Planning Permit Application 14 Messmate Road, Kilcunda

PLANNING PERMIT APPLICATION 14 MESSMATE ROAD, KILCUNDA

APPLICATION FOR A 2 LOT SUBDIVISION

APPLICANT C, L, B & J HAMS

JANUARY 2020

BROSNAN ENGINEERING SOLUTIONS PTY LTD 48 McBRIDE AVENUE (PO BOX 865) WONTHAGGI VIC 3995 P 03 5672 5777 E [email protected] PLANNING PERMIT APPLICATION ■ 34 MCRAE DRIVE, DALYSTON ■ JANUARY 2020

TABLE OF CONTENTS 1. INTRODUCTION ...... 3 2. SITE & SURROUNDS...... 3 2.1 SUBJECT SITE ...... 3 2.2 SURROUNDING AREA ...... 3 3. THE PROPOSAL ...... 4 4. PLANNING CONTROLS ...... 4 4.1 ZONING AND OVERLAYS ...... 4 5. PLANNING CONSIDERATIONS ...... 5 5.1 CLAUSE 56 OF THE BASS COAST PLANNING SCHEME ...... 5 6. CONCLUSION ...... 9

ATTACHEMENTS

ATTACHMENT A CERTIFICATE OF TITLE

ATTACHMENT B PROPOSED SUBDIVISION PLAN

ATTACHMENT C ZONING & OVERLAY PLAN

ATTACHMENT D SITE ANALYSIS PLAN

BROSNAN ENGINEERING SOLUTIONS PTY LTD ■Page 2 of 9

PLANNING PERMIT APPLICATION ■ 34 MCRAE DRIVE, DALYSTON ■ JANUARY 2020

1. INTRODUCTION

Our client B,L,C & J Hams has engaged Brosnan Engineering Solutions Pty Ltd to making an application to Bass Coast Shire Council for planning approval to subdivide land at 34 McRae Drive, Dalyston into two (2) lots.

This report provides an assessment of the proposal having regard to the provisions of the Bass Coast Shire Council Planning Scheme.

2. SITE & SURROUNDS

2.1 SUBJECT SITE

The subject site is located at 34 McRae Drive, Dalyston and is more particularly described as Lot 1 on TP 545826.

The title to the land does not contain any restrictive covenants. A copy of the certificate of title is contained in Attachment A .

The site is approximately rectangular in shape with the north boundary fronting McCauley View measuring 29.7 meters. The southern boundary measures 32.7 meters. The east boundary measures 16 meters and fronts McRae Drive. The total area of the site measures approximately 617m2.

The site is a vacant lot.

Access to the site is obtained via McRae Drive and McCauley View.

2.2 SURROUNDING AREA

The allotment is located within Stage 5 of the Cloverdale Estate which has recently completed construction. The surrounding stages has seen the construction of new dwellings and a subdivision of an existing allotment in Stage 2 has been approved to create lots of a comparable size.

McRae Drive and McCauley View is a new estate with sealed roads and kerb and channel, underground drainage, footpath and concrete crossovers.

BROSNAN ENGINEERING SOLUTIONS PTY LTD ■Page 3 of 9

PLANNING PERMIT APPLICATION ■ 34 MCRAE DRIVE, DALYSTON ■ JANUARY 2020

3. THE PROPOSAL

It is proposed to subdivide the subject land into 2 lots in stages generally in accordance with the Proposed Plan of Subdivision.

A plan of the proposed subdivision is attached in Attachment B.

4. PLANNING CONTROLS

4.1 ZONING AND OVERLAYS

The subject land is in a Township Zone (TZ) under the Bass Coast Planning Scheme. An extract of the zoning map for the subject land and surrounding area forms Attachment D.

The purpose of the Township Zone is:

. To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

. To provide for residential development and a range of commercial, industrial and other uses in small towns.

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

. To implement neighbourhood character policy and adopted neighbourhood character guidelines.

. To allow educational, recreational, religious, community and a limited range of other non residential uses to serve local community needs in appropriate locations.

In accordance with Clause 32.05-4, a permit is required to subdivide land.

An application for subdivision must also meet the requirements of Clause 56 of the Scheme.

BROSNAN ENGINEERING SOLUTIONS PTY LTD ■Page 4 of 9

PLANNING PERMIT APPLICATION ■ 34 MCRAE DRIVE, DALYSTON ■ JANUARY 2020

5. PLANNING CONSIDERATIONS

5.1 CLAUSE 56 OF THE BASS COAST PLANNING SCHEME

In accordance with Clause 56 of the Bass Coast Planning Scheme, an application to subdivide land must be accompanied by an assessment of how the proposed lot design meets the objectives of Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5 and 56.06-8 to 56.09-2.

The following analysis against the objectives of Clause 56 is provided.

OBJECTIVE DESIGN RESPONSE

56.03-5 Neighbourhood Character Objective To design subdivisions that It is considered that the proposed subdivision design has respond to neighbourhood appropriate regard for the existing neighbourhood character. A character two (2) lot subdivision has been approved on an allotment created in Stage 2 of this development to create lots of a similar Standard C6 size to those proposed in this application Subdivision should: . Respect the existing neighbourhood character or achieve a preferred neighbourhood character consistent with any relevant neighbourhood character objective, policy or statement set out in this scheme. . Respond to and integrate with the surrounding urban environment. . Protect significant vegetation and site features. 56.04-2 Lot area and building envelopes objective To provide lot with areas and The proposed new allotments have adequate space for this dimensions that enable the requirement. appropriate siting and construction of a dwelling, solar access, private open space, vehicle access and parking, water management, easements and the retention of significant vegetation and site features.

BROSNAN ENGINEERING SOLUTIONS PTY LTD ■Page 5 of 9

PLANNING PERMIT APPLICATION ■ 34 MCRAE DRIVE, DALYSTON ■ JANUARY 2020

OBJECTIVE DESIGN RESPONSE

56.04-3 Solar orientation of lots objective To provide good solar orientation The open space area for both lots is north facing and the of lots and solar access for future proposed layout provides north solar access for future dwellings dwellings.

56.04-5 Common area objectives To identify common areas and the No common property is proposed for the subdivision purpose for which the area is commonly held. To ensure the provision of common area is appropriate and that necessary management arrangements are in place. To maintain direct public access throughout the neighbourhood street network. 56.06-8 Lot access objective To provide for safe vehicles access A new crossover is to be constructed for Lot 1 to the between roads and lots satisfaction of Bass Coast Shire Council 56.07-1 Drinking water supply objectives To reduce the use of drinking The site is supplied with a reticulated water supply. The water. requirements of Westernport Water Corporation will be complied with. To provide an adequate, cost- effective supply of drinking water. Standard C22 The supply of drinking water must be: . Designed and constructed in accordance with the requirements and to the satisfaction of the relevant water authority. . Provided to the boundary of all lots in the subdivision to the satisfaction of the relevant water authority.

BROSNAN ENGINEERING SOLUTIONS PTY LTD ■Page 6 of 9

PLANNING PERMIT APPLICATION ■ 34 MCRAE DRIVE, DALYSTON ■ JANUARY 2020

OBJECTIVE DESIGN RESPONSE

56.07-2 Reused and recycled water objective To provide for the substitution of There is sufficient room on site to capture and reuse either drinking water for non-drinking stormwater or grey water. The requirements of Westernport purposes with reused and recycled Water Corporation will be complied with. water. Standard C23 Reused and recycled water supply systems must be: . Designed, constructed and managed in accordance with the requirements and to the satisfaction of the relevant water authority, Environment Protection Authority and Department of Human Services. . Provided to the boundary of all lots in the subdivision where required by the relevant water authority. 56.07-3 Waste water management objective To provide a waste water system The existing allotment will be connected to the reticulated that is adequate for the sewer network. The requirements of Westernport Water maintenance of public health and Corporation will be complied with. the management of effluent in an environmentally friendly manner.

Standard C24

Waste water systems must be: . Designed, constructed and managed in accordance with the requirements and to the satisfaction of the relevant water authority and the Environment Protection Authority.

. Consistent with any relevant approved domestic waste water management plan.

BROSNAN ENGINEERING SOLUTIONS PTY LTD ■Page 7 of 9

PLANNING PERMIT APPLICATION ■ 34 MCRAE DRIVE, DALYSTON ■ JANUARY 2020

OBJECTIVE DESIGN RESPONSE

56.07-4- Urban run-off management objectives To minimise damage to properties As per the previous 2 lot subdivision undertaken in the Stage 2 and inconvenience to residents of the Cloverdale Estate no detention will be required from urban run-off.

To ensure that the street operates adequately during major storm events and provides for public safety. To minimise increases in stormwater run-off and protect the environmental values and physical characteristics of receiving waters from degradation by urban run-off. 56.08-1 Site management objectives To protect drainage infrastructure The subdivision will require minimal works to allow the creation and receiving waters from of the additional allotment. sedimentation and contamination. To minimise the environmental impact of the subdivision all To protect the site and works shall be undertaken in accordance with EPA Publication surrounding area from 275 Construction Techniques for Sediment Pollution Control environmental degradation or (1991). nuisance prior to and during construction of subdivision works. To encourage the re-use of materials from the site and recycled materials in the construction of subdivisions where practicable.

56.09-1 Shared trenching objectives To maximise the opportunities for Not applicable to a subdivision of this size shared trenching. To minimise constraints on landscaping within street reserves. 56.09-2 Electricity, telecommunications and gas objectives To provide public utilities to each Each lot will be provided with reticulated electricity, sewer, lot in a timely, efficient and cost telecommunications and water. effective manner. To reduce greenhouse gas emissions by supporting generation and use of electricity from renewable sources.

BROSNAN ENGINEERING SOLUTIONS PTY LTD ■Page 8 of 9

PLANNING PERMIT APPLICATION ■ 34 MCRAE DRIVE, DALYSTON ■ JANUARY 2020

6. CONCLUSION

The proposal is supported by the objectives and strategies of both the State and Local Planning Policy Frameworks of the Bass Coast Planning Scheme, which seek to encourage urban consolidation in order to restrict expansion into surrounding rural land.

The subdivision meets the objectives and standards specified under Clause 56 of the Bass Coast Shire Planning Scheme.

In conclusion, it is considered that the subdivision design is appropriate for the subject site and compatible with the use and development of the surrounding land.

BROSNAN ENGINEERING SOLUTIONS PTY LTD ■Page 9 of 9

ATTACHMENT A CERTIFICATE OF TITLE

Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

REGISTER SEARCH STATEMENT (Title Search) Transfer of Page 1 of 2 Land Act 1958 VOLUME 12150 FOLIO 607 Security no : 124079801018R Produced 17/10/2019 02:59 PM

LAND DESCRIPTION

Lot 45 on Plan of Subdivision 823717N. PARENT TITLES : Volume 12047 Folio 116 Volume 12079 Folio 731 Created by instrument PS823717N 19/09/2019

REGISTERED PROPRIETOR

Estate Fee Simple TENANTS IN COMMON As to 1 of a total of 4 equal undivided shares Sole Proprietor LINDA FRANCES HAMS of 12 PAPERBARK PLACE INVERLOCH VIC 3996 As to 1 of a total of 4 equal undivided shares Sole Proprietor BENJAMIN LUKE HAMS of 18 EPSOM STREET SOUTH DUDLEY VIC 3995 As to 1 of a total of 4 equal undivided shares Sole Proprietor CRAIG ANDREW HAMS of 12 PAPERBARK PLACE INVERLOCH VIC 3996 As to 1 of a total of 4 equal undivided shares Sole Proprietor JESSE LEE HAMS of 18 EPSOM STREET SOUTH DUDLEY VIC 3995 AS588345D 04/10/2019

ENCUMBRANCES, CAVEATS AND NOTICES

COVENANT AS588345D 04/10/2019

Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below.

AGREEMENT Section 173 Planning and Environment Act 1987 AH801579P 22/02/2011

AGREEMENT Section 173 Planning and Environment Act 1987 AJ775515Q 04/07/2012

DIAGRAM LOCATION

SEE PS823717N FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NUMBER STATUS DATE PS823717N (S) PLAN OF SUBDIVISION Registered 19/09/2019 AS580331J (E) CONV PCT & NOM ECT TO LC Completed 01/10/2019 AS588345D (E) TRANSFER Registered 07/10/2019

------END OF REGISTER SEARCH STATEMENT------

Additional information: (not part of the Register Search Statement)

Title 12150/607 Page 1 of 2 Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

REGISTER SEARCH STATEMENT (Title Search) Transfer of Page 2 of 2 Land Act 1958 Street Address: 34 MCRAE DRIVE DALYSTON VIC 3992

DOCUMENT END

Title 12150/607 Page 2 of 2 Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Land Use Victoria.

Document Type Plan Document Identification PS823717N Number of Pages 3 (excluding this cover sheet)

Document Assembled 17/10/2019 14:26

Copyright and disclaimer notice: © State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA® System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

ATTACHMENT B PROPOSED SUBDIVISION PLAN

ATTACHMENT C ZONING & OVERLAY PLAN

PLANNING PROPERTY REPORT

From www.planning.vic.gov.au on 17 January 2020 10:49 AM

PROPERTY DETAILS Lot and Plan Number: Lot 45 PS823717 Address: MCCRAE DRIVE DALYSTON 3992 Standard Parcel Identifier (SPI): 45\PS823717 Local Government Area (Council): BASS COAST www.basscoast.vic.gov.au Council Property Number: N/A (Part) Planning Scheme: Bass Coast planning-schemes.delwp.vic.gov.au/schemes/basscoast Directory Reference: VicRoads 102 B2 This parcel is one of 25 parcels comprising the property. For full parcel details get the free Basic Property report at Property Reports

UTILITIES STATE ELECTORATES Rural Water Corporation: Southern Rural Water Legislative Council: EASTERN VICTORIA Urban Water Corporation: Westernport Water Legislative Assembly: BASS Melbourne Water: outside drainage boundary Power Distributor: AUSNET

Planning Zones

TOWNSHIP ZONE (TZ) SCHEDULE TO THE TOWNSHIP ZONE (TZ)

FZ - Farming TZ - Township Note: labels for zones may appear outside the actual zone - please compare the labels with the legend.

Copyright © - State Government of Victoria Disclaimer: This content is provided for information purposes only. No claim is made as to the accuracy or authenticity of the content. The Victorian Government does not accept any liability to any person for the information provided. Read the full disclaimer at www.land.vic.gov.au/home/copyright-and-disclaimer Notwithstanding this disclaimer, a vendor may rely on the information in this report for the purpose of a statement that land is in a bushfire prone area as required by section 32C (b) of the Sale of Land 1962 (Vic). PLANNING PROPERTY REPORT: Lot 45 PS823717 Page 1 of 3 PLANNING PROPERTY REPORT

Planning Overlay

None affecting this land

Note: due to overlaps, some overlays may not be visible, and some colours may not match those in the legend.

Further Planning Information

Planning scheme data last updated on 15 January 2020. A planning scheme sets out policies and requirements for the use, development and protection of land. This report provides information about the zone and overlay provisions that apply to the selected land. Information about the State and local policy, particular, general and operational provisions of the local planning scheme that may affect the use of this land can be obtained by contacting the local council or by visiting https://www.planning.vic.gov.au This report is NOT a Planning Certificate issued pursuant to Section 199 of the Planning and Environment Act 1987. It does not include information about exhibited planning scheme amendments, or zonings that may abut the land. To obtain a Planning Certificate go to Titles and Property Certificates at Landata - https://www.landata.vic.gov.au For details of surrounding properties, use this service to get the Reports for properties of interest. To view planning zones, overlay and heritage information in an interactive format visit http://mapshare.maps.vic.gov.au/vicplan For other information about planning in Victoria visit https://www.planning.vic.gov.au

Designated Bushfire Prone Area

This parcel is not in a designated bushfire prone area. No special bushfire construction requirements apply. Planning provisions may apply.

Designated Bushfire Prone Area

Designated bushfire prone areas as determined by the Minister for Planning are in effect from 8 September 2011 and amended from time to time. The Building Regulations 2018 through application of the Building Code of Australia, apply bushfire protection standards for building works in designated bushfire prone areas. Designated bushfire prone areas maps can be viewed on VicPlan at http://mapshare.maps.vic.gov.au/vicplan or at the relevant local council. Note: prior to 8 September 2011, the whole of Victoria was designated as bushfire prone area for the purposes of the building control system. Further information about the building control system and building in bushfire prone areas can be found on the Victorian Building Authority website www.vba.vic.gov.au Copies of the Building Act and Building Regulations are available from www.legislation.vic.gov.au For Planning Scheme Provisions in bushfire areas visit https://www.planning.vic.gov.au

ATTACHMENT D SITE ANALYSIS PLAN