecoTHAT <strong>the</strong> Minutes <strong>of</strong> <strong>the</strong> Planning Committee <strong>meeting</strong> <strong>held</strong> on 11 July 2011 beconfirmed as a correct record <strong>of</strong> business transacted.CARRIEDPage 1

PLANNING COMMITTEE MINUTES 25 JULY 20115. CONSIDERATION OF REPORTS5.1 APPLICATION FOR PLANNING PERMIT D/194/2011Lot 3 and Common Property, 159 Heidelberg Road, NorthcoteAUTHOR:DIRECTOR:Principal Planner – Gavin CrawfordDirector City Works and Development – Michael BallockSUMMARY:• Construct a four (4) storey caretaker’s house (partly retrospective) with four bedroomsand 19.6 square metres private open space, reduction in car parking from 11 on sitecar spaces to 9 on site car spaces with one (1) car space allocated to <strong>the</strong> caretaker’shouse.• 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> Refusal.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.• Fifteen (15) objections were received against <strong>the</strong> application.• No consultative <strong>meeting</strong> was <strong>held</strong>.• The application has been referred internally to:- Council’s Solicitors,- Capital Works Branch (no objection); and,- Transport Branch (objection),and externally to:- Melbourne Water (no objection subject to conditions).RECOMMENDATIONTHAT Planning Permit Application D/194/2011 be refused and a Notice <strong>of</strong> Refusal beissued on <strong>the</strong> following grounds:1. The proposed building's height and setbacks result in unreasonable levels <strong>of</strong> visualbulk and loss <strong>of</strong> daylight to <strong>the</strong> adjacent studio / caretaker’s house at 7 WestfieldStreet (west), impacting detrimentally upon its amenity.2. The proposed building will overlook <strong>the</strong> habitable room windows <strong>of</strong> its western andnor<strong>the</strong>rn residential abuttals, impacting detrimentally upon <strong>the</strong>ir amenity.Page 2

PLANNING COMMITTEE MINUTES 25 JULY 20113. Pedestrian access from Albert Street provides a poor design response for personsaccessing <strong>the</strong> proposed caretaker’s house contrary to Clause 15.01-4 <strong>of</strong> <strong>the</strong> DarebinPlanning Scheme.4. The proposed building does not provide for effective pedestrian movement in oraround <strong>the</strong> parking area, with all car spaces in <strong>the</strong> north-east corner constrained bywalls which will impact detrimentally upon <strong>the</strong> operation <strong>of</strong> <strong>the</strong> common property andon-street car parking in <strong>the</strong> area, contrary to Clause 52.06-2 <strong>of</strong> <strong>the</strong> Darebin PlanningScheme.5. The proposed caretaker’s house is not sufficiently integrated with <strong>the</strong> existing selfstorage use, as it will be separated from that use, will be located partly on commonproperty, provides little to no surveillance <strong>of</strong> <strong>the</strong> existing use and is inconsistent withClause 22.07 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.6. The size <strong>of</strong> <strong>the</strong> proposed caretaker’s house undermines <strong>the</strong> purposes<strong>of</strong> industrial zoned land and is inconsistent with Clause 17.02, Clause 21.05-5, Clause22.07 and Clause 33.03 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.7. The design, materials and articulation <strong>of</strong> <strong>the</strong> proposed building is inconsistent with <strong>the</strong>character <strong>of</strong> <strong>the</strong> area and contrary to Clause 15.01-1 and Clause 22.07 <strong>of</strong> <strong>the</strong> DarebinPlanning Scheme.8. The proposed reduction in car parking will impact detrimentally upon <strong>the</strong> amenity <strong>of</strong><strong>the</strong> locality and is inconsistent with Clause 52.06 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme,providing insufficient car parking for <strong>the</strong> existing self storage use and <strong>the</strong> proposedcaretaker’s house.9. The proposal provides insufficient landscaping opportunities and is inconsistent withClause 15.01-5 and Clause 22.07 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.10. The proposal is not in accordance with Clause 63.05 and Clause 63.12 <strong>of</strong> <strong>the</strong> DarebinPlanning Scheme.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.Page 3

PLANNING COMMITTEE MINUTES 25 JULY 2011The buildings and works were commenced after <strong>the</strong> permit expired without a valid <strong>planning</strong>permit and Council is pursuing enforcement / legal action in relation to this matter.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. It appears that byundertaking buildings and works and reducing car parking under <strong>planning</strong> permit D/909/03buildings and works can not legally commence under <strong>planning</strong> permit D/164/2002. Thereare some discrepancies between <strong>the</strong> endorsed plans and <strong>the</strong> development as constructedand <strong>the</strong> applicant has been advised to regularise this matter.Planning Permit D/909/2005 was issued to <strong>the</strong> former Lot 5 / 159 Heidelberg Road at <strong>the</strong>direction <strong>of</strong> <strong>the</strong> Victorian Civil and Administrative Tribunal on <strong>the</strong> 28 July 2006 allowingsubdivision into 9 lots (Lots 9 to 17). Condition 5 required <strong>the</strong> submission <strong>of</strong> a parkingmanagement plan with Lots 13, 14 and 15 to share car spaces. See <strong>the</strong> following section inthis report for additional details <strong>of</strong> permits issued to <strong>the</strong>se lots.Lot 15 / 159 Heidelberg Road is currently operating as part <strong>of</strong> <strong>the</strong> self storage business. Thisland does not form part <strong>of</strong> <strong>the</strong> existing use at Lot 3 / 159 Heidelberg Road, is not part <strong>of</strong> <strong>the</strong>current application and <strong>the</strong> applicant has been directed to make a separate <strong>planning</strong> permitapplication seeking to regularise this warehouse use or to demonstrate existing use rights forthis use.It appears 190 square metres <strong>of</strong> <strong>the</strong> south-west first floor part <strong>of</strong> Lot 3 / 159 HeidelbergRoad was previously used 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 establishedand <strong>the</strong> application shows this area as <strong>of</strong>fice associated with <strong>the</strong> self storage use. Theapplicant advises that this caretaker’s house was vacated in February 2011 and inspectionsby <strong>planning</strong> <strong>of</strong>ficers have determined that this part <strong>of</strong> <strong>the</strong> site is currently being used illegallyas a separate <strong>of</strong>fice. Planning application D/459/2011 was lodged 16 June 2011 toretrospectively regularise this <strong>of</strong>fice premises.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 Roadand has street frontages to Westfield Street (to <strong>the</strong> east), Albert Street to <strong>the</strong> rear (north)and Holmes Street (to <strong>the</strong> west). It has a frontage 61.76 m to Heidelberg Road, 59.5 m toWestfield Street, 80.47m to Albert Street and 44 m to Holmes Street. It contains an industrialestate occupied by a number <strong>of</strong> buildings <strong>of</strong> varying size and character and associated carparking areas.The subject land is part <strong>of</strong> Lot 3 and part <strong>of</strong> <strong>the</strong> common property on PS 336036 E. Lot 3 isin two parts with a total area <strong>of</strong> 1085 square metres, with 156 square metres used to provide11 car spaces. Part A (where <strong>the</strong> development and use is proposed) comprises seven (7)car spaces 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 below and with an area <strong>of</strong> 90 square metres. Part B measures 995 square metresand is in <strong>the</strong> south-west corner <strong>of</strong> <strong>the</strong> land fronting Westfield Street and Heidelberg Roadcomprises four (4) car spaces and a two storey plus basement building with a frontage <strong>of</strong>Page 4

PLANNING COMMITTEE MINUTES 25 JULY 201139.5m to Heidelberg Road and 33.29m to Westfield Street. The self storage facility has anet floor area <strong>of</strong> 2325 square metres.As stated above, <strong>the</strong> site is part <strong>of</strong> a larger warehouse/industrial complex with two storeyindustrial premises constructed to <strong>the</strong> common boundary to <strong>the</strong> west and south <strong>of</strong> <strong>the</strong> site.The older industrial uses/building has been subdivided into smaller commercial and industrialuses with a number <strong>of</strong> <strong>of</strong>fice studio / caretaker’s houses (see below for fur<strong>the</strong>r information).To <strong>the</strong> north is Albert Road, a 6m wide road with no footpath characterised by two storeycommercial / warehouse / converted dwellings constructed on <strong>the</strong> frontage with a functionsimilar to a laneway.On <strong>the</strong> north side <strong>of</strong> Albert Street is <strong>the</strong> brick two storey dwellings at 5 Westfield Road and24 Albert Street, both <strong>of</strong> which are converted warehouses with windows facing <strong>the</strong> subjectsite located on <strong>the</strong> street frontage at ground floor and first floor (5 Westfield Street only).Directly to <strong>the</strong> west <strong>of</strong> Lot 3 Part A is Lot 13 / 7 Westfield Street fronting Albert Street adouble storey building (see below for fur<strong>the</strong>r information).To <strong>the</strong> south-west is a double storey building at Lot 14 / 9 Westfield Street (see below forfur<strong>the</strong>r information).To <strong>the</strong> south is common property with seven (7) car spaces for Lots 9 to 15 accessed fromWestfield Street.Fur<strong>the</strong>r to <strong>the</strong> north and east (on <strong>the</strong> opposite side <strong>of</strong> Westfield Street) are largely single anddouble storey scale buildings with 12 Albert Street and 181 Heidelberg Road in a heritageoverlay.Planning permits issued in <strong>the</strong> area since Council considered <strong>planning</strong> applicationD/164/2002 include:• Planning Permit D/912/2005 issued at 14 Albert Street on 5 May 2006 for 14 dwellings(16 required car spaces were provided).• Planning Permit D/366/2007 issued to Lot 16 / 159 Heidelberg Road on 22 October2007 for an art studio (<strong>of</strong>fice) (one (1) <strong>of</strong> <strong>the</strong> eight (8) required car spaces provided). Aconcession <strong>of</strong> seven (7) car parking spaces was supported with this approval.• Planning permit D/495/2007 issued at Lot 10 / 23 Albert Street on 26 February 2008for a warehouse and associated car parking reduction (one (1) <strong>of</strong> <strong>the</strong> two (2) requiredcar spaces provided). A concession <strong>of</strong> one (1) car parking space was supported withthis approval.• Planning Permit D/586/2007 issued at Lot 13 / 7 Westfield Street issued on 11 March2008 for use <strong>of</strong> land as a visual arts studio. The permit was amended in 5 May 2011 toallow a caretaker's residence, however <strong>the</strong> use has not yet commenced (one (1) <strong>of</strong> <strong>the</strong>eight (8) required car spaces were provided).• Planning Permit D/825/2007 issued at Lot 11 / 21 Albert Street on 12 June 2008 for an<strong>of</strong>fice and reduction in car parking (one (1) <strong>of</strong> <strong>the</strong> six (6) required car spaces provided).A concession <strong>of</strong> five (5) car parking spaces was supported with this approval.• Planning permit D/48/2008 issued to 32 Albert Street by VCAT on 17 March 2009 for 7dwellings (10 <strong>of</strong> <strong>the</strong> 11 required car spaces provided). With no parking provided inAlbert Street with on street parking for visitors was relied upon in Westfield Street andHolmes Street. A concession <strong>of</strong> one (1) car parking space was supported with thisapproval.Page 5

PLANNING COMMITTEE MINUTES 25 JULY 2011• Planning Permit D/405/2009 issued to Lot 8 / 159 Heidelberg Road 15 December for aCaretaker's Residence and a private artist's Studio with 2 car spaces provided.• Planning Permit D/308/2010 issued at Lot 14 / 9 Westfield Street for use <strong>of</strong> land as astudio (photographic and interior design) and caretaker’s house (one (1) <strong>of</strong> <strong>the</strong> eight(8) required car spaces provided). A concession <strong>of</strong> seven (7) car parking spaces wassupported with this approval.• Planning Permit D/557/2010 issued at Lot 12 / 19 Albert Street on 18 January 2011 foran <strong>of</strong>fice (design studio) and caretaker’s house with a reduction in car parking (one (1)<strong>of</strong> <strong>the</strong> four (4) required car spaces provided). A concession <strong>of</strong> three (3) car parkingspaces was supported with this approval.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 a caretaker’s house.• 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.• Pursuant to Clause 52.06-2 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme before a new usecommences or before buildings and works associated with that use or an existing useis constructed <strong>the</strong> consent <strong>of</strong> <strong>the</strong> Responsible Authority is required for <strong>the</strong> car parklayout.• Pursuant to Clause 63.05 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme a <strong>planning</strong> permit isrequired for buildings and works.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).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).Page 6

PLANNING COMMITTEE MINUTES 25 JULY 2011INTERNAL REFERRALSTransport Branch• Car spaces adjacent to solid walls must be widened by 300mm as per AS2890.1. forpedestrian access. 2.4m wide car spaces are not acceptable.• A loading bay is to be shown inside <strong>the</strong> existing warehouse and no loading is to takeplace on common property.• The abutting area currently has a very high on-street parking occupancy rate. Anyfur<strong>the</strong>r reduction in <strong>of</strong>f-street parking may be detrimental to <strong>the</strong> area and should not besupported unless <strong>the</strong> applicant provides very good reasons why.EXTERNAL REFERRALSMelbourne Water• No objection subject to conditions.OBJECTIONS• 15 Objections.Objections summarised1. Overlooking to north (across Albert Street), to <strong>the</strong> east (across Westfield Street) and to<strong>the</strong> west.2. Impacts upon views <strong>of</strong> <strong>the</strong> sky.3. Height and scale inappropriate / impacts upon streetscape, neighbourhood andheritage character, and non-compliance with Clause 22.04 Neighbourhood Characterpolicy. Inappropriate construction materials, external finishes and colours. Balconiesinconsistent with Neighbourhood Character / non compliance with Clause 15.01.4. Impacts upon property values / negative financial impacts.5. Inappropriate setbacks and pedestrian safety / visibility blocked into Albert Street.6. Illegal buildings and works on <strong>the</strong> land - Council should have no regard <strong>the</strong> existingstructures.7. The proposal is inconsistent with <strong>the</strong> areas demographic which has gentrified since <strong>the</strong>original caretaker’s house application into a dynamic creative and cultural precinct withyoung artists and creative business people now residing and working in <strong>the</strong> area.8. Insufficient car parking for such a large dwelling, loss <strong>of</strong> car parking associated with<strong>the</strong> self storage use with <strong>the</strong> building over Lot 3 and non-compliance <strong>planning</strong> permitPD7741 and D/908/2003.9. Impacts <strong>of</strong> trucks loading and unloading in association with <strong>the</strong> existing self storagebusiness / no loading facilities / contravention <strong>of</strong> owners corporation rules.10. Overdevelopment.11. The proposal is a prohibited family dwelling contrary to Clause 22.07 and is not acaretaker’s house given its size, is separate from <strong>the</strong> self storage use, provides lesssecurity / monitoring <strong>of</strong> <strong>the</strong> self storage use (existing security cameras address this),Page 7

PLANNING COMMITTEE MINUTES 25 JULY 2011does not assist in <strong>the</strong> operation <strong>of</strong> <strong>the</strong> self storage use (loading and unloading / selfstorage not assisted storage) and is not integrated with <strong>the</strong> self storage use.12. The previous caretaker’s house (first floor south west corner) already met <strong>the</strong> minimalcaretaker needs and was more integrated with <strong>the</strong> self storage use / multiplecaretaker’s houses on <strong>the</strong> land / associated with <strong>the</strong> self storage use.13. Landscaping will limit pedestrian access in Albert Street.14. Site context plan is inaccurate.15. Plumbing services cannot be provided.16. Loss <strong>of</strong> light to windows to <strong>the</strong> west.17. Visual bulk impacts.18. The proposed use adversely impacts upon <strong>the</strong> primary use <strong>of</strong> <strong>the</strong> zone.19. Noise impacts.20. Lack <strong>of</strong> shadow diagrams.21. Insufficient turning areas.22. Illegal <strong>of</strong>fice / dwelling premises at first floor in south-west corner <strong>of</strong> <strong>the</strong> site / noncompliancewith <strong>planning</strong> permit D/908/2003 (balcony construction)23. Dishonest applicant24. Development located on <strong>the</strong> common propertyOfficer comment on summarised objections1. See assessment under overlooking.2. See assessment under landmarks views and vistas.3. See assessment under buildings and works / urban design below.4. Impact upon property value and financial impacts are not a valid <strong>planning</strong>consideration.5. The proposal has been referred to Council’s Transport branch who have raised noconcerns about <strong>the</strong> pedestrian access arrangements.6. It is acknowledged that <strong>the</strong> application seeks to regularise <strong>the</strong> illegal buildings andworks. The application must be assessed on its merits.7. The area is in an industrial zone and <strong>the</strong> proposal is a for a caretaker’s house inassociation with an existing and legitimate self storage (warehouse) use. Councilcannot assess <strong>the</strong> existing use and any discrimination against <strong>the</strong> type <strong>of</strong> residents ina caretaker’s house is not a valid <strong>planning</strong> consideration. The issue is whe<strong>the</strong>r <strong>the</strong>proposal is a caretaker’s house.8. See assessment under car parking below.9. See assessment under loading and unloading below.10. Having regard to <strong>the</strong> Industrial 3 Zoning <strong>of</strong> <strong>the</strong> land <strong>the</strong> proposal is not anoverdevelopment.11. See assessment under supervisory role and size <strong>of</strong> caretaker’s house below.12. See assessment under multiple caretaker’s house below.Page 8

PLANNING COMMITTEE MINUTES 25 JULY 201113. The lack <strong>of</strong> a footpath is an existing condition <strong>of</strong> <strong>the</strong> street. There are no carriagewayrights available to <strong>the</strong> public over <strong>the</strong> subject land and it is beyond <strong>the</strong> scope <strong>of</strong> <strong>the</strong>application to require <strong>the</strong> provision <strong>of</strong> public pedestrian access over <strong>the</strong> subject land.14. The context plan has been revised to reflect existing surrounding uses anddevelopment.15. Provision <strong>of</strong> plumbing services is not a relevant <strong>planning</strong> consideration. This is abuilding permit matter.16. See assessment under overshadowing below.17. See assessment under urban design and visual bulk below.18. See assessment under use <strong>of</strong> land below.19. The proposal will not introduce inappropriate noise into <strong>the</strong> area. Traffic noiseassociated with <strong>the</strong> application will be negligible.20. There are no private open spaces in proximity to <strong>the</strong> site which will be overshadowedand shadow diagrams are not required.21. See assessment under car parking below.22. See site history. These matters are to be addressed as part <strong>of</strong> application D/459/2011for <strong>the</strong> <strong>of</strong>fice at first floor in <strong>the</strong> north-west corner <strong>of</strong> <strong>the</strong> building.23. The character <strong>of</strong> <strong>the</strong> applicant is not a relevant <strong>planning</strong> consideration.24. It is understood that <strong>the</strong> applicant has a 99 year lease over <strong>the</strong> common property. Theapplication form identifies <strong>the</strong> subject land. Council’s solicitors have advised that anapplication on common property is legitimate and should be assessed on its merits.PLANNING ASSESSMENTUse <strong>of</strong> landOff site impacts associated with <strong>the</strong> useHaving regard to Clause 33.03-2 <strong>the</strong> proposed caretaker’s 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.Multiple caretaker’s houses / dwellingsThe applicant has not provided evidence in support <strong>of</strong> existing use rights for a caretaker’shouse on <strong>the</strong> land and is not relying upon such rights. The proposal is for one caretaker’shouse and <strong>the</strong> proposal is required to be assessed on its merits. If <strong>the</strong> application weresupported a condition would be required to ensure that only <strong>the</strong> one (1) approved caretaker’shouse can operate from <strong>the</strong> land.In <strong>the</strong> event that a <strong>planning</strong> permit were to issue <strong>the</strong> caretaker’s house could not be used byanyone o<strong>the</strong>r than a supervisor. Should it be rented out to ano<strong>the</strong>r party not associated with<strong>the</strong> main use it would become a prohibited dwelling and Council would <strong>the</strong>n take action toensure <strong>the</strong> use ceased.Page 9

PLANNING COMMITTEE MINUTES 25 JULY 2011Future applications for caretaker’s houses / buildings and works / multiple premises wouldneed to be assessed on <strong>the</strong>ir merits.Supervisory RoleUnder Clause 73 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme a caretaker’s house is nested underdwelling use and is defined as:A dwelling on <strong>the</strong> same site as a building, operation, or plant, and occupied by a supervisor<strong>of</strong> that building, operation, or plant.In Application for Review No. 2000/002033 Graphos Architects v Moreland City Council, <strong>the</strong>Tribunal noted that:In <strong>the</strong> new definition <strong>the</strong> occupation is required to be by <strong>the</strong> "supervisor". Does <strong>the</strong>supervisor have to take an active part in <strong>the</strong> supervision <strong>of</strong> what occurs in <strong>the</strong> building or is itsufficient for a person to merely occupy <strong>the</strong> dwelling component <strong>of</strong> <strong>the</strong> building to complywith <strong>the</strong> requirement <strong>of</strong> supervisor? It is <strong>the</strong> Tribunal's view that <strong>the</strong> supervisor must take anactive role in <strong>the</strong> supervision <strong>of</strong> <strong>the</strong> activities to be carried out within <strong>the</strong> building. A caretakermight act in <strong>the</strong> capacity as a night watchman, it could <strong>the</strong>refore be said that by living abovecommercial premises that person is carrying out <strong>the</strong> function <strong>of</strong> a caretaker.Clause 22.07 Industrial and Commercial Activity <strong>of</strong> <strong>the</strong> Darebin Planning Scheme includes<strong>the</strong> objective to restrict caretakers’ houses to those that are properly planned andappropriately located for <strong>the</strong>ir supervisory role to associated industrial or commercial activity.The applicant has stated that <strong>the</strong> caretaker’s house will be occupied by <strong>the</strong> supervisor <strong>of</strong> <strong>the</strong>self storage operations and that part <strong>of</strong> <strong>the</strong> caretaker’s role is to provide emergency accessoutside <strong>of</strong> business hours, provide security to property, and undertake regular monitoring <strong>of</strong>plant and equipment associated with <strong>the</strong> refrigeration <strong>of</strong> specialised storage areas. Theapplicant has also stated that <strong>the</strong> proposed caretaker’s house affords an unobstructed view<strong>of</strong> <strong>the</strong> facility grounds and access areas ensuring that it is appropriately located for itssupervisory role. It is understood that closed circuit television is also provided within <strong>the</strong> site.It is contended by <strong>of</strong>ficers that <strong>the</strong> design <strong>of</strong> <strong>the</strong> building provides no real surveillance to <strong>the</strong>south, with access from Albert Street and fixed obscure glazed windows provided to <strong>the</strong>south at first floor level (via a corridor) with no o<strong>the</strong>r south facing windows. Upper levelbalconies would provide minimal surveillance opportunity given <strong>the</strong>ir limited use. This lack <strong>of</strong>interface with <strong>the</strong> commercial use is a fundamental failure <strong>of</strong> <strong>the</strong> development.It is noted that if <strong>the</strong> application were supported south facing windows (with low sill heightsand no obscure glazing) to all habitable rooms at first, second and third floors (located toensure no overlooking to habitable room windows to <strong>the</strong> west) would be required, as would acondition to ensure that <strong>the</strong> contact details <strong>of</strong> <strong>the</strong> caretaker’s house are available to allcustomers for emergency access. Even so <strong>the</strong> physical separation between <strong>the</strong> self storagefacility and <strong>the</strong> caretaker’s house (located on predominantly on <strong>the</strong> common property) is <strong>of</strong>concern.Size <strong>of</strong> caretaker’s houseNumerous objectors have noted that <strong>the</strong> size <strong>of</strong> <strong>the</strong> proposed caretaker’s house is unusuallylarge with four bedrooms, three bathrooms and a generous living area over 227 squaremetres. In comparison <strong>the</strong> self storage facility has a net floor area <strong>of</strong> 2325 square metres.Accommodation (with <strong>the</strong> exception <strong>of</strong> a caretaker’s house) is a prohibited use in <strong>the</strong>Industrial 3 Zone. Clause 17.02 Industrial Land Development, Clause 21.03, Clause 21.05-5Economic development and Clause 33.03 Industrial 3 Zone all generally identify <strong>the</strong> need toprotect existing industrial areas to facilitate fur<strong>the</strong>r industrial development and avoid <strong>the</strong>Page 10

PLANNING COMMITTEE MINUTES 25 JULY 2011encroachment <strong>of</strong> sensitive residential uses which would adversely affect industry viability orprejudice <strong>the</strong> availability <strong>of</strong> industrial land for future industrial requirements. Clause 22.07Industrial and Commercial activity includes <strong>the</strong> objectives:• To ensure caretakers’ dwellings do not adversely impact upon <strong>the</strong> primary use <strong>of</strong> <strong>the</strong>zone.• To prevent caretakers’ residences being developed for general residential purposes.This is because accommodation (and <strong>the</strong> amenity associated with it) has <strong>the</strong> potential tocreate land use conflicts with established and / or future industrial and commercial landuses. As a generalisation accommodation uses do not facilitate fur<strong>the</strong>r industrialdevelopment, do not protect <strong>the</strong> industrial area from <strong>the</strong> encroachment <strong>of</strong> residential useswhich would affect industry viability and will prejudice <strong>the</strong> availability <strong>of</strong> land for futureindustrial requirements. For <strong>the</strong>se same reasons a caretaker’s house is not necessarilyappropriate in an Industrial 3 Zone.It is noted that <strong>the</strong>re have been a significant number <strong>of</strong> caretaker’s houses approved at 159Heidelberg Road. Also <strong>the</strong> surrounding area does not include existing industries whichtypically create amenity impacts upon residential uses. Due to <strong>the</strong> small size <strong>of</strong> lots and <strong>the</strong>large number <strong>of</strong> caretaker houses <strong>the</strong> industrial nature <strong>of</strong> this area is unusual and it wouldlikely be difficult to establish a new industrial use in <strong>the</strong> area. This is evidenced by <strong>the</strong> strongresidential amenity concerns raised by objectors (privacy / overlooking and overshadowing).Notwithstanding this it is noted that <strong>the</strong> caretakers houses approved on surroundingproperties have all been modest in size and are strongly associated with <strong>the</strong> a smallcommercial use <strong>of</strong> <strong>the</strong> land.It is noted that Council is not currently undertaking a strategic review <strong>of</strong> this industrial pocket.The Industrial Land Use Strategy 2001 identifies <strong>the</strong> future strategic intent to rezone area 16(Heidelberg Road and Westfield Street) from Industrial 3 Zone to Business 3 Zone (onHeidelberg Road) and Residential 1 (north <strong>of</strong> Albert St). Under <strong>the</strong> Business 3 Zoneaccommodation use remains prohibited and a caretaker’s house continues to require a<strong>planning</strong> permit.The self storage use is a large premises, however it does not follow that this should allow acomparatively large caretaker’s house. This matter has been discussed with Council’sSolicitors who have indicated that whilst it is not a determining issue, <strong>the</strong> size <strong>of</strong> <strong>the</strong>caretaker’s house could possibly be an appropriate ground <strong>of</strong> refusal. Certainly o<strong>the</strong>r<strong>planning</strong> schemes (City <strong>of</strong> Yarra) specify maximum caretaker’s house sizes (10% <strong>of</strong> <strong>the</strong> siteare or 100 square metres whichever is lesser) in order to prevent <strong>the</strong> fragmentation <strong>of</strong>industrial land by residential uses. Whilst <strong>the</strong> Darebin Planning Scheme does not specify aminimum or maximum size <strong>of</strong> a caretaker’s house it is reasonable to consider that a large(and intensive) caretaker’s house does not reflect <strong>the</strong> underlying objectives <strong>of</strong> <strong>the</strong> zone andincreases potential future conflicts with commercial uses in <strong>the</strong> area. On <strong>the</strong> balance <strong>of</strong><strong>the</strong>se matters it is considered that <strong>the</strong> proposed size <strong>of</strong> <strong>the</strong> dwelling is not appropriate.Buildings and Works / Urban DesignClause 15.01 and Clause 22.07 specify urban design matters to be considered. Thecharacter <strong>of</strong> <strong>the</strong> area is clearly industrial. The design is contemporary and industrial innature. It is <strong>of</strong> a scale consistent with <strong>the</strong> o<strong>the</strong>r factory warehouse buildings in <strong>the</strong> Industrial3 Zone. The site is not located within a Heritage Overlay and subject to some changes toimprove <strong>the</strong> design would be sympa<strong>the</strong>tic to <strong>the</strong> industrial character <strong>of</strong> <strong>the</strong> area. However as<strong>the</strong> proposal is not supported <strong>the</strong> design forms part <strong>of</strong> <strong>the</strong> grounds <strong>of</strong> refusal.Page 11

PLANNING COMMITTEE MINUTES 25 JULY 2011ContextClause 22.04 Neighbourhood Character <strong>of</strong> <strong>the</strong> Darebin Planning Scheme applies only toresidentially zoned land and is not applicable in <strong>the</strong> Industrial 3 Zone / subject site.The Public Realm.The proposal provides a poor architectural response to <strong>the</strong> area and detracts from <strong>the</strong> publicrealm.SafetyAlbert Street has no pedestrian footpath. The proposal has a pedestrian entrance onto AlbertStreet to <strong>the</strong> north and from <strong>the</strong> common car park to <strong>the</strong> south. The access onto AlbertStreet is not an appropriate design response raising pedestrian safety issues for thoseaccessing <strong>the</strong> caretaker’s house. If <strong>the</strong> application were supported a condition would berequired deleting pedestrian access to <strong>the</strong> caretaker’s house from Albert Street to improvepedestrian safety for <strong>the</strong> caretaker’s house (and to streng<strong>the</strong>n its link to <strong>the</strong> self storageuse).The proposed balconies are an appropriate design element, providing passive surveillance<strong>of</strong> <strong>the</strong> public realm. The development is not designed to provide good surveillance <strong>of</strong> carparking and <strong>the</strong> internal accessway (or for that matter <strong>the</strong> business which it is suggested tobe attached to). The proposed caretaker’s car space is not an adequately secure form <strong>of</strong>parking.Landmarks, views and vistasPlanning policy does not identify any significant views in this location. There is no <strong>planning</strong>right to <strong>the</strong> protection <strong>of</strong> a view where policy does not identify and protect views.Pedestrian spacesThe proposal provides minimal interfaces with Albert Street / Westfield Street with carparking / no habitable rooms / windows at ground floor level.HeritageThe site is not located within a heritage overlay and does not propose <strong>the</strong> demolition <strong>of</strong> anybuildings. It obscures views <strong>of</strong> <strong>the</strong> existing eastern building façade <strong>of</strong> 7 Westfield Street,however this building is not <strong>of</strong> identified heritage significance.Consolidation <strong>of</strong> sites and empty sitesThe proposal seeks to consolidate <strong>the</strong> site, providing a building over an existing car parkarea. The design is quite simplistic, and does not contribute to <strong>the</strong> complexity and diversity<strong>of</strong> <strong>the</strong> built environment.The scale <strong>of</strong> <strong>the</strong> building is not out <strong>of</strong> keeping with <strong>the</strong> surrounding development.Light and shadeThe proposal will not overshadow <strong>the</strong> public realm.Energy and resource efficiencyThe proposal appears to be generally energy efficient. If <strong>the</strong> application were supported astandard sustainability condition would be required.Page 12

PLANNING COMMITTEE MINUTES 25 JULY 2011Architectural qualityThe proposal generally provides natural finish concrete slab construction with ornameshcladding to <strong>the</strong> third floor facades and <strong>the</strong> ground floor north facade. The design alsoincludes sunshades on <strong>the</strong> north elevation which extend outside <strong>of</strong> <strong>the</strong> site into <strong>the</strong> AlbertStreet.A building which extends into public street / outside <strong>of</strong> <strong>the</strong> subject site is not appropriate.The design is quite brutal and does not add visual interest to <strong>the</strong> streetscape, is notcontemporary, employs limited modern materials, does not appropriately address <strong>the</strong>streetscape and is not consistent with Clause 22.07 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.Fur<strong>the</strong>r <strong>the</strong> design does not achieve high standards in architecture and urban design and isnot consistent with Clause 15.01 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.If <strong>the</strong> application were supported a condition requiring a colours and materials schedulewould be required. More engaging materials such as metal, timber or stone cladding areneeded to <strong>the</strong> north, south and east façades which are all highly visible from <strong>the</strong> publicrealm. Also if <strong>the</strong> application were supported all architectural features should be shownwithin <strong>the</strong> property boundaries.Landscape architectureClause 15.01 and Clause 22.07 place emphasis upon landscaping, with suitable lowmaintenance landscaping recommended to front and side setbacks to improve <strong>the</strong>appearance <strong>of</strong> industrial and commercial areas. Landscaping comprising a 1.1m wide by5.2m long bed on <strong>the</strong> east boundary and 0.3m wide by 14m long bed on <strong>the</strong> north boundaryare proposed. Landscaping is not a strong part <strong>of</strong> <strong>the</strong> character <strong>of</strong> <strong>the</strong> area with <strong>the</strong>industrial and residential properties surrounding <strong>the</strong> site having limited landscaping, withbuildings generally having zero setbacks on front and side boundaries and covering most <strong>of</strong><strong>the</strong> land. Notwithstanding <strong>the</strong> landscape character <strong>of</strong> <strong>the</strong> area and <strong>the</strong> scale <strong>of</strong> surroundingdevelopment, having regard to <strong>the</strong> size <strong>of</strong> <strong>the</strong> development <strong>the</strong> proposed landscaping bedsat ground floor are considered insufficient. If <strong>the</strong> application were supported a landscapeplan would be required with climbing plants provided on <strong>the</strong> north and west elevations andpermanent planter boxes in <strong>the</strong> second floor and third floor balconies. As <strong>the</strong> application isnot being supported this will form part <strong>of</strong> <strong>the</strong> grounds <strong>of</strong> refusal.Amenity ImpactsIt is a fundamental <strong>planning</strong> principle that residents living within, or closely abutting nonresidentialzones cannot expect <strong>the</strong> same level <strong>of</strong> residential amenity as residents living in<strong>the</strong> middle <strong>of</strong> pristine residential areas. This does not mean that issues <strong>of</strong> amenity such asnoise, overshadowing or overlooking should be ignored but ra<strong>the</strong>r that lower standards areboth acceptable and realistic in such locations.Clause 22.07 notes that a high standard <strong>of</strong> amenity within industrial and commercial areas isdesired, however <strong>the</strong> underlying policy focuses more on protecting <strong>the</strong> amenity <strong>of</strong>residentially zoned land surrounding <strong>the</strong> industrial zone and limiting <strong>the</strong> amenity impacts <strong>of</strong>industrial activity. A caretaker’s house will provide a more sensitive buffer to adjacentresidential (and commercial) uses than an industrial use.OverlookingTo <strong>the</strong> north-east <strong>the</strong> habitable room windows <strong>of</strong> <strong>the</strong> dwelling at 3/6 Westfield Street in <strong>the</strong>Residential 1 Zone are more than 22m from <strong>the</strong> subject site and face <strong>the</strong> public realm. Theproposal raises no unreasonable privacy issues and accordingly east facing balconies andwindows within <strong>the</strong> development do not need to be screened.Page 13

PLANNING COMMITTEE MINUTES 25 JULY 2011To <strong>the</strong> north <strong>the</strong>re are ground floor windows at 5 Westfield Street and 24 Albert Street in <strong>the</strong>Residential 1 Zone located on <strong>the</strong> property boundary facing Albert Street. These arecurrently overlooked by pedestrians and vehicles from within Albert Street. The properties to<strong>the</strong> west at 7 Westfield and 9 Westfield Street are commercial uses with caretaker’s housesin Industrial 3 Zone and include ground and first floor east facing windows.If <strong>the</strong> application were supported conditions would be recommended requiring that all westfacing windows to <strong>the</strong> stairway landings be deleted (at all levels) and that all north facingwindows and balconies (at all levels) be screened to 1.7m above finished floor level. Havingregard to <strong>the</strong> need to provide surveillance <strong>of</strong> <strong>the</strong> common car park and self storage facility(see supervisory role above) if <strong>the</strong> application were supported windows would also need tobe provided at ground, first and second floor and setback more than 5m from <strong>the</strong> westboundary <strong>of</strong> Lot 3 to ensure that <strong>the</strong>re are no views within 9m <strong>of</strong> <strong>the</strong> studio windows to <strong>the</strong>west.As <strong>the</strong> application is not supported overlooking shall form part <strong>of</strong> <strong>the</strong> grounds <strong>of</strong> refusal.OvershadowingThe land is in an Industrial 3 Zone where <strong>the</strong> purpose is to ensure that uses do not affect <strong>the</strong>safety and amenity <strong>of</strong> adjacent, more sensitive land uses. In an Industrial 3 Zone residentialamenity expectations for caretaker’s houses are lower than for normal dwellings withinresidential areas. Also in an Industrial 3 Zone commercial uses are not deemed to besensitive uses and protection <strong>of</strong> <strong>the</strong>ir amenity has limited relevance. It is noted that <strong>the</strong>proposed caretakers’ house is significantly more sympa<strong>the</strong>tic to surrounding uses thanindustrial uses which normally locate in this zone. The proposal is setback 1m from <strong>the</strong> westadjacent windows at 7 Westfield Street, with <strong>the</strong> second floor parapet 4m above <strong>the</strong> firstfloor level <strong>of</strong> 7 Westfield Street. Clause 55 is not applicable in an industrial zone, howeverunder Clause 55.04-3 daylight to existing windows objective Standard B19 a 1m by 3m areaclear to <strong>the</strong> sky should be provided (it is) and a wall should be setback half its height above<strong>the</strong> floor level (2m setback) from a habitable room window (1m setback provided). Under <strong>the</strong>decision guidelines <strong>the</strong> impact upon <strong>the</strong> amenity <strong>of</strong> <strong>the</strong> existing caretaker’s house should beconsidered. It is noted that 7 Westfield Street includes two large north facing windows to itsupper floor area which is an open plan area. In an Industrial 3 Zone <strong>the</strong> proposal’s secondfloor setback is considered to provide appropriate amenity to <strong>the</strong> adjacent business.However <strong>the</strong> 1m setback <strong>of</strong> <strong>the</strong> third floor does limit light to this window. If <strong>the</strong> applicationwere supported <strong>the</strong> third floor wall would need to be setback an additional 1m from <strong>the</strong> westadjacent windows to maintain light access.As <strong>the</strong> application is not being supported this will be raised as a ground <strong>of</strong> refusal.Visual BulkThe proposal is <strong>of</strong> a similar scale to <strong>the</strong> surrounding buildings and is generally acceptable.The 1m setback from 7 Westfield Street at second floor and third floor raises bulk issues. If<strong>the</strong> application were supported <strong>the</strong> third floor wall would need to be setback an additional 1mfrom <strong>the</strong> west adjacent windows to minimise bulk impacts.As <strong>the</strong> application is not being supported this will be raised as a ground <strong>of</strong> refusal.Car ParkingCar Parking ProvisionThe proposal will reduce <strong>the</strong> number <strong>of</strong> car spaces provided on-site from 11 to nine (9), witha reduction in <strong>the</strong> car spaces allocated to <strong>the</strong> self storage facility from 11 to eight (8) and one(1) car space allocated to <strong>the</strong> caretaker’s house.Page 14

PLANNING COMMITTEE MINUTES 25 JULY 2011The self storage use was assessed under <strong>planning</strong> permit D/908/03 by Council as awarehouse, which is defined as “land used to store or display goods. It may include <strong>the</strong>distribution and <strong>the</strong> wholesale selling <strong>of</strong> <strong>the</strong> goods”. Pursuant to Clause 52.06-5, 1.5 carspaces per 100 square metres <strong>of</strong> net floor area are required for a warehouse use. Havingregard to <strong>the</strong> floor area <strong>of</strong> <strong>the</strong> premises <strong>the</strong> use has a car parking demand <strong>of</strong> 15 car spaces.The caretaker’s house requires one (1) car space pursuant to Clause 52.06-5.It should be noted that car parking has never been specified for <strong>the</strong> use <strong>of</strong> <strong>the</strong> site as a selfstorage facility. Planning permit PD7741 allocated 12 car spaces to Lot 3 and <strong>planning</strong>permit D/908/03 reduced this number to 11. Consequently <strong>the</strong> current provision <strong>of</strong> carspaces is lawful with <strong>the</strong> above mentioned <strong>planning</strong> permits comprising a restriction to <strong>the</strong>use pursuant to Clause 63. The proposal requires permission to reduce <strong>the</strong> number <strong>of</strong> carspaces provided on site as per Clause 52.06-1.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;• There has been a significant change in <strong>the</strong> surrounding area and on Lot 3 since <strong>the</strong>approval <strong>of</strong> <strong>planning</strong> permit D/164/02. As a consequence <strong>the</strong>re is minimal on streetparking available and this cannot be relied upon to support <strong>the</strong> application.• The caretaker’s house has a parking requirement <strong>of</strong> one (1) car space under Clause52.06. Having regard to its size <strong>the</strong> dwelling it is likely to have an empirical demand <strong>of</strong>two (2) car spaces (this cannot be required to be provided but is noted for assessmentpurposes). A review <strong>of</strong> <strong>planning</strong> applications for self storage facilities at VCATindicated a peak empirical car parking demand <strong>of</strong> 0.2 spaces per 100 square metres(Moor Room Self Storage Pty Ltd v Frankston CC [2008] P1541 2008). Applying thisrate to <strong>the</strong> existing 2325 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 byone (1) permanent employee, equating to one (1) long term car space required forstaff. It is considered that <strong>the</strong> total empirical demand <strong>of</strong> <strong>the</strong> self storage facility andcaretaker’s house is seven (7) car spaces, with three (3) long term car spaces requiredfor staff / residents and four (4) short term car spaces required for customers.• For completeness it is noted that a store, which is defined as “land used to storegoods, machinery, or vehicles” has a parking demand under Clause 52.06 <strong>of</strong> 10percent <strong>of</strong> <strong>the</strong> site area (requiring 109 square metres <strong>of</strong> <strong>the</strong> 1085 square metres site tobe allocated to car parking (not including common property areas). The proposalreduces <strong>the</strong> area <strong>of</strong> car parking from 155 square metres to 115 square metres. It isnoted that <strong>the</strong> parking rate for a store does not reflect <strong>the</strong> multi-level nature <strong>of</strong> <strong>the</strong>existing building and does not reflect <strong>the</strong> empirical demand associated with <strong>the</strong> use.• 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.• The layout <strong>of</strong> <strong>the</strong> five (5) proposed car spaces in <strong>the</strong> north east corner <strong>of</strong> <strong>the</strong> site withwalls enclosing all car spaces does not allow convenient pedestrian access to <strong>the</strong> carspaces (see below) and will result in <strong>the</strong> spaces being underutilised. See design andconstruction below. At best <strong>the</strong> proposal provides two (2) customer car spaces and noresident car spaces in <strong>the</strong> north east corner <strong>of</strong> <strong>the</strong> site.Page 15

PLANNING COMMITTEE MINUTES 25 JULY 2011• The four (4) remaining car spaces in <strong>the</strong> south-west corner <strong>of</strong> <strong>the</strong> site are notconveniently located in relation to <strong>the</strong> loading areas and, given that <strong>planning</strong> permitD/908/03 allowed <strong>the</strong>m to be enclosed for long term staff use only (not short termcustomer use), <strong>the</strong>y cannot be reasonably considered for customer use with thisapplication. If <strong>the</strong> application were supported <strong>the</strong> car spaces in <strong>the</strong> south-west cornerwould need to be shown as unenclosed (to allow customer access). This would providea total <strong>of</strong> six (6) usable car spaces on site, insufficient to meet <strong>the</strong> empirical demandassociated with <strong>the</strong> proposal. Consequently <strong>the</strong> proposal is likely to result in additionalon street parking and common property impacts.• City <strong>of</strong> Darebin Transport Management and Planning have stated that <strong>the</strong>y haveconcerns with <strong>the</strong> proposed reduction in car parking and that <strong>the</strong> proposal cannot besupported without justification given limited availability <strong>of</strong> on street car parking. Anassessment <strong>of</strong> <strong>the</strong> usage <strong>of</strong> <strong>the</strong> existing on site parking is not feasible at this timehaving regard to <strong>the</strong> existing building works in <strong>the</strong> north-east corner <strong>of</strong> <strong>the</strong> site, <strong>the</strong>illegal <strong>of</strong>fice use occurring on <strong>the</strong> land and <strong>the</strong> non-compliance with <strong>planning</strong> permitD/908/03.• The plans do not clearly allocate <strong>the</strong> “existing carpark retained” car spaces to <strong>the</strong> selfstorage use. If <strong>the</strong> application were supported <strong>the</strong> four (4) proposed “existing carparkretained” car spaces in <strong>the</strong> north-east corner <strong>of</strong> <strong>the</strong> site would be required to bemarked and identified with signs as “self storage use”.The car parking reduction will impact detrimentally upon <strong>the</strong> surrounding local streets andcommon property and <strong>the</strong> waiving <strong>of</strong> <strong>the</strong> car space is not acceptable.Design and constructionThe car parking plan submitted with <strong>the</strong> application does not provide for pedestrianmovement within and around <strong>the</strong> parking area in <strong>the</strong> north-east corner <strong>of</strong> <strong>the</strong> site (with all carspaces constrained by walls) and is not to council’s satisfaction under Clause 52.06-2 <strong>of</strong> <strong>the</strong>Darebin Planning Scheme. Based upon AS/NZS 2890.1:2004 Off Street Car Parking if <strong>the</strong>application were supported car spaces for <strong>the</strong> caretaker’s house should be a minimum 3mwide and car spaces for <strong>the</strong> for <strong>the</strong> self storage facility should be a minimum 2.8m wide toallow access by residents and customers / staff <strong>of</strong> <strong>the</strong> self storage facility. The proposed carspaces are insufficient in dimension and will result in <strong>the</strong> underutilisation <strong>of</strong> <strong>the</strong> proposed carparking.Existing Use RightsPursuant to Clause 63 an existing section 2 use may continue provided:- No buildings or works are constructed or carried out without a permit. A permit mustnot be granted unless <strong>the</strong> buildings and works complies with any o<strong>the</strong>r building orworks requirement in this scheme.- Any condition or restriction to which <strong>the</strong> use was subject continues to be met. Thisincludes an implied restriction on <strong>the</strong> extent <strong>of</strong> <strong>the</strong> land subject to <strong>the</strong> existing use rightor <strong>the</strong> extent <strong>of</strong> activities within <strong>the</strong> use.- The amenity <strong>of</strong> <strong>the</strong> area is not damaged or fur<strong>the</strong>r damaged by a change in <strong>the</strong>activities beyond <strong>the</strong> limited purpose <strong>of</strong> <strong>the</strong> use preserved by <strong>the</strong> existing use right.As noted under <strong>the</strong> car parking assessment <strong>the</strong> car parking provision associated with <strong>the</strong>self storage facility comprises a restriction on <strong>the</strong> use. The proposed reduction in carparking by two (2) car spaces combined with <strong>the</strong> inadequate dimensions <strong>of</strong> <strong>the</strong> proposedcar spaces will impact detrimentally upon <strong>the</strong> area. Also as outlined in <strong>the</strong> report above andPage 16

PLANNING COMMITTEE MINUTES 25 JULY 2011<strong>the</strong> grounds <strong>of</strong> refusal <strong>the</strong> proposal does not comply with all scheme requirements that canreasonably be met. The proposal is not in accordance with Clause 63.05 and Clause 63.12<strong>of</strong> <strong>the</strong> Darebin Planning SchemeLoading 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 a caretaker’s house andare not for <strong>the</strong> storage <strong>of</strong> goods or materials. Consequently <strong>the</strong> proposal cannot be requiredto provide loading and unloading facilities. Plans submitted informally on 18 May 2011 showa loading bay measuring 4.2m by 6.2m. This loading bay accords with <strong>of</strong>ficer inspections <strong>of</strong><strong>the</strong> site. If <strong>the</strong> application were supported <strong>the</strong> loading bay should be shown on <strong>the</strong> endorsedplan.Amenity <strong>of</strong> proposed Caretaker’s HouseClause 55.05 On Site Amenities and Facilities does not apply to a caretaker’s house in anIndustrial 3 Zone, however it provides appropriate assessment measures for <strong>the</strong> caretaker’shouse.Standard B25: AccessibilityHaving regard to <strong>the</strong> stair access required to all parts <strong>of</strong> <strong>the</strong> caretaker’s house <strong>the</strong> proposedcaretaker’s house can not be made accessible for people with limited mobility byconstruction <strong>of</strong> a ramp, if required. This is not a significant issue.Standard B26: Dwelling EntryThe caretaker’s house entry is <strong>of</strong>f Albert Street which does not have a footpath (see safetyabove) and provides a poor sense <strong>of</strong> address.Standard B27: Daylight to New WindowsAdequate daylight will be available to <strong>the</strong> windows in <strong>the</strong> new development.All new habitable room windows within <strong>the</strong> development will be located to face an outdoorarea <strong>of</strong> at least 3.0 square metres with a minimum dimension <strong>of</strong> 1.0m clear to <strong>the</strong> sky.Standard B28: Private Open SpaceThe development provides adequate private open space (pos) for <strong>the</strong> reasonable recreationand service needs <strong>of</strong> residents with 19.6 square metres private open space accessible fromliving areasAll secluded private open space areas have direct access to a living room.Standard B29: Solar Access to Open SpaceSolar access is provided into <strong>the</strong> secluded private open space <strong>of</strong> <strong>the</strong> new caretaker’s house.Page 17

PLANNING COMMITTEE MINUTES 25 JULY 2011Standard B30: StorageAdequate storage facilities are provided for <strong>the</strong> caretaker’s house.Standard B33: Common PropertyThe public, communal and private areas within <strong>the</strong> development are not clearly delineated.The common property is not functional and not capable <strong>of</strong> efficient management.Standard B34: Site ServicesSufficient area is provided to allow for <strong>the</strong> installation and <strong>the</strong> maintenance <strong>of</strong> site services. If<strong>the</strong> application were supported a condition would be required to provide a post box sharedwith <strong>the</strong> self storage facility.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 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.Page 18

PLANNING COMMITTEE MINUTES 25 JULY 2011RELATED DOCUMENTSDarebin Planning Scheme and <strong>the</strong> Planning and Environment Act (1987) as amended.(Cr. Tsitas entered <strong>the</strong> <strong>meeting</strong> during discussion <strong>of</strong> <strong>the</strong> above item – 5.35pm)COMMITTEE DECISIONMOVED:SECONDED:Cr. T. LaurenceCr. G. GrecoTHAT Planning Permit Application D/194/2011 be refused and a Notice <strong>of</strong>Refusal be issued on <strong>the</strong> following grounds:1. The proposed building's height and setbacks result in unreasonable levels<strong>of</strong> visual bulk and loss <strong>of</strong> daylight to <strong>the</strong> adjacent studio / caretaker’shouse at 7 Westfield Street (west), impacting detrimentally upon itsamenity.2. The proposed building will overlook <strong>the</strong> habitable room windows <strong>of</strong> itswestern and nor<strong>the</strong>rn residential abuttals, impacting detrimentally upon<strong>the</strong>ir amenity.3. Pedestrian access from Albert Street provides a poor design responsefor persons accessing <strong>the</strong> proposed caretaker’s house contrary to Clause15.01-4 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.4. The proposed building does not provide for effective pedestrianmovement in or around <strong>the</strong> parking area, with all car spaces in <strong>the</strong> nor<strong>the</strong>astcorner constrained by walls which will impact detrimentally upon <strong>the</strong>operation <strong>of</strong> <strong>the</strong> common property and on-street car parking in<strong>the</strong> area, contrary to Clause 52.06-2 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.5. The proposed caretaker’s house is not sufficiently integrated with<strong>the</strong> existing self storage use, as it will be separated from that use, will belocated partly on common property, provides little to no surveillance <strong>of</strong><strong>the</strong> existing use and is inconsistent with Clause 22.07 <strong>of</strong> <strong>the</strong> DarebinPlanning Scheme.6. The size <strong>of</strong> <strong>the</strong> proposed caretaker’s house undermines <strong>the</strong> purposes<strong>of</strong> industrial zoned land and is inconsistent with Clause 17.02, Clause21.05-5, Clause 22.07 and Clause 33.03 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.7. The design, materials and articulation <strong>of</strong> <strong>the</strong> proposed building isinconsistent with <strong>the</strong> character <strong>of</strong> <strong>the</strong> area and contrary to Clause 15.01-1and Clause 22.07 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.8. The proposed reduction in car parking will impact detrimentally upon <strong>the</strong>amenity <strong>of</strong> <strong>the</strong> locality and is inconsistent with Clause 52.06 <strong>of</strong> <strong>the</strong> DarebinPlanning Scheme, providing insufficient car parking for <strong>the</strong> existing selfstorage use and <strong>the</strong> proposed caretaker’s house.9. The proposal provides insufficient landscaping opportunities and isinconsistent with Clause 15.01-5 and Clause 22.07 <strong>of</strong> <strong>the</strong> Darebin PlanningScheme.Page 19

PLANNING COMMITTEE MINUTES 25 JULY 201110. The proposal is not in accordance with Clause 63.05 and Clause 63.12 <strong>of</strong><strong>the</strong> Darebin Planning Scheme.CARRIEDPage 20

PLANNING COMMITTEE MINUTES 25 JULY 20115.2 APPLICATION FOR PLANNING PERMIT D/238/201112 Mihil Street, PrestonAUTHOR:DIRECTOR:Principal Planner – Gavin CrawfordDirector City Works and Development – Michael BallockOWNER/APPLICANT/CONSULTANT:Applicant:E Savag, c/o Ikonomidis Reid Pty Ltd663 Plenty RdRESERVOIR VIC 3073Owner:Kialla Investments Pty Ltd46A Roslyn StBRIGHTON VIC 3186Consultant:Ikonomidis ReidSUMMARY:• It is proposed to construct a medium density housing development comprising four (4)two (2) bedroom dwellings. Dwellings 1 to 3 are three (3) two (2) storey with reverseliving and a first floor balcony <strong>of</strong> 10.6 square metres to 12.7 square metres and aground floor service yard <strong>of</strong> 12 square metres to 12.5 square metres. Dwelling 4 issingle storey with 66.5 square metres <strong>of</strong> secluded private open space. Each dwellinghas one covered car space.• A restrictive covenant is registered on <strong>the</strong> Certificate <strong>of</strong> Title. The covenant prohibits<strong>the</strong> carrying away or removal <strong>of</strong> earth, clay, gravel, or sand from <strong>the</strong> land except for <strong>the</strong>excavation <strong>of</strong> foundations for any building or use <strong>of</strong> <strong>the</strong> land for manufacture or wining<strong>of</strong> bricks, tiles or pottery ware. The proposal does not contravene <strong>the</strong> covenant.• 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. After amendment <strong>of</strong> <strong>the</strong> plans under S57A notice was given bymailing <strong>of</strong> notices to adjacent properties• Seven (7) objections were received against <strong>the</strong> application.• A consultative <strong>meeting</strong> has not been <strong>held</strong>.• The application has been referred internally to:- Capital works Branch – No objection subject to conditions.- Council Arborist – Provide a 2m Tree Protection Zone from <strong>the</strong> street tree.Page 21

PLANNING COMMITTEE MINUTES 25 JULY 2011RECOMMENDATIONTHAT Planning Permit Application D/238/2011 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: TP03 C, TP04 C Job No005731 prepared by Ikonomidis Reid, dated June 2011) but modified to show:a) Wea<strong>the</strong>rboard pr<strong>of</strong>ile cladding incorporated to upper floor facades.b) All first floor balcony screening a maximum 25% permeable to 1.7m abovefinished floor level.c) All first floor obscure glazing fixed to 1.7m above finished floor level.d) The Dwelling 2 first floor ro<strong>of</strong> with a hipped or skillion form (to reduce <strong>the</strong> firstfloor south wall height) and <strong>the</strong> south boundary <strong>of</strong> <strong>the</strong> Dwelling 1 balcony setback from <strong>the</strong> first floor Dwelling 2 living room south wall in accordance withStandard B29 <strong>of</strong> Clause 55 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.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 and integrated into <strong>the</strong> design <strong>of</strong> <strong>the</strong> buildings.f) Annotations detailing a Tree Protection Zone and associated Tree ProtectionFence with a radius <strong>of</strong> 2 metres (measured from <strong>the</strong> outside edge <strong>of</strong> <strong>the</strong> trunk) <strong>of</strong><strong>the</strong> nature strip tree fronting Mihil Street, in accordance with <strong>the</strong> requirements <strong>of</strong>Condition 8 <strong>of</strong> this Permit. A notation must be added to state that any works in<strong>the</strong> Tree Protection Zone must be carried out without excavation, no storage <strong>of</strong>materials and no access during construction.g) A Landscape Plan in accordance with Condition No.2 <strong>of</strong> this Permit.When approved, <strong>the</strong> plans will be endorsed and form part <strong>of</strong> this Permit.2. 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) 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.b) 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.c) Details <strong>of</strong> all surfaces including lawns, mulched garden beds and hard paving(such as asphalt, concrete, brick or gravel).d) Street trees within <strong>the</strong> nature strip/s adjacent to <strong>the</strong> property.e) All constructed items including retaining walls, letter boxes, garbage binreceptacles, outdoor furniture, lighting, clo<strong>the</strong>slines etc.Page 22

PLANNING COMMITTEE MINUTES 25 JULY 2011f) Edge treatment between grass (lawn) and garden beds.g) 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.h) 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.i) Clear graphics identifying trees (deciduous and evergreen), shrubs,groundcovers and climbers.j) A scale, North Point and appropriate legend.k) Details <strong>of</strong> tree protection measures for <strong>the</strong> street tree located adjacent <strong>the</strong>proposed vehicle crossing.l) Annotations detailing a Tree Protection Zone and associated Tree ProtectionFence with a radius <strong>of</strong> 2 metres (measured from <strong>the</strong> outside edge <strong>of</strong> <strong>the</strong> trunk) <strong>of</strong><strong>the</strong> nature strip tree fronting Mihil Street, in accordance with <strong>the</strong> requirements <strong>of</strong>Condition 8 <strong>of</strong> this Permit. A notation must be added to state that any works in<strong>the</strong> Tree Protection Zone must be carried out without excavation, no storage <strong>of</strong>materials and no access during construction.The species <strong>of</strong> all proposed plants selected must be to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority.3. 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.4. 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.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 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.Page 23

PLANNING COMMITTEE MINUTES 25 JULY 20118. Before buildings and works (including demolition) start, a tree protection fence must beerected around street tree on <strong>the</strong> nature strip fronting Mihil Street, at a radius <strong>of</strong> 1.5metres from <strong>the</strong> base <strong>of</strong> <strong>the</strong> trunk to define a ‘tree protection zone’.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. 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 1993and <strong>the</strong> Building Regulations 2006. This confirmation must be in <strong>the</strong> form <strong>of</strong> a reportfrom a licensed land surveyor and must be submitted to <strong>the</strong> Responsible Authority nolater than 7 days from <strong>the</strong> date <strong>of</strong> <strong>the</strong> sub-floor inspection. The upper floor levels mustbe confirmed before a Certificate <strong>of</strong> Occupancy is issued, by a report from a licensedland surveyor submitted to <strong>the</strong> Responsible Authority.10. All dwellings that share dividing walls and/or floors must be constructed to limit noisetransmission in accordance with Part F(5) <strong>of</strong> <strong>the</strong> Building Code <strong>of</strong> Australia.11. 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.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;Page 24

PLANNING COMMITTEE MINUTES 25 JULY 2011c) 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.REPORTINTRODUCTION AND BACKGROUNDNo relevant <strong>planning</strong> history.ISSUES AND DISCUSSIONSubject site and surrounding area• The land measures 15.85m wide by 45.72m deep with and area <strong>of</strong> 724 square metres.• The land is zoned Residential 1 and affected by <strong>the</strong> development contributions planoverlay.• The land is located on <strong>the</strong> north side <strong>of</strong> Mihil Street.• The land is occupied by a single storey detached wea<strong>the</strong>rboard and tile dwelling withan existing crossover to <strong>the</strong> east <strong>of</strong> <strong>the</strong> frontage and a carport and sundry outbuildingsto <strong>the</strong> rear.• Dwellings in <strong>the</strong> street a typically single storey wea<strong>the</strong>rboard and cream brick and tiledetached dwellings.• To <strong>the</strong> north are <strong>the</strong> rear yard areas <strong>of</strong> dwellings fronting Breffna Street.• To <strong>the</strong> south, on <strong>the</strong> opposite side <strong>of</strong> <strong>the</strong> street, are a number <strong>of</strong> single storeywea<strong>the</strong>rboard and brick dwellings.• The adjoining property to <strong>the</strong> east is occupied by a single storey, wea<strong>the</strong>rboarddwelling with secluded private open space and outbuildings to <strong>the</strong> rear.• To <strong>the</strong> west is a single storey wea<strong>the</strong>rboard dwelling with vehicle and an outbuilding in<strong>the</strong> rear yard area, adjacent to <strong>the</strong> common boundary. This site is used as a convent.• Bus Route 251 operates along Victoria Road 130m to <strong>the</strong> east. HLT Oulton Reserve islocated 400m to <strong>the</strong> east, with a smaller reserve 240m to <strong>the</strong> east.Proposal• It is proposed to construct a medium density housing development comprising four (4)two (2) bedroom dwellings.• Dwellings 1 to 3 are located to <strong>the</strong> front and are two (2) storey with reverse living and afirst floor balcony <strong>of</strong> 10.6 square metres to 12.7 square metres and a ground floorservice yard <strong>of</strong> 12 square metres to 12.5 square metres.• Dwelling 4 is located to <strong>the</strong> rear and is single storey with 66.5 square metres <strong>of</strong>secluded private open space. Each dwelling has one (1) covered car space.Page 25

PLANNING COMMITTEE MINUTES 25 JULY 2011Subsequent to <strong>the</strong> notification period, <strong>the</strong> applicant formally submitted amending plans underS57A <strong>of</strong> <strong>the</strong> Darebin Planning Scheme, which increase <strong>the</strong> west side setbacks to Dwellings2 and 3 to 2m and relocate balconies to <strong>the</strong> north. These plans have been subject tonotification <strong>of</strong> affected properties and are <strong>the</strong> plans upon which this assessment is made.OBJECTIONS• 7 Objections received.Objections summarised• Impacts upon streetscape character / medium density housing incompatible with area /Changed character <strong>of</strong> street for single dwellings.• Parking impacts.• Increased traffic and safety issues / narrow street will restrict vehicle movement.• Noise impacts.• Impacts upon operation <strong>of</strong> <strong>the</strong> convent to <strong>the</strong> west.• Visual bulk impacts / loss <strong>of</strong> view.• Overshadowing.• Overlooking.• Poor quality design and materials inconsistent with <strong>the</strong> character <strong>of</strong> <strong>the</strong> area / cheapdwellings and poor quality materials.• Undesirable precedent.• Impact upon property values.• Contrary to landscape character.Officer comment on summarised objections• Neighbourhood Character is assessed in <strong>the</strong> body <strong>of</strong> <strong>the</strong> report under Clause 22.04and Clause 55. None<strong>the</strong>less it is noted that <strong>the</strong> State and Local Planning Policyencourages appropriate medium density housing in well serviced areas such as this.As a result <strong>the</strong> appearance <strong>of</strong> streets will change. Whilst <strong>the</strong> character <strong>of</strong> Mihil Streetis predominantly single storey dwellings, <strong>the</strong> proposed two (2) storey dwellings havebeen designed to have minimal impact on <strong>the</strong> streetscape with <strong>the</strong> upper floor <strong>of</strong>Dwelling 1 being recessed slightly from <strong>the</strong> street.• Car parking has been provided on site in accordance with <strong>the</strong> requirements <strong>of</strong> Clause55.• The street is an adequate width to allow through traffic. The development will notimpact unreasonably on through traffic and <strong>the</strong> traffic movements to and from <strong>the</strong> sitewill not be <strong>of</strong> a significant volume to impact on existing conditions and should notcreate safety issues.• 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,music etc. are noises associated with residential uses and are generally not aPage 26

PLANNING COMMITTEE MINUTES 25 JULY 2011relevant consideration in assessing medium density development. The developmentintensity will not lead to an unreasonable noise impact.• The use <strong>of</strong> <strong>the</strong> land for dwellings is as <strong>of</strong> right in <strong>the</strong> Residential 1 Zone and cannotbe assessed. There is no indication that <strong>the</strong> development will impact unreasonably on<strong>the</strong> adjoining convent (dwelling) use, any more than it would impact on any o<strong>the</strong>rdwelling use.• It is a well recognised <strong>planning</strong> principle that <strong>the</strong>re is no right to a view and that overtime views change. However it is recognised that bulk and heights may have anadverse effect on aspect and amenity. These are assessed below.• 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.• The materials and design are assessed in <strong>the</strong> body <strong>of</strong> <strong>the</strong> report under Clause 22.04and Clause 55. The 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.• It is considered that <strong>the</strong> development will not create an undesirable precedent, aseach proposal is assessed on its merits in <strong>the</strong> context <strong>of</strong> <strong>the</strong> neighbourhoodcharacter.• Impacts upon property values are speculative and are not a relevant <strong>planning</strong>consideration.PLANNING ASSESSMENTCLAUSE 22.04 NEIGHBOURHOOD CHARACTER POLICY ASSESSMENTVEGETATIONCommentNo significant trees are located on site. It is considered that <strong>the</strong> provision <strong>of</strong> an open frontgarden and a comprehensive landscape design will maintain <strong>the</strong> garden character <strong>of</strong> <strong>the</strong>site. There are opportunities for landscaping through <strong>the</strong> site. A landscape plan is requestedas a condition <strong>of</strong> <strong>planning</strong> approval.Complies subject to a conditionSITINGCommentThe proposal provides appropriate landscaping opportunities through <strong>the</strong> site, includingwithin <strong>the</strong> front setback, to respect <strong>the</strong> garden setting <strong>of</strong> <strong>the</strong> site and adjacent propertiesparticularly with increased side setbacks to Dwellings 2 and 3.Dwelling 1 is setback from both side boundaries to present a detached dwelling to <strong>the</strong> streetreflecting <strong>the</strong> rhythm <strong>of</strong> dwelling spacing in <strong>the</strong> area. The front dwelling provides a frontsetback <strong>of</strong> 7.6m which represents an appropriate transition between neighbouring frontsetbacks <strong>of</strong> 7.6m and 7.7m. Car parking structures are located to <strong>the</strong> rear <strong>of</strong> dwellings andPage 27

PLANNING COMMITTEE MINUTES 25 JULY 2011will not dominate <strong>the</strong> streetscape. The proposal allows sufficient side and rear garden spacefor landscapingAlthough Dwelling 4 is constructed to <strong>the</strong> boundary, this is acceptable as it is at <strong>the</strong> rear anddoes 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 garages are located behind <strong>the</strong> front dwelling line. Only one (1) crossover is provided,which minimises paving in front garden areas. Car parking structures do not dominate <strong>the</strong>façade or view <strong>of</strong> <strong>the</strong> dwelling.CompliesHEIGHT AND BUILDING FORM / FRONTAGE WIDTHCommentThe predominant height <strong>of</strong> buildings in <strong>the</strong> street is single storey. The proposeddevelopment includes two (2) storey dwellings. The dwellings have been largely designed tominimise bulk, with first floors smaller than <strong>the</strong> ground floor envelope and setting <strong>the</strong> upperfloor <strong>of</strong> Dwelling 1 back from <strong>the</strong> front wall <strong>of</strong> <strong>the</strong> dwelling. Although <strong>the</strong> upper floor is not setback one (1) room from <strong>the</strong> façade, it is set back adequately from <strong>the</strong> façade and frontporch, so that <strong>the</strong> single storey streetscape façade is maintained. The design includessetbacks at <strong>the</strong> upper floor levels to provide articulation and separation. It is also noted that<strong>the</strong> rear dwelling is single storey, thus appropriately addressing <strong>the</strong> lower scale rear yardgarden character.The maximum height <strong>of</strong> <strong>the</strong> development is approximately 7.1m (Dwellings 1 and 2 only) andis acceptable. Fur<strong>the</strong>rmore <strong>the</strong> proposal is adequately articulated through variable setbacksand a mix <strong>of</strong> materials to provide a transition between <strong>the</strong> site and adjacent single storeydwellings.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.CompliesFRONT BOUNDARY TREATMENTCommentNo front fence is proposed which is consistent with neighbouring <strong>the</strong>mes.CompliesCLAUSE 55 ASSESSMENTStandard B1 Neighbourhood Character• This element has been considered above in <strong>the</strong> Neighbourhood Character PolicyAssessment. Although <strong>the</strong> development provides two (2) storey dwellings extendinginto <strong>the</strong> site, <strong>the</strong> rear dwelling is single storey, thus providing an appropriate transitionto <strong>the</strong> lower scale rear yard character. Additionally, it is important to note that <strong>the</strong>design provides significant breaks between buildings at upper floor level, as well asample setbacks to <strong>the</strong> side boundaries to address visual bulk.Page 28

PLANNING COMMITTEE MINUTES 25 JULY 2011Complies subject to conditionsStandard B2 Residential Policy• The proposal is accompanied by an acceptable written statement and designresponse.• The proposal generally complies with <strong>the</strong> State Planning Policy Framework, <strong>the</strong> LocalPlanning Policy Framework including Council’s Municipal Strategic Statement and local<strong>planning</strong> policies.• The development fur<strong>the</strong>rs one <strong>of</strong> <strong>the</strong> key objectives <strong>of</strong> <strong>the</strong> Residential 1 Zone - toprovide for residential development at a range <strong>of</strong> densities with a variety <strong>of</strong> dwellings tomeet <strong>the</strong> housing needs <strong>of</strong> all households.CompliesStandard B3 Dwelling diversity• N/A (This standard applies to developments <strong>of</strong> 10 or more dwellings and is notapplicable to <strong>the</strong> subject application).Standard B4 Infrastructure• The 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> siteand is subject to conditions.Complies subject to a conditionStandard B5 Integration with <strong>the</strong> street• Dwelling 1 fronts Mihil Street.• No front fence is proposed which maintains open views <strong>of</strong> <strong>the</strong> front garden.• The site does not adjoin any public land.CompliesStandard B6 Street setback• The standard <strong>the</strong>refore requires a setback <strong>of</strong> 7.65m (average distance <strong>of</strong> <strong>the</strong> abuttingallotments). The proposed front setback <strong>of</strong> 7.65m meets <strong>the</strong> standard.CompliesStandard B7 Building height• The maximum height <strong>of</strong> <strong>the</strong> proposed dwellings is approximately 7.1m (Dwellings 1and 2 only) where a maximum height <strong>of</strong> 9m is allowed under this standard.CompliesStandard B8 Site coverage• Site coverage is 43% where 60% site coverage is allowed this standardCompliesPage 29

PLANNING COMMITTEE MINUTES 25 JULY 2011Standard B9 Permeability• Permeability is 29% where a minimum <strong>of</strong> 20% is required under this standard.CompliesStandard B10 Energy efficiency• The proposal is considered to be generally energy efficient due to <strong>the</strong> following:• Cross ventilation is available in <strong>the</strong> design <strong>of</strong> <strong>the</strong> units.• The development does not unreasonably affect <strong>the</strong> solar access and energy efficiency<strong>of</strong> neighbouring dwellings.• Open space and/or living areas with access to north light.• Space for outdoor clo<strong>the</strong>s drying facilities are provided.• It is considered that <strong>the</strong> development is broadly energy efficient. The development willalso be required to achieve a 5 star energy rating pursuant to building controls.CompliesStandard B11 Open space• N/A (The site is not adjacent to any areas <strong>of</strong> public or communal open space).Standard B12 Safety• The entrances to <strong>the</strong> proposed dwellings are adequately visible from Mihil Street and<strong>the</strong> internal access way. The private open space areas are unable to be used aspublic thoroughfares.CompliesStandard B13 Landscaping• The surrounding landscape character is generally semi mature and informal withlarge open spaces and spacious setbacks.• The open spaces and setbacks are generally large enough to provide sufficientlandscaping.• A landscape plan is requested as a condition <strong>of</strong> <strong>planning</strong> approval.Complies subject to conditionStandard B14 Access• The internal access way is 3m wide and provides sufficient space for parking andmanoeuvring. Vehicles can enter and exit <strong>the</strong> site in a forwards direction.CompliesStandard B15 Parking location• Parking facilities are in proximity to dwellings.• The proposed garages are an adequately secure form <strong>of</strong> parking.• The access is observable.CompliesPage 30

PLANNING COMMITTEE MINUTES 25 JULY 2011Standard B16 Parking provision• The dwellings provide two (2) bedrooms and access to <strong>the</strong> one (1) car space.Dwelling 1 has a study with dimensions <strong>of</strong> 2.5m x 2.1m, and is <strong>the</strong>refore unlikely tobe used as a bedroom, given its minimal size.• The garage dimensions comply with <strong>the</strong> standard.• Access to <strong>the</strong> car spaces is acceptable.CompliesStandard B 17 Side and rear setbacksGround floorBoundary Wall height Required Setback Proposed setbackUnit 1 – East 3.6m 1m 4mUnit 1 – West 2.7m 1m 1mUnit 2 – East 3.3m 1m 4.6mUnit 2 – West 3.3m 1m 2mUnit 3 - East 3.4m 1m 4.6mUnit 3 - West 3.4m 0m 2mUnit 4 – East 3.7m 1.03m 3.2mUnit 4 – West 2.98m 1m 150mm (see wallson boundaryassessment)Unit 4 – North 2.8m 1m 3.06mFirst FloorBoundary Wall height Required Setback Proposed setbackUnit 1 – East 5.4m 1.54m 4.7mUnit 1 – West 5.3m 1.51m 1.85mUnit 2 – East 5.4m 1.54m 5.386mUnit 2 – West 5.3m 1.51m 3.7mUnit 3 - East 5.5m 1.57m 5.386mUnit 3 - West 5.4m 1.54m 3.7m• Walls built to boundary are considered under <strong>the</strong> walls on boundaries standard below.CompliesPage 31

PLANNING COMMITTEE MINUTES 25 JULY 2011Standard B18 Walls on boundaries• The proposal provides a 7.67m long wall along <strong>the</strong> west boundary where a maximumboundary wall length <strong>of</strong> 10m + 25% <strong>of</strong> <strong>the</strong> remaining boundary wall is allowed along<strong>the</strong> boundary under this standard. The wall provides a maximum height <strong>of</strong> 3m wherean average wall height <strong>of</strong> 3m is recommended under Clause 55.CompliesStandard B19 Daylight to existing windows• All existing windows located opposite <strong>the</strong> development have a light court with an area<strong>of</strong> at least 3 square metres and minimum dimension <strong>of</strong> 1m clear to <strong>the</strong> sky. Upperfloor walls are set back more than half <strong>the</strong>ir wall height where opposite habitable roomwindows.CompliesStandard B20 North facing windows• NA (There are no north facing windows within 3m <strong>of</strong> <strong>the</strong> development).CompliesStandard B21 Overshadowing open space• The submitted shadow diagrams indicate that <strong>the</strong> development does not significantlyovershadow <strong>the</strong> existing secluded private open space on <strong>the</strong> adjoining properties andcomplies with <strong>the</strong> standard (at least 75 per cent, or 40 square metres with a minimumdimension <strong>of</strong> 3 metres, whichever is <strong>the</strong> lesser area, <strong>of</strong> <strong>the</strong> secluded private openspace on adjoining lots will receive a minimum <strong>of</strong> five hours <strong>of</strong> sunlight between 9amand 3pm on 22 September).CompliesStandard B22 Overlooking• The proposed ground floor levels have finished floor levels less than 0.8m abovenatural ground level at <strong>the</strong> boundary. The proposed 1.8m high boundary fences willsufficiently limit overlooking to comply with <strong>the</strong> standard.• The upper floor balconies will have screens to <strong>the</strong>ir perimeter to a height <strong>of</strong> 1.7m.These screens should be a maximum 25% transparency, in accordance with <strong>the</strong>standard requirement.• There are no windows to <strong>the</strong> west elevation and all upper floor windows to <strong>the</strong> east areto have fixed obscure glass to a minimum height <strong>of</strong> 1.7m above floor level. All upperfloor windows to <strong>the</strong> internal north and south elevations will have obscure glass or sillsto 1.7m and thus meet <strong>the</strong> standard. All first floor obscure glass should be fixed to1.7m above finished floor level.Complies subject to conditionsStandard B23 Internal views• N/A (There are no opportunities for internal overlooking).Standard B24 Noise impacts• There are no obvious noise sources within <strong>the</strong> development that would not normally beexpected in a residential area.CompliesPage 32

PLANNING COMMITTEE MINUTES 25 JULY 2011Standard B25 Accessibility• The proposed dwellings can be made accessible for people with limited mobility byconstruction <strong>of</strong> a ramp, if required.CompliesStandard B26 Dwelling entry• The entries are visible and easily identifiable. A sense <strong>of</strong> address and shelter is alsoprovided adjacent each entrance.CompliesStandard B27 Daylight to new windows• Adequate daylight will be available to <strong>the</strong> windows in <strong>the</strong> new development.Habitable room windows face an outdoor space clear to <strong>the</strong> sky or a light court with aminimum area <strong>of</strong> 3 square metres and minimum dimension <strong>of</strong> 1m clear to <strong>the</strong> sky.CompliesStandard B28Private open space• The development provides adequate private open space for <strong>the</strong> reasonablerecreation and service needs <strong>of</strong> residents. To ensure adequate solar access to <strong>the</strong>balcony <strong>of</strong> Dwelling 1 changes are recommended (see solar access to open spacebelow). The assessment <strong>of</strong> <strong>the</strong> Dwelling 1 balcony is based on <strong>the</strong> originallyadvertised plans.• The standard specifies that a balcony <strong>of</strong> 8 square metres with a minimum width <strong>of</strong>1.6 metres with convenient access from a living room is an acceptable amount <strong>of</strong>open space for <strong>the</strong> recreation needs <strong>of</strong> a dwelling. Dwellings 1, 2 and 3 will have firstfloor balconies <strong>of</strong> 12.7 square metres (see solar access to open space conditionbelow), 15 square metres and 9.7 square metres respectively with a minimum width<strong>of</strong> 2.3m, 3m and 1.6m respectively. The balconies comply with <strong>the</strong> standard andconsequently are an acceptable method <strong>of</strong> providing private open space. It is alsonoted that Dwellings 1, 2 and 3 also have ground level secluded private open spaces<strong>of</strong> 12 square metres, 20 square metres and 20 square metres respectively. Theseground level open spaces provide additional recreation area and landscapingopportunities (to maintain <strong>the</strong> character <strong>of</strong> <strong>the</strong> area)• Dwelling 4 will have 66.5 square metres <strong>of</strong> secluded private open space, with adimension <strong>of</strong> greater than 3m.• All secluded private open space areas have direct access to a living room.CompliesStandard B29 Solar access to open space• All balconies are north facing. There is no wall to <strong>the</strong> north <strong>of</strong> <strong>the</strong> Dwelling 3 balcony.The Dwellings 1 and 2 balconies have a 2.6m to 4.2m high wall setback 3.67m and6.4m from <strong>the</strong> south boundary <strong>of</strong> <strong>the</strong>ir balconies. Dwelling 2 is in accordance with <strong>the</strong>standard. Dwelling 1 is not in accordance with <strong>the</strong> standard. It is recommended that<strong>the</strong> Dwelling 1 first floor balcony be relocated to <strong>the</strong> west <strong>of</strong> <strong>the</strong> dwelling generally inaccordance with Plan TP03 and TP04 Rev A as submitted with <strong>the</strong> application andadvertised. This provides a 12.7 square metre balcony.Complies subject to conditionPage 33

PLANNING COMMITTEE MINUTES 25 JULY 2011Standard B30 Storage• Six (6) cubic metres <strong>of</strong> storage facilities are provided to each dwelling.CompliesStandard B31 Design detail• Brick and wea<strong>the</strong>rboard dominate <strong>the</strong> street and it is recommended that <strong>the</strong> upperfloor facades (which comprise polystyrene cladding) incorporate wea<strong>the</strong>rboard pr<strong>of</strong>ilecladding to respect <strong>the</strong> streetscape character. Subject to this change it is consideredthat <strong>the</strong> design, siting and scale <strong>of</strong> <strong>the</strong> development responds to <strong>the</strong> design <strong>of</strong> <strong>the</strong>streetscape by providing a matching ro<strong>of</strong> form and materials to those prevailing in <strong>the</strong>immediate area. It is considered that <strong>the</strong> development represents a reasonablevisual transition between <strong>the</strong> adjacent properties and no significant visual impactupon <strong>the</strong> pattern <strong>of</strong> <strong>the</strong> streetscape and neighbourhood character arises as a result<strong>of</strong> <strong>the</strong> siting <strong>of</strong> <strong>the</strong> proposal.Complies subject to conditionsStandard B32 Front fences• No front fence is proposed which is consistent with neighbouring properties.CompliesStandard B33 Common property• The development has been designed so that <strong>the</strong> land may be subdivided with only<strong>the</strong> driveway area as common property. This is an acceptable arrangement whichcould be easily managed by a body corporate.CompliesStandard B34 Site services• Each dwelling has sufficient area to locate site services without impacting on <strong>the</strong>o<strong>the</strong>r lots or on adjoining properties. Site services should be shown on <strong>the</strong> plans inappropriate locations.Complies subject to conditionsCONCLUSIONThe proposal complies with all relevant <strong>planning</strong> policies and <strong>planning</strong> scheme requirements.It is recommended that <strong>the</strong> application be approved. Subject to conditions, <strong>the</strong> proposalcomplies with all relevant <strong>planning</strong> policies and <strong>planning</strong> scheme requirements. It isrecommended that <strong>the</strong> application be approved.POLICY IMPLICATIONSEnvironmental SustainabilityAll new dwellings are required to achieve a minimum six (6) star energy rating under <strong>the</strong>relevant building controls.Page 34

PLANNING COMMITTEE MINUTES 25 JULY 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 DOCUMENTSNote relevant legislation. However, <strong>the</strong> following would be applicable to <strong>the</strong> majority <strong>of</strong><strong>planning</strong> applications: Darebin Planning Scheme and <strong>the</strong> Planning and Environment Act(1987) as amended.COMMITTEE DECISIONMOVED:SECONDED:Cr. T. LaurenceCr. N. KatsisTHAT Planning Permit Application D/238/2011 be refused and a Notice <strong>of</strong>Refusal be issued on <strong>the</strong> following grounds:(1) The proposal provides insufficient landscaping opportunities and is contraryto <strong>the</strong> backyard character <strong>of</strong> <strong>the</strong> area and Clauses 22.04, 55.01-2 and55.03-8 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.(2) The two storey scale <strong>of</strong> <strong>the</strong> development is contrary to <strong>the</strong> character <strong>of</strong> <strong>the</strong>streetscape and Clause 22.04 and 55.01-2 and 55.06-1 <strong>of</strong> <strong>the</strong> DarebinPlanning Scheme.Page 35

PLANNING COMMITTEE MINUTES 25 JULY 2011(3) The reverse living arrangement <strong>of</strong> Dwellings 1, 2 and 3 provides insufficientopen space for <strong>the</strong> likely user needs, poor amenity for residents and iscontrary to Clause 55.05-4 if <strong>the</strong> Darebin Planning Scheme.(4) The proposal is an overdevelopment <strong>of</strong> <strong>the</strong> site.CARRIEDPage 36

PLANNING COMMITTEE MINUTES 25 JULY 20115.3 APPLICATION FOR PLANNING PERMIT D/227/200928-30 Hutton Street, ThornburyAUTHOR:DIRECTOR:Senior Planner – Deniz Yener-KorematsuDirector City Works and Development – Michael BallockOWNER/APPLICANT/CONSULTANT:Applicant:Peter Rujanoski C/- Architectural Plans & PermitsShop 2 387 Station StTHORNBURY VIC 3071Owner:Xiao Ling Wu28 Hutton StTHORNBURY VIC 3071SUMMARY:• The proposal is for a medium density housing development comprising six (6) doublestoreydwellings. The dwellings generally provide two (2) and three (3) bedroomaccommodation and commensurate on-site car parking for <strong>the</strong> dwellings, including two(2) visitor parking spaces.• A restrictive covenant is registered on each <strong>of</strong> <strong>the</strong> Certificates <strong>of</strong> Title and relate to‘mining rights’ over <strong>the</strong> land under <strong>the</strong> relevant Mining Act as referred to within <strong>the</strong>body <strong>of</strong> Covenant. The proposal to construct dwellings is not considered to breach <strong>the</strong>covenant.• Recommendation - supportCONSULTATION:• Letters were sent to adjoining and surrounding owners and occupiers and a sign waserected on <strong>the</strong> site.• Seven (7) objections have been received, including one (1) objection in <strong>the</strong> form <strong>of</strong> apetition with four (4) signatures.• A consultation <strong>meeting</strong> was not <strong>held</strong> as <strong>the</strong> objections raised were not considered tobe able to be mediated.• The application has not been referred externally• The application has been referred internally to <strong>the</strong> following Council Units:- Capital Works Unit – <strong>the</strong> application is supported subject to conditions.- Transport Management and Planning Unit – <strong>the</strong> application is supported subjectto conditions.Page 37

PLANNING COMMITTEE MINUTES 25 JULY 2011RECOMMENDATIONTHAT Planning Permit Application D/227/2009 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 Ground Floor Plan A-1, FirstFloor Plan A-2, Elevations A-3 revised 26.11.2010, prepared by Architectural Plansand Permits and received by Council on 10 December 2010) but modified to show:a) The visitor parking space between Unit 2 and Unit 3 increased in width to 3.5metres by a relocation <strong>of</strong> Unit 2’s nor<strong>the</strong>rn wall or Unit 3’s sou<strong>the</strong>rn wall, or arelocation <strong>of</strong> both walls as necessary but without increasing <strong>the</strong> building footprintor reducing any <strong>of</strong> <strong>the</strong> remaining setbacks <strong>of</strong> ei<strong>the</strong>r dwelling.b) The eastern kitchen wall <strong>of</strong> Unit 2 relocated to align with <strong>the</strong> eastern entry andstaircase wall <strong>of</strong> Unit 2 to allow sufficient manoeuvrability for <strong>the</strong> adjoining visitorcar parking space and a one (1) metre wide landscape buffer in front <strong>of</strong> <strong>the</strong>relocated eastern wall.c) The existing western crossover servicing Unit 1 realigned to match <strong>the</strong>accessway location.d) The provision <strong>of</strong> pedestrian visibility splays measuring 2.0 metres (width across<strong>the</strong> frontage) by 2.5 metres (depth into <strong>the</strong> site), to <strong>the</strong> eastern and western sides<strong>of</strong> <strong>the</strong> proposed and existing crossovers to Hutton Street. Where within <strong>the</strong>subject site, any structures or vegetation within <strong>the</strong>se splays must be not morethan 1.15 metres in height.e) A notation indicating <strong>the</strong> extent <strong>of</strong> <strong>the</strong> construction <strong>of</strong> <strong>the</strong> rear right <strong>of</strong> way (referto Condition No.19 <strong>of</strong> this Permit).f) The provision <strong>of</strong> high quality garage doors to Unit 1 and Unit 6, including fullspecifications, that blend in with <strong>the</strong> colour and materials scheme <strong>of</strong> Unit 1 andUnit 6.g) The specification <strong>of</strong> timber cladding to <strong>the</strong> first floor walls <strong>of</strong> Unit 1 and Unit 6.h) Provision <strong>of</strong> permeable paving to <strong>the</strong> driveways <strong>of</strong> Unit 1 and Unit 6; and <strong>the</strong>visitor car parking space hardstands on <strong>the</strong> site.i) A setback <strong>of</strong> 1 metre between <strong>the</strong> shared accessway and <strong>the</strong> western wall <strong>of</strong>Unit 5.j) The western kitchen windows <strong>of</strong> Unit 5 with a minimum sill height <strong>of</strong> 1.4 metresabove <strong>the</strong> accessway.k) The setback <strong>of</strong> <strong>the</strong> nor<strong>the</strong>rn wall <strong>of</strong> Bedroom 2 <strong>of</strong> Unit 4 from <strong>the</strong> nor<strong>the</strong>rnboundary corrected to show approximately 4.8 metres.l) The setback <strong>of</strong> Unit 3’s first floor walls from <strong>the</strong> western boundary increased to 3metres for <strong>the</strong> bathroom and 3.5 metres for Bedroom 2, without an increase in<strong>the</strong> footprint <strong>of</strong> <strong>the</strong> dwelling and without a reduction to any <strong>of</strong> <strong>the</strong> o<strong>the</strong>r setbacksfrom <strong>the</strong> boundaries.m) The finished first floor levels <strong>of</strong> <strong>the</strong> dwellings, to Australian Height Datum (AHD).Page 38

PLANNING COMMITTEE MINUTES 25 JULY 2011n) The western ground floor wall <strong>of</strong> Unit 3 (meals and laundry) reduced in height to3 metres maximum average, with no part exceeding a height <strong>of</strong> 3.6 metres abovenatural ground level.o) The windows listed below provided with ei<strong>the</strong>r:- A sill with a minimum height <strong>of</strong> 1.7 metres above finished floor level,- A fixed screen with a maximum permeability <strong>of</strong> 25% to a minimum height <strong>of</strong>1.7 metres above finished floor level or- Fixed obscure glazing (not film) to a minimum height <strong>of</strong> 1.7 metres abovefinished floor level.Where fixed screens are being utilised a section diagram must be included todemonstrate how <strong>the</strong> screens minimise overlooking <strong>of</strong> adjoining properties:• Unit 1 – west facing Bedroom 1 window• Unit 2 – west facing Bedroom 2 window• Unit 3 – north-facing (both) Bedroom 2 windows• Unit 4 – north-facing Bedroom 1 & Bedroom 2 windows• Unit 5 – east facing Bedroom 2 windowp) The width <strong>of</strong> <strong>the</strong> secluded private open space area <strong>of</strong> Unit 1 increased by from3.7 metres to 4.2 metres, providing a secluded private open space area 25square metres minimum, measuring 4.20 metres x 5.99 metres.q) The secluded private open space area <strong>of</strong> Unit 6 modified to provide an areameasuring 5 metre x 5 metre as measured from <strong>the</strong> north-east corner <strong>of</strong> Unit 6,resulting in a partial deletion/modification <strong>of</strong> <strong>the</strong> south-east corner <strong>of</strong> Unit 5.r) The eastern wall <strong>of</strong> Bedroom 2 <strong>of</strong> Unit 5 with a setback <strong>of</strong> 5 metres from <strong>the</strong>eastern boundary to provide solar access to <strong>the</strong> secluded private open spacearea <strong>of</strong> Unit 6 in accordance with <strong>the</strong> provisions <strong>of</strong> Clause 55.05-5 (StandardB29) <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.s) The provision <strong>of</strong> secluded private open space area to Unit 5 <strong>of</strong> 25 square metreswith a minimum dimension <strong>of</strong> 3 metres; and an overall private open space area<strong>of</strong> 40 square metres minimum.t) The height <strong>of</strong> fences on <strong>the</strong> nor<strong>the</strong>rn, eastern and western boundaries (exceptwithin 6.5 metres <strong>of</strong> <strong>the</strong> sou<strong>the</strong>rn boundary <strong>of</strong> <strong>the</strong> land) to be a minimum height<strong>of</strong> 1.8 metres as measured above natural ground level.Where necessary, <strong>the</strong> fence height may be increased by raising <strong>the</strong> height <strong>of</strong> <strong>the</strong>fence or by <strong>the</strong> provision <strong>of</strong> free-standing, self supporting trellis adjacent <strong>the</strong>fence to <strong>the</strong> required height. If utilised, such trellis must be a maximum <strong>of</strong> 25%open and be fixed, permanent, durable and coloured or painted to blend with <strong>the</strong>development.u) A landscape plan in accordance with Condition No. 5 <strong>of</strong> this Permit.v) Modifications in accordance with <strong>the</strong> Sustainable Design Statement (refer toCondition No. 6 <strong>of</strong> this Permit).w) A comprehensive schedule <strong>of</strong> construction materials, external finishes andcolours (including colour samples).When approved, <strong>the</strong> plans will be endorsed and form part <strong>of</strong> this Permit.Page 39

PLANNING COMMITTEE MINUTES 25 JULY 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:• 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.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) Provision <strong>of</strong> a minimum <strong>of</strong> one (1) medium canopy tree within <strong>the</strong> secludedprivate open space area <strong>of</strong> each dwelling, with a minimum height <strong>of</strong> two (2)metres and <strong>the</strong> time <strong>of</strong> installation and a minimum height <strong>of</strong> 4-5 metres atmaturityb) Provision <strong>of</strong> a minimum <strong>of</strong> three (3) medium canopy trees within <strong>the</strong> frontsetback <strong>of</strong> <strong>the</strong> development, with a minimum height <strong>of</strong> two (2) metres and <strong>the</strong>time <strong>of</strong> installation and a minimum height <strong>of</strong> 4-5 metres at maturityc) 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 specifiedd) 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 plantse) 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> propertyg) All constructed items including retaining walls, letter boxes, garbage binreceptacles, outdoor furniture, lighting, clo<strong>the</strong>slines etch) Edge treatment between grass (lawn) and garden bedsi) 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 shownj) 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 beavoidedk) Clear graphics identifying trees (deciduous and evergreen), shrubs,groundcovers and climbersPage 40

PLANNING COMMITTEE MINUTES 25 JULY 2011l) 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. Before <strong>the</strong> development starts, a Sustainable Design Statement detailing sustainabledesign strategies to be incorporated into <strong>the</strong> development to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority must be submitted to, and approved in writing by <strong>the</strong>Responsible Authority. The sustainable design statement must outline proposedsustainable design initiatives within <strong>the</strong> development such as (but not limited to) energyefficiency, water conservation, stormwater quality, waste management and materialselection.The development must be constructed in accordance with <strong>the</strong> requirements/recommendations <strong>of</strong> <strong>the</strong> Sustainable Design Statement to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority.7. 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.8. 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.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. All dwellings that share dividing walls and/or floors must be constructed to limit noisetransmission in accordance with Part F(5) <strong>of</strong> <strong>the</strong> Building Code <strong>of</strong> Australia.11. 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.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.Page 41

PLANNING COMMITTEE MINUTES 25 JULY 201115. 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 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.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.19. Prior to <strong>the</strong> occupation <strong>of</strong> <strong>the</strong> development:a) Plans detailing <strong>the</strong> construction and surfacing including drainage <strong>of</strong> <strong>the</strong> right <strong>of</strong>way abutting <strong>the</strong> nor<strong>the</strong>rn boundary <strong>of</strong> <strong>the</strong> property, commencing from <strong>the</strong> nor<strong>the</strong>astcorner <strong>of</strong> <strong>the</strong> property at No.26 Hutton Street and continuing west to <strong>the</strong>north-west corner alignment <strong>of</strong> <strong>the</strong> subject land (30 Hutton Street), must besubmitted to and approved by Council.b) The right <strong>of</strong> way to abutting <strong>the</strong> nor<strong>the</strong>rn boundary <strong>of</strong> <strong>the</strong> property and No.26Hutton Street, commencing from <strong>the</strong> north-east corner <strong>of</strong> <strong>the</strong> property at No.26Hutton Street and continuing west to <strong>the</strong> north-west corner alignment <strong>of</strong> <strong>the</strong>subject land (30 Hutton Street) must be constructed and surfaced in accordancewith <strong>the</strong> approved plans.All works must be to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> responsible authority.REPORTINTRODUCTION AND BACKGROUND• Planning Permit application D/227/2009 was lodged on 9 April 2009. At that time, acovenant as it appeared on <strong>the</strong> Certificate <strong>of</strong> Title for No.28 Hutton Street restricted <strong>the</strong>use <strong>of</strong> <strong>the</strong> land to not more than one residence or not more than one residence andone building for business purposes. The application comprised <strong>of</strong> <strong>the</strong> construction <strong>of</strong>four (4) new dwellings and <strong>the</strong> retention <strong>of</strong> <strong>the</strong> existing dwelling at No.28 Hutton Street.• On 27 January 2011, <strong>the</strong> application was amended under Section 50A <strong>of</strong> <strong>the</strong> Planningand Environment Act 1987 and <strong>the</strong> proposal with this application comprised <strong>of</strong> <strong>the</strong>construction <strong>of</strong> six (6) double-storey dwellings. The Certificate <strong>of</strong> Title submitted withPage 42

PLANNING COMMITTEE MINUTES 25 JULY 2011this application showed that <strong>the</strong> part <strong>of</strong> <strong>the</strong> covenant previously restricting <strong>the</strong>construction <strong>of</strong> more than one residence on <strong>the</strong> land had been removed from <strong>the</strong> Title.ISSUES AND DISCUSSIONSubject site and surrounding area• The subject site is comprised <strong>of</strong> two allotments providing a combined frontage <strong>of</strong> 28.66metres to Hutton Street, a depth <strong>of</strong> 46.02 metres and a total site area <strong>of</strong> 1322.8 squaremetres.• The site is relatively flat.• The subject land is zoned Residential 1 (R1Z) and is affected by <strong>the</strong> DevelopmentContributions Plan Overlay (DCPO1)• The subject land is situated on <strong>the</strong> nor<strong>the</strong>rn side <strong>of</strong> Hutton Street and has a Right <strong>of</strong>Way abuttal to its north boundary.• Two (2) single-storey dwellings exist on <strong>the</strong> subject site.• Thornbury Primary School is to <strong>the</strong> east, adjoining No.26 Hutton Street.• Single-storey dwellings occupy <strong>the</strong> adjoining sites to <strong>the</strong> east and west.• A twelve (12) unit development (single-storey) occupies <strong>the</strong> site on <strong>the</strong> south side <strong>of</strong>Hutton Street, opposite <strong>the</strong> subject site.• Beyond <strong>the</strong> Right-<strong>of</strong>-Way to <strong>the</strong> north, are <strong>the</strong> secluded private open space areas <strong>of</strong>detached dwellings facing Murray Street.• The site is located 120 metres east <strong>of</strong> St Georges Road and approximately 400 metreswest <strong>of</strong> High Street. The Miller on Gilbert, South Preston and Thornbury Village activitycentres are all within a 600 metre radius <strong>of</strong> <strong>the</strong> subject site. The site has convenientaccess to Tram Routes 11 and 125 along St Georges Road; is 200 metres fromThornbury Railway Station and 450 metres from Tram Route 86 along High Street.Proposal• Six (6) double-storey dwellings are proposed.• The dwellings provide two (2) and three (3) bedroom accommodation.• Each dwelling with two (2) bedrooms has access to a covered parking space; and eachdwelling with three (3) or more bedrooms has access to two (2) parking spaces.• Two (2) visitor parking spaces are available on <strong>the</strong> site.• The two (2) existing crossovers to Hutton Street will be retained and one (1) newcentrally located crossover is proposed.• Vehicular access to <strong>the</strong> garages <strong>of</strong> <strong>the</strong> rear dwellings will be gained via <strong>the</strong> Right-<strong>of</strong>-Way.• Each dwelling is provided in excess <strong>of</strong> 40 square metres <strong>of</strong> private open space.Page 43

PLANNING COMMITTEE MINUTES 25 JULY 2011OBJECTIONS• Seven (7) objections have been received.Objections summarised1. Window location on adjoining site incorrectly shown2. Secluded private open space areas and fences on adjoining site not shown3. Wall on boundary too high4. Removal or retention <strong>of</strong> boundary fences not clear5. Visitor parking space not workable6. Loss <strong>of</strong> street parking due to additional crossover7. Overlooking8. Due to <strong>the</strong> condition and width <strong>of</strong> Right-<strong>of</strong>-Way, access to garages via <strong>the</strong> Right-<strong>of</strong>-Way is not appropriate9. Owner <strong>of</strong> adjoining property is not willing to contribute financially to <strong>the</strong> upgrade <strong>of</strong> <strong>the</strong>Right-<strong>of</strong>-Way10. Overdevelopment11. Insufficient public notification period12. Public Notices on <strong>the</strong> site not erected for full advertising period13. Neighbourhood character14. Two-storey height into <strong>the</strong> site inappropriate15. Property devaluation16. Traffic noise along Right-<strong>of</strong>-Way17. Insufficient parking for <strong>the</strong> dwellings which have a study as well as three (3) bedrooms18. Insufficient parking in <strong>the</strong> street due to school and tram/train users19. Traffic congestion20. Inconvenience to surrounding area during construction period (parking and security)21. Insufficient area on street for twelve (12) bins on waste collection days22. Increased vehicles a safety risk to pedestrians and school children23. Overshadowing <strong>of</strong> windows24. Reduced energy efficiency due to reduced daylight to adjoining habitable roomwindows25. Densely built-up areas linked to increased crime26. Loss <strong>of</strong> food security and urban food production (loss <strong>of</strong> vegetable and fruit gardens)27. Driveways and car parks create heat islands28. Older dwellings provide affordable shared accommodation; new dwellings are lessaffordable.Page 44

PLANNING COMMITTEE MINUTES 25 JULY 2011Officer comment on summarised objections1. A site inspection has been carried out by <strong>the</strong> <strong>planning</strong> <strong>of</strong>ficer and any discrepanciesin <strong>the</strong> location <strong>of</strong> adjoining windows as shown on <strong>the</strong> plans has been taken intoconsideration in <strong>the</strong> assessment <strong>of</strong> <strong>the</strong> application.2. A site inspection has been carried out by <strong>the</strong> <strong>planning</strong> <strong>of</strong>ficer and any information left<strong>of</strong>f <strong>the</strong> development drawings in relation to fences and private open space areas onadjoining sites has been taken into consideration in <strong>the</strong> assessment <strong>of</strong> <strong>the</strong>application.3. The wall height <strong>of</strong> 3.4 metres to <strong>the</strong> western wall <strong>of</strong> Unit 3 is non-compliant with <strong>the</strong>relevant standard and will need to be reduced via conditions <strong>of</strong> any approval.The eastern Unit 4 wall is constructed against a simultaneously constructed wall on<strong>the</strong> common boundary and is proposed to have a height <strong>of</strong> 3.375 metres. As this wallis to be constructed against a simultaneously constructed wall on <strong>the</strong> adjoiningproperty, <strong>the</strong> relevant standard in Clause 55 allows <strong>the</strong> proposed height.4. All fences along boundaries, existing or new, are required to achieve a minimumheight <strong>of</strong> 1.8 metres and this can be addressed as part <strong>of</strong> any approval (seediscussion in later parts <strong>of</strong> this report).5. The visitor parking space between Units 2 and 3 is not able to manoeuvre to exit <strong>the</strong>site in a forwards direction. This can be rectified via conditions modifying <strong>the</strong> easternwall <strong>of</strong> Unit 2 (see fur<strong>the</strong>r discussion in later parts <strong>of</strong> this report).6. There is no net loss in street car parking as a result <strong>of</strong> <strong>the</strong> development. Council’sTransport Management and Planning Unit have advised that three (3) vehicles arecurrently able to be accommodated in front <strong>of</strong> <strong>the</strong> site; three (3) vehicles can beaccommodated in front <strong>of</strong> <strong>the</strong> site with <strong>the</strong> proposed crossovers, provided <strong>the</strong> existingwestern crossover is relocated to align with <strong>the</strong> driveway <strong>of</strong> Unit 1.7. Overlooking from first floor areas <strong>of</strong> <strong>the</strong> development can be addressed viaconditions <strong>of</strong> any approval (see fur<strong>the</strong>r discussion in later parts <strong>of</strong> this report).8. Council’s Transport engineer and <strong>the</strong> Planning <strong>of</strong>ficer have inspected <strong>the</strong> subject siteand <strong>the</strong> adjoining Right-<strong>of</strong>-Way. Despite <strong>the</strong> Right-<strong>of</strong>-Way having a width <strong>of</strong> less than3 metres, vehicular access to <strong>the</strong> rear garages can still be managed from <strong>the</strong>laneway as <strong>the</strong> garages are sufficiently set back into <strong>the</strong> site and <strong>the</strong> fences adjacentto <strong>the</strong> garages provide appropriate splays.9. The full cost <strong>of</strong> sealing and upgrading <strong>the</strong> laneway will be borne by <strong>the</strong>developer/owner; development contribution from adjoining properties will not berequested for <strong>the</strong>se works. This requirement will be covered by conditions <strong>of</strong> anyapproval.10. The site is suitably located within proximity to services and public transportinfrastructure. The design is appropriate in terms <strong>of</strong> <strong>the</strong> response to <strong>the</strong> opportunitiesand constraints <strong>of</strong> <strong>the</strong> site and compliance with overall residential policy in terms <strong>of</strong>neighbourhood character and site responsive design. The proposed intensity <strong>of</strong>development is <strong>the</strong>refore considered to be acceptable.11. Public notification <strong>of</strong> <strong>the</strong> application has been undertaken in accordance with <strong>the</strong>provisions <strong>of</strong> <strong>the</strong> Planning and Environment Act 1987. The applicant has provided aStatutory Declaration declaring that public notification signs remained on <strong>the</strong> site fora 14 day period. A decision on <strong>the</strong> application has not been made prior to advertisingbeing completed. It is considered that affected properties have been providedsufficient time to submit concerns in accordance with <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> Act.Page 45

PLANNING COMMITTEE MINUTES 25 JULY 201112. See response in item 11 above.13. The development is not considered to be out <strong>of</strong> character with <strong>the</strong> surrounding areaas sufficient front and side setbacks are made available for landscaping purposes,<strong>the</strong> two-storey form is an appropriate height transition to existing single-storey andtwo-storey dwellings and residential buildings in <strong>the</strong> area; <strong>the</strong> development has adomestic character which is generally in keeping with neighbourhood character, and<strong>the</strong> immediately surrounding area is sufficiently varied in scale and architectural formto accommodate <strong>the</strong> proposal . These matters are fur<strong>the</strong>r covered in <strong>the</strong> <strong>of</strong>ficer’sreport.14. Two-storey height into <strong>the</strong> site can be appropriate provided amenity impacts onadjoining properties are sensitively managed. See fur<strong>the</strong>r discussion in later parts <strong>of</strong>this report.15. Property values are speculative and not a <strong>planning</strong> issue.16. The primary purpose <strong>of</strong> a Right-<strong>of</strong>-Way is to enable vehicular access to <strong>the</strong> rear <strong>of</strong>properties and is an existing arrangement for properties abutting <strong>the</strong> Right-<strong>of</strong>-Way.Any traffic noise resulting from this use will be intermittent and should notsubstantially affect <strong>the</strong> amenity <strong>of</strong> surrounding properties.17. Sufficient car parking is provided for <strong>the</strong> dwellings which have a study, in accordancewith relevant <strong>planning</strong> policy (see fur<strong>the</strong>r discussion in later parts <strong>of</strong> this report).18. Council’s Transport Management and Planning Unit have advised that a traffic studyfor Hutton Street has been carried out. Based on <strong>the</strong> study, any additional traffic andparking demand associated with <strong>the</strong> proposed development should not place unduestrain on Hutton Street and surrounding street networks.19. See comments under Item 18 above.20. Any loss <strong>of</strong> amenity resulting from <strong>the</strong> construction phase <strong>of</strong> <strong>the</strong> development is not a<strong>planning</strong> consideration.21. The application has been referred to Council’s Waste Services Unit who advised that<strong>the</strong>y do not foresee any issues with <strong>the</strong> placement <strong>of</strong> bins in front <strong>of</strong> <strong>the</strong> site. Thesize and number <strong>of</strong> bins to be placed on <strong>the</strong> available nature-strip area meet <strong>the</strong>relevant Council specifications.22. Provision <strong>of</strong> visibility splays at <strong>the</strong> crossover interface with <strong>the</strong> footpath on HuttonStreet will ensure that appropriate safety standards for any pedestrian/vehicularconflict are observed. This can be requested via conditions <strong>of</strong> any approval.23. Overshadowing standard within Clause 55 refers to private open space. There is no<strong>planning</strong> provision which controls overshadowing <strong>of</strong> windows. However, appropriatedaylight provision to existing habitable room windows is covered by <strong>the</strong> standards;<strong>the</strong> proposed development will not unreasonably reduce daylight to adjoiningwindows (see fur<strong>the</strong>r discussion in later parts <strong>of</strong> this report).24. The proposed development will not impact on <strong>the</strong> energy efficiency <strong>of</strong> adjoiningdwellings as <strong>the</strong> development does not impact on nor<strong>the</strong>rn solar access to anydwelling. Reduced energy efficiency to adjoining dwellings as a result <strong>of</strong> reducedambient daylight to habitable room windows is not a <strong>planning</strong> consideration.25. This is not a <strong>planning</strong> consideration; however it is an accepted principle thatincreased housing density provides increased opportunity for surveillance and<strong>the</strong>refore increased security.26. This is not a <strong>planning</strong> consideration.Page 46

PLANNING COMMITTEE MINUTES 25 JULY 201127. This is not a <strong>planning</strong> consideration.28. Sufficient housing diversity is considered to be made available within <strong>the</strong>development.PLANNING ASSESSMENTNEIGHBOURHOOD CHARACTER PRECINCT GUIDELINE ASSESSMENTThe subject site is located in an area with an inconsistent subdivision pattern and diversity <strong>of</strong>architecture and housing styles including two-storey walk-up flats. The proposeddevelopment consolidating <strong>the</strong> use <strong>of</strong> two sites is not considered to present built-form whichis out <strong>of</strong> character with <strong>the</strong> streetscape and is comparable with existing density <strong>of</strong> three (3) -dwellings per site on similar sized allotments.Conditions <strong>of</strong> any approval can request <strong>the</strong> use <strong>of</strong> timber cladding in place <strong>of</strong> render to firstfloor walls, permeable driveway materials, high quality garage doors and appropriate level <strong>of</strong>canopy planting to ensure that <strong>the</strong> development presents well to <strong>the</strong> street and visuallyintegrates with some <strong>of</strong> <strong>the</strong> period dwellings.CLAUSE 55 ASSESSMENTThe proposed development is generally compliant, or can be made to comply with Clause 55standards via conditions <strong>of</strong> any approval. The following aspects <strong>of</strong> <strong>the</strong> development will besubject to conditions to achieve compliance:• Improve manoeuvrability for <strong>the</strong> visitor car parking space (on <strong>the</strong> west side <strong>of</strong> <strong>the</strong>accessway);• Habitable room windows facing <strong>the</strong> shared accessway provided with appropriate sillheights and landscape buffers;• Increasing <strong>the</strong> upper floor setback <strong>of</strong> Unit 3 from <strong>the</strong> western boundary to protect <strong>the</strong>amenity <strong>of</strong> <strong>the</strong> adjoining dwelling to <strong>the</strong> west;• Reduction in <strong>the</strong> height <strong>of</strong> <strong>the</strong> wall on <strong>the</strong> western boundary associated with Unit 3 to 3metres maximum average;• Screening <strong>of</strong> windows on <strong>the</strong> upper floors to prevent overlooking <strong>of</strong> adjoining secludedprivate open space areas and habitable room windows;• Redesign <strong>of</strong> <strong>the</strong> secluded private open space areas <strong>of</strong> Unit 5 and 6 to ensure thatadequate sunlight for 25 square metres <strong>of</strong> <strong>the</strong> area is available to Unit 6; and increasein <strong>the</strong> secluded private open space area <strong>of</strong> Unit 1 and Unit 5 (see table and discussionbelow).Variations Sought• The street setback <strong>of</strong> <strong>the</strong> development is 200mm less than <strong>the</strong> required setbackhowever this is considered to be acceptable as <strong>the</strong>re is sufficient variation in frontsetbacks in <strong>the</strong> street and <strong>the</strong> non-compliance is minor.• The porch heights <strong>of</strong> Units 1 and 6 are slightly higher than <strong>the</strong> maximum <strong>of</strong> 3.6 metresallowed under <strong>the</strong> relevant standard; however <strong>the</strong> porches are proportional to <strong>the</strong>height <strong>of</strong> <strong>the</strong> dwellings and visually consistent with <strong>the</strong> facades.Page 47

PLANNING COMMITTEE MINUTES 25 JULY 2011The objectives <strong>of</strong> <strong>the</strong>se standards are considered to be met.Standard B16 – Parking provisionOne car parking space is provided for each <strong>of</strong> <strong>the</strong> two bedroom dwellings.Two car parking spaces are provided for each <strong>of</strong> <strong>the</strong> three or more bedroom dwellings withone space under cover.One visitor car parking space is provided for every five dwellings. Manouvreability anddimensions <strong>of</strong> <strong>the</strong> visitor parking spaces require adjustment and can be addressed viaconditions.Standard B28 - Private open space provisionTotal POS Secluded POS Minimum dimension<strong>of</strong> secluded POSUnit 1 105 squaremetres22 square metres 3.7 metresUnit 2 52 square metres 52 square metres 3.0 metresUnit 3 42 square metres 35 square metres 3.0 metresUnit 4 56 square metres 42 square metres 4.5 metresUnit 5 36 square metres 29 square metres 4.0 metresUnit 6 126 squaremetres45 square metres 3.0 metresAll secluded private open space areas have direct access to a living room.However, as italicised in <strong>the</strong> table above, Unit 1 does not achieve a secluded private openspace area <strong>of</strong> 25 square metres with a minimum dimension <strong>of</strong> 3 metres. Accordingly, <strong>the</strong>western wall to <strong>the</strong> kitchen <strong>of</strong> Unit 1 will need to be set back 4.2 metres from <strong>the</strong> westernboundary to achieve <strong>the</strong> required area.Unit 5 does not provide 40 square metres <strong>of</strong> private open space. The area will need to beincreased accordingly. This can be addressed via conditions (see fur<strong>the</strong>r discussion underStandard B29).Page 48

PLANNING COMMITTEE MINUTES 25 JULY 2011Standard B29 – Solar access to open spaceSolar access is provided into <strong>the</strong> secluded private open space <strong>of</strong> <strong>the</strong> new dwellings asfollows:Wall Height to North Required Depth Proposed DepthUnit 1 3.3 metres 4.97 metres 5.99 metresUnit 2 5.8 metres 7.22 metres 12.2 metresUnit 3 No obstruction N/A N/AUnit 4 No obstruction N/A N/AUnit 5 3.4 metres 5.06 metres 7.27 metres*Unit 614 square metres hasno obstruction; 6.2metre high wall for <strong>the</strong>remainder7.58 metres 3 metres* Requires modification to assist compliance with Unit 6’s access to north sunlight (see assessmentbelow)The depths outlined above for Units 1-5 apply to an area <strong>of</strong> secluded private open space <strong>of</strong>no less than 25 square metres with a minimum dimension <strong>of</strong> 3.0 square metres and complywith <strong>the</strong> standard.However, only 14 square metres <strong>of</strong> Unit 6’s secluded private open space area complies with<strong>the</strong> standard, and this area needs to be increased to 25 square metres. This can beachieved if a 5 metre x 5 metre area to <strong>the</strong> north side <strong>of</strong> Unit 6’s garage is created. This willrequire <strong>the</strong> following changes to Unit 5:• The south-east corner <strong>of</strong> Unit 5 (at ground floor) set back 5 metres from <strong>the</strong> easternboundary, and 5 metres from <strong>the</strong> north wall <strong>of</strong> Unit 6;• The internal boundary fence between <strong>the</strong> secluded private open space areas <strong>of</strong> Units 5and 6 repositioned to reflect <strong>the</strong> above.• Provision <strong>of</strong> 25 square metres <strong>of</strong> secluded private open space for Unit 5 (4 metres x6.25 metres) achieved through setting <strong>the</strong> sou<strong>the</strong>rn wall <strong>of</strong> <strong>the</strong> laundry fur<strong>the</strong>r northand a reduction to <strong>the</strong> laundry area <strong>of</strong> Unit 5.• The first floor eastern wall <strong>of</strong> Bedroom 2 in Unit 5 set back 5 metres from <strong>the</strong> easternboundary to allow <strong>the</strong> required solar access to <strong>the</strong> modified secluded private openspace area for Unit 6.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.Page 49

PLANNING COMMITTEE MINUTES 25 JULY 2011O<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. N. KatsisCr. T. LaurenceTHAT Planning Permit Application D/227/2009 be approved and a Notice <strong>of</strong>Decision to 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>Responsible Authority. The plans must be drawn to scale with dimensionsand must be generally in accordance with <strong>the</strong> plans submitted with <strong>the</strong>application (identified as Ground Floor Plan A-1, First Floor Plan A-2,Elevations A-3 revised 26.11.2010, prepared by Architectural Plans andPermits and received by Council on 10 December 2010) but modified toshow:a) The visitor parking space between Unit 2 and Unit 3 increased inwidth to 3.5 metres by a relocation <strong>of</strong> Unit 2’s nor<strong>the</strong>rn wall or Unit 3’ssou<strong>the</strong>rn wall, or a relocation <strong>of</strong> both walls as necessary but withoutPage 50

PLANNING COMMITTEE MINUTES 25 JULY 2011increasing <strong>the</strong> building footprint or reducing any <strong>of</strong> <strong>the</strong> remainingsetbacks <strong>of</strong> ei<strong>the</strong>r dwelling.b) The eastern kitchen wall <strong>of</strong> Unit 2 relocated to align with <strong>the</strong> easternentry and staircase wall <strong>of</strong> Unit 2 to allow sufficient manoeuvrabilityfor <strong>the</strong> adjoining visitor car parking space and a one (1) metre widelandscape buffer in front <strong>of</strong> <strong>the</strong> relocated eastern wall.c) The existing western crossover servicing Unit 1 realigned to match<strong>the</strong> accessway location.d) The provision <strong>of</strong> pedestrian visibility splays measuring 2.0 metres(width across <strong>the</strong> frontage) by 2.5 metres (depth into <strong>the</strong> site), to <strong>the</strong>eastern and western sides <strong>of</strong> <strong>the</strong> proposed and existing crossovers toHutton Street. Where within <strong>the</strong> subject site, any structures orvegetation within <strong>the</strong>se splays must be not more than 1.15 metres inheight.e) A notation indicating <strong>the</strong> extent <strong>of</strong> <strong>the</strong> construction <strong>of</strong> <strong>the</strong> rear right <strong>of</strong>way (refer to Condition No.19 <strong>of</strong> this Permit).f) The provision <strong>of</strong> high quality garage doors to Unit 1 and Unit 6,including full specifications, that blend in with <strong>the</strong> colour and materialsscheme <strong>of</strong> Unit 1 and Unit 6.g) The specification <strong>of</strong> timber cladding to <strong>the</strong> first floor walls <strong>of</strong> Unit 1and Unit 6.h) Provision <strong>of</strong> permeable paving to <strong>the</strong> driveways <strong>of</strong> Unit 1 and Unit 6;and <strong>the</strong> visitor car parking space hardstands on <strong>the</strong> site.i) A setback <strong>of</strong> 1 metre between <strong>the</strong> shared accessway and <strong>the</strong> westernwall <strong>of</strong> Unit 5.j) The western kitchen windows <strong>of</strong> Unit 5 with a minimum sill height <strong>of</strong>1.4 metres above <strong>the</strong> accessway.k) The setback <strong>of</strong> <strong>the</strong> nor<strong>the</strong>rn wall <strong>of</strong> Bedroom 2 <strong>of</strong> Unit 4 from <strong>the</strong>nor<strong>the</strong>rn boundary corrected to show approximately 4.8 metres.l) The setback <strong>of</strong> Unit 3’s first floor walls from <strong>the</strong> western boundaryincreased to 3 metres for <strong>the</strong> bathroom and 3.5 metres for Bedroom2, without an increase in <strong>the</strong> footprint <strong>of</strong> <strong>the</strong> dwelling and without areduction to any <strong>of</strong> <strong>the</strong> o<strong>the</strong>r setbacks from <strong>the</strong> boundaries.m) The finished first floor levels <strong>of</strong> <strong>the</strong> dwellings, to Australian HeightDatum (AHD).n) The western ground floor wall <strong>of</strong> Unit 3 (meals and laundry) reducedin height to 3 metres maximum average, with no part exceeding aheight <strong>of</strong> 3.6 metres above natural ground level.o) The windows listed below provided with ei<strong>the</strong>r:- A sill with a minimum height <strong>of</strong> 1.7 metres above finished floorlevel,- A fixed screen with a maximum permeability <strong>of</strong> 25% to aminimum height <strong>of</strong> 1.7 metres above finished floor level or- Fixed obscure glazing (not film) to a minimum height <strong>of</strong> 1.7metres above finished floor level.Page 51

PLANNING COMMITTEE MINUTES 25 JULY 2011Where fixed screens are being utilised a section diagram must beincluded to demonstrate how <strong>the</strong> screens minimise overlooking <strong>of</strong>adjoining properties:• Unit 1 – west facing Bedroom 1 window• Unit 2 – west facing Bedroom 2 window• Unit 3 – north-facing (both) Bedroom 2 windows• Unit 4 – north-facing Bedroom 1 & Bedroom 2 windows• Unit 5 – east facing Bedroom 2 windowp) The width <strong>of</strong> <strong>the</strong> secluded private open space area <strong>of</strong> Unit 1increased by from 3.7 metres to 4.2 metres, providing a secludedprivate open space area 25 square metres minimum, measuring 4.20metres x 5.99 metres.q) The secluded private open space area <strong>of</strong> Unit 6 modified to providean area measuring 5 metre x 5 metre as measured from <strong>the</strong> nor<strong>the</strong>astcorner <strong>of</strong> Unit 6, resulting in a partial deletion/modification <strong>of</strong> <strong>the</strong>south-east corner <strong>of</strong> Unit 5.r) The eastern wall <strong>of</strong> Bedroom 2 <strong>of</strong> Unit 5 with a setback <strong>of</strong> 5 metresfrom <strong>the</strong> eastern boundary to provide solar access to <strong>the</strong> secludedprivate open space area <strong>of</strong> Unit 6 in accordance with <strong>the</strong> provisions<strong>of</strong> Clause 55.05-5 (Standard B29) <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.s) The provision <strong>of</strong> secluded private open space area to Unit 5 <strong>of</strong> 25square metres with a minimum dimension <strong>of</strong> 3 metres; and an overallprivate open space area <strong>of</strong> 40 square metres minimum.t) The height <strong>of</strong> fences on <strong>the</strong> nor<strong>the</strong>rn, eastern and westernboundaries (except within 6.5 metres <strong>of</strong> <strong>the</strong> sou<strong>the</strong>rn boundary <strong>of</strong> <strong>the</strong>land) to be a minimum height <strong>of</strong> 1.8 metres as measured abovenatural ground level.Where necessary, <strong>the</strong> fence height may be increased by raising <strong>the</strong>height <strong>of</strong> <strong>the</strong> fence or by <strong>the</strong> provision <strong>of</strong> free-standing, selfsupporting trellis adjacent <strong>the</strong> fence to <strong>the</strong> required height. If utilised,such trellis must be a maximum <strong>of</strong> 25% open and be fixed,permanent, durable and coloured or painted to blend with <strong>the</strong>development.u) A landscape plan in accordance with Condition No. 5 <strong>of</strong> this Permit.v) Modifications in accordance with <strong>the</strong> Sustainable Design Statement(refer to Condition No. 6 <strong>of</strong> this Permit).w) A comprehensive schedule <strong>of</strong> construction materials, externalfinishes and colours (including colour samples).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 alteredwithout <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:• The development does not start within three (3) years from <strong>the</strong> date<strong>of</strong> this Permit; orPage 52

PLANNING COMMITTEE MINUTES 25 JULY 2011• 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 ismade in writing 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 worksauthorised by this permit, a development levy must be paid to Darebin CityCouncil. The amount <strong>of</strong> <strong>the</strong> development levy for each charge unit must becalculated in accordance with Schedule 1 to <strong>the</strong> Development ContributionPlan 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, andapproved by <strong>the</strong> Responsible Authority. When <strong>the</strong> Landscape Plan isapproved, it will be endorsed and will <strong>the</strong>n form part <strong>of</strong> this Permit. TheLandscape Plan must be prepared by a suitably qualified person and mustincorporate:a) Provision <strong>of</strong> a minimum <strong>of</strong> one (1) medium canopy tree within <strong>the</strong>secluded private open space area <strong>of</strong> each dwelling, with a minimumheight <strong>of</strong> two (2) metres and <strong>the</strong> time <strong>of</strong> installation and a minimumheight <strong>of</strong> 4-5 metres at maturityb) Provision <strong>of</strong> a minimum <strong>of</strong> three (3) medium canopy trees within <strong>the</strong>front setback <strong>of</strong> <strong>the</strong> development, with a minimum height <strong>of</strong> two (2)metres and <strong>the</strong> time <strong>of</strong> installation and a minimum height <strong>of</strong> 4-5metres at maturityc) Details <strong>of</strong> all existing trees to be retained and all existing trees to beremoved, including overhanging trees on adjoining properties. Thegenus, species, height and spread <strong>of</strong> all trees must be specifiedd) A planting schedule <strong>of</strong> proposed vegetation detailing <strong>the</strong> botanicalname, common name, size at maturity and quantities <strong>of</strong> all plantse) Details <strong>of</strong> all surfaces including lawns, mulched garden beds andhard paving (such as asphalt, concrete, brick or gravel)f) Street trees within <strong>the</strong> nature strip/s adjacent to <strong>the</strong> propertyg) All constructed items including retaining walls, letter boxes, garbagebin receptacles, outdoor furniture, lighting, clo<strong>the</strong>slines etch) Edge treatment between grass (lawn) and garden bedsi) 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 adjoining land, including <strong>the</strong> location <strong>of</strong> windows anddoors which face <strong>the</strong> subject site must also be shownj) The location <strong>of</strong> both existing and proposed overhead andunderground services. Conflicts <strong>of</strong> such services with <strong>the</strong> existingand proposed planting must be avoidedk) Clear graphics identifying trees (deciduous and evergreen), shrubs,groundcovers and climbersl) A scale, North Point and appropriate legend.Page 53

PLANNING COMMITTEE MINUTES 25 JULY 2011The species <strong>of</strong> all proposed plants selected must be to <strong>the</strong> satisfaction <strong>of</strong><strong>the</strong> Responsible Authority.6. Before <strong>the</strong> development starts, a Sustainable Design Statement detailingsustainable design strategies to be incorporated into <strong>the</strong> development to<strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority must be submitted to, andapproved in writing by <strong>the</strong> Responsible Authority. The sustainable designstatement must outline proposed sustainable design initiatives within <strong>the</strong>development such as (but not limited to) energy efficiency, waterconservation, stormwater quality, waste management and materialselection.The development must be constructed in accordance with <strong>the</strong>requirements/ recommendations <strong>of</strong> <strong>the</strong> Sustainable Design Statement to<strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.7. The landscaping as shown on <strong>the</strong> endorsed Landscape Plan must becompleted 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 isapproved 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>permit holder must advise Council, in writing, that <strong>the</strong> landscaping hasbeen completed.8. The landscaping as shown on <strong>the</strong> endorsed Landscape Plan must bemaintained, and any dead, diseased or damaged plant replaced inaccordance with <strong>the</strong> endorsed Landscape Plan 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. Theconfirmation <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> Building Regulations 2006. This confirmationmust be in <strong>the</strong> form <strong>of</strong> a report from a licensed land surveyor and must besubmitted to <strong>the</strong> Responsible Authority no later than 7 days from <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 licensedland surveyor submitted to <strong>the</strong> Responsible Authority.10. All dwellings that share dividing walls and/or floors must be constructed tolimit noise transmission in accordance with Part F(5) <strong>of</strong> <strong>the</strong> Building Code<strong>of</strong> Australia.11. Before <strong>the</strong> dwellings are occupied, an automatic external lighting systemcapable <strong>of</strong> illuminating <strong>the</strong> entry to each unit, access to each garage andcar parking space 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 ensurethat no loss <strong>of</strong> amenity is caused to adjoining and nearby land, to <strong>the</strong>satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.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.Page 54

PLANNING COMMITTEE MINUTES 25 JULY 201114. 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 beconcealed in service ducts or o<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 thoseshown 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> prior written consent <strong>of</strong> <strong>the</strong> Responsible Authority.16. 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.17. Before occupation <strong>of</strong> <strong>the</strong> development, 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 accordancewith <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 plansmust not be used for any o<strong>the</strong>r purpose.18. Before <strong>the</strong> development is occupied, vehicular crossing(s) must beconstructed to 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 replaced with footpath, naturestrip and kerb andchannel to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.19. Prior to <strong>the</strong> occupation <strong>of</strong> <strong>the</strong> development:a) Plans detailing <strong>the</strong> construction and surfacing including drainage <strong>of</strong><strong>the</strong> right <strong>of</strong> way abutting <strong>the</strong> nor<strong>the</strong>rn boundary <strong>of</strong> <strong>the</strong> property,commencing from <strong>the</strong> north-east corner <strong>of</strong> <strong>the</strong> property at No.26Hutton Street and continuing west to <strong>the</strong> north-west corner alignment<strong>of</strong> <strong>the</strong> subject land (30 Hutton Street), must be submitted to andapproved by Council.b) The right <strong>of</strong> way to abutting <strong>the</strong> nor<strong>the</strong>rn boundary <strong>of</strong> <strong>the</strong> propertyand No.26 Hutton Street, commencing from <strong>the</strong> north-east corner <strong>of</strong><strong>the</strong> property at No.26 Hutton Street and continuing west to <strong>the</strong> northwestcorner alignment <strong>of</strong> <strong>the</strong> subject land (30 Hutton Street) must beconstructed and surfaced in accordance with <strong>the</strong> approved plans.All works must be to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> responsible authority.CARRIEDPage 55

PLANNING COMMITTEE MINUTES 25 JULY 20115.4 APPLICATION FOR PLANNING PERMIT D/791/201050 Arthurton Road, NorthcoteAUTHOR:DIRECTOR:Principal Statutory Planner – John LimbachDirector City Works and Development – Michael BallockOWNER/APPLICANT/CONSULTANT:Applicant:Eco-Urban Design StudioSuite 2 - Level 1, 28 Young StMOONEE PONDS VIC 3039Owner:Sue Heng Chhor84 Woolnough DrMILL PARK VIC 3082SUMMARY:• The proposal is for a medium density housing development comprising <strong>the</strong>construction <strong>of</strong> three (3) double storey dwellings to <strong>the</strong> rear <strong>of</strong> an existing dwelling andpartial demolition and a single storey extension to an existing dwelling on land affectedby a Heritage Overlay (HO166) and a Special Building Overlay (SBO).• The maximum height <strong>of</strong> <strong>the</strong> development is 6.45 metres above natural ground level.• The proposed dwellings are two (2) bedroom dwellings with one (1) car parking spaceeach and <strong>the</strong> existing dwelling is to have three (3) bedrooms with two (2) car parkingspaces.• All vehicular access is proposed to be from <strong>the</strong> adjoining right-<strong>of</strong>-way (ROW).• There is no covenant registered on <strong>the</strong> Certificate <strong>of</strong> Title.• Recommendation – that Planning Permit Application D/791/2010 be approved and aNotice <strong>of</strong> Decision to Grant a Permit be issued subject to conditions.CONSULTATION:• Notification occurred via letter to adjoining and surrounding owners and occupiers and<strong>the</strong> posting <strong>of</strong> a notice on <strong>the</strong> site.• Notification occurred via letter to adjoining and surrounding owners and occupiers after<strong>the</strong> application was amended under Section 57(A) <strong>of</strong> <strong>the</strong> Planning and EnvironmentAct.• Seven (7) objections were received.• A consultation <strong>meeting</strong> has not been <strong>held</strong> as it was not considered likely that aresolution would be reached.Page 56

PLANNING COMMITTEE MINUTES 25 JULY 2011• The application has been referred to <strong>the</strong> following Council units:- ESD Officer.- Heritage Adviser.- Transport Management Unit.- Capital Works Units.• The application has been referred to <strong>the</strong> following referral authorities:- Melbourne Water.RECOMMENDATIONTHAT Planning Permit Application D/791/2010 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 TP03 andTP04, prepared by eo-urban and dated 18.10.2010) but modified to show:a) Access to <strong>the</strong> landscaped light court to Unit 4.b) Modifications to <strong>the</strong> ro<strong>of</strong> plan to detail a hipped ro<strong>of</strong> form over <strong>the</strong> proposedensuites to <strong>the</strong> existing dwelling to accord with <strong>the</strong> floor plan and elevation.c) The south wall <strong>of</strong> <strong>the</strong> ensuite to <strong>the</strong> existing dwelling to be set back a minimum <strong>of</strong>2 metres from <strong>the</strong> sou<strong>the</strong>rn wall <strong>of</strong> that dwelling (not including <strong>the</strong> porch).d) The visible sections <strong>of</strong> <strong>the</strong> chimney breast, to <strong>the</strong> west <strong>of</strong> <strong>the</strong> existing dwelling,are to have <strong>the</strong> paint removed.e) Modifications in accordance with recommendations included within <strong>the</strong>Arboricultural report (refer to Condition No. 6 <strong>of</strong> this Permit).f) The provision <strong>of</strong> pedestrian visibility splays measuring 2 metres (width across <strong>the</strong>frontage) by 2.50 metres (depth into <strong>the</strong> site), to both sides <strong>of</strong> each driveway to<strong>the</strong> right-<strong>of</strong>-way (ROW), excluding <strong>the</strong> south side <strong>of</strong> <strong>the</strong> driveway to <strong>the</strong> existingdwelling. A notation must state that where within <strong>the</strong> subject site, any structuresor vegetation within this splay must be not more than 1.15 metres in height.g) Bin storage areas must be removed from within <strong>the</strong> car parking areas <strong>of</strong> allgarages and carports.h) The pedestrian doors to Unit 2, Unit 3 and Unit 4 to be modified so as not toopen into <strong>the</strong> car parking areas or each garage.i) Removal <strong>of</strong> <strong>the</strong> 1.80 metre high fence between <strong>the</strong> driveways <strong>of</strong> Unit 1 and Unit2.j) Replacement <strong>of</strong> landscaping with paved vehicle access splays measuring 1metres (width across <strong>the</strong> frontage) by 1.50 metres (depth into <strong>the</strong> site), to <strong>the</strong>nor<strong>the</strong>rn sides <strong>of</strong> <strong>the</strong> driveways to Unit 1 and Unit 4 and both sides <strong>of</strong> <strong>the</strong>driveways to Unit 2 and Unit 3.Page 57

PLANNING COMMITTEE MINUTES 25 JULY 2011k) Location <strong>of</strong> water tanks and a notation that <strong>the</strong>y are to be permanently connectedto toilets for flushing.l) A Landscape Plan in accordance with Condition No. 5 <strong>of</strong> this Permit.m) A comprehensive schedule <strong>of</strong> external materials, colours and finishes (includingcolour samples). Construction materials are to be low maintenance. Externalmaterials and finishes (including glazing) are to be <strong>of</strong> a low reflectivity level. Theuse <strong>of</strong> painted surfaces, such as render, must be minimised.n) Elevations <strong>of</strong> <strong>the</strong> proposed letter boxes.o) Re-location <strong>of</strong> <strong>the</strong> external storage to Unit 1, <strong>the</strong> storage is to set back aminimum <strong>of</strong> 500mm from <strong>the</strong> car port <strong>of</strong> that dwelling.p) The dividing fence between <strong>the</strong> ground floor private open space <strong>of</strong> Unit 2 andUnit 3 to have a minimum height <strong>of</strong> 1.80 metres.q) 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.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:• 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.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) 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 specifiedb) Modifications in accordance with recommendations included within <strong>the</strong>Arboricultural report (refer to Condition No. 6 <strong>of</strong> this Permit).c) 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)Page 58

PLANNING COMMITTEE MINUTES 25 JULY 2011e) 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 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. Before buildings and works start, an Arboricultural report prepared by a qualifiedarborist to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority must be submitted to, andapproved by <strong>the</strong> Responsible Authority. The Arboricultural report must detail existingtrees on adjoining properties, <strong>the</strong> impact <strong>the</strong> development is likely to have on <strong>the</strong>setrees and tree protection measures, including tree protection zones if required.7. 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.8. 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.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 59

PLANNING COMMITTEE MINUTES 25 JULY 201111. 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.17. 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.Melbourne Water Conditions (Condition No. 18 – 22)18. No polluted and/or sediment laden run<strong>of</strong>f is to be discharged directly or indirectly in toMelbourne Water’s drains or watercourses.19. The dwellings must be constructed with finished floor levels a minimum <strong>of</strong> 300mmabove <strong>the</strong> applicable flood level.20. The garages must be constructed with finished surface levels a minimum <strong>of</strong> 150mmabove <strong>the</strong> applicable flood level.21. The extended ground floor <strong>of</strong> <strong>the</strong> existing dwelling must be constructed no lower than<strong>the</strong> existing ground floor level.22. Prior to <strong>the</strong> issue <strong>of</strong> a Certificate <strong>of</strong> Occupancy, a certified survey plan, showingfinished floor levels (as constructed) reduced to <strong>the</strong> Australian Height Datum, must besubmitted to Melbourne Water to demonstrate that <strong>the</strong> floor levels have beenconstructed in accordance with Melbourne Water’s requirements.Page 60

PLANNING COMMITTEE MINUTES 25 JULY 2011REPORTINTRODUCTION AND BACKGROUNDApplication for Planning Permit D791/10 was received by Council on 29 October 2010.The application was amended under Section 57(A) <strong>of</strong> <strong>the</strong> Planning and Environment Act.The amendments include:- Modifications to <strong>the</strong> design and footprint <strong>of</strong> <strong>the</strong> alterations and additions to <strong>the</strong> existingdwelling.- Redesign <strong>of</strong> <strong>the</strong> proposed dwellings.- An increase in <strong>the</strong> western boundary setbacks <strong>of</strong> <strong>the</strong> proposed dwellings.- A reduction in <strong>the</strong> eastern boundary setbacks <strong>of</strong> <strong>the</strong> proposed dwellings.ISSUES AND DISCUSSIONSubject site and surrounding area• The site is irregular in shape and made up <strong>of</strong> two (2) lots with a combined frontage <strong>of</strong>15.24 metres, a depth <strong>of</strong> 44.19 metres and an area <strong>of</strong> 671 square metres. The sitehas a splay in <strong>the</strong> north eastern corner.• The site is located in <strong>the</strong> Residential 1 Zone and is affected by <strong>the</strong> Heritage Overlay(HO166) and <strong>the</strong> Special Building Overlay (SBO).• The site is located on <strong>the</strong> north side <strong>of</strong> Arthurton road, to <strong>the</strong> west <strong>of</strong> Latham Street,Northcote.• The site is occupied by a single storey, wea<strong>the</strong>rboard, Edwardian style dwelling withsecluded private open space and outbuildings to <strong>the</strong> rear.• The adjoining property to <strong>the</strong> west is occupied by a single storey, brick dwelling withsecluded private open space and outbuildings to <strong>the</strong> rear.• The site adjoins a ROW to <strong>the</strong> north and east.• To <strong>the</strong> north <strong>of</strong> <strong>the</strong> site, on <strong>the</strong> opposite side <strong>of</strong> <strong>the</strong> ROW, are a number <strong>of</strong> residentialproperties occupied by single storey dwellings that front Elm Street.• To <strong>the</strong> east <strong>of</strong> <strong>the</strong> site, on <strong>the</strong> opposite side <strong>of</strong> <strong>the</strong> ROW, are a number <strong>of</strong> residentialproperties occupied by single storey and double storey dwellings that front LathamStreet.• The area is characterised by single and double storey dwellings, with many Victorianand Edwardian style dwellings present, as well as Post-War style infill.• The site is located adjacent to <strong>the</strong> Northcote Major Activity Centre.• The site is located adjacent to a bus stop (Route 508), approximately 100 metres toNorthcote Train Station, 380 metres to <strong>the</strong> tram line on High Street (Route 96), 450metres to <strong>the</strong> tram line on St Georges Road (Routes 112 and 11) and approximately250 metres to Batman Park.Page 61

PLANNING COMMITTEE MINUTES 25 JULY 2011Proposal• The proposal is for a medium density housing development comprising <strong>the</strong>construction <strong>of</strong> three (3) double storey dwellings to <strong>the</strong> rear <strong>of</strong> an existing dwelling andpartial demolition and a single storey extension to an existing dwelling on land affectedby a Heritage Overlay (HO166) and a Special Building Overlay (SBO).• The maximum height <strong>of</strong> <strong>the</strong> development is 6.45 metres above natural ground level.• The proposed dwellings are all two (2) bedroom dwellings with one (1) car parkingspace each and <strong>the</strong> existing dwelling is to have three (3) bedrooms with two (2) carparking spaces.• All vehicular access is proposed to be from <strong>the</strong> adjoining right-<strong>of</strong>-way (ROW).• The dwellings have access to <strong>the</strong> following areas <strong>of</strong> private open space:Private open space Secluded POS No <strong>of</strong> bedrooms(POS)Unit 1 (existing) 188.37m² 35.34m² 3Unit 2 25.57m² 9m² 2Unit 3 25.62m² 9m² 2Unit 4 8.30m² 8.30m² 2OBJECTIONS• Seven (7) objections have been received.Objections summarised• Density• Neighbourhood character• Height and form• Traffic and car parking• Impact on heritage overlay• Site coverage• Permeability• Energy efficiency• Side and rear setbacks• Walls on boundaries• North facing windows• Safety• Overlooking• Overshadowing• Noise• Accessibility• Dwelling entryPage 62

PLANNING COMMITTEE MINUTES 25 JULY 2011• Private open space• Solar access to open space• Storage• Design detail• Site services• Property value• Construction• Use <strong>of</strong> laneway as access for vehicles• Impact on trees.Officer comment on summarised objections• The development accords with acknowledged policy for urban consolidation andincreased densities.• Neighbourhood character, height and form and design detail are addressed within <strong>the</strong>assessment section <strong>of</strong> this report with particular focus on Clause 55 <strong>of</strong> <strong>the</strong> DarebinPlanning Scheme and <strong>the</strong> relevant Neighbourhood Character Precinct Guidelines.• Council’s Heritage Advisor has no objection to <strong>the</strong> proposal, subject to a conditionrequiring <strong>the</strong> south wall <strong>of</strong> <strong>the</strong> ensuite to be a minimum <strong>of</strong> 2 metres north <strong>of</strong> <strong>the</strong> southwestcorner <strong>of</strong> <strong>the</strong> house (<strong>the</strong> wall not <strong>the</strong> porch) and <strong>the</strong> paint removed from <strong>the</strong>visible section <strong>of</strong> <strong>the</strong> existing chimney breast.• 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. Additionally, noobjections have been raised from <strong>the</strong> Transport Management and Planning Unitregarding traffic on <strong>the</strong> local street network.• Although amenity may be affected (overlooking, overshadowing, side and rearsetbacks, walls on boundaries, north facing windows) by <strong>the</strong> development, anassessment under Clause 55 provides an indicator as to whe<strong>the</strong>r <strong>the</strong>se effects areunreasonable or not. In this instance <strong>the</strong> development will not create an unreasonableeffect and is <strong>the</strong>refore acceptable.• Site coverage, permeability, energy efficiency, safety, accessibility, car parking andaccess, dwelling entry, private open space, solar access to private open space,storage and site services will be discussed in <strong>the</strong> assessment section <strong>of</strong> this report,with a particular focus on Clause 55 <strong>of</strong> <strong>the</strong> Darebin Planning Scheme.• The proposed residential use will have noise impacts consistent with those normal to aresidential zone. Speech, laughter, music etc. are noises associated with people living<strong>the</strong>ir lives and are all part <strong>of</strong> life in an urban area.• Property values are speculative and not a <strong>planning</strong> matter.• The construction process is not a <strong>planning</strong> matter and is subject to relevant Council,industry and Environmental Protection Authority (EPA) regulations.• The Certificate <strong>of</strong> Title shows that <strong>the</strong> subject site has a legal right <strong>of</strong> carriageway over<strong>the</strong> ROW. Council’s Transport Management Unit has no objection to <strong>the</strong> proposalsubject to conditions requiring modifications to improve manoeuvrability.Page 63

PLANNING COMMITTEE MINUTES 25 JULY 2011• Conditions <strong>of</strong> any approval will require an arborist report and modifications inaccordance with recommendations contained within <strong>the</strong> report, in order to protect treeson adjoining properties.PLANNING ASSESSMENTActivity Centres – Clause 22.03Whilst not within a precinct, <strong>the</strong> site is located directly adjacent to <strong>the</strong> Northcote MajorActivity Centre. The proposal is consistent with <strong>the</strong> objectives <strong>of</strong> <strong>the</strong> Northcote Major ActivityCentre as follows:• To encourage increased residential development throughout <strong>the</strong> Activity Centre.• To encourage a range <strong>of</strong> housing types and forms.Heritage Overlay – Clause 43.01The site is affected by a Heritage Overlay (HO166) and is considered a Significant HeritagePlace in <strong>the</strong> Darebin Heritage Review 2000, Volume 1. The site is located within <strong>the</strong>Northcote-Croxton Heritage Precinct.Statement <strong>of</strong> SignificanceThe Northcote-Croxton Area was sold <strong>of</strong>f by <strong>the</strong> Crown in 1839-40 and occupied in smallrural holdings until <strong>the</strong> Land Boom with <strong>the</strong> sale <strong>of</strong> blocks commencing in 1885. Theconstruction <strong>of</strong> houses, however, lagged behind with <strong>the</strong> greatest number <strong>of</strong> survivingcontributory houses being built during <strong>the</strong> first two decades <strong>of</strong> this century. The Area ishistorically and aes<strong>the</strong>tically important.It is historically important (Criterion A4) for its capacity to demonstrate <strong>the</strong> growth <strong>of</strong> <strong>the</strong>locale during <strong>the</strong> late Victorian Land Boom and more particularly during <strong>the</strong> period <strong>of</strong>economic recovery following Federation in 1901. It is aes<strong>the</strong>tically important (Criterion E1) asa predominantly Post-Federation period residential area, having some representation from<strong>the</strong> late Victorian Land Boom and <strong>the</strong> Inter-War years. This importance is enhanced by <strong>the</strong>range <strong>of</strong> dwellings including artisans’ cottages to <strong>the</strong> north and more opulent andaes<strong>the</strong>tically diverse timber houses to <strong>the</strong> south especially in Hawthorn Road and HarringtonStreet, facing <strong>the</strong> railway reserve and Croxton station buildings. Fur<strong>the</strong>rmore, <strong>the</strong> high levels<strong>of</strong> integrity shore up <strong>the</strong> Area’s cultural values and are especially apparent in Elm Street andArthurton Road facing Batman Park and along <strong>the</strong> St. Georges Road frontage.It is considered that <strong>the</strong> proposal respects <strong>the</strong> significance and character <strong>of</strong> <strong>the</strong> Northcote-Croxton Heritage Precinct. The existing dwelling is to be largely retained and <strong>the</strong> proposedextensions are sympa<strong>the</strong>tic to its significant heritage character.The proposed dwellings are located to <strong>the</strong> rear <strong>of</strong> <strong>the</strong> existing dwelling and so will havelimited impact on <strong>the</strong> streetscape and <strong>the</strong> significance <strong>of</strong> <strong>the</strong> heritage place. Thecontemporary appearance <strong>of</strong> <strong>the</strong> proposed dwellings is considered an acceptable designresponse as it does not mimic <strong>the</strong> character <strong>of</strong> existing dwelling and provides a cleardelineation between new and old. Fur<strong>the</strong>rmore, Council’s Heritage Adviser has no objectionto <strong>the</strong> proposal, subject to condition.Page 64

PLANNING COMMITTEE MINUTES 25 JULY 2011Special Building Overlay – Clause 44.05The proposal is consistent with <strong>the</strong> purpose and decision guidelines <strong>of</strong> Clause 44.05 (SpecialBuilding Overlay) <strong>of</strong> <strong>the</strong> Darebin Planning Scheme:• The proposal is consistent with <strong>the</strong> State Planning Policy Framework and <strong>the</strong> LocalPlanning Policy Framework, including <strong>the</strong> Municipal Strategic Statement and local<strong>planning</strong> policies.• The proposal has been assessed by Melbourne Water, <strong>the</strong> relevant floodplainmanagement authority, and written consent has been provided pursuant to Section 55<strong>of</strong> <strong>the</strong> Act, subject to condition.• The proposed development cannot be located on any o<strong>the</strong>r part <strong>of</strong> <strong>the</strong> subject site thatis flood-free or has a lesser flood hazard, as determined by Melbourne Water.• The proposed development will not unreasonably redirect or obstruct floodwater,stormwater or drainage water, adversely reduce flood storage or unreasonablyincrease flood levels or flow velocities, as determined by Melbourne Water.NEIGHBOURHOOD CHARACTER PRECINCT GUIDELINE ASSESSMENT:EXISTING BUILDINGSThe existing dwelling is to be largely retained, with only partial demolition to <strong>the</strong> rear.The Council’s Heritage Advisor has no objection to <strong>the</strong> proposed extensions to <strong>the</strong> existingdwelling, subject to condition.Complies subject to conditionVEGETATIONA condition <strong>of</strong> any approval will require a detailed landscaping plan. The indicative gardenlayout allows adequate space for substantial landscaping.Complies subject to conditionSITINGThe existing front setback is to be retained, with <strong>the</strong> existing dwelling largely remaining.The proposal retains side setbacks to most <strong>of</strong> <strong>the</strong> site to both <strong>the</strong> east and west boundaries,which respects <strong>the</strong> rhythm and spacing <strong>of</strong> <strong>the</strong> neighbourhood.All vehicle storage is located to <strong>the</strong> rear <strong>of</strong> <strong>the</strong> existing dwelling and all vehicle access isachieved from <strong>the</strong> existing ROW.CompliesPage 65

PLANNING COMMITTEE MINUTES 25 JULY 2011HEIGHT AND BUILDING FORMThe existing single storey dwelling is to remain, which respects <strong>the</strong> character <strong>of</strong> <strong>the</strong> area.The two storey form <strong>of</strong> <strong>the</strong> proposed dwellings is set back substantially from <strong>the</strong> street andbehind <strong>the</strong> existing dwelling and will <strong>the</strong>refore have little impact on <strong>the</strong> character <strong>of</strong> <strong>the</strong> area.CompliesMATERIALS AND DESIGN DETAILThe materials proposed for <strong>the</strong> extension to <strong>the</strong> existing dwelling are considered acceptable.The materials for <strong>the</strong> proposed dwellings are varied and allow for visual articulation <strong>of</strong> <strong>the</strong>proposal. A condition <strong>of</strong> any approval will require a revised materials and colour schedulethat includes a reduction in <strong>the</strong> use <strong>of</strong> renderComplies subject to conditionFRONT BOUNDARY TREATMENTNo front fence is proposed, which allows an unrestricted view <strong>of</strong> <strong>the</strong> landscaping anddwellings behind.A condition <strong>of</strong> any approval will require elevations <strong>of</strong> <strong>the</strong> proposed letter boxes.Complies subject to conditionCLAUSE 55 ASSESSMENTStandard B1 - Neighbourhood CharacterThis element has been considered above in <strong>the</strong> Neighbourhood Character GuidelinesAssessment.Complies subject to conditionStandard 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> 6.45 metres which complies with<strong>the</strong> standard requiring a maximum height not exceeding 9 metres.CompliesPage 66

PLANNING COMMITTEE MINUTES 25 JULY 2011Standard B8: Site CoverageThe area covered by buildings should not exceed a site coverage <strong>of</strong> 60%. The site coverageis 54%.CompliesStandard B9: PermeabilityTo reduce <strong>the</strong> impact <strong>of</strong> increased stormwater run-<strong>of</strong>f on <strong>the</strong> drainage system and t<strong>of</strong>acilitate on-site stormwater infiltration, at least 20% <strong>of</strong> <strong>the</strong> site should be permeable. Thesite permeability is 30%.CompliesStandard B10: Energy EfficiencyThe proposal is considered to be generally energy efficient due to <strong>the</strong> following:• Attached construction.• Cross ventilation is available in <strong>the</strong> design.• The development does not unreasonably affect <strong>the</strong> solar access and energy efficiency<strong>of</strong> neighbouring dwellings.• Open space and living areas with access to north light.• Space for outdoor clo<strong>the</strong>s drying facilities.The application includes a Sustainable Design Statement that detail sustainable designinitiatives.Conditions <strong>of</strong> any approval will require location and details <strong>of</strong> water tanks.Complies subject to conditionStandard B12: SafetyThe entrances to <strong>the</strong> dwellings are adequately visible from <strong>the</strong> ROW and/or <strong>the</strong> street.The development is designed to provide good lighting, visibility and surveillance <strong>of</strong> carparking and <strong>the</strong> ROW.The private open space within <strong>the</strong> development is protected from inappropriate use as apublic thoroughfare.CompliesStandard B13: LandscapingThe 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.Complies subject to conditionPage 67

PLANNING COMMITTEE MINUTES 25 JULY 2011Standard B14: AccessVehicle access to and from <strong>the</strong> site is safe, manageable and convenient. The lack <strong>of</strong> vehiclecrossover(s) respects <strong>the</strong> neighbourhood character, with all access from <strong>the</strong> ROW.A condition <strong>of</strong> any approval will require removal <strong>of</strong> <strong>the</strong> 1.8 metre high fence between Units 1and 2 and some landscaping to Units 1, 2, 3 and 4 to improve manoeuvrability.Complies subject to conditionStandard B15: Parking LocationParking facilities will be proximate to <strong>the</strong> dwellings <strong>the</strong>y serve.The proposed garages are an adequately secure form <strong>of</strong> parking.The access is observable.There are no habitable room windows within 1.5 metres <strong>of</strong> a vehicle accessway.CompliesStandard B16: Parking ProvisionOne (1) car parking space is provided for each <strong>of</strong> <strong>the</strong> two (2) bedroom dwellings.Two (2) car parking spaces are provided for <strong>the</strong> existing three (3) bedroom dwelling withboth spaces under cover.There is no requirement for visitor car parking spaces as <strong>the</strong>re are less than five (5)dwellings. The site is also located close to public transport in <strong>the</strong> form <strong>of</strong> trains (NorthcoteTrain Station), busses and trams.A condition <strong>of</strong> any approval will require pedestrian doors to be reversed so that <strong>the</strong>y do notopen into <strong>the</strong> car parking area.A condition <strong>of</strong> any approval will require <strong>the</strong> bin storage areas to be removed from within <strong>the</strong>car parking area.The car parking facilities are designed, surfaced and graded to reduce run-<strong>of</strong>f and allowstormwater to drain into <strong>the</strong> ROW.Unit 4’s open study cannot reasonably be used as a bedroom.Single garage dimensions <strong>of</strong> 6 metres length x 3.50 metres width comply with <strong>the</strong> minimumrequirements <strong>of</strong> <strong>the</strong> standard.The double carport depth <strong>of</strong> 5.50 metres does not comply with <strong>the</strong> standard that requires aminimum <strong>of</strong> 6 metres; however, <strong>the</strong> design is considered to be acceptable given that <strong>the</strong>west end <strong>of</strong> <strong>the</strong> carport is open to <strong>the</strong> existing dwelling’s private open space. A condition <strong>of</strong>any approval will require <strong>the</strong> external storage area to be repositioned so that it is not within500mm <strong>of</strong> <strong>the</strong> car port.Complies with objective subject to conditionPage 68

PLANNING COMMITTEE MINUTES 25 JULY 2011Standard B17: Side and Rear SetbacksGround floorBoundary Wall height RequiredSetbackProposedsetbackWestern – U1 2.95 metres 1 metre 1.20 metresWestern – U2 3.30 metres 1 metre 2.40 metresWestern – U3 3.30 metres 1 metre 2.40 metresEastern – U1 3.15 metres 1 metre 3.10 metresEastern – U2 3.10 metres 1 metre 3.10 metresEastern – U3 3.10 metres 1 metre 3.10 metresEastern – U4 3.10 metres 1 metre 3.10 metresFirst FloorBoundary Wall height RequiredSetbackProposedsetbackWestern – U2 6.45 metres 1.86 metres 4.04 metresWestern – U3 6.45 metres 1.86 metres 4.04 metresWestern – U4 6.45 metres 1.86 metres 1.65 metresEastern – U2 4.90 metres 1.39 metres 700mmEastern – U3 4.90 metres 1.39 metres 700mmEastern – U4 4.90 metres 1.39 metres 700mm* non compliant setbacks shown in boldAll ground floor side setbacks are compliant with <strong>the</strong> standard.The first floor, western boundary setback <strong>of</strong> Unit 4 is 1.65 metres, where <strong>the</strong> standardrequires a 1.86 metre setback, this is considered acceptable as Unit 4 is adjacent to a largegarage on <strong>the</strong> adjoining property to <strong>the</strong> west and will <strong>the</strong>refore have limited impact onresidential amenity.The first floor, eastern boundary setbacks <strong>of</strong> Unit 2, Unit 3 and Unit 4 are 700mm, where <strong>the</strong>standard requires a 1.39 metre setback. The eastern boundary is shared with a ROW and<strong>the</strong> eastern walls <strong>of</strong> <strong>the</strong> units are set back 2.25 metres (standard requires 1.86 metres) from<strong>the</strong> eastern boundary, with only balconies having a setback <strong>of</strong> 700mm. The ROW and <strong>the</strong>screening to <strong>the</strong> balconies, which will let light through, will reduce any impact on surroundingresidential amenity and <strong>the</strong> setbacks are <strong>the</strong>refore considered acceptable.Complies with objectivePage 69

PLANNING COMMITTEE MINUTES 25 JULY 2011Standard 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 metres.Boundary and lengthMaximum lengthallowableNor<strong>the</strong>rn: 13.10 metres 10.78 metresProposed length13.10 metresWestern: 44.19 metres 18.55 metres 6 metres*non compliant walls shown in boldThe western boundary wall height <strong>of</strong> 3 metres average complies with <strong>the</strong> standard.The nor<strong>the</strong>rn boundary wall height <strong>of</strong> 6.45 metres and <strong>the</strong> 13.10 metre length do not complywith <strong>the</strong> standard. The nor<strong>the</strong>rn boundary is shared with a ROW with a width <strong>of</strong> 5.10 metres,which will reduce any impact on surrounding residential amenity and <strong>the</strong> wall is <strong>the</strong>reforeconsidered acceptable.Complies with objectiveStandard B20: North Facing WindowsThere are no north-facing habitable room windows on adjoining properties which would beaffected by <strong>the</strong> proposed development in accordance with <strong>the</strong> requirements <strong>of</strong> this standard.CompliesStandard B21: OvershadowingOvershadowing <strong>of</strong> adjoining open space meets <strong>the</strong> standard and objective.Overshadowing <strong>of</strong> neighbouring properties to <strong>the</strong> east and west by <strong>the</strong> proposed dwellings isminimal, with at least 40 square metres <strong>of</strong> neighbouring dwellings’ secluded private openspace with a minimum dimension <strong>of</strong> 3.0 metres, or 75% (whichever is <strong>the</strong> lesser) receiving aminimum <strong>of</strong> five (5) hours sunlight between 9am and 3pm on 22 September.CompliesStandard B22: OverlookingThe ground floors <strong>of</strong> all dwellings have finished floor levels less than 800mm above naturalground level at <strong>the</strong> boundary. An existing 1.80 metre high boundary fence on <strong>the</strong> westernboundary will sufficiently limit overlooking.There are no habitable room windows on <strong>the</strong> ground floor, eastern elevation.The first floor, west facing habitable room windows are screened to 1.70 metres fromfinished floor level.The first floor, east facing habitable room windows and balconies are screened to 1.70metres to prevent overlooking to <strong>the</strong> east.CompliesPage 70

PLANNING COMMITTEE MINUTES 25 JULY 2011Standard B24: Noise ImpactsThere are no obvious noise sources to or from <strong>the</strong> development.CompliesStandard B25: AccessibilityThe proposed dwellings can be made accessible for people with limited mobility byconstruction <strong>of</strong> a ramp, if required.Whilst <strong>the</strong> living areas <strong>of</strong> <strong>the</strong> proposed dwellings are located on first floor level, each dwellinghas a bathroom and bedroom at ground floor level.CompliesStandard B26: Dwelling EntryThe entries are visible and easily identifiable. A sense <strong>of</strong> address and shelter is alsoprovided.CompliesStandard B28: Private Open SpaceThe development provides adequate private open space (pos) for <strong>the</strong> reasonable recreationand service needs <strong>of</strong> residents.The existing dwelling achieves more than 40 square metres <strong>of</strong> private open space with aminimum area <strong>of</strong> 25 square metres, a minimum dimension <strong>of</strong> 3 metres and convenientaccess from a living room.Unit 2, Unit 3 and Unit 4 achieve a minimum <strong>of</strong> 8 square metre balconies with a minimumwidth <strong>of</strong> 1.6 metres and convenient access from a living room.A summary <strong>of</strong> <strong>the</strong> provided private open space is shown in <strong>the</strong> table below.Total POS Secluded POS Minimum dimension<strong>of</strong> secluded POSUnit 1 188.37m² 35.34m² 3 metres(existing)Unit 2 25.57m² 9m² 1.60 metresUnit 3 25.62m² 9m² 1.60 metresUnit 4 8.30m² 8.30m² 1.60 metresAll secluded private open space areas have direct access to a living room.CompliesStandard B29: Solar Access to Open SpaceThe secluded private open space <strong>of</strong> <strong>the</strong> existing dwelling (Unit 1) has direct nor<strong>the</strong>rn solaraccess.Whilst not compliant with <strong>the</strong> standard, <strong>the</strong> balcony to Unit 4 will receive a sufficient amount<strong>of</strong> nor<strong>the</strong>rn solar access for <strong>the</strong> first half <strong>of</strong> <strong>the</strong> day and is <strong>the</strong>refore considered acceptable.The balcony is a usable area and is located directly <strong>of</strong>f an internal living area.Page 71

PLANNING COMMITTEE MINUTES 25 JULY 2011The balconies <strong>of</strong> Unit 2 and Unit 3 do not comply with <strong>the</strong> standard; however <strong>the</strong>y provideuseable space located directly <strong>of</strong>f internal living areas and this, coupled with <strong>the</strong> ground floorsecondary private open spaces that have direct nor<strong>the</strong>rn solar access, provide anacceptable outcome.Complies with objectiveStandard B30: StorageUnit 1, Unit 2 and Unit 3 all have 6m³ <strong>of</strong> external storage.Due to <strong>the</strong> design response <strong>of</strong> Unit 4, it is considered acceptable for it to have 6m³ <strong>of</strong>internal storage as shown.Complies with objectiveStandard B31: Design DetailThe design detail <strong>of</strong> <strong>the</strong> development respects <strong>the</strong> existing or preferred neighbourhoodcharacter through: façade articulation; window and door proportions; verandah treatment;parapets.In addition, carports and garages are located to <strong>the</strong> rear <strong>of</strong> <strong>the</strong> existing dwelling so as toreduce <strong>the</strong>ir impact on <strong>the</strong> existing or preferred neighbourhood character.CompliesStandard B34: Site ServicesSufficient area is provided to allow for <strong>the</strong> installation and <strong>the</strong> maintenance <strong>of</strong> site services.A condition <strong>of</strong> any approval will require that site services and plant are shown on <strong>the</strong> plans.Complies subject to conditionPOLICY 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 72

PLANNING COMMITTEE MINUTES 25 JULY 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 SchemePlanning and Environment Act (1987) as amended.Heritage ReviewCOMMITTEE DECISIONMOVED:SECONDED:Cr. N. KatsisCr. S. TsitasTHAT Planning Permit Application D/791/2010 be refused and a Notice <strong>of</strong>Refusal be issued on <strong>the</strong> following grounds:(1) The proposal does not respect <strong>the</strong> neighbourhood character <strong>of</strong> <strong>the</strong> area or<strong>the</strong> heritage significance <strong>of</strong> <strong>the</strong> existing dwelling.(2) The proposal would have a detrimental impact on <strong>the</strong> amenity <strong>of</strong> nearbyresidential properties.(3) The proposal is an overdevelopment.CARRIEDPage 73

PLANNING COMMITTEE MINUTES 25 JULY 20115.5 APPLICATION FOR PLANNING PERMIT D/790/2010210 Gillies Street, FairfieldAUTHOR:DIRECTOR:Senior Planner – Deniz Yener-KorematsuDirector City Works and Development – Michael BallockOWNER/APPLICANT/CONSULTANT:Applicant:P Rujanoski - Architectural Plans & PermitsShop 2 387 Station StTHORNBURY VIC 3071Owner:Peter Louise Chapman and Andrea Lillian Chapman137 Yallambie RdMACLEOD VIC 3085SUMMARY:• Medium density development comprising three (3) double-storey, three (3) bedroomdwellings. Each dwelling has access to two (2) car parking spaces comprising a singlespace garage and tandem car space.• The Certificate <strong>of</strong> Title does not indicate that <strong>the</strong>re is a restrictive covenant whichapplies to <strong>the</strong> land.• Recommendation – Notice <strong>of</strong> Decision to Grant a Planning Permit subject to conditionsCONSULTATION:• 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.• Five (5) objections have been received.• A consultative <strong>meeting</strong> was not <strong>held</strong> as <strong>the</strong> grounds <strong>of</strong> objection could not bemediated.• The application was referred internally to Council’s Capital Works Unit, Public RealmUnit and Traffic Management Unit. The application was not required to be referredexternally.RECOMMENDATIONTHAT Planning Permit Application D/790/2010 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 accordancePage 74

PLANNING COMMITTEE MINUTES 25 JULY 2011with <strong>the</strong> plans submitted with <strong>the</strong> application (identified as Proposed Site and GroundFloor Plans A-1, Proposed Site and First Floor Plans A-2, Proposed Elevations A-3,prepared by Architectural Plans and Permits and dated Revision date 04.03.11) butmodified to show:a) The first floor south-facing windows <strong>of</strong> Unit 1 and west-facing living roomwindows <strong>of</strong> all dwellings provided with ei<strong>the</strong>r:• A sill with a minimum height <strong>of</strong> 1.7 metres above finished floor level,• A fixed screen with a maximum permeability <strong>of</strong> 25% to a minimum height <strong>of</strong>1.7 metres above finished floor level or• Fixed obscure glazing (not film) to a minimum height <strong>of</strong> 1.7 metres abovefinished floor level.Where fixed screens are being utilised a section diagram must be included todemonstrate how <strong>the</strong> screens minimise overlooking <strong>of</strong> adjoining properties.b) The provision and full specifications <strong>of</strong> high quality timber garage doors, inkeeping with <strong>the</strong> materials and colours <strong>of</strong> <strong>the</strong> front façade <strong>of</strong> <strong>the</strong> dwellings.c) The upper floor, south facing brick wall <strong>of</strong> Unit 1 treated with wea<strong>the</strong>rboard finish,as specified for <strong>the</strong> front (eastern) elevation.d) The rear (western) setback <strong>of</strong> each dwelling increased by one (1) metre toaccommodate additional planting.e) The south wall <strong>of</strong> <strong>the</strong> Study Nook/Library <strong>of</strong> Unit 1 to have a setback <strong>of</strong> 1.18metres for <strong>the</strong> first 3 metres from <strong>the</strong> front facade <strong>of</strong> <strong>the</strong> dwelling.f) The provision <strong>of</strong> pedestrian visibility splays measuring 2.0 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>rnsides <strong>of</strong> <strong>the</strong> existing and proposed crossovers to Gillies Street. Where within <strong>the</strong>subject site, any structures or vegetation within <strong>the</strong>se splays must be not morethan 1.15 metres in height.g) Annotations detailing a Tree Protection Zone and associated Tree ProtectionFence with a radius <strong>of</strong> 2.0 metres (measured from <strong>the</strong> outside edge <strong>of</strong> <strong>the</strong> trunk)for <strong>the</strong> tree located in <strong>the</strong> naturestrip in front <strong>of</strong> <strong>the</strong> subject site in accordancewith <strong>the</strong> requirements <strong>of</strong> Condition No.6 <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.h) Provision and specifications <strong>of</strong> permeable paving to <strong>the</strong> accessways.i) Delete <strong>the</strong> west facing balconies <strong>of</strong> each unit.j) Skillion ro<strong>of</strong>s with nor<strong>the</strong>rn clerestory windows over <strong>the</strong> rear ground floor areas(comprising <strong>the</strong> family/dining).k) The shared crossover to Unit 1 and Unit 2 reduced in width to 3.6 metres and <strong>the</strong>driveways and tandem parking spaces correspondingly redesigned to allowconvenient vehicular access (without reducing <strong>the</strong> landscaping areas in <strong>the</strong>frontage).l) A landscape plan in accordance with Condition No. 5 <strong>of</strong> this Permit. The planmust also include planting along <strong>the</strong> north and south boundary setbacks with aminimum mature height <strong>of</strong> 2.5 metres and at least seven (7) low to mediumheight canopy trees throughout <strong>the</strong> site to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> ResponsibleAuthority.Page 75

PLANNING COMMITTEE MINUTES 25 JULY 2011m) Provision <strong>of</strong> a comprehensive schedule <strong>of</strong> materials, finishes and colours(including colour samples).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:• 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.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> six (6) medium canopy trees on <strong>the</strong> site (3 within <strong>the</strong> frontsetback and 3 within <strong>the</strong> rear setback <strong>of</strong> <strong>the</strong> site) with a minimum height <strong>of</strong> 2metres at <strong>the</strong> time <strong>of</strong> installation and a minimum height <strong>of</strong> 4-5 metres at maturity.b) The provision <strong>of</strong> screen planting with a minimum height <strong>of</strong> 3 metres at maturityinstalled along <strong>the</strong> nor<strong>the</strong>rn and sou<strong>the</strong>rn boundaries <strong>of</strong> <strong>the</strong> site opposite <strong>the</strong>building footprint <strong>of</strong> Unit 1 and Unit 3 (between <strong>the</strong> western boundary and <strong>the</strong>garage <strong>of</strong> Unit 3; and <strong>the</strong> western boundary and <strong>the</strong> study nook <strong>of</strong> Unit 1).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 specifiedd) 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 plantse) 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> propertyg) All constructed items including retaining walls, letter boxes, garbage binreceptacles, outdoor furniture, lighting, clo<strong>the</strong>slines etch) Edge treatment between grass (lawn) and garden bedsi) 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 shownPage 76

PLANNING COMMITTEE MINUTES 25 JULY 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 beavoidedk) Clear graphics identifying trees (deciduous and evergreen), shrubs,groundcovers and climbersl) 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. Before buildings and works (including demolition) start, a tree protection fence must beerected around <strong>the</strong> naturestrip tree at a radius <strong>of</strong> 2.0 metres from <strong>the</strong> base <strong>of</strong> <strong>the</strong> trunkto define a ‘tree protection zone’.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.7. 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.8. 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.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. All dwellings that share dividing walls and/or floors must be constructed to limit noisetransmission in accordance with Part F(5) <strong>of</strong> <strong>the</strong> Building Code <strong>of</strong> Australia.11. 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.Page 77

PLANNING COMMITTEE MINUTES 25 JULY 2011The 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.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 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.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 BACKGROUNDPlanning Application D398/2001 was refused on 16/7/2003. Grounds <strong>of</strong> refusal were basedon <strong>the</strong> inappropriateness <strong>of</strong> <strong>the</strong> boundary to boundary design approach and garages sittingforward <strong>of</strong> <strong>the</strong> front façade.ISSUES AND DISCUSSIONSubject site and surrounding areaThe site is regular in shape, with a frontage <strong>of</strong> 20.1 metres and a depth <strong>of</strong> 40.2 metres. Thetotal site area is 808.02 square metres.Page 78

PLANNING COMMITTEE MINUTES 25 JULY 2011The site is located in a Residential 1 Zone and is affected by <strong>the</strong> Development ContributionsPlan Overlay – Schedule 1.The site is located on <strong>the</strong> west side <strong>of</strong> Gillies Street between Christmas Street to <strong>the</strong> northand Edwin Street to <strong>the</strong> south.The site is occupied by single storey dwelling with secluded private open space andoutbuildings to <strong>the</strong> rear. Access is gained via an existing double crossover shared with <strong>the</strong>adjoining property to <strong>the</strong> north. There is extensive vegetation on <strong>the</strong> site with trees along <strong>the</strong>boundaries and within <strong>the</strong> front setback. A 1.83m easement extends along <strong>the</strong> length <strong>of</strong> <strong>the</strong>north boundary. The site is relatively flat.To <strong>the</strong> north is a double storey, rendered brick veneer dwelling with secluded open space to<strong>the</strong> rear.To <strong>the</strong> south is a double storey rendered brick veneer block <strong>of</strong> flats comprising elevendwellings. Private open space is located to <strong>the</strong> north <strong>of</strong> <strong>the</strong> building approximately six (6)metres from <strong>the</strong> common boundary. Adjacent to <strong>the</strong> common boundary is parallel carparking and <strong>the</strong> accessway.To <strong>the</strong> west (rear) is a double-storey block <strong>of</strong> flats comprising eight (8) dwellings. Thebuilding is setback 8.3 metres from <strong>the</strong> common boundary. This area is used for car parkingand private open space.To <strong>the</strong> east across Gillies Street are single storey dwellings and medium densitydevelopments with front setbacks ranging between 6m and 9m.The subject site is located 100 metres from bus routes 567 and 609 along Station Street to<strong>the</strong> east, 300 metres from bus route 508 along Separation Street to <strong>the</strong> south, andapproximately 1 km north <strong>of</strong> <strong>the</strong> Fairfield Village Primary Neighbourhood Activity Centreincluding <strong>the</strong> Hurstbridge train line.Proposal• The proposal seeks approval for a medium density housing development comprising<strong>the</strong> construction <strong>of</strong> three (3) double storey dwellings. Each dwelling will front GilliesStreet.• Each dwelling will have three (3) bedrooms and access to two (2) car parking spacescomprising a single space garage and tandem car space.• Secluded private open space areas for <strong>the</strong> dwellings will be located to <strong>the</strong> rear.OBJECTIONSFive (5) objections have been received.Objections summarised1. Overlooking2. Inadequate side setbacks3. Setback to <strong>the</strong> south boundary not respectful <strong>of</strong> adjacent private open space4. Unit 1 should have similar setbacks from <strong>the</strong> side boundary as Unit 3Page 79

PLANNING COMMITTEE MINUTES 25 JULY 20115. Visual bulk6. Loss <strong>of</strong> trees (screening/home to birds)7. Out <strong>of</strong> character through bulk and boundary to boundary construction8. Overshadowing9. Overdevelopment10. Materials and finishes limited in variety and not <strong>of</strong> high quality.Officer comment on summarised objections1. The proposed development includes several upper floor windows. The north facingfirst floor windows have sill heights <strong>of</strong> 1.7m above finished floor level in accordancewith Clause 55. A condition <strong>of</strong> <strong>the</strong> approval can require <strong>the</strong> south facing habitableroom windows to be designed to limit <strong>the</strong> potential for overlooking <strong>of</strong> adjoiningsecluded private open space areas which are currently located within 6 metres <strong>of</strong> <strong>the</strong>sou<strong>the</strong>rn common boundary.2. The proposed development satisfies <strong>the</strong> standard for setbacks under Clause 55. Withregard to <strong>the</strong> impact <strong>of</strong> visual bulk to <strong>the</strong> sou<strong>the</strong>rn adjoining property, <strong>the</strong> interface to<strong>the</strong> south is considered to be formed predominantly <strong>of</strong> non-sensitive areas such as <strong>the</strong>driveway and car parking hardstand. Although <strong>the</strong>se common property areas may beused informally by residents as ‘communal open space’ (as stated in <strong>the</strong> grounds <strong>of</strong>objection), <strong>the</strong> same level <strong>of</strong> amenity and privacy which applies to secluded privateopen space areas cannot be applied to communal areas.The nor<strong>the</strong>rn setback <strong>of</strong> <strong>the</strong> development is slightly greater than <strong>the</strong> sou<strong>the</strong>rn setbackwhich responds to oblique views <strong>of</strong> Unit 3 from <strong>the</strong> adjoining secluded private openspace area to <strong>the</strong> north.3. Secluded (fenced) private open space areas on <strong>the</strong> adjoining sou<strong>the</strong>rn property arelocated approximately 6 metres away from <strong>the</strong> common boundary (although <strong>the</strong>y arenot shown on <strong>the</strong> ground floor plan, this has been confirmed via a site inspection). Inaddition to <strong>the</strong> 6 metre separation, an additional 2.63 metre and 1.7 metre separationis provided between <strong>the</strong> sou<strong>the</strong>rn upper floor walls <strong>of</strong> <strong>the</strong> proposed development and<strong>the</strong> common boundary. A total separation <strong>of</strong> 7.7 – 8.63 metres is generally consideredto be an acceptable setback for an upper floor wall from a secluded private open spacearea on an adjoining site.4. Grounds <strong>of</strong> objection seek for <strong>the</strong> proposal to provide a similar setback from <strong>the</strong>sou<strong>the</strong>rn boundary as provided to <strong>the</strong> nor<strong>the</strong>rn boundary on <strong>the</strong> basis <strong>of</strong> visual bulkand overshadowing impacts. This is not considered to be a reasonable request, as <strong>the</strong>development provides a greater setback to <strong>the</strong> north due to <strong>the</strong> proximity <strong>of</strong> <strong>the</strong>adjoining nor<strong>the</strong>rn dwelling and <strong>the</strong> direct abuttal <strong>of</strong> <strong>the</strong> secluded private open spacearea to <strong>the</strong> common boundary.The building and secluded private open space areas to <strong>the</strong> south have a far greatersetback and direct abuttal with a driveway and car parking areas. Overshadowing to<strong>the</strong> south will not affect any <strong>of</strong> <strong>the</strong> secluded private open space areas and <strong>the</strong>re issufficient separation between <strong>the</strong> proposed and existing buildings to <strong>of</strong>fset any visualbulk impacts. The setbacks provided for <strong>the</strong> proposed development are considered tobe responsive to conditions on adjoining sites and meet <strong>the</strong> relevant standard withinClause 55. Though <strong>the</strong> height <strong>of</strong> <strong>the</strong> development can be reduced slightly at <strong>the</strong> upperfloor as part <strong>of</strong> any approval (see fur<strong>the</strong>r discussion below).Page 80

PLANNING COMMITTEE MINUTES 25 JULY 20115. The proposed development has been well articulated and has made use <strong>of</strong> differentmaterials to reduce visual bulk at <strong>the</strong> front elevation through <strong>the</strong> juxtaposition <strong>of</strong>building materials. High quality garage doors that blend in with <strong>the</strong> development will berequested as a condition <strong>of</strong> any approval to reduce <strong>the</strong> dominance <strong>of</strong> parkingstructures visible to <strong>the</strong> street. However, some <strong>of</strong> <strong>the</strong> smooth render finish and timbercladding used on <strong>the</strong> front elevations could be extended along <strong>the</strong> sou<strong>the</strong>rn elevationinstead <strong>of</strong> face-brickwork, as <strong>the</strong> development will be visible from public areas to <strong>the</strong>south. This should provide sufficient visual interest and reduce <strong>the</strong> appearance <strong>of</strong>visual bulk to <strong>the</strong> south. The overall height <strong>of</strong> <strong>the</strong> development is less than immediateproperties and should not impact on <strong>the</strong> streetscape character or <strong>the</strong> amenity <strong>of</strong>adjoining properties.6. The proposal will result in <strong>the</strong> loss <strong>of</strong> a significant number <strong>of</strong> trees but <strong>the</strong>se have beendeemed to have medium to low retention value by Council’s Public Realm Unit and <strong>the</strong>site is not affected by a Vegetation Protection Overlay or any o<strong>the</strong>r <strong>planning</strong>mechanism by which trees on <strong>the</strong> site must be protected.The trees along <strong>the</strong> sou<strong>the</strong>rn boundary are not considered suitable for retention given<strong>the</strong> proximity <strong>of</strong> <strong>the</strong> proposed building footprint <strong>of</strong> Unit 1 to <strong>the</strong> boundary line. Even if<strong>the</strong> setback was to be increased slightly to match <strong>the</strong> setback <strong>of</strong> Unit 3 as suggestedby <strong>the</strong> objections, it is not possible to provide an adequate tree protection zone.The proposed development provides adequate space for <strong>the</strong> planting <strong>of</strong> canopy treesand o<strong>the</strong>r substantial vegetation to <strong>the</strong> front, rear and <strong>the</strong> nor<strong>the</strong>rn setback. Thesou<strong>the</strong>rn setback can accommodate screen planting along <strong>the</strong> fence line, which canform a condition <strong>of</strong> any approval. The rear (western setback) can be slightly increasedvia conditions to allow medium canopy trees to be located within <strong>the</strong> rear yard areas <strong>of</strong><strong>the</strong> dwellings.7. Small lot subdivision is prevalent in <strong>the</strong> area and <strong>the</strong> boundary to boundary style <strong>of</strong>development is considered to have become an acceptable part <strong>of</strong> <strong>the</strong> neighbourhoodsetting.The subject site is flanked by two unconventional buildings to <strong>the</strong> north and south; <strong>the</strong>nor<strong>the</strong>rn site is occupied by a large detached dwelling exhibiting substantial buildingbulk and a bold garage set forward <strong>of</strong> <strong>the</strong> dwelling line; and <strong>the</strong> adjoining site to <strong>the</strong>south is occupied by a block <strong>of</strong> two-storey flats providing a non-sensitive driveway andcar park interface to <strong>the</strong> common boundary. Under <strong>the</strong> circumstances <strong>the</strong> two-storeyform and boundary to boundary construction is on <strong>the</strong> whole considered acceptable,particularly as garages are set back behind <strong>the</strong> dwellings’ front walls. However, as <strong>the</strong>wall on <strong>the</strong> sou<strong>the</strong>rn boundary will be overtly visible due to <strong>the</strong> extensive width <strong>of</strong> <strong>the</strong>driveway/parking areas to <strong>the</strong> south, <strong>the</strong> sou<strong>the</strong>rn wall <strong>of</strong> <strong>the</strong> study nook to Unit 1 canbe set back 1.18 metres for <strong>the</strong> first 3 metres from <strong>the</strong> front facade <strong>of</strong> <strong>the</strong> dwelling toprovide a visual recess.Objectors have made reference to <strong>the</strong> development at 206 Gillies Street as cited as anexample <strong>of</strong> appropriate side-by-side development. This development responds to acompletely different set <strong>of</strong> conditions with an entirely different scale <strong>of</strong> development onadjoining sites, <strong>the</strong>refore it is difficult to justify a comparison <strong>of</strong> <strong>the</strong> two proposals. .8. The proposal will not significantly overshadow <strong>the</strong> secluded private open space <strong>of</strong>adjoining properties. The proposal satisfies <strong>the</strong> relevant standard under Clause 55.9. Level <strong>of</strong> compliance with Clause 55 standards provides a reasonable indication <strong>of</strong>whe<strong>the</strong>r a development exceeds what <strong>the</strong> site can sustain. The assessment <strong>of</strong> <strong>the</strong>proposed development indicates that <strong>the</strong> standards <strong>of</strong> Clause 55 are generally met orcan be met subject to minor conditions. Each dwelling is provided a street frontage <strong>of</strong>Page 81

PLANNING COMMITTEE MINUTES 25 JULY 2011approximately 6.7 metres which is comparable to o<strong>the</strong>r lengthwise subdivisions in <strong>the</strong>area (eg. 182-184 Gillies Street, 206 Gillies Street, and 221 Gillies Street) and <strong>the</strong> siteprovides comparable open areas. The two-storey height is in keeping with two-storeyand single-storey dwellings in <strong>the</strong> area. Therefore <strong>the</strong> development is not consideredto constitute an overdevelopment.10. Materials and finishes have been discussed under point 5 above.PLANNING ASSESSMENTNEIGHBOURHOOD CHARACTER PRECINCT GUIDELINE ASSESSMENTThe proposed development is generally in keeping with <strong>the</strong> neighbourhood character in <strong>the</strong>area. The side-by-side attached building form and garages presenting to <strong>the</strong> street is anaccepted form <strong>of</strong> development in <strong>the</strong> immediate area. The proposal provides visual interestto <strong>the</strong> street through articulation and juxtaposition <strong>of</strong> materials. The two-storey form is anaccepted height transition to single and two-storey buildings in <strong>the</strong> area. An appropriate level<strong>of</strong> landscaping can be provided on <strong>the</strong> site. Some aspects <strong>of</strong> <strong>the</strong> development will requireadjustment to provide improved outcomes; <strong>the</strong>se changes can be requested via conditions<strong>of</strong> any approval.CLAUSE 55 ASSESSMENTThe following standards within Clause 55 are not numerically met, however <strong>the</strong> object <strong>of</strong> <strong>the</strong>standard is considered to be satisfied:Standard B6: Street SetbackThe front setbacks <strong>of</strong> <strong>the</strong> adjoining dwellings are 6 metres and 9.1 metres. The standard<strong>the</strong>refore requires a setback <strong>of</strong> 7.55 metres.The proposed front setback <strong>of</strong> 6.85 metres does not comply with <strong>the</strong> standard, however <strong>the</strong>design response is considered to be acceptable due to <strong>the</strong> following:The setback addresses <strong>the</strong> relevant requirements <strong>of</strong> <strong>the</strong> Neighbourhood Character Study, inthat it allows adequate provision for landscaping.The front façades <strong>of</strong> each dwelling are appropriately articulated.The front setback will not result in unreasonable visual bulk when viewed from <strong>the</strong> street oradjoining properties.The existing streetscape is not consistent and provides for varied setbacks ranging from 6metres to 9 metres.Summary <strong>of</strong> Private Open SpacePrivate open space will be provided as follows:Unit 1 – Total: 109m 2 including 45m 2 <strong>of</strong> secluded private open space;Unit 2 – Total: 68m 2 including 38m 2 <strong>of</strong> secluded private open space;Unit 3 – Total: 81m 2 including 38m 2 <strong>of</strong> secluded private open space.Page 82

PLANNING COMMITTEE MINUTES 25 JULY 2011POLICY 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 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 83

PLANNING COMMITTEE MINUTES 25 JULY 2011COMMITTEE DECISIONMOVED:SECONDED:Cr. G. GrecoCr. T. LaurenceTHAT Planning Permit Application D/790/2010 be approved and a Notice <strong>of</strong>Decision to 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>Responsible Authority. The plans must be drawn to scale with dimensionsand must be generally in accordance with <strong>the</strong> plans submitted with <strong>the</strong>application (identified as Proposed Site and Ground Floor Plans A-1,Proposed Site and First Floor Plans A-2, Proposed Elevations A-3,prepared by Architectural Plans and Permits and dated Revision date04.03.11) but modified to show:a) The first floor south-facing windows <strong>of</strong> Unit 1 and west-facing livingroom windows <strong>of</strong> all dwellings provided with ei<strong>the</strong>r:• A sill with a minimum height <strong>of</strong> 1.7 metres above finished floorlevel,• A fixed screen with a maximum permeability <strong>of</strong> 25% to aminimum height <strong>of</strong> 1.7 metres above finished floor level or• Fixed obscure glazing (not film) to a minimum height <strong>of</strong> 1.7metres above finished floor level.Where fixed screens are being utilised a section diagram must beincluded to demonstrate how <strong>the</strong> screens minimise overlooking <strong>of</strong>adjoining properties.b) The provision and full specifications <strong>of</strong> high quality timber garagedoors, in keeping with <strong>the</strong> materials and colours <strong>of</strong> <strong>the</strong> front façade <strong>of</strong><strong>the</strong> dwellings.c) The upper floor, south facing brick wall <strong>of</strong> Unit 1 treated withwea<strong>the</strong>rboard finish, as specified for <strong>the</strong> front (eastern) elevation.d) The rear (western) setback <strong>of</strong> each dwelling increased by one (1)metre to accommodate additional planting.e) The south wall <strong>of</strong> <strong>the</strong> Study Nook/Library <strong>of</strong> Unit 1 to have a setback<strong>of</strong> 1.18 metres for <strong>the</strong> first 3 metres from <strong>the</strong> front facade <strong>of</strong> <strong>the</strong>dwelling.f) The provision <strong>of</strong> pedestrian visibility splays measuring 2.0 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> existing and proposed crossoversto Gillies Street. Where within <strong>the</strong> subject site, any structures orvegetation within <strong>the</strong>se splays must be not more than 1.15 metres inheight.g) Annotations detailing a Tree Protection Zone and associated TreeProtection Fence with a radius <strong>of</strong> 2.0 metres (measured from <strong>the</strong>Page 84

PLANNING COMMITTEE MINUTES 25 JULY 2011outside edge <strong>of</strong> <strong>the</strong> trunk) for <strong>the</strong> tree located in <strong>the</strong> naturestrip infront <strong>of</strong> <strong>the</strong> subject site in accordance with <strong>the</strong> requirements <strong>of</strong>Condition No.6 <strong>of</strong> this Permit.A notation must be added to state that any works in <strong>the</strong> TreeProtection Zone must be carried out without excavation.h) Provision and specifications <strong>of</strong> permeable paving to <strong>the</strong> accessways.i) Delete <strong>the</strong> west facing balconies <strong>of</strong> each unit.j) Skillion ro<strong>of</strong>s with nor<strong>the</strong>rn clerestory windows over <strong>the</strong> rear groundfloor areas (comprising <strong>the</strong> family/dining).k) The shared crossover to Unit 1 and Unit 2 reduced in width to 3.6metres and <strong>the</strong> driveways and tandem parking spacescorrespondingly redesigned to allow convenient vehicular access(without reducing <strong>the</strong> landscaping areas in <strong>the</strong> frontage).l) A landscape plan in accordance with Condition No. 5 <strong>of</strong> this Permit.The plan must also include planting along <strong>the</strong> north and southboundary setbacks with a minimum mature height <strong>of</strong> 2.5 metres andat least seven (7) low to medium height canopy trees throughout <strong>the</strong>site to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.m) Provision <strong>of</strong> a comprehensive schedule <strong>of</strong> materials, finishes andcolours (including colour samples).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 alteredwithout <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:• The development does not start within three (3) years from <strong>the</strong> date<strong>of</strong> this Permit; 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 ismade in writing 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 worksauthorised by this permit, a development levy must be paid to Darebin CityCouncil. The amount <strong>of</strong> <strong>the</strong> development levy for each charge unit must becalculated in accordance with Schedule 1 to <strong>the</strong> Development ContributionPlan 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, andapproved by <strong>the</strong> Responsible Authority. When <strong>the</strong> Landscape Plan isapproved, it will be endorsed and will <strong>the</strong>n form part <strong>of</strong> this Permit. TheLandscape Plan must be prepared by a suitably qualified person and mustincorporate:a) The provision <strong>of</strong> six (6) medium canopy trees on <strong>the</strong> site (3 within <strong>the</strong>front setback and 3 within <strong>the</strong> rear setback <strong>of</strong> <strong>the</strong> site) with aPage 85

PLANNING COMMITTEE MINUTES 25 JULY 2011minimum height <strong>of</strong> 2 metres at <strong>the</strong> time <strong>of</strong> installation and a minimumheight <strong>of</strong> 4-5 metres at maturity.b) The provision <strong>of</strong> screen planting with a minimum height <strong>of</strong> 3 metresat maturity installed along <strong>the</strong> nor<strong>the</strong>rn and sou<strong>the</strong>rn boundaries <strong>of</strong><strong>the</strong> site opposite <strong>the</strong> building footprint <strong>of</strong> Unit 1 and Unit 3 (between<strong>the</strong> western boundary and <strong>the</strong> garage <strong>of</strong> Unit 3; and <strong>the</strong> westernboundary and <strong>the</strong> study nook <strong>of</strong> Unit 1).c) Details <strong>of</strong> all existing trees to be retained and all existing trees to beremoved, including overhanging trees on adjoining properties. Thegenus, species, height and spread <strong>of</strong> all trees must be specifiedd) A planting schedule <strong>of</strong> proposed vegetation detailing <strong>the</strong> botanicalname, common name, size at maturity and quantities <strong>of</strong> all plantse) Details <strong>of</strong> all surfaces including lawns, mulched garden beds andhard paving (such as asphalt, concrete, brick or gravel)f) Street trees within <strong>the</strong> nature strip/s adjacent to <strong>the</strong> propertyg) All constructed items including retaining walls, letter boxes, garbagebin receptacles, outdoor furniture, lighting, clo<strong>the</strong>slines etch) Edge treatment between grass (lawn) and garden bedsi) 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 adjoining land, including <strong>the</strong> location <strong>of</strong> windows anddoors which face <strong>the</strong> subject site must also be shownj) The location <strong>of</strong> both existing and proposed overhead andunderground services. Conflicts <strong>of</strong> such services with <strong>the</strong> existingand proposed planting must be avoidedk) Clear graphics identifying trees (deciduous and evergreen), shrubs,groundcovers and climbersl) 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. Before buildings and works (including demolition) start, a tree protectionfence must be erected around <strong>the</strong> naturestrip tree at a radius <strong>of</strong> 2.0 metresfrom <strong>the</strong> base <strong>of</strong> <strong>the</strong> trunk to define a ‘tree protection zone’.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 iscompleted.No vehicular or pedestrian access, trenching or soil excavation is to occurwithin <strong>the</strong> tree protection zone.No storage or dumping <strong>of</strong> tools, equipment or waste is to occur within <strong>the</strong>tree protection zone.The ground surface <strong>of</strong> <strong>the</strong> tree protection zone must be covered by aprotective 100mm deep layer <strong>of</strong> mulch prior to <strong>the</strong> developmentPage 86

PLANNING COMMITTEE MINUTES 25 JULY 2011commencing and be watered regularly to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong>Responsible Authority.7. The landscaping as shown on <strong>the</strong> endorsed Landscape Plan must becompleted 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 isapproved 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>permit holder must advise Council, in writing, that <strong>the</strong> landscaping hasbeen completed.8. The landscaping as shown on <strong>the</strong> endorsed Landscape Plan must bemaintained, and any dead, diseased or damaged plant replaced inaccordance with <strong>the</strong> endorsed Landscape Plan 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. Theconfirmation <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> Building Regulations 2006. This confirmationmust be in <strong>the</strong> form <strong>of</strong> a report from a licensed land surveyor and must besubmitted to <strong>the</strong> Responsible Authority no later than 7 days from <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 licensedland surveyor submitted to <strong>the</strong> Responsible Authority.10. All dwellings that share dividing walls and/or floors must be constructed tolimit noise transmission in accordance with Part F(5) <strong>of</strong> <strong>the</strong> Building Code<strong>of</strong> Australia.11. Before <strong>the</strong> dwellings are occupied, an automatic external lighting systemcapable <strong>of</strong> illuminating <strong>the</strong> entry to each unit, access to each garage andcar parking space 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 ensurethat no loss <strong>of</strong> amenity is caused to adjoining and nearby land, to <strong>the</strong>satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.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, fittings and vents servicing any building on <strong>the</strong> land must beconcealed in service ducts or o<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 thoseshown 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> prior written consent <strong>of</strong> <strong>the</strong> Responsible Authority.16. 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.Page 87

PLANNING COMMITTEE MINUTES 25 JULY 201117. Before occupation <strong>of</strong> <strong>the</strong> development, 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 accordancewith <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 plansmust not be used for any o<strong>the</strong>r purpose.18. Before <strong>the</strong> development is occupied, vehicular crossing(s) must beconstructed to 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 replaced with footpath, naturestrip and kerb andchannel to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Responsible Authority.CARRIEDPage 88

PLANNING COMMITTEE MINUTES 25 JULY 20116. OTHER BUSINESS6.1 List <strong>of</strong> 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. N. KatsisCr. S. TsitasTHAT <strong>the</strong> list <strong>of</strong> Scheduled VCAT Appeals be noted.CARRIEDPage 89

PLANNING COMMITTEE MINUTES 25 JULY 2011DELEGATE DECISIONS BEFORE VCATMarch 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCATDecisionResultTue 8Wed 9D158/2010D361/20109 Albert Street PrestonCazaly48 Raleigh StreetThornburyRuckerConstruct a dwelling to <strong>the</strong>rear <strong>of</strong> existing and alteraccess to a road in aRoad Zone Category 1Extension to a dwelling ona lot less than 300m2PermitConditionsreviewNotice <strong>of</strong>DecisionObjectorappealConditionsvariedPermitDelegate decision up<strong>held</strong>(in part)Delegate decision up<strong>held</strong>Wed 23Wed 23D348/2010D268/201092 Delaware StreetReservoirLa Trobe232 Victoria RoadNorthcoteRuckerConstruction <strong>of</strong> two (2)single storey dwellings to<strong>the</strong> rear <strong>of</strong> <strong>the</strong> existingdwellingConstruct four (4) doublestorey dwellingsNotice <strong>of</strong>DecisionObjectorappealNotice <strong>of</strong>DecisionConditionsreviewPermit Delegate decision up<strong>held</strong>PermitDelegate decision up<strong>held</strong>Tue 29D225/2010120 Gladstone AveNorthcoteRuckerConstruction <strong>of</strong> crossoverRefusalApplicantappealPermitDelegate decisionoverturnedPage 90

PLANNING COMMITTEE MINUTES 25 JULY 2011March 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCATDecisionResultTue 29D929/200936 Pickett StreetReservoirLa TrobeConstruct four (4)dwellingsPermitConditionsreviewPermitParties in agreementDelegate decision up<strong>held</strong>(in part)April 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCATDecisionResultMon 4(2 days) D662/20081 Elizabeth StreetNorthcoteRuckerConstruct three (3)dwellingsRefusalApplicantappealagainstfailure todetermineRefusalDelegate decision up<strong>held</strong>Wed 6D311/201076 Darebin BoulevardReservoirLa TrobeConstruct four (4)dwellingsNotice <strong>of</strong>DecisionObjectorappealPermit Delegate decision up<strong>held</strong>Page 91

PLANNING COMMITTEE MINUTES 25 JULY 2011April 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCATDecisionResultThu 7D913/200935 Elsey Road ReservoirLa TrobeConstruction <strong>of</strong> three (3)double storey dwellingsRefusalApplicantappealRefusalDelegate decision up<strong>held</strong>Tue 12D121/201023 Marjorie StreetPrestonCazalyConstruct two (2) doublestorey dwellingsPermitConditionsreviewPermitParties in agreementDelegate decision up<strong>held</strong> (inpart)Thu 21D309/201021 Miller StreetThornburyCazalyConstruct two (2) doublestorey dwellingsRefusalApplicantappealPermitDelegate decisionoverturnedPage 92

PLANNING COMMITTEE MINUTES 25 JULY 2011May 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCATDecisionResultFri 6D856/201018 Ross Street AlphingtonRuckerConstruct a dwelling onland affected by an interimheritage overlayNotice <strong>of</strong>DecisionObjectorappealPermitDelegate decision up<strong>held</strong>Mon 9D870/2009300 Clarke StreetNorthcoteRuckerConstruct two (2) doublestorey dwellingsNotice <strong>of</strong>Decision(had anappealagainstfailure todeterminenot beenlodged)PermitDelegate decision up<strong>held</strong>ApplicantappealTue 10D5/201029 Anderson RoadThornburyCazalyGround and upper leveladditions and reduction in<strong>the</strong> car parkingrequirementNotice <strong>of</strong>DecisionObjectorappealRefusalDelegate decision overturnedPage 93

PLANNING COMMITTEE MINUTES 25 JULY 2011May 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCATDecisionResultWed 25D616/20109 Mihil Street PrestonCazalyConstruct 3 dwellingsNotice <strong>of</strong>DecisionObjectorappealPermitDelegate decision up<strong>held</strong>June 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCATDecisionResultFri 3Tue 21D479/2010D855/20091 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 requirementNotice <strong>of</strong>DecisionObjectorappealNotice <strong>of</strong>DecisionObjectorappealPermitPermitDelegate decision up<strong>held</strong>Delegate decision up<strong>held</strong>Page 94

PLANNING COMMITTEE MINUTES 25 JULY 2011July 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCATDecisionResultWed 6D637/20101 Nisbett StreetReservoirCazalyConstruct 2 dwellings(dual occupancy)RefusalApplicantappealDecisionpendingWed 13D283/201026 Youngman StreetPrestonCazalyConstruct 2 dwellings(dual occupancy)PermitConditionsreviewPermitParties in agreementDelegate decision up<strong>held</strong> (inpart)Wed 20D182/2009/A22 Reid Street NorthcoteSection 72 amendment to<strong>the</strong> plansNotice <strong>of</strong>DecisionObjectorappealDecisionpendingPage 95

PLANNING COMMITTEE MINUTES 25 JULY 2011August 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward ProposalCouncilDecision/Nature <strong>of</strong>AppealVCATDecisionResultTue 29.00amD938/20101 / 29 Barton StreetReservoirLa TrobeUpper storey addition toan existing dwelling on alot less than 300 sq.mNotice <strong>of</strong>DecisionObjectorappealThu 410.00amD692/2010107 Gilbert RoadPrestonCazalyUse <strong>of</strong> land for aconvenience restaurant(pizzeria/cafe), display <strong>of</strong>advertising signage andconstruction <strong>of</strong> a flueNotice <strong>of</strong>DecisionObjectorappealFri 192.15pmD740/2010612 Murray RoadPrestonCazalyConstruction <strong>of</strong> 4 attached2-storey dwellings withro<strong>of</strong>-top decksRefusal (hadan appealagainstfailure todeterminenot beenlodged)ApplicantappealPage 96

PLANNING COMMITTEE MINUTES 25 JULY 2011PLANNING COMMITTEE DECISIONS BEFORE VCATMarch 2011Date/Time <strong>of</strong>HearingFri 4App No. Property / Ward Proposal Council DecisionD803/200915 Rushall StreetFairfieldRuckerConstruct two (2)dwellings – one(1) on each lotless than 300m2RefusalVCATDecisionPermitCouncildecisionoverturnedKey Reasons / Comments Two storey built form common instreet. Proposed first floors are recessed. No parking problems / restrictionsevident in street. Mixed pattern <strong>of</strong> development lendssupport to <strong>the</strong> side-by-side buildingtypology. Proposal maintains amenity <strong>of</strong> itsneighbours.Wed 23(1 day)D427/200925 CunninghamStreet NorthcoteRuckerConstruct four (4)dwellingsRefusalRefusalCouncildecisionup<strong>held</strong> Site is well located. Heritage Overlay – demolition <strong>of</strong>existing dwelling not in issue –proposed dwellings must respond to<strong>the</strong> area. Proposed front setback inadequate. Two storey massing at rear is notrespectful <strong>of</strong> <strong>the</strong> character <strong>of</strong> <strong>the</strong>area.Page 97

PLANNING COMMITTEE MINUTES 25 JULY 2011March 2011Date/Time <strong>of</strong>HearingThu 24App No. Property / Ward Proposal Council DecisionD621/2009156 Wood StreetPrestonCazalyConstruct four (4)dwellingsRefusalVCATDecisionRefusalCouncildecisionup<strong>held</strong>Key Reasons / Comments The site is suitable for a mediumdensity development. No unreasonable amenity impacts onneighbouring properties. The proposal is flawed on <strong>the</strong> basis<strong>of</strong> <strong>the</strong> creation <strong>of</strong> a triple crossoverarrangement which is unacceptablefrom a pedestrian amenity andstreetscape perspective. Internal amenity <strong>of</strong> proposed smaller2 nd dwelling is poor i.e. one dwellingtoo many.Thu 31(2 days)D83/2010461 St GeorgesRoad ThornburyCazalyConstruct a three(3) storey buildingcomprising ashop and 8dwellings andreduction in carparkingRefusalRefusalCouncildecisionup<strong>held</strong> Internal amenity flawed – <strong>the</strong> solereason for refusal. Built form / envelope <strong>of</strong> proposalacceptable (subject to minorchanges). Limited external amenity impacts onneighbours. Car parking waiver acceptable fordwellings.Page 98

PLANNING COMMITTEE MINUTES 25 JULY 2011April 2011Date/Time <strong>of</strong>HearingTue 12App No. Property / Ward Proposal Council DecisionD223/20104 Henry StreetReservoirCazalyConstruct six (6)dwellingsRefusalVCATDecisionPermitCouncildecisionoverturnedKey Reasons / Comments The site is suitable for a mediumdensity development. The Tribunal commented that“neighbourhood character policiesare not mandatory standards and areto be balanced against o<strong>the</strong>rpolicies”. The proposal respects <strong>the</strong> preferredneighbourhood character. Double storey form in <strong>the</strong> rear yard issatisfactory in this context because<strong>the</strong> upper floor side setbacks aregenerous. The proposal is not anoverdevelopment and achieves broadcompliance with <strong>the</strong> PlanningScheme.Page 99

PLANNING COMMITTEE MINUTES 25 JULY 2011April 2011Date/Time <strong>of</strong>HearingTue 19App No. Property / Ward Proposal Council DecisionD961/2009135 Smith StreetThornburyCazalyConstruct four (4)dwellingsRefusalVCATDecisionPermitCouncildecisionoverturnedKey Reasons / Comments The site is well located with goodaccess to public transport and withinclose proximity to activity centers andMelbourne’s CBD. The proposed two storey buildingsatisfies <strong>the</strong> policy at Clause 22.04with regard to maintaining <strong>the</strong>predominant scale within SmithStreet and ensuring goodlandscaping can occur. Amenity impacts on adjoiningresidential properties have beenaddressed through an appropriatedesign response, including materialsand fenestration which add interestand articulation to <strong>the</strong> built form. Private open space areas and carparking is provided in accordancewith ResCode standards.Thu 21D562/2009126 Rene StreetPrestonCazalyUse and develop<strong>the</strong> land for two(2) double storeydwellingsRefusalRefusalCouncildecisionup<strong>held</strong> Compatibility with broader State andlocal policies, while neighbourhoodcharacter not in issue. The major flaws include poor internalamenity, inadequate provision forwaste storage and no on-site parkingfor ei<strong>the</strong>r dwelling. There was a previous permit thatallowed one dwelling; two dwellings isan overdevelopment.Page 100

PLANNING COMMITTEE MINUTES 25 JULY 2011May 2011Date/Time <strong>of</strong>HearingMon 2App No. Property / Ward Proposal Council DecisionD419/2010197 Wingrove StreetFairfieldRuckerConstruct seven(7) dwellingsRefusalVCATDecisionRefusalCouncildecisionup<strong>held</strong>Key Reasons / Comments The amended plans lodged at VCATdid not address <strong>the</strong> <strong>planning</strong> <strong>of</strong>ficer’scondition 1 requirements. The proposed design will result in anegative and unreasonable impact on<strong>the</strong> established character <strong>of</strong> <strong>the</strong> area. Unreasonable levels <strong>of</strong> visual bulkincluding unarticulated side walls andincongruous cantilevered buildingelement presenting to <strong>the</strong> street. Minimal opportunities for ‘s<strong>of</strong>tening’landscape to <strong>the</strong> front and sides.Mon 2D104/200931 Shiers StreetAlphingtonRuckerConstruct two (2)double storeydwellingsRefusalRefusalCouncildecisionup<strong>held</strong> Interim heritage control wasintroduced after <strong>the</strong> application wasreported to <strong>the</strong> Planning Committee. The objectors called <strong>planning</strong>evidence; <strong>the</strong> permit applicant didnot. On <strong>the</strong> basis <strong>of</strong> evidence presented,consistency <strong>of</strong> <strong>the</strong> street andintactness <strong>of</strong> <strong>the</strong> existing house, <strong>the</strong>Tribunal formed <strong>the</strong> opinion that apermit should not be granted. The Tribunal also commented that:“I think it was difficult, on <strong>the</strong> materialavailable to <strong>the</strong> [<strong>planning</strong>] <strong>of</strong>ficers, tosufficiently fault this proposal so as towarrant its refusal”.Page 101

PLANNING COMMITTEE MINUTES 25 JULY 2011May 2011Date/Time <strong>of</strong>HearingThu 5App No. Property / Ward Proposal Council DecisionD317/201014 Ludeman CourtReservoirLa TrobeConstruct five (5)single-storeydwellingsRefusalVCATDecisionPermitCouncildecisionoverturnedKey Reasons / Comments The site is in a locality whereincreased housing diversity and stockcan occur. The site has reasonable access topublic transport and to local shops inHughes Parade. The provision <strong>of</strong> secluded privateopen space and on-site car parkingspaces meet <strong>the</strong> relevant ResCodeobjectives. The Tribunal indicated that it hasfrequently commented that:“… a development need not imitate<strong>the</strong> neighbourhood buildings in orderto be “respectful” <strong>of</strong> <strong>the</strong>neighbourhood’s character. It hasalso frequently pointed out that <strong>the</strong>mere fact <strong>of</strong> change being visibledoes not itself mean that that changeis unacceptable”.Fri 6D799/200924 Madeline StreetPrestonCazalyConstruct two (2)double storeydwellingsRefusalInterimOrder –DecisionpendingThe Permit Applicant has circulatedamended plans and Council hasresponded by <strong>the</strong> Tribunal’s 1 July 2011deadline.Page 102

PLANNING COMMITTEE MINUTES 25 JULY 2011May 2011Date/Time <strong>of</strong>HearingMon 9App No. Property / Ward Proposal Council DecisionD914/200911A Archibold StreetThornburyRuckerConstruct three(3) dwellingsRefusalVCATDecisionPermitCouncildecisionoverturnedKey Reasons / Comments The site is suitable for a mediumdensity development. Three (3) dwelling proposed – twodouble storey and one three storey. While <strong>the</strong> proposal is acceptable, <strong>the</strong>three storey form was deemedinconsistent with <strong>the</strong> character <strong>of</strong> <strong>the</strong>area. The Tribunal considered that deletion<strong>of</strong> <strong>the</strong> third storey will ensure anappropriate building height transitionand will result in one less car parkingspace being required i.e. 3 bedroomdwelling now 2 bedroom.Mon 16D584/201022 Hickford StreetReservoirLa TrobeConstruct four (4)single storeydwellingsRefusalPermitCouncildecisionoverturned ‘On <strong>the</strong> spot’ decision by <strong>the</strong> Tribunal. The Tribunal indicated that <strong>the</strong> site’ssuitable location and compliance withResCode (including limited amenityimpacts on neighbours) ensures abroadly acceptable <strong>planning</strong>outcome.Wed 25D438/201091 DarebinBoulevard ReservoirLa TrobeConstruct four (4)new single storeydwellingsRefusalDecisionpendingPage 103

PLANNING COMMITTEE MINUTES 25 JULY 2011June 2011Date/Time <strong>of</strong>HearingApp No. Property / Ward Proposal Council DecisionVCATDecisionKey Reasons / CommentsThu 16D168/200952 Showers StreetPrestonCazalyConstruct nine (9)dwellingsRefusalDecisionpendingJuly 2011Date/Time <strong>of</strong>HearingTue 5App No. Property / Ward Proposal Council DecisionD108/201079-81 MansfieldStreet ThornburyCazalyConstruct twelve(12) dwellingswithin a 3 storeybuildingRefusalApplicant appealagainst failure todetermineVCATDecisionDecisionpendingKey Reasons / CommentsMon 25(1 day)D605/201019-25 & 29 StGeorges RoadNorthcoteRuckerUse as a farmersmarket, reductionin car parking anderection anddisplay <strong>of</strong>advertisingsignage on landwithin a HeritageOverlayNotice <strong>of</strong> DecisionObjector appealDecisionpendingPage 104

PLANNING COMMITTEE MINUTES 25 JULY 2011August 2011Date/Time <strong>of</strong>HearingFri 2610.00am D437/2010Mon 2910.00amMon 2910.00am(2 days)App No. Property / Ward Proposal Council DecisionD451/2010D545/2010948 High StreetReservoirLa Trobe88 RathminesStreet FairfieldRucker388-390 HighStreet NorthcoteRuckerConstruction <strong>of</strong> a3 storey building,reduction in carparkingassociated withuse as a shopand 7 dwellings,and waive loadingbay requirementsTwo storeyapartmentbuildingcomprising 8dwellings with 10car parkingspacesConstruction <strong>of</strong> a7 storey mixedusedevelopment(plus basements)comprising 44dwellings, 3 retailtenancies, 3<strong>of</strong>fices, reductionin car and bicycleparking, andwaive loading bayrequirementsDecisions underlined not in accordance with delegate’s recommendationNotice <strong>of</strong> DecisionObjector appealNotice <strong>of</strong> DecisionObjector appealRefusalVCATDecisionKey Reasons / CommentsPage 105

PLANNING COMMITTEE MINUTES 25 JULY 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• 340 Plenty Road, Preston• Cazaly• D326/2010• The construction <strong>of</strong> a mixed use developmentcomprising 24 dwellings and a shop• 31 May 2010• Notice <strong>of</strong> Decision to Grant a Planning Permitissued• Shop 1/115 Victoria Road, Northcote• Rucker• D682/2010• Construction <strong>of</strong> a mixed use developmentcomprising 20 dwellings and a shop within a four(4) storey building• 30 September 2010• Refusal to Grant a Planning Permit issued• 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• Request for fur<strong>the</strong>r information sent• 285 Plenty Road, Preston• Cazaly• D793/2010• Construction <strong>of</strong> a residential developmentcontaining 24 dwellings over six (6) storeys• 29 October 2010• Advertising completedPage 106

PLANNING COMMITTEE MINUTES 25 JULY 2011• 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• ProposalDescription• 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• Currently advertising• 67-69 High Street, Preston• Cazaly• D79/2011• Construction <strong>of</strong> a mixed use developmentcontaining 85 dwellings and four (4) shops withinan 11 storey building• 21 February 2011• Request for fur<strong>the</strong>r information sent• 7 Warrs Avenue, Preston• Cazaly• D112/2011• Construction <strong>of</strong> a six (6) storey buildingcontaining 42 dwellings• 25 February 2011• Notice <strong>of</strong> Decision to Grant a Planning Permitissued• 55Tyler Street, Preston• Cazaly• D113/2011• Construction <strong>of</strong> a two (2) storey buildingcontaining classrooms.• 1 March 2011• Initial assessment• 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 storeysPage 107

PLANNING COMMITTEE MINUTES 25 JULY 2011• 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• Address• Ward• 23 March 2011• Request for fur<strong>the</strong>r information sent• 264-266 Raglan Street, Preston• Cazaly• D179/2011• Construction <strong>of</strong> a mixed use developmentcontaining 77 dwellings and a shop within aseven (7) storey building• 24 March 2011• Planning Permit issued• 314-326 Gooch Street, Thornbury• Rucker• D213/2011• Construction <strong>of</strong> a residential developmentcontaining 63 dwellings and removal <strong>of</strong> nativevegetations• 5 April 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• Initial assessment• 10 Clinch Avenue, Preston• Cazaly• D251/2011• Construction <strong>of</strong> a multi level residentialdevelopment containing 95 dwellings• 14 April 2011• Initial assessment• 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 2011• Initial assessment• 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• Currently advertising• 600-606 Plenty Road, Preston• CazalyPage 108

PLANNING COMMITTEE MINUTES 25 JULY 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• Status• D320/2011• Construction <strong>of</strong> a five (5) level residentialdevelopment containing 50 dwellings• 6 May 2011• Initial assessment• 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• Request for fur<strong>the</strong>r information sent• 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• Initial assessment• 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• Initial assessment• 22-30 Chifley Drive, Preston• Cazaly• D460/2011• Construction <strong>of</strong> a building for warehousing• 16 June 2011• Initial assessment• 56-58 St Georges Road, Northcote• Rucker• D481/2011• Construction <strong>of</strong> a mixed use developmentcontaining 35 dwellings and two (2) ground floorshops within a six (6) level building• 23 June 2011• Awaiting initial assessmentPage 109

PLANNING COMMITTEE MINUTES 25 JULY 2011COMMITTEE DECISIONMOVED:SECONDED:Cr. N. KatsisCr. S. TsitasTHAT <strong>the</strong> Significant Applications Update be noted.CARRIEDPage 110

PLANNING COMMITTEE MINUTES 25 JULY 20117. CLOSE OF MEETINGThe <strong>meeting</strong> closed at 6.08pm.Page 111