Minutes of the Planning Committee Meeting

MINUTES OF THE PLANNING COMMITTEE MEETING

HELD ON

12 DECEMBER 2011

RELEASED TO THE PUBLIC ON THURSDAY 15 DECEMBER 2011

PLANNING COMMITTEE MINUTES 12 DECEMBER 2011 Table of Contents

1. PRESENT...... 1 2. APOLOGIES ...... 1 3. DISCLOSURES OF CONFLICTS OF INTEREST ...... 1 4. CONFIRMATION OF MINUTES OF THE PLANNING COMMITTEE...... 2 5. CONSIDERATION OF REPORTS...... 3 5.1 APPLICATION FOR PLANNING PERMIT D/271/2011 17 Pershing Street, Reservoir ...... 3 5.2 APPLICATION FOR PLANNING PERMIT D/319/2011 445 - 453 High Street and 1 - 13 Beavers Road, Northcote ...... 22 5.3 APPLICATION FOR PLANNING PERMIT D/883/2010 19 Fulham Road, Alphington...... 40 5.4 APPLICATION FOR PLANNING PERMIT D/776/2010 1/62 Oakover Road, Preston...... 61 5.5 APPLICATION FOR PLANNING PERMIT D/726/2011 3-5 Broughton Avenue, Reservoir...... 86 5.6 APPLICATION FOR PLANNING PERMIT D/567/2011 1 Curzon Street, Reservoir...... 100 5.7 APPLICATION FOR PLANNING PERMIT D/249/2011 60 Ethel Street, Thornbury...... 107 5.8 APPLICATION FOR PLANNING PERMIT D/53/2011 5 Harold Street, Preston...... 126 5.9 APPLICATION FOR PLANNING PERMIT D/565/2011 112 Collins Street, Thornbury ...... 141 5.10 APPLICATION FOR PLANNING PERMIT D/661/2011 208 Arthur Street, Fairfield ...... 161 5.11 APPLICATION FOR PLANNING PERMIT D/807/2011 31-33 Comas Grove and 2A Hill Street, Thornbury ...... 183 5.12 APPLICATION FOR PLANNING PERMIT D/481/2011 56-58 St Georges Road, Northcote...... 218 5.13 APPLICATION FOR PLANNING PERMIT D/865/2011 421-433 High Street and 1 Bent Street, Northcote ...... 245 6. OTHER BUSINESS...... 276 6.1 List of Scheduled VCAT Appeals...... 276 6.2 Significant Applications Update...... 294 7. CLOSE OF MEETING...... 299

PLANNING COMMITTEE MINUTES 12 DECEMBER 2011 MINUTES OF THE MEETING OF THE PLANNING COMMITTEE OF DAREBIN CITY COUNCIL HELD AT DAREBIN CIVIC CENTRE ON 12 DECEMBER 2011

THE MEETING COMMENCED AT 5.30 PM

1. PRESENT

Councillors

Cr Diana Asmar (Chairperson) Cr Stanley Chiang Cr Vince Fontana Cr Nick Katsis Cr Ben Morgan

Council Officers

Rasiah Dev – Chief Executive (5.31pm) Michael Ballock – Director City Works and Development Darren Rudd – Manager City Development Cristen Sullivan – Coordinator Statutory Planning Ron Downes – Council Business Coordinator

2. APOLOGIES

Nil.

3. DISCLOSURES OF CONFLICTS OF INTEREST

The Chairperson, Cr. Asmar, disclosed a conflict of interest in Report No. 5.13 (Application for Planning Permit D/865/2011 - 421-433 High Street and 1 Bent Street, Northcote) – see Page 245. Cr. Fontana disclosed a conflict of interest in Report No. 5.8 (Application for Planning Permit D/53/2011 - 5 Harold Street, Northcote) – see page 126 and Report No. 5.12 (Application for Planning Permit D/481/2011 – 56-58 St Georges Road, Northcote) – see Page 218. The Chairperson, Cr. Asmar, also read to the meeting the following statement she had received from Cr. Laurence in relation to Report No. 5.10 (Application for Planning Permit D/661/2011 - 208 Arthur Street, Fairfield):

“Cr. Laurence, although not a member of the Planning Committee, has asked me to place on the record the fact that the property at 208 Arthur Street Fairfield was owned by a direct relative of his until recently, when it was sold to the current owner. Cr. Laurence also asked me to record that he has not been involved in the current application for the site and has not had any discussions with members of the Committee regarding the application.”

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4. CONFIRMATION OF MINUTES OF THE PLANNING COMMITTEE

COMMITTEE DECISION

MOVED: Cr. N. Katsis SECONDED: Cr. V. Fontana

THAT the Minutes of the Planning Committee meeting held on 28 November 2011 be confirmed as a correct record of business transacted.

CARRIED

(The Chief Executive, Rasiah Dev, entered the meeting – 5.31pm)

PROCEDURAL MOTION

MOVED: Cr. N. Katsis SECONDED: Cr. B. Morgan

THAT Report No. 5.9 (Application for Planning Permit D/565/2011 - 112 Collins Street Thornbury be the first item dealt with by the Planning Committee.

CARRIED

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5. CONSIDERATION OF REPORTS

5.1 APPLICATION FOR PLANNING PERMIT D/271/2011 17 Pershing Street, Reservoir

AUTHOR: Senior Statutory Planner – Alex Harrison

DIRECTOR: Director City Works and Development – Michael Ballock

OWNER/APPLICANT/CONSULTANT:

Applicant: Architectural Plans and Permits 2/387 Station Street THORNBURY VIC 3071

Owner: Nick Katsikis Jodani Homes PO BOX 2402 LOWER TEMPLESTOWE VIC 3107

Consultant: Peter Rujanoski Architectural Plans and Permits 2/387 Station Street THORNBURY VIC 3071

SUMMARY: • Four (4) double storey dwellings and one (1) single storey dwelling. • All dwellings will have two (2) bedrooms. • One (1) car space for Dwellings 1 to 4. • One (1) garage for Dwelling 5. • The Certificate of Title indicates that no restrictive covenant applies to the land. • Recommendation – Notice of Decision to Grant a Planning Permit subject to Conditions.

CONSULTATION: • Notice of the application was given by posting a sign on the land and mailing of notices to affected properties. • Nine (9) objections were received against the application. • A consultation meeting was not held. • The application has been referred internally to the Capital Works Unit, Transport Management and Planning Unit and Public Realm Unit. • There were no external referrals.

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RECOMMENDATION

THAT Planning Permit Application D271/2011 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application (Proposed Site and Ground Floor Plans Sheet A1, Proposed Site and First Floor Plans Sheet A2 and Proposed Elevations Sheet A3 all prepared by Architectural Plans and Permits dated 19/4/2011) but modified to show: a) Dwellings 2 and 3 with at least 40m2 in total private open space with an area of 25m 2 consisting of a 3m minimum. This must be achieved with no decrease to any setback and may result in a loss of floor area to Dwellings 2 and 3. Dimensions must be shown on plan. b) A notation on plan that states the west facing first floor bedroom 1 window of Dwelling 2 be screened with fixed obscure glazing to 1.7m above the finished floor level’. c) A notation on plan that states ‘the west facing first floor windows of Bedrooms 2 to Dwellings 3 and 4 be screened with fixed obscure glazing to 1.7m above the finished floor levels’. d) A notation on plan that states the south facing first floor window of Bedroom 2 to Dwelling 3 and north facing first floor window of bedroom 2 to Dwelling 2 be screened with fixed obscure glazing to 1.7m above the finished floor levels’. e) A notation that states the east facing first floor window of Bedroom 2 to Dwelling 2 and east facing first floor windows of Bedroom 1 to both Dwellings 3 and 4 be screened with fixed obscure glazing to 1.7m above the finished floor levels’. f) Five (5) suitable small to medium canopy trees (advance specimens). These trees are to be a minimum of 1.5m high with a minimum pot size of 45 litres at the time of installation. g) Tree Protection Zone (TPZ) of 4m from the trunk of the nature strip tree within the confines of the nature strip directly north of proposed Dwelling 1. The tree protection zone and the method of tree protection must be clearly annotated on the plan, in accordance with Condition 8 of this Permit. h) Relocation of the shed and clothes line to Dwelling 5 to the south-east corner of the site. i) A landscape plan in accordance with Condition No. 5 of this Permit.

When approved, the plans will be endorsed and form part of this Permit.

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

3. This Permit will expire if either: • The development does not start within three (3) years from the date of this Permit; or

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• The development is not completed within five (5) years of the date of this Permit. The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date.

5. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and must incorporate: a) Details of all existing trees to be retained and all existing trees to be removed, including overhanging trees on adjoining properties. The genus, species, height and spread of all trees must be specified b) Five (5) suitable small to medium canopy trees (advance specimens). These trees are to be a minimum of 1.5m high with a minimum pot size of 45 litres at the time of installation c) Tree Protection Zone (TPZ) of 4m from the trunk of the nature strip tree within the confines of the nature strip directly north of proposed Dwelling 1. The tree protection zone and the method of tree protection must be clearly annotated on the plan, in accordance with Condition 8 of this Permit d) A planting schedule of proposed vegetation detailing the botanical name, common name, size at maturity and quantities of all plants e) Details of all surfaces including lawns, mulched garden beds and hard paving (such as asphalt, concrete, brick or gravel) f) Street trees within the nature strip/s adjacent to the property g) All constructed items including retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting, clotheslines etc h) Edge treatment between grass (lawn) and garden beds i) An outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the subject site must also be shown j) The location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided k) Clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers l) A scale, North Point and appropriate legend. The species of all proposed plants selected must be to the satisfaction of the Responsible Authority.

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6. The landscaping as shown on the endorsed Landscape Plan must be completed to the satisfaction of the Responsible Authority before the development is occupied and/or the use starts or at such later date as is approved by the Responsible Authority in writing. No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed.

8. Before buildings and works (including demolition) start, a tree protection fence must be erected in the following position to define a ‘tree protection zone’:

• 4m from the trunk of the nature strip tree within the confines of the nature strip directly north of proposed Dwelling 1 as per Australian Standard AS4970 - 2009: Protection of trees on development sites. This fence must be constructed of star pickets and chain mesh (or similar) to the satisfaction of the Responsible Authority.

Any construction work in this zone must be no dig to ensure the tree remains in good health.

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 the tree protection zone.

No storage or dumping of tools, equipment or waste is to occur within the tree protection zones.

The ground surface of the tree protection zone must be covered by a protective 100mm deep layer of mulch prior to the development commencing and be watered regularly to the satisfaction of the Responsible Authority.

9. Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority.

10. All dwellings that share dividing walls and/or floors must be constructed to limit noise transmission in accordance with Part F(5) of the Building Code of Australia.

11. Before the dwellings are occupied, an automatic external lighting system capable of illuminating the entry to each unit, access to each garage and car parking space and all pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority.

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The external lighting must be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority.

12. Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

13. The land must be drained to the satisfaction of the Responsible Authority.

14. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.

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

16. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority.

17. Before occupation of the development, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be: a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced with an all weather sealcoat; and d) Drained to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

18. Before the development is occupied, vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.

REPORT

ISSUES AND DISCUSSION

Subject site and surrounding area: • The site has a 15.24m frontage to Pershing Street and a total depth of 54.86m with a total site area of approximately 919.98m 2. • Located on the south side of the Pershing Street and approximately 44m to the west from the Crispe and Pershing Street intersection in Reservoir. • A single storey red brick dwelling is situated on the lot.

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• To the north across Pershing Street is a single storey brick dwelling with a tiled roof. • To the west is a single storey brick dwelling with a tiled roof. • To the south of the subject site is the rear yard of a dwelling that faces Beatty Street. • To the east is the rear yard of a single storey brick dwelling with a tiled roof that faces Crispe Street. • Public Open space is located approximately 780m (walking distance) to the north (Crispe Park), approximately 630m (walking distance) to the south (J.S Grey reserve) and approximately 450m (walking distance) to the south-east of the subject site. • Public Transport being in the form of bus routes are located within 150m to the west of the subject site on Gilbert Road with Regent Railway Station being located within 950m to the east.

Proposal • Construction of four (4) double storey dwellings and one (1) single storey dwelling. • All dwellings will have two (2) bedrooms. • One (1) car space for Dwellings 1 to 4. • One (1) garage for Dwelling 5. • Traditional roof forms (ie. hipped) coupled with face brick and light weight cladding with render finish will be utilised.

OBJECTIONS • Nine (9) objections were received.

Objections summarised • Overdevelopment of site (ie. scale and number of dwellings) • Create precedent for higher density on lots within street than what currently exists • Loss of amenity for entire neighbourhood • Detrimental visual bulk for streetscape and surrounding area (ie. roof lines of Dwellings 2 and 3 nearly touching) • Lacks green areas and open space for tenants which will limit their social environment and create environmental concerns • Potential for ‘ghetto type living’ with poor maintenance and dirty appearance • Encourage anti social behaviour • Lack of on site car parking • Traffic problems, ie. congestion in street, safety issues and lack of parking for visitors • Vehicle entrance too small • Will attract ‘transient type of tenant’ leaving unwanted household items on nature strip • Pollution (ie. noise and dust) from construction process

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• Privacy concerns • Overshadowing and impact on natural light to neighbouring habitable rooms on adjoining lots • Uncharacteristic within streetscape (ie. materials and built form) • Council is unsympathetic to residents • Inaccessibility of advertised plans (only available at Council offices) which had no street number • Detract from calm and peaceful neighbourhood environment • Proposal would result in an increase in bin numbers on rubbish day • Preference would be for dual occupancy or two single storey dwellings • Proposed driveway is too close to bedroom windows on adjoining lots • Development is not good for community • Concerns about construction relating to the removal of asbestos and effect on nearby properties • Close proximity of units will hinder lifestyle, movement and create possible safety concerns within nearby dwellings • Devalue nearby properties • Not sound, strategic and coordinated planning.

Officer comment on summarised objections

1. Car parking / Traffic concerns • Lack of on site car parking. • Traffic problems, ie. congestion in street, safety issues and lack of parking for visitors. • Vehicle entrance too small. • Proposed driveway is too close to bedroom windows on adjoining lots. • The proposal provides for off street parking in the form of a garage or parking space for each dwelling and a visitor space which meets the requirements of the Darebin Planning Scheme. • Concerns relating to an increase in vehicles due to visitors and an increased number of cars per household (other than one for each dwelling in accordance with the scheme requirements) are in effect hypothetical and cannot be considered by Council with regard to the assessment of this proposal. • Council is of the belief that a net gain of four dwellings to this area will not significantly exacerbate any traffic or parking problems. Yes visitors may park on Pershing Street but unless there are parking restrictions (permit parking, etc) then anyone has the right to do so. • The 3m wide vehicle entrance complies with Standard B14 of Clause 55 of the Darebin Planning Scheme where access ways should be at least 3m wide.

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• It is not uncommon for driveways to be situated opposite bedroom windows on adjoining lots. • Council’s Transport Management and Planning Unit had no objection to the proposal.

2. Character of area concerns • Overdevelopment of site (ie. scale and number of dwellings). • Create precedent for higher density on lots within street than what currently exists. • Detrimental visual bulk for streetscape and surrounding area (ie. roof lines of Dwellings 2 and 3 nearly touching). • Uncharacteristic within streetscape (ie. materials and built form). • Preference would be for dual occupancy or two single storey dwellings. • The proposal has been satisfactorily assessed against the relevant neighbourhood design guidelines (earlier in report). An appropriate front setback to Pershing Street has been provided and upper storeys satisfactorily setback from front and side boundaries. Although not replicating the existing housing stock the proposal does nevertheless incorporate building forms and materials that are commonplace in the immediate area. • The proposal is in line with State Government planning policies in which the development of sites within established urban environments in proximity to existing urban infrastructure is encouraged.

3. Amenity concerns • Loss of amenity for entire neighbourhood. • Privacy concerns. • Overshadowing and impact on natural light to neighbouring habitable rooms on adjoining lots. • Pollution (ie. noise and dust) from construction process. • Potential for ‘ghetto type living’ with poor maintenance and dirty appearance. • Encourage anti social behaviour. • Detract from calm and peaceful neighbourhood environment. • Will attract ‘transient type of tenant’ leaving unwanted household items on nature strip. • Development is not good for community. • Proposal would result in an increase in bin numbers on rubbish day. • Lacks green areas and open space for tenants which will limit their social environment and create environmental concerns. • Concerns about construction relating to the removal of asbestos and effect on nearby properties.

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• Close proximity of units will hinder lifestyle, movement and create possible safety concerns within nearby dwellings. • Devalue nearby properties. • The proposal has been assessed against Clause 55 of the Darebin Planning Scheme with regard to amenity concerns such as Overlooking (Standard B22), Overshadowing (Standard B21), Daylight to existing windows (Standard B19), Walls on boundaries (Standard B18) and Side and Rear Setbacks (Standard B17) and complies with the standard and/or objective of these standards with only one of these standards requiring conditions on permit - Overlooking (Standard B22). • The behaviour of future occupants whether they are owners or tenants is not able to be considered under the provisions of the Planning and Environment Act, 1987 or Darebin Planning Scheme. • The proposal is in line with State Government planning policies in which the development of sites within established urban environments in proximity to existing urban infrastructure is encouraged to cater for an increase in population. This will assist in lessening the need for new infrastructure and services. • The development has the potential to create less emissions than development in new areas on the fringe of Melbourne given the lack of public transport and greater reliance on car usage in these outer areas. • The dwellings will incorporate environmentally sustainable principles such as water tanks, external operable shade devices (subject to condition) and solar access to open space. • The amount of private open space for each dwelling meets the requirements of Standard B28 (Private Open Space objective) of Clause 55 of the Darebin Planning Scheme subject to conditions on any approval. • The proposal will not create any extraneous noise that is uncommon to a residential area. • Concerns relating to the construction process (ie. removal of asbestos) are not able to be considered under the provisions of the Planning and Environment Act 1987, or Darebin Planning Scheme. • There are no mechanisms in the planning process to consider the devaluation of properties. • The increase in a net gain of four (4) bins will not create an undue burden on authorities for the collection of rubbish.

4. Process concerns • Council is unsympathetic to residents. • Inaccessibility of advertised plans (only available at Council offices) which had no street number. • Not sound, strategic and coordinated planning. • The proposal has been objectively assessed against the relevant Local and State planning policies.

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• The application was advertised to adjoining property owners via letters and a sign posted on the site in accordance with the requirements of the Planning and Environment Act 1987. The advertised plans clearly state 17 Pershing Street Reservoir. • The proposal accords with established state and local planning policies which seeks to increase housing densities in established areas.

PLANNING ASSESSMENT

NEIGHBOURHOOD CHARACTER PRECINCT (F9) GUIDELINE ASSESSMENT • The site provides adequate setbacks for the planting of canopy trees and landscaping. • A detailed landscape plan will be required as a condition of any approval. • A front garden has been provided to Dwelling 1. • Car parking structures have been designed in such a way that they will not dominate the streetscape or facades of the dwellings. • Substantial space for landscaping has been achieved. • There is no car parking structures in the front setback. • The proposed dwellings to Pershing Street incorporate traditional roof forms together with traditional door proportions and materials in order to respect existing forms within Pershing Street. • The upper level of Dwelling 1 has been recessed from the ground floor in order to respect single dwelling forms within the street. It is also pertinent to note that there is double storey form immediately to the east of this proposed dwelling. • All upper floors have been setback from side boundaries in excess of 3.8m with the majority being setback in excess of 4.1m coupled with the rear dwelling being single storey in order to respect the rear yards of adjoining properties. • The site is not located proximate to the creek environs. • The proposal will result in an outcome that presents as one double storey dwelling to Pershing Street. This dwelling has been adequately setback from front and side boundaries in order to respect setback character within the streetscape. • Although not replicating the existing dwellings within the immediate area the proposal will nevertheless provide for an outcome that is generally respectful of the existing area through the use of a fairly traditional built form and materials that are commonplace within this area. This includes using face brick, adequate setbacks and hipped roof forms. • The proposal will maintain the openness of the streetscape with views to the proposed dwellings given a front fence to Pershing Street is not proposed.

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CLAUSE 55 ASSESSMENT

• The proposal complies with the objective and or standards of Clause 55 of the Darebin Planning Scheme.

Summary of Private Open Space

All dwellings provide adequate private open space for the reasonable recreation and service needs of residents. The amount of private open space provided for Dwellings 1, 4 and 5 comply with the requirement of this standard where 40m2 in total is required consisting of an area of 25m2 with a 3m minimum dimension.

Dwellings 2 and 3 have an area of 25m 2 with a 3m minimum dimension but fall short of the 40m2 total requirement of the standard by only 0.63m 2 when the dimensions on plan are calculated. As such a condition on permit will require that Dwellings 2 and 3 must have at least 40m 2 in total private open space with an area of 25m 2 consisting of a 3m minimum. This must be achieved with no decrease to any setback and may result in a loss of floor area to Dwellings 2 and 3.

All secluded private open space areas have direct access from a living room.

Complies subject to condition

Standard B4: Infrastructure

The development is to be located in an established area where there is adequate infrastructure. The proposal will not exceed the capacity of local infrastructure. Council’s Capital Works Unit has commented that drainage is available to the site subject to conditions.

Complies subject to condition

Standard B7: Building Height

The proposed dwellings are to have a maximum height of 6.64 metres which complies with the standard requiring a maximum height not exceeding 9.0 metres. Complies

Standard B8: Site Coverage

The area covered by buildings should not exceed a site coverage of 60%. The site coverage is approximately 41.39%. Complies

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Standard B13: Landscaping

The surrounding landscape character is generally semi mature and informal with large open spaces and spacious setbacks. The open spaces and setbacks are generally large enough to provide sufficient landscaping. A detailed landscape plan will be required as a condition of any approval, which will include the planting of five (5) canopy trees and assist in maintaining a garden character. Complies subject to condition

Standard B14: Access

Vehicle access to and from the site is safe, manageable and convenient. The number and design of the vehicle crossovers respects the neighbourhood character. The width of the existing access way fronting Pershing Street is 3m. The existing crossovers to the street, takes up 19.6% of the frontage, is acceptable given that the standard requires that no more than 40% of the frontage should be taken up by vehicle access ways.

Complies

Standard B16: Parking Provision

One car parking space or garage is provided for each two bedroom dwelling. The car parking spaces, the carports, the garaging and the accessways have appropriate dimension to enable efficient use and management. Garage dimensions of 6.0 metres length x 3.5 metres width comply with the minimum requirements of the standard. Although the required visitor space has not been provided it is considered that there is sufficient on street parking to accommodate this space, considering that the existing crossing is being utilised which means on-street parking is not reduced. Council’s Transport Management and Planning Unit had no objection to the proposal.

Complies with objective

Standard B17: Side and Rear Setbacks

All ground floor walls are setback more than 1m from their respective boundaries and less than 3.6m in height. The tallest first floor wall at approximately 5.9m requires a setback of 1.69m. All first floor walls are setback in excess of 3m from their respective boundaries.

Complies

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Standard B18: Walls on Boundaries

The west and south facing on boundary walls of the garage to Dwelling 5 are less than 10m in length with maximum heights of 2.85m with no other existing or proposed walls on boundary.

Complies

Standard B19: Daylight to Existing Windows

An area of at least 3.0 square metres with a minimum dimension of 1.0 metre clear to the sky is provided opposite all existing habitable room windows, which complies with the standard. Upper floor walls are set back at least half their height from neighbouring windows. The development allows adequate daylight to neighbouring existing habitable room windows. Complies

Standard B20: North Facing Windows

The development allows adequate solar access to neighbouring existing north facing habitable room windows. There are no north-facing habitable room windows on adjoining properties which would be affected by the proposed development in accordance with the requirements of this standard. Complies

Standard B21: Overshadowing

The proposal will not significantly overshadow properties to the west and south. At least 75% or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space of these adjoining properties will receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September.

With regard to the adjoining properties to the east these areas are not being reduced in terms of overshadowing from 9am to 2pm (5 hours). These shadows will not exceed the shadowing from the existing 1.9m high eastern boundary paling fence.

Complies

Standard B22: Overlooking

The proposed dwellings have finished floor levels less than 0.8m above natural ground level at the boundary. Existing 1.9 metre high boundary fences on the east and west boundaries, and existing 1.8 metre high fence on the southern boundary, will sufficiently limit overlooking from ground floor windows.

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A condition on permit will require a notation on plan that states the west facing first floor bedroom 1 window of Dwelling 2 be screened with fixed obscure glazing to 1.7m above the finished floor level’.

A condition on permit will require a notation on plan that states ‘the west facing first floor windows of bedrooms 2 to Dwellings 3 and 4 be screened with fixed obscure glazing to 1.7m above the finished floor levels’.

A condition on permit will require a notation on plan that states the south facing first floor window of bedroom 2 to Dwelling 3 and north facing first floor window of bedroom 2 to Dwelling 2 be screened with fixed obscure glazing to 1.7m above the finished floor levels’.

A condition on permit will require a notation that states the east facing first floor window of bedroom 2 to Dwelling 2 and east facing first floor windows of bedroom 1 to both Dwellings 3 and 4 be screened with fixed obscure glazing to 1.7m above the finished floor levels’.

Complies subject to conditions

Standard B29: Solar Access to Open Space

There are no walls to the north of each secluded private open space area that would impede solar access.

An area of secluded private open space of no less than 25 square metres with a minimum dimension of 3 metres will have adequate solar access to each dwelling.

A condition on permit will require the relocation of the shed and clothes line to Dwelling 5 to the south-east corner of the site in order that they do interfere with solar access to this rear yard.

Complies with objective

POLICY IMPLICATIONS

Environmental Sustainability

All new dwellings are required to achieve a minimum average six (6) star energy rating under the relevant building controls.

Social Inclusion and Diversity

Nil.

Other

Nil.

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FINANCIAL AND RESOURCE IMPLICATIONS

There are no financial or resource implications as a result of the determination of this application.

FUTURE ACTIONS

Nil.

DISCLOSURE OF INTERESTS

Section 80C of the Local Government Act 1989 requires members of Council staff and persons engaged under contract to provide advice to Council to disclose any direct or indirect interest in a matter to which the advice relates.

The Manager authorising this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

RELATED DOCUMENTS

Darebin Planning Scheme and the Planning and Environment Act (1987) as amended.

COMMITTEE DECISION

MOVED: Cr. B. Morgan SECONDED: Cr. N. Katsis

THAT Planning Permit Application D271/2011 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

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c) A notation on plan that states ‘the west facing first floor windows of Bedrooms 2 to Dwellings 3 and 4 be screened with fixed obscure glazing to 1.7m above the finished floor levels’. d) A notation on plan that states the south facing first floor window of Bedroom 2 to Dwelling 3 and north facing first floor window of bedroom 2 to Dwelling 2 be screened with fixed obscure glazing to 1.7m above the finished floor levels’. e) A notation that states the east facing first floor window of Bedroom 2 to Dwelling 2 and east facing first floor windows of Bedroom 1 to both Dwellings 3 and 4 be screened with fixed obscure glazing to 1.7m above the finished floor levels’. f) Five (5) suitable small to medium canopy trees (advance specimens). These trees are to be a minimum of 1.5m high with a minimum pot size of 45 litres at the time of installation. g) Tree Protection Zone (TPZ) of 4m from the trunk of the nature strip tree within the confines of the nature strip directly north of proposed Dwelling 1. The tree protection zone and the method of tree protection must be clearly annotated on the plan, in accordance with Condition 8 of this Permit. h) Relocation of the shed and clothes line to Dwelling 5 to the south- east corner of the site. i) A landscape plan in accordance with Condition No. 5 of this Permit.

When approved, the plans will be endorsed and form part of this Permit.

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

3. This Permit will expire if either: • The development does not start within three (3) years from the date of this Permit; or • The development is not completed within five (5) years of the date of this Permit. The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date.

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8. Before buildings and works (including demolition) start, a tree protection fence must be erected in the following position to define a ‘tree protection zone’:

Any construction work in this zone must be no dig to ensure the tree remains in good health.

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 the tree protection zone.

No storage or dumping of tools, equipment or waste is to occur within the tree protection zones.

10. All dwellings that share dividing walls and/or floors must be constructed to limit noise transmission in accordance with Part F(5) of the Building Code of Australia.

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The external lighting must be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority.

12. Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

13. The land must be drained to the satisfaction of the Responsible Authority.

16. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority.

CARRIED

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5.2 APPLICATION FOR PLANNING PERMIT D/319/2011 445 - 453 High Street and 1 - 13 Beavers Road, Northcote

AUTHOR: Principal Planner – Jolyon Boyle

DIRECTOR: Director City Works and Development – Michael Ballock

OWNER/APPLICANT/CONSULTANT:

Applicant: Aurecon Australia Pty Ltd PO Box 321 SOUTH MELBOURNE VIC 3205

Owner: Lazaros Zikou and John Zikou 447 High St NORTHCOTE VIC 3070

Consultant: Chris Hatcher Aurecon Australia Pty Ltd 60 Albert Road South Melbourne

SUMMARY:

• A mixed use development comprising a two (2) to six (6) storey building (plus two (2) basement levels) comprising 90 apartments, five (5) shops and a reduction to the car parking requirement. • No restrictive covenants apply. • It is recommended that the application be approved subject to conditions.

CONSULTATION:

• Notification comprising two (2) signs on site and letters to adjoining owners/occupiers. • 58 objections received. • A consultation meeting was not held, however the applicant has amended the application since the completion of the public notification process. The amendments involve the following alterations to the western section of the development (occupying 13 and 15 Beavers Road): removal of the third (3 rd ) level to provide a maximum two (2) storey height; removal of five (5) residential units and an increase to the front setback to Beavers Road from 3m to 4.57m. These amendments address Council’s position on the preferred scale of development within the Low Change Residential Area (occupying 13 and 15 Beavers Road). • The application has been referred internally to the following units: - Capital Works Unit

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- Transport Management and Planning Unit - Sustainable Design • The application has been referred externally to the following units: - Melbourne Water

RECOMMENDATION

THAT Planning Permit Application D/319/2011 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application (identified as ref. 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22, dated may 2011 and prepared by Carabott Holt Architects and Waste Management Plan prepared by Leigh Design, dated 28 April 2011) but modified to show: a) Modifications to the western section of the development (occupying 13 and 15 Beavers Road – Low Change Area), in accordance with the plans identified as ground floor plan, first floor plan and part Beavers Road elevation, dated October 2011 and prepared by Carabott Holt Architects, including a reduction to the height to a maximum of two (2) storeys, removal of five (5) residential units (total of 90 residential units) and an increase to the front setback to Beavers Road to 4.57m. b) Any modifications in accordance with the Landscape Plan (Refer to Condition No. 4 of this Permit). c) Any modifications in accordance with the Sustainable Design Statement (Refer to Condition No. 7 of this Permit). d) Any modifications in accordance with Melbourne Water’s requirements (Refer to Condition No.s 21-31 of this Permit). e) Balconies designed to drain to the internal stormwater system. f) A comprehensive schedule of external materials, colours and finishes (including colour samples). Construction materials are to be low maintenance. External materials and finishes (including glazing) are to be of a low reflectivity. The use of painted surfaces must be minimised. g) Location of communal television antenna (refer to Condition No. 20 of this permit). When approved, the plans will be endorsed and form part of this Permit.

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4. This Permit will expire if: • The development does not start within three (3) years from the date of this Permit; or • The development is not completed within five (5) years of the date of this Permit. The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date. 5. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and must incorporate: a) Details of all existing trees to be retained and all existing trees to be removed, including overhanging trees on adjoining properties. The genus, species, height and spread of all trees must be specified b) A planting schedule of proposed vegetation detailing the botanical name, common name, size at maturity and quantities of all plants c) Details of all surfaces including lawns, mulched garden beds and hard paving (such as asphalt, concrete, brick or gravel) d) Street trees within the nature strip/s adjacent to the property e) All constructed items including retaining walls, clotheslines etc f) Edge treatment between grass (lawn) and garden beds g) An outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences h) The location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided i) Clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers j) A scale, North Point and appropriate legend.

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• Demolition and Construction Waste Management. b) Where appropriate, the ESD Management Plan should: • Identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards; • Document the means by which the appropriate target or performance will be achieved; • Identify responsibilities and a schedule for implementation, and ongoing management, maintenance and monitoring; and • Demonstrate that the design elements, technologies and operational practices that comprise the ESD Management Plan can be maintained over time. A schedule for implementing and monitoring the ESD Management Plan must be included. The approved ESD Management Plan must be implemented to the satisfaction of the Responsible Authority. 9. Prior to the issue of a building permit for any building or any works authorised by this permit, a development levy must be paid to Darebin City Council. The amount of the development levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay. 10. The landscaping as shown on the endorsed Landscape Plan must be completed to the satisfaction of the Responsible Authority before the development is occupied and/or the use starts or at such later date as is approved by the Responsible Authority in writing. No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed. 11. The landscaping as shown on the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority. 12. Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority. 13. Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority. 14. The land must be drained to the satisfaction of the Responsible Authority. 15. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath and kerb and channel to the satisfaction of the Responsible Authority. 16. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.

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17. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority. 18. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority. 19. Before occupation of the development, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be: a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced with an all weather sealcoat; and d) Drained to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose. 20. Only one (1) communal television antenna may be erected on the building. Individual antennae for individual apartments/tenancies must not be erected. Melbourne Water Conditions (21-31). 21. Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water’s drains or waterways. 22. All residential and commercial buildings/shops must be constructed with finished floor levels a minimum of 300mm above the applicable grade flood level. 23. All garages/car parking on the ground floor must be constructed within surface levels a minimum of 150mm above the applicable grade flood level. 24. Melbourne Water requires 20% of open space in the direction of flows in order to allow the passage of floodwaters to pass through the site without causing an obstruction. 25. The entry / exit driveway of the basement car park must incorporate a flood proof apex constructed a minimum of 300mm above the applicable graded flood level. 26. All doors, windows, vents and openings to the basement car park must be a minimum of 300mm above the applicable grade flood level. 27. An unobstructed 3 metre setback along the western boundary must be maintained. 28. An open style fence / gate (25%) must be constructed along the northern / southern boundary to allow the movement of overland flows. 29. The depth of the footings must be adequate to satisfy the angle of repose relative to the Sumner Avenue Main Drain (4424) nearby stormwater drain as per Melbourne Water’s specification. 30. Prior to the commencement of works separate application, direct to Melbourne Water, must be made for any new or modified storm water connection to Melbourne Water’s drains or watercourses. Prior to accepting an application, evidence must be provided demonstrating that Council considers that it is not feasible to connect to the local drainage system. Contact Asset Services on telephone 9235 1414 for Melbourne Water’s connection requirements, including payment of appropriate fees.

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31. Prior to the issue of a Certificate of Occupancy, a certified survey plan, showing finished floor levels (as constructed) reduced to the Australian Height Datum, must be submitted to Melbourne Water to demonstrate that the flood levels have been constructed in accordance with Melbourne Water’s requirements.

REPORT

INTRODUCTION AND BACKGROUND

Council records indicate that there is no relevant planning history for the site.

ISSUES AND DISCUSSION

Subject site and surrounding area:

• The site has the following dimensions and area: • Frontage 32m (to High Street) • Depth 85.5m (to Beavers Road) • Area 2797m 2 • The site is referred to as 445-453 High Street and 1-13 Beavers Road, Northcote. The site forms part of the Northcote Major Activity Centre and is located within close proximity to both the Croxton and Northcote Railway Stations. • 445-453 High Street is located within a Business 2 Zone. 1 Beavers Road is located within a Residential 1 Zone. A Design and Development Overlay also applies to this portion of the site, which encourges developemnt of up to 5-storeys in height. • 11 and 13 Beavers Road are located within a Residential 1 Zone. A Design and Development Overlay also applies to this portion of the site, which envisages small scale, relatively dense, conventional residential housing and minor infill development. • The site is located on the south-western corner of the intersection of High Street and Beavers Road. The site takes principal frontage to High Street, with additional frontage also provided to Beavers Road. Part of the southern boundary abuts a right of way (ROW) connecting with Bent Street further south. • The frontage to High Street is mostly developed with five (5) attached single storey commercial premises. • The corner of High Street and Beavers Road is occupied by a railway and carriageway easement that traverses through the entire site diagonally, to the rear of 13 Beavers Road. The easement is currently used for parking and access to the site. • Land at the front of 1-9 Beavers Road is developed with a single storey brick industrial style building, used as a mechanical repairs and tyre workshop. The rear of the site over the easement is a warehouse building. • Further west along Beavers Road at 11 and 13 Beavers Road the land is developed with two (2) single storey residential dwellings. Both properties have vehicle access via the ROW. • The residential properties at 11 and 13 Beavers Road contain some scattered vegetation. The remaining sections of the site are devoid of significant vegetation.

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• Land to the north of the site over Beavers Road is zoned Business 2 and has been recently developed with a three (3) storey residential apartment building with retail premises fronting High Street on the ground level and car parking to the rear. • Land further north of the site at 469-481 High Street Northcote is currently being developed with a six (6) storey mixed use development. • Land to the east of the site on the opposite side of High Street and north of Langwells Parade, zoned Business 2, has been recently developed with a five (5) storey residential apartment building with retail premises fronting High Street. Land south of this building over Langwells Parade is developed with a double storey brick dental clinic and single storey retail premises. • Planning permission was recently gained to develop a 6 storey mixed use development to the south of the site at 388-390 High Street Northcote. • The commercial frontage to High Street and the Business 2 zoning continues south of the subject site, with a double storey shopfront to the abutting south. To the west of these premises a ROW traverses the southern boundary of the site. • South of the ROW are seven (7) dwellings zoned Residential 1 fronting Bent Street to the south. The private open spaces, rear garages, vegetation and fencing of these properties front the ROW to the north. • The western edge of the site abuts residential dwellings fronting Beavers Road, zoned Residential 1. The dwelling at 15 Beavers Road has been subdivided into two dwellings that each have an independent frontage to Beavers Road, and are two (2) storeys in height with rear garage access to the ROW. The low rise residential streetscape continues west along either side of Beavers Road. • The site is located 170 metres to the west of the Northcote Shopping Plaza, where a range of shops are located as well as larger stores including Coles and Kmart. High Street to the north and south of the site comprises a mix of shops and other services. • The site has excellent access to public transport. The number 86 tram and the Nightrider Bus Route 958 run along High Street. In addition, the site is located within the Epping Train Line catchment, 380 metres south-east of the Croxton Railway Station and 500 metres north east of the Northcote Railway Station. A host of bus services are also located nearby including Routes 508, 510, 552 and 567, as well as Tram Routes 11 and 112 along St Georges Road further west of the site. • The 13 hectare All Nations Park is located to the east of the site beyond Northcote Shopping Plaza where a host of recreational facilities are located. • The site affords access to a range of education facilities which include: Northcote Central Secondary College, South Preston Secondary College, Santa Maria College and Wales Street Primary School. Proposal

The proposal involves the demolition of the existing buildings and the construction of a six (6) storey building comprising five (5) commercial tenancies to the High Street frontage and 90 residential apartments across the remainder of the site, with two (2) levels of basement car parking. A reduction is also sought to the car parking requirement of the Planning Scheme.

The development is broken down into three (3) components to provide a transition between the commercial frontage to High Street and the residential neighbourhood within Beavers

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Road and nearby Bent Street. The building ranges in height from six (6) storeys at the High Street frontage to two (2) storeys at the western sections of the site.

A total of 108 on-site car parking spaces are provided over two (2) basement levels and within a ground level car parking area, comprising six (6) retail staff spaces, 101 resident spaces and 1 disabled space. A total of eight (8) motorcycle spaces, 97 resident bicycle spaces and 10 visitor bicycle spaces are provided throughout the ground floor and basement levels. No visitor car parking is provided. Vehicular access is proposed via a 6.1 metre ramp to Beavers Road, leading to ground level car parking spaces and two (2) levels of basement car parking.

The development proposes a mix of one (1) and two (2) bedroom apartments. Each apartment is provided with open plan living and a private balcony or terrace.

OBJECTIONS

• 58 objections were received.

Objections summarised • Design, Height and Density • Overshadowing • Overlooking • Noise • Car Parking • Drainage • Safety • Waste management • Removal of trees.

Officer comment on summarised objections

• The design of the development is discussed and assessed under the Clause 22.10 and 43.02 assessments below. In terms of the portion of the development fronting High Street, it is noted that State and Local Planning Policy envisage an increase in housing density in well serviced areas such as this. Clause 16.01 State Planning Framework of the scheme encourages higher density housing development on sites that are well located in relation to activity centres, employment corridors and public transport and requires Council’s to identify sites which are able to provide 10 or more dwelling units, close to activity centres and well served by public transport. Clause 22.11 of the Scheme encourages increased residential development throughout the Activity Centre. Clause 43.02 of the scheme encourages development of up to five (5) storeys fronting High Street. Melbourne 2030 suggests that a large proportion of population growth will be required to be accommodated within established areas, and that the areas around and within activity Centres will be a preferred location for reasons of ecological sustainability. It is considered that the site comprises the necessary attributes to further the above objectives of the State and Local Planning Framework including its location within an activity centre, location in proximity to public transport and local shops and services and relative isolation from adjacent residential

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properties. As result the appearance of High Street and Beavers Road will change, inline with the scope of these policies and objectives. • The height and design of the portion of the development occupying 11 and 13 Beavers Road is discussed under Clauses 22.11 and 43.02 below. • The shadow cast by the development is within the threshold under Clause 55 of the Scheme. • Habitable room windows and/or balconies are screened where necessary to prevent overlooking. • The noise levels generated by the development will not be significantly above that of the surrounding area. • Car Parking is discussed and assessed in the body of the report under the section titled ‘Car Parking’. • The site is required to be drained to the satisfaction of Council’s Engineering Services Department. • The development does not raise any obvious safety concerns. Indeed the vehicle entrance/exit to the car park provides ample visibility. • The application includes a satisfactory waste management plan detailing the means by which garbage and recyclables will be stored on the site and the time and frequency of collection. • Planning permission is not required to remove trees from the site.

PLANNING ASSESSMENT

Clause 15.01 Urban Environment The proposed development satisfies all the objectives of Clause 15.01 of the Darebin Planning Scheme other than detailed below:

Landmarks, Views and Vistas Under normal circumstances there is no planning right to a view and the protection of views is not a valid planning consideration. However views from All Nations Park and the Y on High must be considered due to the DDO14. The applicant has provided an assessment of views under the DDO14 and the proposal has no significant impact upon views from All Nations Park and the Y on High. Complies with objective

Energy Resource and Efficiency The proposal provides a mixed use development in an appropriate area to take advantage of existing services. The design provides adequate energy efficiency to the dwellings with acceptable solar access, shared walls, multi storey construction and internal stairs. A standard sustainability condition will be required. Complies subject to condition

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Clause 22.03 Activity Centres

The proposed development satisfies all the objectives of Clause 22.03. In particular the development strengthens the role and function of the Northcote activity centre by providing residential and commercial uses that add to the centres vibrancy and sustainability objectives.

Clause 22.10: Residential and Mixed Use Development of Four (4) or More Storeys

The proposed development satisfies all the objectives of Clause 22.10 of the Darebin Planning Scheme other than detailed below:

Element Comment Compliance Sustainability • Should the application be supported conditions of Complies any approval will require an Environmentally subject to Sustainable Development Management Plan and condition. any modifications, in accordance with this assessments.

Design and In accordance with revised plans and subject to a Complies Materials condition requiring a reduction to the height of the subject to a portion of the development occupying 11 and 13 condition. Beavers Road (Low Change Area) to two storeys and increase the front setback, the development is compliant with the objectives of the low change residential policy contained under Clauses 22.11 and 43.02 of the Scheme. The development generally exhibits an acceptable standard of design, materials of construction and external finishes, with adequate articulation provided through setbacks and materials. • The design of the development does not mimic the existing character of the area and provides an acceptable contemporary design with adequate articulation. • The portion of the development fronting High Street is acceptable in terms of scale and the height and relationship to neighbouring buildings. Building Height • In accordance with revised plans and subject to a Complies condition requiring a reduction to the height of the subject to a portion of the development occupying 11 and 13 condition Beavers Road (Low Change Area) to two storeys and increase the front setback, the development is compliant with the objectives of the low change residential policy contained under Clauses 22.11 and 43.02 of the Scheme • The portion of the development fronting High Street is acceptable in terms of height, as outlined under the

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Element Comment Compliance Clause 22.11 and 43.02 assessments. On-Site • All balconies except those serving apartments 1.15 Complies with Amenity and and 2.13 (5m2) comply with the requirements of objective Facilities, Clause 55. Given many of the apartments provide Including balcony areas well in excess of the requirements of Private Open the Clause 55 and the proximity of All Nations Park, it Space is considered that the development provides a satisfactory outcome, on balance.

Under Clause 22.10 is policy to consider the following:

Side and Rear Setbacks - Clause 55.04-1 (only in relation to adjoining dwellings in a Residential zone).

• The site adjoins seven (7) residential properties to the south, which are separated from the site by a 3m wide ROW. It is therefore relevant to consider the setback of the south elevation. • The entire south elevation complies with the setback requirement with the exception of a small portion of the balconies associated with Units 2.20, 2.21 and 2.22. As a condition of the approval Units 2.20, 2.21 and 2.22 are to be deleted in accordance with the amended plans submitted to address issues relating to the height and scale of the section of the development occupying 13 and 15 Beavers Road (Low Change Area). Complies subject to a condition

Clause 22.11 Northcote Major Activity Centre

The section of the site comprising 445 to 453 High Street and 1 Beavers Road is located within Precinct HN – High Street North. It is policy to support redevelopment with an emphasis on office use, commercial and non core retail use at ground floor level with intensified residential use above.

This section of the proposal complies with the policy by increasing the diversity and intensity of uses on High Street. With regards to built form the proposal orientates retail development outwardly to address High Street providing active ground floor frontages.

The remaining section of the development comprising 11 and 13 Beavers Road is located within the Low Change Residential Precinct, which envisages small scale, relatively dense, conventional residential housing and minor infill development. It is policy that new development respects the character of the area.

The development is compliant with the objectives of the Low Change residential policy (applicable to 11 and 13 beavers Road only), subject to a condition requiring the removal of the third (3 rd ) level to provide a maximum two (2) storey height; removal of five (5) residential units and an increase to the front setback to Beavers Road from 3m to 4.57m.

Complies subject to a condition

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Clause 43.02 Northcote Major Activity Centre

The section of the site comprising 445 to 453 High Street and 1 Beavers Road is located within Precinct A3 – High Street North. Buildings with Precinct A3 should not exceed five (5) storeys or the height of the existing building on the site (whichever is greater) with the maximum height determined by the maintenance of the view corridor to the horizon from All Nations Park hilltop. Buildings over 8 metres in height should be built to the front and side boundaries up to a height of between 8 and 10 metres above ground level, and set back a minimum of 1.5 metres from the front building face per floor and include measures (such as contrasting external wall materials) to ensure any part of the building above, and set back from, the front wall is visually recessive.

The portion of the site with Precinct A3 is generally consistent with the discretionary height requirements for this precinct, exceeding the preferred height by 1 storey. It is considered that the additional height is appropriate on the basis that the 6 th storey is recessed with varied materials and is consistent with the emerging character of buildings along this area of High Street, including the 6 storey development currently under construction at 469-481 High Street to the north and the recently approved 6 storey development at 388-390 High Street to the south. While visible, the height of the building will not interrupt the horizon view from All Nations Park consistent with other developments within the vista and will not obscure views towards Mount Macedon, or the view from ‘Y on High’ to the Northcote Town Hall.

In terms of setback the High Street frontage provides a three (3) storey street wall which rises to approximately 11 metres, with the fourth and fifth storeys setback 4.8 metres from High Street at the southern end, reducing to zero at the corner of High Street and Beavers Road.

Complies with objective

Clause 52.06 Car Parking:

In accordance with amended plans submitted on 22 November 2011 and discussed earlier in this report, the total number of residential units has been decreased from 95 to 90. The car parking assessment is therefore based on the revised total of 90 residential units and five (5) shops. A breakdown of the car parking required under Clause 52.06 of the scheme is set out below:

Use Required Rate Parking Provided Requirement 90 Apartments 2 spaces / apartment 101 180 2 5 Shops 8 spaces / 100m 6 (+ 1 disabled space) 41 Total Provision: 108 Total requirement 231

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Despite the above, the Department of Planning and Community Development has drafted changes to the car parking provisions under Clause 52.06 to better reflect current car parking demand. The draft car parking requirement is set out below.

Use Required Rate Parking Provided Requirement 90 Apartments 1 space / 1 or 2 bedroom 101 90 parking spaces dwelling, 2 spaces / 3 or more bedroom dwelling 2 5 Shops 3.5 spaces / 100m 6 (+ 1 disabled space) 18 Total Provision: 108 Total requirement 108

In addition to the above, ABS census data for Northcote indicates parking rates in the order of 0.7 car spaces per single bedroom dwelling and 1 car spaces per 2 bedroom dwelling. A 2 parking rate of 4 car spaces per 100m for shops is a more accurate reflection of parking demand for shops located within activity centres. Application of these rates results in a requirement to provide a total of 108 parking spaces on site.

The reduction of car parking for the development is considered acceptable due to the following: • The level of parking provision accords exactly with the draft Clause 52.06 provisions and the ABS data applicable for Northcote. • The total number of residential units has decreased to 90 from 95 since the completion of the public notification process. • There is no parking precinct plan for the area. • The site has excellent access to fixed rail public transport. The No.86 Tram runs along High Street and Croxton Railway Station is 380m to the north-west. • The site is located within an activity centre, encouraging multi-purpose trips as well as being readily accessible by public transport, shops and services. • The development provides 107 bicycle parking spaces well in excess of the 28 cycle spaces recommended under Clause 52.34 of the scheme.

POLICY IMPLICATIONS

Environmental Sustainability

All new dwellings are required to achieve a minimum six (6) star energy rating under the relevant building controls.

Social Inclusion and Diversity

Nil

Other

Nil

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FINANCIAL AND RESOURCE IMPLICATIONS

There are no financial or resource implications as a result of the determination of this application.

FUTURE ACTIONS

Nil

DISCLOSURE OF INTERESTS

The Manager authorising this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

RELATED DOCUMENTS

Darebin Planning Scheme and the Planning and Environment Act (1987) as amended.

COMMITTEE DECISION

MOVED: Cr. V. Fontana SECONDED: Cr. N. Katsis

THAT Planning Permit Application D/319/2011 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

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c) Any modifications in accordance with the Sustainable Design Statement (Refer to Condition No. 7 of this Permit). d) Any modifications in accordance with Melbourne Water’s requirements (Refer to Condition No.s 21-31 of this Permit). e) Balconies designed to drain to the internal stormwater system. f) A comprehensive schedule of external materials, colours and finishes (including colour samples). Construction materials are to be low maintenance. External materials and finishes (including glazing) are to be of a low reflectivity. The use of painted surfaces must be minimised. g) Location of communal television antenna (refer to Condition No. 20 of this permit). When approved, the plans will be endorsed and form part of this Permit.

2. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. 3. As part of the consultant team Carabott Holt Architects or an experienced architect must be engaged to oversee the design intent and construction quality to ensure that the design and quality and the appearance of the approved building is maintained to the satisfaction of the Responsible Authority. 4. This Permit will expire if: • The development does not start within three (3) years from the date of this Permit; or • The development is not completed within five (5) years of the date of this Permit. The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date. 5. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and must incorporate: a) Details of all existing trees to be retained and all existing trees to be removed, including overhanging trees on adjoining properties. The genus, species, height and spread of all trees must be specified b) A planting schedule of proposed vegetation detailing the botanical name, common name, size at maturity and quantities of all plants c) Details of all surfaces including lawns, mulched garden beds and hard paving (such as asphalt, concrete, brick or gravel) d) Street trees within the nature strip/s adjacent to the property e) All constructed items including retaining walls, clotheslines etc f) Edge treatment between grass (lawn) and garden beds g) An outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences

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h) The location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided i) Clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers j) A scale, North Point and appropriate legend.

The species of all proposed plants selected must be to the satisfaction of the Responsible Authority. 7. Waste storage and collection must undertaken in accordance with the approved management plan and must be conducted in such a manner as not to affect the amenity of the surrounding area and which does not cause any interference with the circulation and parking of vehicles on abutting streets. 8. Before the development starts, an Environmentally Sustainable Development Management Plan (ESD Management Plan) prepared by a suitably qualified professional, must be submitted to, and approved in writing by, the Responsible Authority. a) The ESD Management Plan must address: • Energy Management; • Water Conservation and Re-use; and • Demolition and Construction Waste Management. b) Where appropriate, the ESD Management Plan should: • Identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards; • Document the means by which the appropriate target or performance will be achieved; • Identify responsibilities and a schedule for implementation, and ongoing management, maintenance and monitoring; and • Demonstrate that the design elements, technologies and operational practices that comprise the ESD Management Plan can be maintained over time. A schedule for implementing and monitoring the ESD Management Plan must be included. The approved ESD Management Plan must be implemented to the satisfaction of the Responsible Authority. 9. Prior to the issue of a building permit for any building or any works authorised by this permit, a development levy must be paid to Darebin City Council. The amount of the development levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay. 10. The landscaping as shown on the endorsed Landscape Plan must be completed to the satisfaction of the Responsible Authority before the development is occupied and/or the use starts or at such later date as is approved by the Responsible Authority in writing.

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No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed. 11. The landscaping as shown on the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority. 12. Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority. 13. Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority. 14. The land must be drained to the satisfaction of the Responsible Authority. 15. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath and kerb and channel to the satisfaction of the Responsible Authority. 16. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority. 17. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority. 18. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority. 19. Before occupation of the development, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be: a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced with an all weather sealcoat; and d) Drained to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose. 20. Only one (1) communal television antenna may be erected on the building. Individual antennae for individual apartments/tenancies must not be erected.

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Melbourne Water Conditions (21-31). 21. Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water’s drains or waterways. 22. All residential and commercial buildings/shops must be constructed with finished floor levels a minimum of 300mm above the applicable grade flood level. 23. All garages/car parking on the ground floor must be constructed within surface levels a minimum of 150mm above the applicable grade flood level. 24. Melbourne Water requires 20% of open space in the direction of flows in order to allow the passage of floodwaters to pass through the site without causing an obstruction. 25. The entry / exit driveway of the basement car park must incorporate a flood proof apex constructed a minimum of 300mm above the applicable graded flood level. 26. All doors, windows, vents and openings to the basement car park must be a minimum of 300mm above the applicable grade flood level. 27. An unobstructed 3 metre setback along the western boundary must be maintained. 28. An open style fence / gate (25%) must be constructed along the northern / southern boundary to allow the movement of overland flows. 29. The depth of the footings must be adequate to satisfy the angle of repose relative to the Sumner Avenue Main Drain (4424) nearby stormwater drain as per Melbourne Water’s specification. 30. Prior to the commencement of works separate application, direct to Melbourne Water, must be made for any new or modified storm water connection to Melbourne Water’s drains or watercourses. Prior to accepting an application, evidence must be provided demonstrating that Council considers that it is not feasible to connect to the local drainage system. Contact Asset Services on telephone 9235 1414 for Melbourne Water’s connection requirements, including payment of appropriate fees. 31. Prior to the issue of a Certificate of Occupancy, a certified survey plan, showing finished floor levels (as constructed) reduced to the Australian Height Datum, must be submitted to Melbourne Water to demonstrate that the flood levels have been constructed in accordance with Melbourne Water’s requirements.

CARRIED

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5.3 APPLICATION FOR PLANNING PERMIT D/883/2010 19 Fulham Road, Alphington

AUTHOR: Principal Planner – Robert Shatford

DIRECTOR: Director City Works and Development – Michael Ballock

OWNER/APPLICANT/CONSULTANTS:

Applicant: P Rujanovski C/- Architectutral Plans and Permits 2/387 Station Street THORNBURY VIC 3071

Owner: DZD 242 Rathmines Street FAIRFIELD VIC 3078

Consultant: Architectutral Plans and Permits

2/387 Station Street

THORNBURY VIC 3071

SUMMARY: • The proposal is for a medium density housing development comprising the construction of three (3) double storey dwellings. • No restrictive covenant is registered on the Certificate of Title. • Recommendation – Notice of Decision to Grant a Planning Permit subject to conditions.

CONSULTATION: • Letters were sent to adjoining and surrounding owners and occupiers. • A sign was erected on the site. • 12 objections have been received. • No consultation meeting was held as there was no opportunity to reconcile objections. • The application has been referred internally to the following Council Units: - Capital Works Unit - Transport Management and Planning Unit Their conditions have been incorporated into the successive recommendation.

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RECOMMENDATION

THAT Planning Permit Application D/883/2010 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application ( identified as drawing numbers TP1/4, TP2/4 and TP3/4, revision dated 30 May 2011, job no. A/1840, prepared by Architectural Plans and Permits ) but modified to show: a) The following upper floor windows are to have screening, fixed obscure glass or sills to a height of 1700mm above floor level: • All west facing windows upper floor windows to Dwelling 3. • The east facing upper floor bathroom window of Dwelling 3. • The south facing upper floor en-suite window to Dwelling 2. b) Windows on the north elevation of Dwelling 1 to all habitable rooms. These windows must be provided with either: • A sill with a minimum height of 1.7 metres above finished floor level, • A fixed screen with a maximum permeability of 25% to a minimum height of 1.7 metres above finished floor level or • Fixed obscure glazing (not film) with a maximum transparency of 25% to a minimum height of 1.7 metres above finished floor level. c) Section details of all louvred screening to restrict downward views to the satisfaction of the Responsible Authority. d) Increase the setback of Dwelling 2, first floor from the southern boundary to 2.25 metres. e) A reduction in the width of the northern crossover to 3.5 metres. f) Deletion of the vehicle turning area for Dwelling 3 and replacement with landscaping. Refer to Condition 5. g) The fence within the street frontage setback (between Dwellings 1 and 2) to be permeable with a maximum height of 1.2m. h) Provision of garage door opening and access way dimensions to the rear of the garage to Dwelling 1, to fully comply with Standard B16 of Clause 55.03-11 of the Darebin Planning Scheme. i) Pedestrian access doors for the garage of Dwelling 2 are to open outward from the garage. j) The southern boundary wall to the garage of Dwelling 2 is to have a maximum average height of 3 metres (with a maximum overall height of 3.6 metres), as measured above NGL. k) Alterations to the façade of Dwellings 1 and 2 to replace parapets with a pitched tiled roof, with the dwellings designed to create a recessive and less dominant visual presence of the first floor.

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l) A notation confirming any boundary fence / vegetation and letterbox that falls within a 2.0 - 2.5 metre pedestrian visibility splay located at the point where the driveway intersects with the footpath is to be below 1.15 metres in height. Refer also to Condition 1 e). m) The location of all plant and equipment (including air conditioners and the like). These are to be co-located where possible, screened so as not to be visible from the public realm and adjacent properties, located as far as practicable from site boundaries, baffled to prevent noise transmission to adjacent properties and integrated into the design of the building. n) A comprehensive schedule of construction materials, external finishes and colours (including colour samples). o) A Landscape Plan in accordance with Condition No.5 of this Permit, with provision of at least one (1) canopy tree within each private open space area. When approved, the plans will be endorsed and form part of this Permit.

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

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g) An outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the subject site must also be shown h) The location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided i) Clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers j) A scale, North Point and appropriate legend. The species of all proposed plants selected must be to the satisfaction of the Responsible Authority.

8. Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority.

9. Before the dwellings are occupied, an automatic external lighting system capable of illuminating the entry to each unit, access to each garage and car parking space and all pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority. The external lighting must be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority.

10. Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

11. The land must be drained to the satisfaction of the Responsible Authority.

12. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.

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

14. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority.

15. Before occupation of the development, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be: e) Constructed; f) Properly formed to such levels that they can be used in accordance with the plans; g) Surfaced; and h) Drained to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

16. Before the development is occupied, vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.

REPORT

INTRODUCTION AND BACKGROUND

• Planning permit D/358/2009 was issued on 24 June 2010 allowing the construction of a double storey dwelling to the rear of the site. This dwelling was similar in siting and layout to the proposed Dwelling 3 of this current application.

ISSUES AND DISCUSSION

Subject site and surrounding area • The site is regular in shape, with a frontage of 20.12 metres, a depth of 40.23 metres and an overall site area of 809.42m². • The site is located in the Residential 1 Zone and is affected by the Development Contributions Plan Overlay – Schedule 1. • The site is located on the west side of Fulham Road. • The site is occupied by a single storey, brick dwelling with a pitched and hipped tile roof. Secluded private open space and outbuildings are to the rear (south). It has vehicle access along the north boundary to a garage and large outbuilding extending across the width of the site. The site has a fall of approximately 620mm from the north-west corner (rear) to the south-east (front) corner. Importantly planning permit

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D/358/2009 allows the construction of a double storey dwelling to the rear yard area. This dwelling is similar in layout to the proposed dwelling at the rear. • To the north of the site is a single storey rendered dwelling with a pitched and hipped tile roof. This dwelling has vehicle access along the common boundary to a garage at the rear and is set back 3.9 metres from the common boundary and 5.8 metres to 7.6 metres from the front boundary. To the south is a single storey brick dwelling, which is set back 1.5 metres from the common boundary and 10.5 metres from the front. To the east, on the opposite side of the street, are a number of single storey weatherboard dwellings, noting nearby double storey brick buildings. To the west, is a large site containing a childcare centre, fronting Grange Road. • The neighbourhood is characterised by single and double storey traditional dwellings with driveways down one (1) side and outbuildings to the rear. It is also noteworthy that a number of single and double storey medium density developments are located close-by to the south. • The site is 500 metres west of the Alphington Railway Station (with an adjacent local convenience centre). Station Street Activity Centre is 700 metres to the west. Fairfield Primary School is 400 metres to the west. Yarra Bend Park and Darebin Parklands are 700 metres to the south and north-east respectively.

Proposal

• It is proposed to demolish the existing dwelling and construct three (3) double storey dwellings. • Dwellings 1 and 2 are located to the front of the site and will be separated by a central party wall, with Dwelling 1 to the north and Dwelling 2 to the south. Dwelling 3 is to be located at the rear. • Dwelling 1 will have an open plan kitchen/meals/family area with toilet and laundry at ground level. The upper floor is to have two (2) bedrooms, an en-suite and a bathroom. There is to be a single garage to its west, accessed via the existing crossover to the north boundary. There is to be secluded private open space of 40.1m² to its west, with additional open space areas to the front. • Dwelling 2 is to have a living room to the front, with an open plan kitchen/meals/family area at the rear at ground level. The first floor level is to have three (3) bedrooms, an en-suite and a bathroom. It is to have a single garage and tandem car space, accessed via a proposed crossover to the south. Secluded private open space is to be at the rear with an area of 40m² and an additional open space area to the front. • Dwelling 3 is to the rear and at ground level is to have a bedroom and an open plan kitchen/meals/living area. At first floor level it will have two (2) bedrooms, a bathroom and a retreat area. It is to have a double garage accessed via the existing crossover along the northern boundary. There is to be secluded ground level private open space of 44m² to its east. • The proposed dwellings will have a traditional design though will incorporate more contemporary parapet elements and are to be largely render and brick at ground floor level, lightweight cladding and render at first floor level and tiled roofs, with some parapet features. • The maximum height of the development is 7.23 metres to the ridge of the roof.

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OBJECTIONS

• 12 objections have been received.

Objections summarised • Contrary to neighbourhood character. • Building mass and visual bulk. • Loss of gardens and landscaping. • Inappropriate driveways. • Loss of period home. • Overdevelopment. • Increased traffic. • Loss of views. • Loss of parking. • Loss of permeable space and impact on flooding. • Undesirable precedent. • Traffic safety. • Design detail. • Inadequate setbacks. • Inadequate energy efficiency (no north windows). • Inadequate sense of address to rear dwelling. • Loss of ‘green corridor’. • Dominance of parking structures. • Potential for fourth bedroom for Dwelling 3 and impact on parking. • Shared driveway is dangerous to pedestrians and provides a wind tunnel. • Excessive waste bins located to the street. • Boundary wall heights. • Inadequate information on plans (eg. west elevation of Dwellings 1 and 2). • Excessive vehicle access. • Impact on north facing windows. • Potential overlooking. • No details of location of plant. • Overshadowing. • Potential structural damage. • Noise from vehicle access.

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• Loss of daylight to east windows of #17 Fulham Road. • Inadequate front setback.

Officer comment on summarised objections

• Neighbourhood character and design details are addressed below. However it is considered that the proposal is largely acceptable in the context of buildings in the area, subject to further alterations to the façade details to address design detail (see conditions). • Building mass and visual bulk is addressed below in the assessment against Clause 55 and the Neighbourhood Character Study. It is considered that a double storey development presents an appropriate graduated increase in height over the nearby single storey dwellings, in recognition of a number of existing double storey structures in the immediate area. Additionally, it is noted that a planning permit exists for the development of the rear of the site for a double storey dwelling, which must carry significant weight in the assessment of the proposal, as it is a seriously entertained planning proposal. • Medium density developments will necessarily result in increased site coverage. However, it is important to assess whether the resultant area available for landscaping is appropriate in the context of the area and whether appropriate permeable areas are provided (see assessment below). It is considered that adequate space is available for landscaping and provision of canopy trees within the development. • The proposal provides adequate parking for the development to accord with the requirements of the planning scheme. • Although the proposal will result in the loss of a period home, the site is not subject to a Heritage Overlay and the dwelling may be demolished without planning permission. • The assessment against Clause 55 is an indicator whether the proposal is an overdevelopment. As can be seen below, there is a high level of compliance with the standards and objectives, indicating that the proposal is not an overdevelopment of the site. • It is not considered that the increase in traffic from the subject development would place an unreasonable load on the surrounding street network (ie. from one (1) existing dwelling with an approved dwelling in the rear yard, to three (3) dwellings). There is also no indication that the development will unreasonably impact on traffic safety in the area. • It is a well recognised planning principle that there is no right to a view and that over time views change. However it is recognised that bulk and heights may have an adverse effect on aspect and amenity. These are assessed below and are considered to be acceptable in the context and comply with the provisions of Clause 55. • Permeability is addressed below. It is noted that the development complies with these provisions and there is no reason to consider that the proposal will result in flooding of the nearby properties. Indeed Council’s Capital Works Unit has raised no objection to the development on the basis of drainage. • It is considered that the development will not create an undesirable precedent as each proposal is assessed on its merits in the context of the neighbourhood character. • The setbacks are addressed in the assessment below, however it is considered that they are largely acceptable and comply with the objective of Clause 55.

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• It is acknowledged that the proposal does not provide any north facing windows. However, this is not considered to be fatal to the application, given ample daylight is available to the habitable rooms and secluded private open space areas of the dwellings. Highlight windows can be provided to the north elevation to improve solar access however, without compromising overlooking of the adjoining property. This would also assist in addressing the visual mass of the north elevation. • Dwelling 3 is located to the rear though the entrance remains visible from the access way. It is also noteworthy that this layout has been approved under the previous permit. • Given that there is only one (1) garage to the frontage (with the parking facilities for Dwellings 1 and 3 located to the rear), it is not considered that parking structures will dominate the façade. • While the retreat area of Dwelling 3 is of a sufficient size to be used as a bedroom, this is considered to be acceptable given that a double garage is provided for this dwelling and Clause 55 allows a double garage to accommodate dwellings of three (3) or more bedrooms. • Given the low level of traffic along the shared driveway, it is not considered to be dangerous. It is noteworthy that conditions on any approval will require a pedestrian visibility splay. • It is not considered that the waste and recycle bins will take up excessive space to the naturestrip. • Boundary wall heights are addressed below in the assessment against Clause 55. • The inaccuracies in the plans have been noted and are addressed in the assessment below. The applicant has since provided details of the west elevation of Dwellings 1 and 2. • Overlooking is addressed below in the assessment against Clause 55; however it is noted that screening is used to upper floor windows. • Location of plant and air-conditioning can be is subject to a condition on any approval. • Overshadowing for the proposal will not unreasonably affect the secluded private open space of the adjoining property and complies with the provisions of Clause 55 (noting that overshadowing of the windows and front yard are not considered to be unreasonable). • Potential structural damage cannot be addressed under the panning controls and should be addressed by the relevant structural engineer and building surveyor. • Noise from vehicle access is not considered to be excessive, given the low level of traffic. • Loss of daylight and shadows to the front (east) windows of No. 17 Fulham Road is not unreasonable and complies with Clause 55. • The front setback is addressed below and is taken from the average of the front façades of the adjoining buildings.

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PLANNING ASSESSMENT

NEIGHBOURHOOD CHARACTER PRECINCT D4 GUIDELINE ASSESSMENT

Existing Buildings

Although the existing dwelling contributes to the neighbourhood character, the site is not affected by a Heritage Overlay and a planning permit is not required for its demolition. Therefore its demolition is not a planning consideration. In addition to the above, it is not considered that the development is out of scale or character with existing dwellings (subject to condition – see below). Complies subject to condition

Vegetation

The proposal will result in the loss of several trees on the site. Although they are not significant, these trees contribute to the landscape character of the neighbourhood and should be replaced with canopy trees. A detailed landscape plan is to be required by a condition on any approval. There are no unreasonably large areas of impervious surfaces and the proposal provides adequate space for landscaping including canopy trees to the front, sides and rear. The site is not located in proximity to Darebin Creek. Complies subject to condition

Siting

The buildings have been set back adequately from the street frontage to allow sufficient space for a front garden. The development provides setbacks and landscaping within the front setback, the rear yards of each dwelling and along the side boundaries. Although Dwelling 3 is to be constructed to the rear boundary, this has been approved under a previous permit and adopts the pre-established footprint of the outbuildings on the site. Nevertheless, adequate space is available between the dwellings (in the centre of the site) for landscaping. The garage to Dwelling 2 is constructed to the south boundary. However, it is noted that the adjoining dwelling to the south is set back approximately 1.5m from the common boundary, which maintains separation between building forms to the street. Additionally, although Dwellings 1 and 2 are attached along Fulham Road, there are similar attached dwellings to the south of the site. It is also noted that Dwelling 1 is set back adequately from the north common boundary, providing ample separation to the streetscape. Therefore the setbacks accord with the setbacks in the area, adequately maintaining the rhythm of dwelling spacing within the streetscape. The garages to Dwellings 1 and 3 are set behind the front dwellings and are acceptable in that they do not present dominant features. Dwelling 2 has a garage interfaced with the street. However, it is a single garage and takes up a small proportion of the façade, so that

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it is not an overly dominant feature and appropriately minimises the impact of car storage facilities on the streetscape. The proposal provides two (2) crossovers to the frontage, taking up 9 metres of the street frontage. This is excessive and must be addressed by reducing the width of the northern crossover to a single (3 metre wide) crossover, which will also reduce impact on parking. The dwellings’ presence to the street and side setback could also be enhanced by adopting a design approach where the first floor is less dominant. This may involve reducing ceiling heights at first floor level. Complies subject to condition

Height and building form/Frontage width

The predominant height of buildings in the street is single storey, however there are a number of double storey dwellings in the area. The proposed development is for double- storey dwellings, which have been designed to minimise visual bulk, with first floors smaller than the ground floor envelope and setting the upper floors back from the front wall of the dwellings. The upper floors are set back approximately one (1) room from the façade, so that the single storey streetscape façade is maintained. The design includes adequate setbacks at the upper floor levels to provide articulation and separation. The development is not out of scale with the nearby buildings and does not dominate the streetscape, as it presents a graduated increase in height over adjoining single storey buildings. Although the design clearly provides two (2) dwellings to the front, these are provided in a single building form, which is acceptable (noting that other siting and design requirements are met). However, this may be further improved by requiring a low and transparent fence between Dwellings 1 and 2 (within the street frontage setback). Complies subject to condition

Materials and design detail

The materials – brick, render and lightweight cladding and tiles are considered appropriate within the neighbourhood context. The form and facades of the proposed dwellings are adequately articulated through the materials, openings and setbacks and appropriately address the traditional designs of dwellings in the area. Notwithstanding the above, it is considered that the façade must be improved to be more respectful of the surrounding building form (including but not limited to replacing of parapets with pitched roofs). Complies subject to condition

Front boundary treatment

A low front fence is proposed, which will allow an unrestricted view of the garden and dwellings behind. Complies

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CLAUSE 55 ASSESSMENT

The proposal generally complies with the objectives of Clause 55 of the Darebin Planning Scheme, subject to conditions, as outlined below.

Standard B1 - Neighbourhood Character

This element has been considered above in the Neighbourhood Character Guidelines Assessment and complies subject to condition. Although the development provides double storey dwellings extending into the rear yard area, the design provides significant breaks between buildings both at ground and upper floor levels, with space for landscaping in the centre of the site. It is considered that the setbacks are acceptable, the proposal provides landscaping, ensures a graduated increase in height and addresses visual bulk with recessive upper floor elements and articulation. Subject to conditions relating to façade design, landscaping and crossovers, the proposal is considered to be appropriate for the site and area. Complies subject to condition

Standard B6: Street Setback

The adjoining front setback to the north is 5.8 metres and 7.6 metres and the setback of the dwelling to the south is 10.5 metres. The standard therefore requires a front setback of 8.15 metres. The front setback is 8.25 metres to 8.4 metres and complies with the standard. Complies

Standard B7: Building Height

The proposed dwellings are to have a maximum height of 7.23 metres which complies with the standard requiring a maximum height not exceeding 9 metres. Complies

Standard B8: Site Coverage

The area covered by buildings should not exceed a site coverage of 60%. The site coverage is 46.59%. Complies

Standard B9: Permeability

To reduce the impact of increased stormwater run-off on the drainage system and to facilitate on-site stormwater infiltration, at least 20% of the site should be permeable. Permeability is 35.84%, as confirmed by the applicant. Complies

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Standard B13: Landscaping

Standard B14: Access

Vehicle access to and from the site is generally safe, manageable and convenient. Vehicles at the rear are not required to exit/enter in a forward direction, however this has been provided in the design. The width of the access way is 3 metres. There are to be two (2) crossovers to the street, where the crossovers take up 44.7% i.e. greater than the 33% standard requirement. This must be addressed by a condition on any approval requiring a reduction in the width of the northern crossover to a maximum 3.0 metres. Complies subject to condition

Standard B16: Parking Provision

Dwelling 1 has two (2) bedrooms with access to a single garage, which complies with the standard. Dwelling 2 has three (3) bedrooms with access to a single garage and a tandem car space, which is acceptable. Dwelling 3 has three (3) bedrooms and access to a double garage, which is acceptable. The garage and car space dimensions comply with the Standard. The access to the garages of Dwellings 2 and 3 are acceptable, however access dimensions to the garage of Dwelling 1 are to be confirmed by condition as pedestrian does swing into, as appropriate out of the garage. Complies, subject to condition

Standard B17: Side and Rear Setbacks

Ground floor

Boundary Wall height Required Proposed (metres) Setback setback (metres) Dwelling 1 – North 3.6 1.0m 4 Dwelling 2 – South 3.6 1.0m 1.2

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In the assessment above, the walls to Dwelling 3 and boundary walls to Dwellings 1 and 2 are not included as they are boundary walls and addressed below under Standard B18. First Floor

Boundary Wall height Required Proposed (metres) Setback setback (metres) (metres) Dwelling 1 – North 6.1 1.75 4.65 Dwelling 3 – North 5.8 1.66 3.74 Dwelling 2 – South 5.85 1.67 1.8 Dwelling 3 – South 5.8 1.66 3.64 Dwelling 3 – West 5.8 1.66 1.8

Complies

Standard B18: Walls on Boundaries

The standard requires that a wall be of a length of no more than 10 metres plus 25% of the remaining length of the boundary of an adjoining lot, and a height not exceeding an average of 3.0 metres.

Boundary and length Maximum length Proposed length (metres) allowable (metres) Northern boundary – 17.56 6.5 garage of Dwelling 3 Southern boundary – 17.56 12.06 garage of Dwelling 2 and living area of Dwelling 3 Western boundary – 12.53 20.12 Dwelling 3

The walls to the north and south boundaries have an acceptable length, well below the standard requirement. Although the wall to the west exceeds the standard, this wall is considered to be acceptable in that: • The adjoining property to the west is not residential and is used as a childcare centre, so that the amenity impacts are lesser. • The proposed wall replaces a substantial outbuilding with an existing brick wall to this boundary. • The length and height of this wall is consistent with, and approved under the existing permit (D358/2009) allowing the construction of Dwelling 3. • The wall will not impact on the amenity of any residential use.

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• The wall is at the rear and does not impact on the streetscape character. The boundary walls to Dwelling 3 to the rear have an average height of 3 metres and comply with the Standard. However, the garage to Dwelling 2 has an average height of 3.3 metres and exceeds the Standard. Given that this wall abuts a residential property and is visible from the street, it is considered that it should be reduced to a maximum average of 3 metres by a condition on any approval. Complies, subject to condition

Standard B20: North Facing Windows

There are two (2) north-facing habitable room windows within 3 metres of the common south boundary and one (1) non-habitable room window. Given a proposed wall height for Dwelling 2 of 5.8 metres and a setback from the southern boundary of only 1.8 metres, the development does not comply. The first floor must be setback 2.25 metres from the southern boundary. Complies subject to conditions

Standard B21: Overshadowing

Overshadowing of adjoining open space meets the standard and objective. Overshadowing of neighbouring property to the south by the proposed dwellings is minimal, with at least 40m² of neighbouring dwelling’s secluded private open space with a minimum dimension of 3.0 metres, or 75% (whichever is the lesser) receiving a minimum of five (5) hours sunlight between 9am and 3pm on 22 September. Complies

Standard B22: Overlooking

The proposed ground floors have finished floor levels less than 0.8 metres above natural ground level at the boundary and the existing boundary fences will obscure overlooking. In addressing the upper floor windows, the following is noted: North: There is no north facing upper floor windows. These are however recommended by way of a permit condition though designed to prevent overlooking. South: There is a south facing en-suite window to Dwelling 2, which should be screened to limit downward views. East: The east facing windows of Dwellings 1 and 2 will overlook the street and are acceptable. The east facing upper floor windows of Dwelling 3 will have louvred screens to 1700mm (noting the bathroom window will not have an unreasonable view of the adjoining properties). West: The west facing upper floor windows of Dwellings 1 and 2 will have louvred screens to 1700mm and are acceptable. The west facing windows of Dwelling 3 are highlight windows, however the sill heights are to be noted on plans to be 1700mm or greater. Complies subject to condition

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Standard B28: Private Open Space

The development provides adequate private open space for the reasonable recreation and service needs of residents. Total POS Secluded POS Minimum dimension of secluded POS Dwelling 1 121.7m² 40.1m² 5.3 metres (including front yard) Dwelling 2 48.8m² 28.8m² 3.6 metres (including front yard) Dwelling 3 43.5m² 40.26m² 4.4 metres

All secluded private open space areas have direct access to a living room. Complies

Standard B31: Design Detail

The brick, render, weatherboard materials and tiled roof are considered appropriate within the neighbourhood context. The design provides façade articulation with acceptable window and door proportions, eaves and roof forms. In addition garages are designed to be visually compatible with the development and the existing or preferred neighbourhood character. Notwithstanding the above, it is considered that the façade must be improved to be more respectful of the surrounding building form (including but not limited to replacing of parapets with pitched roofs). Complies subject to condition

Standard B32: Front Fences

A low front fence is proposed, which will allow an unrestricted view of the garden and dwellings behind. However the height and full details of the fence are required to be shown on plans. Complies subject to condition

POLICY IMPLICATIONS

Environmental Sustainability

All new dwellings are required to achieve a minimum six (6) star energy rating under the relevant building controls.

Social Inclusion and Diversity

Nil

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Other

Nil

FINANCIAL AND RESOURCE IMPLICATIONS

There are no financial or resource implications as a result of the determination of this application.

FUTURE ACTIONS

Nil

DISCLOSURE OF INTERESTS

The Manager authorising this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

RELATED DOCUMENTS

Darebin Planning Scheme Planning and Environment Act (1987) as amended.

COMMITTEE DECISION

MOVED: Cr. N. Katsis SECONDED: Cr. S. Chiang

THAT Planning Permit Application D/883/2010 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

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• The east facing upper floor bathroom window of Dwelling 3. • The south facing upper floor en-suite window to Dwelling 2. b) Windows on the north elevation of Dwelling 1 to all habitable rooms. These windows must be provided with either: • A sill with a minimum height of 1.7 metres above finished floor level, • A fixed screen with a maximum permeability of 25% to a minimum height of 1.7 metres above finished floor level or • Fixed obscure glazing (not film) with a maximum transparency of 25% to a minimum height of 1.7 metres above finished floor level. c) Section details of all louvred screening to restrict downward views to the satisfaction of the Responsible Authority. d) Increase the setback of Dwelling 2, first floor from the southern boundary to 2.25 metres. e) A reduction in the width of the northern crossover to 3.5 metres. f) Deletion of the vehicle turning area for Dwelling 3 and replacement with landscaping. Refer to Condition 5. g) The fence within the street frontage setback (between Dwellings 1 and 2) to be permeable with a maximum height of 1.2m. h) Provision of garage door opening and access way dimensions to the rear of the garage to Dwelling 1, to fully comply with Standard B16 of Clause 55.03-11 of the Darebin Planning Scheme. i) Pedestrian access doors for the garage of Dwelling 2 are to open outward from the garage. j) The southern boundary wall to the garage of Dwelling 2 is to have a maximum average height of 3 metres (with a maximum overall height of 3.6 metres), as measured above NGL. k) Alterations to the façade of Dwellings 1 and 2 to replace parapets with a pitched tiled roof, with the dwellings designed to create a recessive and less dominant visual presence of the first floor. l) A notation confirming any boundary fence / vegetation and letterbox that falls within a 2.0 - 2.5 metre pedestrian visibility splay located at the point where the driveway intersects with the footpath is to be below 1.15 metres in height. Refer also to Condition 1 e). m) The location of all plant and equipment (including air conditioners and the like). These are to be co-located where possible, screened so as not to be visible from the public realm and adjacent properties, located as far as practicable from site boundaries, baffled to prevent noise transmission to adjacent properties and integrated into the design of the building. n) A comprehensive schedule of construction materials, external finishes and colours (including colour samples). o) A Landscape Plan in accordance with Condition No.5 of this Permit, with provision of at least one (1) canopy tree within each private open space area.

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When approved, the plans will be endorsed and form part of this Permit.

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

a) Details of all existing trees to be retained and all existing trees to be removed, including overhanging trees on adjoining properties. The genus, species, height and spread of all trees must be specified b) A planting schedule of proposed vegetation detailing the botanical name, common name, size at maturity and quantities of all plants c) Details of all surfaces including lawns, mulched garden beds and hard paving (such as asphalt, concrete, brick or gravel) d) Street trees within the nature strip/s adjacent to the property e) All constructed items including retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting, clotheslines etc f) Edge treatment between grass (lawn) and garden beds g) An outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the subject site must also be shown h) The location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided i) Clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers

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j) A scale, North Point and appropriate legend. The species of all proposed plants selected must be to the satisfaction of the Responsible Authority.

10. Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority.

11. The land must be drained to the satisfaction of the Responsible Authority.

14. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority.

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15. Before occupation of the development, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be: a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced; and d) Drained to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

CARRIED

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5.4 APPLICATION FOR PLANNING PERMIT D/776/2010 1/62 Oakover Road, Preston

AUTHOR: Principal Planner – Robert Shatford

DIRECTOR: Director City Works and Development – Michael Ballock

OWNER/APPLICANT/CONSULTANT:

Applicant: F.R. Perry & Associates Level 13 30 Collins St MELBOURNE VIC 3000

Owner: D H Foods Pty Ltd 341 Victoria St BRUNSWICK VIC 3056

Consultant: F. R. Perry & Associates Level 13, 30 Collins Street MELBOURNE VIC 3000

SUMMARY: • Application proposes the development of 49 residential dwellings within a five (5) storey residential building with two (2) basement levels of car parking and demolition of the existing concrete tilt-panel and glass commercial buildings that occupy the site. • The following table is a comprehensive breakdown of the development;

Floor Dwellings Car No. of 1 No. of 1 No. of 2 Communal parking bed bed + beds. area study Basement 2 - 19 - - - - Basement 1 - 19 - - - - Ground 1 10 - - 1 Lobby, Waste and bicycle parking First 13 - 1 4 8 - Second 13 - 1 4 8 - Third 13 - 1 4 8 - Fourth 9 - 1 4 4 62.7m²

• Access / egress to the site will continue from Oakover Road via a new vehicle crossover. • Built form will echo a commercial form utilising brick, concrete, zincalume custom orb, render and glass finishes. Selected colour themes will introduce character and interest

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into the development to distinguish it as a new, non-commercial element in the streetscape. • Each dwelling is offered a small balcony, in addition to the larger shared outdoor area available on level 4. • No restrictive covenants are registered against the title. • A drainage and sewerage easement of width 1.83 metres is situated against the eastern property boundary. The development will not encroach within the easement. • Recommendation – That the application be supported and a Notice of Decision be granted.

CONSULTATION: • Public notice was given by way of a sign to the front of the property and notices to 73 land owners and tenants. • 12 objections were received. • No consultation meeting was held as there was no opportunity to reconcile all concerns raised. • Referral comments were sought from Council’s Capital Works and Transport Management units and externally, Melbourne Water.

RECOMMENDATION

THAT Planning Permit Application D/883/2010 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

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planter must be designed to maintain adequate sight lines in accordance with AS2890.1:2004. c) The ground and lower ground level car park and accessways provided with a minimum height clearance of 2.2 metres measured to the underside of any ductwork / piping to the satisfaction of the Responsible Authority. d) Any modifications in accordance with the Environmentally Sustainable Development Management Plan (Refer to Condition No. 6 of this Permit); e) Any modifications in accordance with the Acoustic Assessment (Refer to Condition No. 8 of this Permit). f) A single communal antenna for the development (refer also to Condition No. 11 of this Permit). The location of the antenna must be shown on the roof plan and elevations. The height of the antenna must be nominated. g) A landscape plan in accordance with the requirements of Condition 12. When approved, the plans will be endorsed and form part of this Permit. 2. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. 3. This Permit will expire if: a) The development does not start within three (3) years from the date of this Permit; or b) The development is not completed within five (5) years of the date of this Permit. The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date.

4. Before the development starts, a Waste Management Plan, must be submitted to and approved by the Responsible Authority. The approved plan must be implemented to the satisfaction of the Responsible Authority. The plan must provide the following details of a regular private waste collection service (including recyclables) for the subject land including: a) Collection of waste bins from within the confines of the ground floor car park (bins must not be placed in the bin collection area originally shown on plan ref no. TP204) ; b) Type/size of trucks; and c) Times/days for waste collection consistent with Condition 16 to the satisfaction of the Responsible Authority. 5. Before the development starts, an Environmentally Sustainable Development Management Plan (ESD Management Plan) prepared by a suitably qualified professional must be submitted to and approved in writing by the Responsible Authority. a) The ESD Management Plan must address: - Energy Management; - Water Conservation and Re-use; and - Demolition and Construction Waste Management.

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b) Where appropriate, the ESD Management Plan should: - Identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards; - Document the means by which the appropriate target or performance will be achieved; - Identify responsibilities and a schedule for implementation, and ongoing management, maintenance and monitoring; and - Demonstrate that the design elements, technologies and operational practices that comprise the ESD Management Plan can be maintained over time. A schedule for implementing and monitoring the ESD Management Plan must be included. The approved ESD Management Plan must be implemented to the satisfaction of the Responsible Authority. 6. Before the buildings and works commence, either: • A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970; or, • An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the use.

In the event that a statement is issued in accordance with Part IXD of the Environment Protection Act, before the development is occupied all conditions of the Statement of Environmental Audit must be complied with to the satisfaction of the Responsible Authority. Written confirmation of compliance with the conditions of the Statement of Environmental Audit must be provided by a suitably qualified environmental professional. If the conditions of the Statement of Environmental Audit require ongoing maintenance or monitoring, before the development is occupied the owner of the land must enter into an Agreement with the Responsible Authority under Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority to the effect that, without the written consent of the Responsible Authority: • All conditions of the Statement of Environmental Audit issued in respect of the land will be complied with to the satisfaction of the Responsible Authority. Written confirmation of compliance with the conditions of the Statement of Environmental Audit must be provided by a suitably qualified environmental professional. A memorandum of the Agreement must be entered on the Title to the land and the owner must pay the costs of the preparation and execution of the Agreement and entry of the memorandum on Title . 7. Prior to the issue of a building permit for any building or any works authorised by this permit, a development levy must be paid to Darebin City Council. The amount of the development levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay. 8. Before the development starts, an Acoustic Assessment of the development, to the satisfaction of the Responsible Authority, must be submitted to the Responsible

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Authority. The assessment must be prepared by a suitably qualified acoustic engineer and must detail recommended treatments of the development and/or the adoption of appropriate measures to ensure that: a) Noise emissions associated with the operation of surrounding and nearby non- residential uses and traffic do not impact adversely on the amenity of the dwellings. b) The design of habitable rooms of all dwellings to limit internal noise levels to a maximum of 35 dB(a) in accordance with relevant Australian Standards for acoustic control (including AS3671-Road Traffic). c) Noise emissions from the development (including the operation of plant, transmission of noise between dwellings and the use of the car park) do not impact adversely on the amenity of dwellings within the development and neighbouring residential properties. The development must be constructed in accordance with the requirements/recommendations of the approved Acoustic Assessment to the satisfaction of the Responsible Authority. 9. All dwellings that share dividing walls and floors must be constructed to limit noise transmission in accordance with Part F(5) of the Building Code of Australia. 10. Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority. 11. Only one (1) communal television antenna may be erected on the building. Individual antennae for individual dwellings/tenancies must not be erected. 12. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and must incorporate: a) Landscape details including treatments and finishes to the easement between the eastern edge of the building and property boundary and how this area will be maintained; b) A planting schedule of proposed vegetation for all planter pots and garden beds detailing the botanical name, common name, size at maturity and quantities of all plants. c) The planting of street trees of species to the satisfaction of the Responsible authority within the nature strip fronting the property. d) A scale, North Point and appropriate legend. The species of all proposed plants selected must be to the satisfaction of the Responsible Authority. 13. The landscaping as shown on the endorsed Landscape Plan must be completed to the satisfaction of the Responsible Authority before the development is occupied and/or

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the use starts or at such later date as is approved by the Responsible Authority in writing. No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed. 14. The landscaping as shown on the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority. 15. Collection of waste must be conducted so as not to cause any unreasonable disturbance to nearby residential properties and may only take place during the following times: a) Monday to Friday: 7:00am to 8:00pm b) Saturday and Sunday: No collection allowed to the satisfaction of the Responsible Authority. 16. Waste storage and collection must be undertaken in accordance with the approved management plan and must be conducted so as to minimise effects on the amenity of the surrounding area. 17. Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority. 18. All buildings and works must be maintained in good order and appearance, free of grafitti, to the satisfaction of the Responsible Authority. 19. The development must be drained to the satisfaction of the Responsible Authority. 20. With the exception of guttering, rain heads and downpipes; all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority. 21. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority. All rooftop plant and equipment must be visually screened from the public realm. 22. All outdoor lighting must be designed, baffled and located to prevent light spill from the site causing undue detriment to the locality, to the satisfaction of the Responsible Authority. 23. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority. 24. Before occupation of the development, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be: a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced with an all weather sealcoat; d) Clearly line marked to indicate each car space and the direction of traffic flow (accessibility parking bay must be marked in accordance with the internationally recognised symbol); and e) Drained to the satisfaction of the Responsible Authority.

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Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

MELBOURNE WATER CONDITIONS 25. Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water’s drains or waterways. 26. The ground floor for the building must be constructed with finished floor levels a minimum of 300mm above the applicable grading flood level. 27. The entry / exit driveway of the basement car park must incorporate a flood proof apex and a bund wall to a minimum height of 300mm above the applicable grading flood level. 28. All doors, windows, vents and openings to the basement car park (except for the entry / exit driveway) must be a minimum of 300mm above the applicable grading flood level. 29. The drainage system to the basement area must be designed such that floodwater is unable to penetrate the basement. 30. Prior to the commencement of works, a separate application direct to Melbourne Water must be made for any new or modified storm water connection to Melbourne Water’s drains or watercourses. 31. The layout of the site, design and location of buildings and works as shown on the submitted plans must not be altered without the prior written consent of Melbourne Water.

YARRA VALLEY WATER 32. The owner of the subject land must enter into an agreement with Yarra Valley Water for the provision of water supply. 33. The owner of the land must enter into an agreement with Yarra Valley Water for the provision of sewerage.

REPORT

INTRODUCTION AND BACKGROUND

Previous applications relating to the site but having no affect on the determination of this application include: • D/669/2000 – Construct two (2) warehouses • EOT/38/2004 – Extension of time (to permit D/669/2000); • D/337/2005 – A two (2) lot staged subdivision as shown on the plans accompanying the application

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ISSUES AND DISCUSSION

Subject site and surrounding area • The site known as 62 Oakover Road, Preston (Lot 11, PS328956E) is situated on the north side of Oakover Road, a short distance west of St Georges Road and is occupied by food wholesalers, D H Food Pty Ltd. • Lot 11 is one (1) of 12 lots on the plan of subdivision which benefits from common parking situated towards the centre of the parent property. • The site, and the immediately adjoining land is zoned Mixed Use, whilst opposite the site and further to the west is Residential 1 zoned land. • An Environmental Audit Overlay, Special Building Overlay and Development Contributions Plan Overlay affect the land. • The site occupies 1243m² with an easement extending along the eastern boundary, 1.83 metres width for the purpose of drainage, sewerage and water supply. • The site is an irregularly dimensioned polygon represented by the following characteristics: - Frontage to Oakover Road of 30.80 metres; - Depth of 47.22 metres; - Total area 1243m² ; - Long axis orientated on a north – north-east / south – south-west alignment; - The site is essentially flat; - Existing building is concrete tilt panel of circa 1990s. This building offers minimal activation of the public realm. • Oakover Road is a local street with a broken centre line and unrestricted parking either side of the carriageway. • Adjoining land in the streetscape comprises: - To the south, residential characterised by a streetscape of intact double fronted bungalows; - To the north, east and west, commercial tenancies. These existing tenancies essentially turn their back to the street and are disguised by high non-transparent walls or otherwise do not positively contribute to the built character of the locale. - Parkland incorporating a playground is situated to the corner of Oakover and St Georges Roads. • The Epping railway line is situated 470 metres to the east of the subject site and buses are available in St Georges Road, 150 metres to the east of the site. • The South Preston activity centre as identified in Council’s Retail Activity Centres Strategy (March 2005) is situated 690 metres to the east of the site comprising a supermarket and numerous convenience outlets and is within easy walking distance of the site. The Bell Street shopping precinct is a similar distance from the site and Preston Central, approximately 1km from the site. • Bell Primary School is located 250 metres to the west of the site at the corner of Oakover Road and Scotia Street.

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Proposal • The application involves the demolition of the existing buildings and construction of a five (5) storey residential building with basement level car parking. • The building presents as four (4) storeys to Oakover Road, the 5 th floor sufficiently recessed behind lower levels to lessen the visual scale in the streetscape. • Total building height excluding lift overrun is 17 metres. • The building consists of 49 residential units of one (1) and two (2) bedrooms, some inclusive of a study. • 49 parking spaces will be provided at basement levels in addition to 39 bicycle parking spaces.

OBJECTIONS

• 12 objections were received.

Objections summarised

• Neighbourhood character / building scale / height • Overlooking • Overshadowing • Reduction in car parking / Traffic congestion / Inadequate public transport / Cannot assume control of car parking under lease arrangement with body corporate • Waste collection (affects of) • Flooding of building • Amenity / Noise from air conditioners • Precedent • Inadequate setback from Oakover Road • High density development • Not located near an activity centre • Affect of construction on adjoining sites (excavation, parking etc) • Disruption of business.

Officer comment on summarised objections

Neighbourhood character / building scale / height / high density development The design response is a considerable shift from the predominant residential form, character and scale of development along Oakover Road. The design however is perhaps more relevant in the immediate context of the north side of Oakover Road, in which it will be viewed against. In this instance, the design response provides a bold element broken up through the use of consistently aligned box and saw tooth roof elements. This articulation assists in softening the visual mass and scale that might otherwise be associated with the

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building. The effects of the building height typically give rise to concerns of overlooking and overshadowing. Neither of these are proven to affect the amenity of residential dwellings.

Overlooking The development complies with the overlooking principles of Clause 55.05-6. Windows and balconies are positioned more than 18 metres from the nearest private open space or habitable room windows of a residential property.

Overshadowing Despite the building’s height, overshadowing will not interfere with solar access to the secluded open space of neighbouring residential properties at the March / September equinox or to the roof of site tenant 6 where solar panels are proposed. Only in the early morning will shadow extend across into the front yard of 29, 31 and 33 Oakover Road.

Reduction in car parking / Traffic congestion / Inadequate public transport / Cannot assume control of car parking under lease arrangement with body corporate Each dwelling is allocated one (1) parking space according with the requirements of Clause 55.03-11 of the Darebin Planning Scheme. Additional traffic generated from the development is unlikely to contribute to an unreasonable traffic load on the existing road network.

10 visitor parking spaces allocated through this application above tenancy 9 (on PS382956E) are situated on common ground and available for the shared use of tenants of 62 Oakover Road.

Public transport is within walking distance of the subject land.

Waste collection (affects of) A waste facility is provided at ground floor with a bin collection area open and visible to the street, east of the proposed crossover and immediately adjacent the footpath. This outcome is not appropriate and has the potential to result in bins being left out for longer than necessary, affecting the amenity of pedestrians and residents above this area through odour and general visual clutter. Bin collection should occur by a private contractor within the boundaries of the site. The area identified for bin collection should instead be landscaped or appropriately treated to provide a soft edge to the public realm whilst maintaining sight lines over the existing footpath from egressing vehicles.

No waste management plan accompanied the application though one would be required as a condition of any Notice of Decision that may issue.

Flooding of building Melbourne Water have identified that the probability for flooding of the site is 1% in any one year at a level of 53.03 metres AHD. Site levels taken at the property’s front boundary were documented at 52.12 metres AHD. Unit 1 at ground floor has a proposed FFL above the 1% flood probability level and the car park ramp has been designed to ramp up at a grade of 1:8 to a level of 53.35 metres AHD, before falling towards the lower ground car park. This grade helps to restrict flooding of the basement car park.

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Amenity / Noise from air conditioners Air conditioners, plant and equipment will be required to be both visually and aurally screened from neighbouring land. Noise emissions from the shared outdoor area will be consistent with any residential property in the precinct.

Precedent Though this development will alter the character and built scale of the Oakover Road precinct, and may be used as a catalyst for other proposals, each application must be assessed on its own merits including the specific characteristics of the site and the context within which it sits.

Inadequate setback from Oakover Road The proposed setback is consistent with the existing development on the site and other commercial premises to the west within the Mixed Use Zone. The new development essentially presents only one additional storey above the existing building occupying the site, based on building height when viewed from Oakover Road. The 5 th floor is generously setback, being obscured from Oakover Road. This transition in height helps alleviate the effects of shadowing over the road and residential properties to the south.

Not located near an activity centre The site is not located within an activity centre as identified within Council’s Retail Activity Centres Strategy (March 2005) though is within walking distance of the South Preston activity centre which includes a supermarket and small convenience outlets and Preston Central which includes the Preston Market.

Affect of construction on adjoining sites (excavation, parking etc) / Disruption of business The construction management phase is not dealt with under the Planning & Environment Act or Darebin Planning Scheme. The construction phase is not expected to inhibit the continuation of trade of adjoining tenancies.

PLANNING ASSESSMENT

State Planning Policy Framework

Clause 13.02 Floodplains

The subject land has been identified in the planning scheme through a Special Building Overlay (SBO) as being within an area subject to the 1 in 100 year flood event. The design response adopts an approach whereby the risk of damage to the property as a result of flooding is minimised.

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Clause 15.01 Built Environment and Heritage

It is policy to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity and to achieve urban design outcomes that contribute positively to the local urban character. The design response achieves this objective through: - Maintaining a commercial built form at ground floor to assimilate with the northern streetscape whilst achieving activation of the public realm at first and successive floor levels; - A design which positively contributes to the architectural form and scale of the north side of Oakover Road; - Obscuring from public view, all roof top air conditioning, plant and equipment; - Avoiding overshadowing private secluded open space and habitable room windows; - A design which minimises the effects of overlooking from primary internal living spaces; and, - Recognising the landscaped character of the residential dwellings to the south by providing articulation and a soft edge at ground floor to Oakover Road.

Refer also to commentary under Clause 22.10 response below.

Clause 15.02 Sustainable Development

The design response provides for higher residential densities at a location which benefits from convenient access to public transport and is within walking distance of high order conveniences. Further sustainable outcomes are achieved through the avoidance of borrowed light to habitable rooms and the use of solar panels.

Clause 16.01 Housing

It is policy that new housing be designed to respond to the community needs by providing affordable higher density housing developments strategically located close to transport corridors and activity centres. The development achieves these principles by: - Providing for 49 x one (1) and two (2) bedroom residential dwellings within convenient access to a Primary Neighbourhood Activity Centre (South Preston) and Preston Central; - Being within a short walking distance to the Epping Rail line and Tram Route 86 and 112; and - Providing affordable sustainable housing opportunities on a site appropriate for higher density housing.

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Local Planning Policy Framework

Clause 22.10 Residential and Mixed Use Development of 4 or More Storeys

This policy provides a specific local approach to design and built form elements of new development, building upon the objectives and principles of State urban design principles at Clause 15.01.

Sustainability - The design response minimises the use of borrowed light in habitable rooms, the exception being to the study to 43% of dwellings which have no natural light access. - Open plan living and bedrooms with opening windows on to balconies improve cross flow ventilation. - Glazing at the end of hallways filter light into main corridors and provide for ventilation. - Solar panels are positioned on the east slope of the roof.

Design and Materials - The wider neighbourhood, as opposed to the site, is contained within a local heritage precinct (HO168) characterised by double fronted bungalows and a relatively consistent front setback. The proposed façade involves a juxtaposition of materials and design forms to build positively on the commercial streetscape which makes up the north side of Oakover Road however the form and materials will not reflect the heritage elements of the southern side of the street – it is undoubtedly, a bold commercial form though works effectively in the streetscape and context. - The façade is articulated through the use of porticos, balconies and the saw tooth roof format. - The building has a number of blank walls which are exposed to graffiti and any permit to issue should be conditioned accordingly to manage this risk. - The 3 rd floor is treated with alternative cladding materials creating a more recessive element and softening the bold elements of 1 st and 2 nd floors. - The 4 th floor is recessed nine (9) metres behind lower levels shadowing lower floors, as opposed to residential land to the south. - All roof top plant and equipment are visually screened from neighbouring land.

Building Height - The building height is 17 metres as viewed from the side elevations, 19.3 metres inclusive of the lift well (though not visible from neighbouring land). The existing building occupying the site has a height of approximately 10 metres, as does other commercial properties within the same Owner’s Corporation. Residential properties south of the site have a height of approximately five (5) metres. The approach to the design response has constrained the potential effects arising from the building’s height assisting to create a built interface with the residential zone which does not give rise to an increased sense of visual mass beyond the existing development, despite the commercial and bold characteristics of the façade. - The position of the development site on the north side of Oakover Road minimises the effect of shadow being cast across residential properties and their associated secluded open space.

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Setbacks - The development provides a built edge set 2.0 metres back from the street boundary, consistent with the setback of the existing development and beyond that of other commercial development on the site. The setback helps to restrict the encroachment of shadow into the front private open space of residential properties to the south and further distances the development from residential property reducing the perceived effects of overlooking. - With the exception of the eastern property boundary where development is restricted by way of a 2 metre easement, the building has a zero setback. In these instances, the development overlooks commercial activities.

Dwelling Diversity - The development provides a range of one (1) bedroom, one (1) bedroom with study and two (2) bedroom dwellings. All are accompanied by a parking space.

Car Parking and Vehicle Access - Vehicle access to the site is via the main frontage to the site and of sufficient width to allow safe access and egress with adequate sight lines available to avoid vehicle / pedestrian conflict. - Reduction in requisite parking numbers are referred to under the response to Clause 52.06 – car parking. Though the land is not within 400 metres of a train station, it remains within convenient walking distance of this, Tram Routes 96 and 112 and the South Preston activity centre.

Street Address - The application proposes residential land uses only and though the façade is not activated at ground floor, landscaping will help to create a soft element to the streetscape picking up on the garden character of the south side of Oakover Road. - Communal outdoor space on the 4 th level is screened from the view of neighbouring residential and commercial premises.

Amenity Impacts including Overshadowing and Overlooking - The development overlooks adjoining commercial tenancies, namely car parking. - To the south, Oakover Road with a 16 metre wide road reservation separates the development from residential properties with windows and balconies recessed a further 2 metres beyond this. Street trees and trees occupying the forecourt of dwellings to the south will further assist in obscuring sight lines into the private open space of these dwellings. - There is no requirement to retrofit screening elements to the building. - The length of shadow cast will result in minimal encroachment into the forecourt of the dwellings to the southern side of Oakover Road at the equinox. The shadow will not encroach over the roof of the adjoining commercial tenancy.

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On-site Amenity and Facilities including Private Open Space - The design provides good solar access to primary habitable rooms, though the study room of a number of dwellings rely upon borrowed light. - A noise acoustic assessment will be required to identify any requisite noise attenuation measures to the proposed development. - Roof top plant and equipment will need to be both visually (as shown on plans) and aurally screened. - Each dwelling is provided a sheltered balcony exceeding 8m², save for Dwelling 3-08 which is not sheltered. The communal open space of level 4 is partly sheltered from the weather providing a universal all-weather entertaining area.

Waste Management - A waste management plan will be required as part of any approval which may issue. - Waste disposal and storage is via a waste area assigned in the ground floor car park with a bin collection area identified at the street frontage. The bin collection area should be deleted due to potential odour effects upon the amenity of the street with collections occurring from within the confines of the site.

Equitable Access - A 1:14 pedestrian ramp provides wheelchair access from Oakover Road to the ground floor lobby and from the car park to internal areas.

Utility Services - Any upgrades to utility services to accommodate the proposed development will be at the cost of the land developer.

In addition to the above, the application has been demonstrated to achieve the substantive requirements of the State government’s Guidelines for Higher Density Residential Development (2004).

Zones

Clause 32.04 – Mixed Use

The subject land is zoned Mixed Use (MUZ) under the Darebin Planning Scheme. The purpose of the MUZ is amongst other matters: • To provide for a range of residential, commercial, industrial and other uses which complement the mixed-use function of the locality; and, • To encourage residential development that respects the neighbourhood character.

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Clause 44.05 – Special Building Overlay

The site is affected by a Special Building Overlay (SBO). The purpose of the SBO is amongst other matters: • To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.

The application was referred to Melbourne Water and Yarra Valley Water. Neither authority offered objection to the application though identified the flood level at 53.03m AHD occurring with a 1% probability on an annual event. Ground floor is elevated to ensure that any habitable space sits above the nominated flood level. The car park is designed with the ramp graded up to 53.35m AHD before grading down thereby redirecting flows back into the public realm.

Clause 45.03 – Environmental Audit Overlay

The site is affected by an Environmental Audit Overlay (EAO). The purpose of the EAO is amongst other matters: • To ensure that potentially contaminated land is suitable for a use which could be significantly adversely affected by any contamination.

The permit application was not accompanied by a certificate of environmental audit. A condition of any approval will require the relevant certificate or statement sought by Clause 45.03-1 be submitted to Council prior to the commencement of occupation.

Clause 52.06 – Car Parking

The development comprises 49 dwellings and 49 parking spaces provided over multiple levels.

As the development exceeds four (4) storeys, the alternate provisions of Clause 55.03-11 (car parking) typically used to calculate car parking requirements for medium density housing does not apply in this instance though the nature of the development and its location lends itself to consideration of the lesser requirements under 55.03-11 which is more representative of parking demand. This approach has been ‘generally’ accepted by VCAT.

The table to Clause 52.06 applies a standard rate of parking for various land uses, relevant as follows:

Use Ratio No. of Total Required Dwelling 2 spaces / dwelling 49 98

As proposed, the development offers 49 spaces to residents amounting to a shortfall of 49 spaces. 10 visitor spaces are provided on common ground.

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Using the ResCode ratio of 55.03-11, the following requirements would apply:

Dwelling size Ratio No. of Total Required 1 and 2 bedroom 1 space / 1 dwelling 49 49 Visitors 1 space / 5 dwellings 49 10 Total 59

Note that the dimensions of the proposed ‘study’ within dwellings is inadequate to be considered a bedroom in its own right.

The shortfall applying the ResCode requirements is 10 spaces.

In considering the variation of parking requirements, it must be assessed based upon the provisions applicable under 52.06 as the statutory trigger for car parking. Clause 52.06-1 allows a variation to the parking requirement subject to the following decision guidelines:

Any relevant parking precinct plan

Not applicable.

The availability of car parking in the locality

Indented parking bays exist along the northern side of Oakover Road in addition to parking identified as being available on common ground within the parent property.

The availability of public transport in the locality

The subject site is within walking distance of the Epping rail line and Thornbury station. Tram Route 112 is accessed from St Georges Road and Route 86 is available from High Street. Buses also frequent Bell Street.

Any reduction in car parking demand due to the sharing of car spaces by multiple uses, either because of variation of car parking demand over time or because of efficiencies gained from the consolidation of shared car parking spaces

Common ground benefitting each tenancy created by plan of subdivision 382956 comprises an extensive area of car parking. Site inspections have revealed that these areas are not being fully utilised and there is ample space to accommodate visitor’s vehicles.

Any car parking deficiency or surplus associated with the existing use of the land

Refer to above.

Any credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirements

The existing warehouse occupies a footprint of approximately 1000m². With a car parking requirement of 1.5 / 100m² for a warehouse, 15 parking spaces are required, though only two (2) usable spaces are available on the site. The site therefore has an existing credit of 13 spaces. The credit is off-set through parking on common property which this application proposes with its visitor parking.

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Local traffic management

The proposed reduction in car parking ratios will not unreasonably compromise traffic flow in the precinct.

Local amenity including pedestrian amenity

The reduction in parking provision will not increase the risk to pedestrian safety or amenity.

An empirical assessment of car parking demand

It has been demonstrated in the application submitted to Council that based on ABS data, 42% of one (1) bedroom households do no own a vehicle and 24% of all two (2) bedroom households do not own a vehicle. These statistics, coupled with the site’s accessibility to public transport and local convenience and activity centres suggest that prospective tenants will have a reduced car ownership rate. Using these statistics, of the 20 one (1) bedroom dwellings, tenants of eight (8) of these dwellings will not own a vehicle / require a parking space and for the 29 two bedroom dwellings, seven (7) will not require a parking space. Total parking requirements for the development would therefore equate to 34 (49 units less 15 no-vehicle tenant). 49 spaces are provided.

Any other relevant consideration

Visitor parking spaces have been previously accepted by VCAT at a rate of .12/dwelling in dwelling developments necessitating the provision of six (6) spaces on-site. As visitor parking is typically short-term and will in the most part be outside business hours, adequate on-street parking in Oakover Road exists to meet the perceived demand as proven in the applicant’s traffic report, should the Owners’ Corporation rule the visitor parking not be provided on-site.

Based on the above assessment, it is considered reasonable to grant consent to the variation to the parking requirements of clause 52.06.

The proposed car parking numbers satisfy the requirements of Council’s Traffic Management Unit.

Clause 52.34 – Bicycle Facilities

The table to clause 52.34 requires that resident cycle parking be provided at a rate of one (1) space per five (5) dwellings and for visitors, one (1) space per 10 dwellings.

Total requisite spaces for the proposed 49 dwellings is 10 for residents and five (5) for visitors.

11 bicycle parking spaces have been provided for visitors adjacent to the front entrance to the site, 39 secure spaces are provided for residents within a bicycle room at ground floor with convenient access from Oakover Road.

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POLICY IMPLICATIONS

Environmental Sustainability

All new dwellings are required to achieve a minimum six (6) star energy rating under the relevant building controls.

Social Inclusion and Diversity

Nil

Other

Nil

FINANCIAL AND RESOURCE IMPLICATIONS

There are no financial or resource implications as a result of the determination of this application.

FUTURE ACTIONS

Nil

DISCLOSURE OF INTERESTS

The Manager authorising this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

RELATED DOCUMENTS

Darebin Planning Scheme and the Planning and Environment Act 1987 as amended.

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COMMITTEE DECISION

MOVED: Cr. V. Fontana SECONDED: Cr. N. Katsis

THAT Planning Permit Application D/883/2010 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application (identified as Project No. 00010515, Dwg No’s. TP000 – TP008, TP101-TP106, TP200-TP207,TP300-TP304, TP311-TP313 and TP801, Drawn by dKO Architecture Pty Ltd, Dated 06/2011) but modified to show: a) Detail designs of the proposed car park including: i The vehicle crossing to be 5.5 metres wide as per Council’s standard double vehicle crossover; ii The security gate (vehicle control point) to be setback at least 6.0 metres from the public footpath, to allow for free flowing of traffic and pedestrians where vehicles are waiting to enter the property; iii How vehicles / people will be prevented from falling from the different levels at parking spaces 033 / 034 / 035 / 036 and 013 / 014 / 016 / 017. The redesign must show compliance with AS2890.1 Section 2.4.5; and, iv Control equipment (controlling access to and egress from the internal / basement car parks). b) Planter pots with appropriate plant / tree species to provide a ‘green element’ to the south elevation, ground floor in the area identified for ‘bin collection’. The planter must be designed to maintain adequate sight lines in accordance with AS2890.1:2004. c) The ground and lower ground level car park and accessways provided with a minimum height clearance of 2.2 metres measured to the underside of any ductwork / piping to the satisfaction of the Responsible Authority. d) Any modifications in accordance with the Environmentally Sustainable Development Management Plan (Refer to Condition No. 6 of this Permit); e) Any modifications in accordance with the Acoustic Assessment (Refer to Condition No. 8 of this Permit). f) A single communal antenna for the development (refer also to Condition No. 11 of this Permit). The location of the antenna must be shown on the roof plan and elevations. The height of the antenna must be nominated.

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g) A landscape plan in accordance with the requirements of Condition 12. h) The provision of a suitable mechanism/s to drain the basement in the event of flooding. When approved, the plans will be endorsed and form part of this Permit. 2. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. 3. This Permit will expire if: a) The development does not start within three (3) years from the date of this Permit; or b) The development is not completed within five (5) years of the date of this Permit. The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date.

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- Demonstrate that the design elements, technologies and operational practices that comprise the ESD Management Plan can be maintained over time. A schedule for implementing and monitoring the ESD Management Plan must be included. The approved ESD Management Plan must be implemented to the satisfaction of the Responsible Authority. 6. Before the buildings and works commence, either: • A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970; or, • An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the use.

• All conditions of the Statement of Environmental Audit issued in respect of the land will be complied with to the satisfaction of the Responsible Authority. Written confirmation of compliance with the conditions of the Statement of Environmental Audit must be provided by a suitably qualified environmental professional. A memorandum of the Agreement must be entered on the Title to the land and the owner must pay the costs of the preparation and execution of the Agreement and entry of the memorandum on Title . 7. Prior to the issue of a building permit for any building or any works authorised by this permit, a development levy must be paid to Darebin City Council. The amount of the development levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay. 8. Before the development starts, an Acoustic Assessment of the development, to the satisfaction of the Responsible Authority, must be submitted to the Responsible Authority. The assessment must be prepared by a suitably qualified acoustic engineer and must detail recommended treatments of the development and/or the adoption of appropriate measures to ensure that:

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a) Noise emissions associated with the operation of surrounding and nearby non-residential uses and traffic do not impact adversely on the amenity of the dwellings. b) The design of habitable rooms of all dwellings to limit internal noise levels to a maximum of 35 dB(a) in accordance with relevant Australian Standards for acoustic control (including AS3671-Road Traffic). c) Noise emissions from the development (including the operation of plant, transmission of noise between dwellings and the use of the car park) do not impact adversely on the amenity of dwellings within the development and neighbouring residential properties. The development must be constructed in accordance with the requirements/recommendations of the approved Acoustic Assessment to the satisfaction of the Responsible Authority. 9. All dwellings that share dividing walls and floors must be constructed to limit noise transmission in accordance with Part F(5) of the Building Code of Australia. 10. Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority. 11. Only one (1) communal television antenna may be erected on the building. Individual antennae for individual dwellings/tenancies must not be erected. 12. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and must incorporate: a) Landscape details including treatments and finishes to the easement between the eastern edge of the building and property boundary and how this area will be maintained; b) A planting schedule of proposed vegetation for all planter pots and garden beds detailing the botanical name, common name, size at maturity and quantities of all plants. c) The planting of street trees of species to the satisfaction of the Responsible authority within the nature strip fronting the property. d) A scale, North Point and appropriate legend. The species of all proposed plants selected must be to the satisfaction of the Responsible Authority. 13. The landscaping as shown on the endorsed Landscape Plan must be completed to the satisfaction of the Responsible Authority before the

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development is occupied and/or the use starts or at such later date as is approved by the Responsible Authority in writing. No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed. 14. The landscaping as shown on the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority. 15. Collection of waste must be conducted so as not to cause any unreasonable disturbance to nearby residential properties and may only take place during the following times: a) Monday to Friday: 7:00am to 8:00pm b) Saturday and Sunday: No collection allowed to the satisfaction of the Responsible Authority. 16. Waste storage and collection must be undertaken in accordance with the approved management plan and must be conducted so as to minimise effects on the amenity of the surrounding area. 17. Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority. 18. All buildings and works must be maintained in good order and appearance, free of graffiti, to the satisfaction of the Responsible Authority. 19. The development must be drained to the satisfaction of the Responsible Authority. 20. With the exception of guttering, rain heads and downpipes; all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority. 21. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority. All rooftop plant and equipment must be visually screened from the public realm. 22. All outdoor lighting must be designed, baffled and located to prevent light spill from the site causing undue detriment to the locality, to the satisfaction of the Responsible Authority. 23. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority. 24. Before occupation of the development, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be: a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced with an all weather sealcoat;

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d) Clearly line marked to indicate each car space and the direction of traffic flow (accessibility parking bay must be marked in accordance with the internationally recognised symbol); and e) Drained to the satisfaction of the Responsible Authority.

Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

CARRIED

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5.5 APPLICATION FOR PLANNING PERMIT D/726/2011 3-5 Broughton Avenue, Reservoir

AUTHOR: Principal Planner – Philip Knight

DIRECTOR: Director City Works and Development – Michael Ballock

OWNER/APPLICANT/CONSULTANT:

Applicant: Ikonomidis Reid Pty Ltd 713 Plenty Rd RESERVOIR VIC 3073

Owner: Guo Ping Tang and Ren Fen Chen 89 St David St THORNBURY VIC 3071

SUMMARY: • The proposal is for a medium density housing development comprising the construction of eight (8) dwellings over two (2) lots – consisting of six (6) double storey dwellings and two (2) single storey dwellings. • Dwellings 1, 2, 7 and 8 have two (2) bedrooms and Dwellings 3, 4, 5 and 6 have one (1) bedroom. Each dwelling has access to one (1) car parking space comprising a single garage for the two (2) bedroom dwellings and a single car space for the one (1) bedroom dwellings. • Private open space is provided as follows: - Dwelling 1 (2 bed) – 127.7m 2 including 27.9m 2 of secluded private open space; - Dwelling 2 (2 bed) – 40.0m2 of secluded private open space; - Dwelling 3 (1 bed) – 25.0m2 of secluded private open space; - Dwelling 4 (1 bed) – 38.0m 2 of secluded private open space; - Dwelling 5 (1 bed) – 38.0m2 of secluded private open space; - Dwelling 6 (1 bed) – 25m2 of secluded private open space; - Dwelling 7 (2 bed) – 40.0m2 of secluded private open space; - Dwelling 8 (2 bed) – 127.7m 2 including 27.9m2 of secluded private open space. • The Certificate of Title indicates that a restrictive covenant applies to the land. The covenant restricts excavating, making of bricks and the like. It is considered that the proposed development will not breach the terms of the covenant. • Recommendation – Notice of Decision to Grant a Planning Permit subject to conditions.

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CONSULTATION: • Notice of the application was given by posting a sign on the land and mailing of notices to affected properties. • Nine (9) objections were received against the application. • A consultation meeting was not held as it was considered that it would not result in the successful mediation of the issues. • The application was referred internally to the Capital Works Unit. The application was not required to be referred externally.

RECOMMENDATION

THAT Planning Permit Application D/726/2011 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application (identified as Ground Floor Plans and Elevations TP-04 A, First Floor Plans & Elevations TP-05 A and Elevations TP-06 A, prepared by Ikonomidis Reid and dated September 2011) but modified to show: a) The upper floors of Dwellings 2 and 3 and 6 and 7 be modified to reduce their area and ensure a break between the dwellings to reduce the impact of visual bulk on the neighbouring properties. The setbacks are to be no less than 1000mm between upper floor of Dwellings 7 and 8 and 1 and 2; no less than 1400mm between upper floor of Dwellings 6 and 7 and 2 and 3. Side boundary upper floor setbacks are to be no less than 3.5 metres for Dwellings 1 and 8, 4.8 metres for Dwellings 2 and 7, and 4.285 metres for Dwellings 3 and 6. Refer to SK 01-A, dated 2 December 2011. b) All finished floor levels to be a minimum of 300mm above Natural Ground Level within the footprint of each dwelling. Finished Floor Level must not exceed a height of 800mm above Natural Ground Level. c) Storage sheds for Dwellings 4 and 5 are to be relocated to an appropriate location to enable overland flow path to remain clear. d) A landscape plan, including at least 12 low-medium canopy trees, in accordance with Condition No. 6 of this Permit. e) Modifications in accordance with the Sustainable Design Statement (refer to Condition No. 7 of this Permit). When approved, the plans will be endorsed and form part of this Permit. 2. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. 3. This Permit will expire if either: a) The development does not start within three (3) years from the date of this Permit; or b) The development is not completed within five (5) years of the date of this Permit.

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The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date. 4. Prior to the issue of a building permit for any building or any works authorised by this permit, a development levy must be paid to Darebin City Council. The amount of the development levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay. 5. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and must incorporate: a) At least 12 suitable low to medium canopy trees b) Details of all existing trees to be retained and all existing trees to be removed, including overhanging trees on adjoining properties. The genus, species, height and spread of all trees must be specified c) A planting schedule of proposed vegetation detailing the botanical name, common name, size at maturity and quantities of all plants d) Details of all surfaces including lawns, mulched garden beds and hard paving (such as asphalt, concrete, brick or gravel) e) Street trees within the nature strip/s adjacent to the property f) All constructed items including retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting, clotheslines etc g) Edge treatment between grass (lawn) and garden beds h) An outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the subject site must also be shown i) The location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided j) Clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers k) A scale, North Point and appropriate legend. The species of all proposed plants selected must be to the satisfaction of the Responsible Authority. 6. Before the development starts, a Sustainable Design Statement detailing sustainable design strategies to be incorporated into the development to the satisfaction of the Responsible Authority must be submitted to, and approved in writing by the Responsible Authority. The sustainable design statement must outline proposed sustainable design initiatives within the development such as (but not limited to) energy efficiency, water conservation, stormwater quality, waste management and material selection. 7. The development must be constructed in accordance with the requirements/ recommendations of the Sustainable Design Statement to the satisfaction of the Responsible Authority.

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8. The landscaping as shown on the endorsed Landscape Plan must be completed to the satisfaction of the Responsible Authority before the development is occupied and/or the use starts or at such later date as is approved by the Responsible Authority in writing. No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed. 9. The landscaping as shown on the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority. 10. Before the development is occupied, Lots 13 and 14 on Plan of Subdivision 008679 Volume 07024 Folio 734 must be either: - Consolidated under the Subdivision Act 1988; or - Subdivided under the Subdivision Act 1988, in accordance with the plans endorsed as part of this Permit. This must be done to the satisfaction of the Responsible Authority. 11. Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority. 12. All dwellings that share dividing walls and/or floors must be constructed to limit noise transmission in accordance with Part F(5) of the Building Code of Australia. 13. Before the dwellings are occupied, an automatic external lighting system capable of illuminating the entry to each dwelling, access to each garage and car parking space and all pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority. The external lighting must be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority. 14. Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority. 15. The land must be drained to the satisfaction of the Responsible Authority. 16. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority. 17. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority. 18. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority.

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19. Before occupation of the development, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be: a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced with an all weather sealcoat; and d) Drained to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

REPORT

INTRODUCTION AND BACKGROUND

Council records indicate that there is no planning history for this site.

ISSUES AND DISCUSSION

Subject site and surrounding area • The site comprises two (2) regular shaped lots, with a combined frontage of 28.95 metres and a depth of 43.28 metres. The total site area is 1250.6 square metres. • The site is located in a Residential 1 Zone and is affected by the Development Contributions Plan Overlay – Schedule 1. • The site is located on the south side of Broughton Avenue between Spring Street to the east and Pellew Street to the west. • The site (comprising two [2] separate lots) is occupied by two (2) single storey, brick dwellings with secluded private open space and outbuildings to the rear. An existing double crossover provides vehicle access to the site, located centrally between the two (2) lots. There are several trees clustered along the rear boundary of the lot known as No. 5 and a tree in the front setback of No. 3. The site slopes approximately 630mm from north-west to south-east. A 4.5 metre wide easement extends the full length of the site and is located centrally between the lots. • To the east is a single storey, brick dwelling with secluded open space and outbuilding to the rear. A verandah to the rear of the dwelling extends to the common boundary. The dwelling is setback 1.8 metres from the common boundary and has a front setback of 7.9 metres. • To the west is a single storey weatherboard dwelling with outbuildings and secluded private open space to the rear. One (1) of the sheds in the rear yard of this property is constructed to the common boundary. The dwelling is setback 1.0 metres from the common boundary and has a front setback of 7.7 metres.

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• To the south (rear) are a double storey dwelling and a single storey dwelling at No. 4 and No. 6 Frankston Street respectively. The dwellings are well setback from the common boundary and there are no outbuildings in proximity of the common boundary. • To the north across Broughton Avenue are single storey brick dwellings with setbacks of between 6.5 metres and 7.9 metres. • The site is located approximately 140 metres from a bus stop on Spring Street associated with Bus Route 553 (Preston - West Preston via Reservoir) and approximately 500 metres from the Regent Train Station and within 900m of the Reservoir Train Station.

Proposal • The proposal is for a medium density housing development comprising the construction of eight (8) dwellings consisting of six (6) double-storey dwellings and two (2) single storey dwellings. • The development will be setback 7.8 metres from the front boundary. • The maximum height of the development is 7.5 metres to the ridge of the roof. • Dwellings 1, 2, 7 and 8 each have two (2) bedrooms and Dwellings 3, 4, 5 and 6 have one (1) bedroom. • A single space garage is provided for each of the two (2) bedroom dwellings and a single car space for each of the one (1) bedroom dwellings. • The existing double crossover located centrally between the two (2) lots is to be retained.

OBJECTIONS

• Nine (9) objections have been received.

Objections summarised • Overlooking • Walls on boundaries • Increased noise • Inadequate parking • Overshadowing • Increased density • Drainage problems • Increased traffic and associated issues.

Officer comment on summarised objections • The proposed development has been designed to limit the potential for overlooking and satisfy the Standard under Clause 55 of the Darebin Planning Scheme with upper level windows having fixed obscured glazing to a height of 1.7 metres above the finished floor level.

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• The walls that are constructed to the east, west and south boundaries satisfy the Standard for height and length under Clause 55 of the Darebin Planning Scheme. • The proposed use is residential and will have noise impacts consistent with those normal to a residential zone. Speech, laughter, music etc. are noises associated with people living their lives and are all part of life in an urban area. • Car parking has been provided on site for the dwellings in accordance with the provisions of Clause 55 of the Darebin Planning Scheme. Visitor parking has not been provided on site but given the availability of on-street parking including space for four (4) vehicles directly in front of the site and the proximity of public transport this is considered appropriate. • Additional overshadowing to adjoining properties will be reasonable and well within the Standard under Clause 55 of the Darebin Planning Scheme. • Appropriate medium density development is encouraged by both State and Local Planning Policy and whilst this policy is resisted by many, it is nonetheless a sound planning policy and needs to be supported subject to appropriate site responsive design and no unreasonable amenity outcomes. The proposed application satisfies the requirements of Clause 55 of the Darebin Planning Scheme. • The application has been referred to Council’s Capital Works Unit who is satisfied with the proposal subject to conditions that can be adequately met. • The increase in traffic movements in the street, arising from the additional dwellings is considered to be an increment that will not affect local traffic conditions.

PLANNING ASSESSMENT

NEIGHBOURHOOD CHARACTER PRECINCT GUIDELINE ASSESSMENT

The proposed development generally satisfies the design guidelines of the Neighbourhood Character Study other than as follows:

Vegetation • Established trees on the site are to be removed. • The front setback is commensurate with adjoining sites and can accommodate canopy trees. • Private open space areas of the dwellings, can accommodate a low-medium height canopy trees. • Although substantial vegetation is not a characteristic of the area, suitable trees should replace ones lost to the extent at which the site is able to accommodate them. • A landscape plan incorporating at least 12 suitable low to medium canopy trees, will be required as a condition of any approval.

Complies subject to condition

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Siting • Dwellings 3, 4, 5 and 6 are partly constructed to the side boundaries. However, these are located to the rear of the site where it is common to have buildings/outbuildings constructed to the boundary. In addition, the quantity of boundary construction is not unreasonable. • The front dwellings are setback from both side boundaries and therefore maintain the rhythm of spacing between dwellings.

Complies with objective

Height and Building Form • The upper level of Dwellings 1 and 8 have been setback from the front wall of the dwelling but not the width of a room. Given the recessive design of the upper level of the dwellings providing a high level of articulation, the development satisfies the objective as it does not present visual bulk to the street and will not dominate the streetscape. • It is considered that the upper floors of Dwellings 2 and 3 and 6 and 7 be modified to reduce their area and ensure a break between the dwellings to mitigate the impact of visual bulk. The setbacks are to be no less than 1000mm between upper floor of Dwellings 7 and 8 and 1 and 2; no less than 1400mm between upper floor of Dwellings 6 and 7 and 2 and 3. Side boundary upper floor setbacks are to be no less than 3.5 metres for Dwellings 1 and 8, 4.8 metres for Dwellings 2 and 7, and 4.285 metres for Dwellings 3 and 6. Refer to SK 01-A, dated 2 December 2011.

Complies with objective subject to condition

CLAUSE 55 ASSESSMENT

The proposed development satisfies all the objectives of Clause 55 of the Darebin Planning Scheme and generally satisfies the standards.

Standard B1 - Neighbourhood Character

This element has been considered above in the Neighbourhood Character Guidelines Assessment.

Complies subject to condition

Standard B13: Landscaping

The surrounding landscape character is generally semi mature and informal with large open spaces and spacious setbacks. The open spaces and setbacks are generally large enough to provide sufficient landscaping. A detailed landscape plan incorporating 12 low to medium canopy trees, will be required as a condition of any approval. Complies subject to condition

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Standard B16: Parking Provision

One (1) car parking space is provided for each of the one (1) and two (2) bedroom dwellings. The standard requires the provision of one (1) visitor’s car space on site. There is no visitor parking provided on site. However, there is availability of on-street parking including space for four (4) vehicles directly in front of the site. The development will not result in the loss of any on-street car parking spaces. In addition, the site is in proximity of public transport. This is considered acceptable and appropriate.

The car parking spaces, the garages and the accessways have appropriate dimension to enable efficient use and management. The car parking facilities are designed, surfaced and graded to reduce run-off and allow stormwater to drain into the site. Dwellings 3 and 7’s open study cannot reasonably be used as a bedroom. Garage dimensions of 6.0 metres length x 3.5 metres width comply with the minimum requirements of the standard. Access dimensions to the car spaces comply with the standard.

Complies with objective

Standard B28: Private Open Space Total POS Secluded POS Minimum dimension of secluded POS Dwelling 1 (2 127.7 square 27.9 square metres 3.0 metres bed) metres Dwelling 2 (2 40.0 square 31.2 square metres 4.8 metres bed) metres Dwelling 3 (1 25 square 25 square metres 4.2 metres bed) metres Dwelling 4 (1 38.0 square 25 square metres 4.2 metres bed) metres Dwelling 5 (1 38.0 square 25 square metres 4.2 metres bed) metres Dwelling 6 (1 25 square 25 square metres 4.2 metres bed) metres Dwelling 7 (2 40.0 square 31.2 square metres 4.8 metres bed) metres Dwelling 8 (2 127.7 square 27.9 square metres 3.0 metres bed) metres

The one (1) bedroom dwellings (Dwellings 3, 4, 5 and 6) do not satisfy the standard requiring the provision of 40 square metres of private open space for each dwelling. The discrepancy with Dwellings 4 and 5 is minimal with a total area of 38 square metres. Given these are one (1) bedroom dwellings and that each of these dwellings satisfies the standard requiring 25

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square metres of secluded private open space with a minimum dimension of 3 metres and direct access from a living room it is considered that the private open space provided is reasonable and will satisfactorily service the needs of the residents. All secluded private open space areas have direct access to a living room. Complies with objective

Summary of Car Parking Provision

Under Clause 55 one (1) car space is required for each one (1) and two (2) bedroom dwelling. Four (4) of the dwellings have two (2) bedrooms and four (4) have one (1) bedroom. Provision for a car parking space comprising either a single space garage or single car space has been made. The study in Dwellings 2 and 7 cannot be reasonably used as a bedroom and therefore does not require the provision of additional parking.

The standard requires the provision of two (2) visitor’s car spaces on site but as detailed above the provision of on-street parking is acceptable.

POLICY IMPLICATIONS

Environmental Sustainability

All new dwellings are required to achieve a minimum six (6) star energy rating under the relevant building controls.

Social Inclusion and Diversity

Nil

Other

Nil

FINANCIAL AND RESOURCE IMPLICATIONS

There are no financial or resource implications as a result of the determination of this application.

FUTURE ACTIONS

Nil

DISCLOSURE OF INTERESTS

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The Manager authorising this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

RELATED DOCUMENTS

Darebin Planning Scheme Planning and Environment Act (1987) as amended.

COMMITTEE DECISION

MOVED: Cr. B. Morgan SECONDED: Cr. N. Katsis

THAT Planning Permit Application D/726/2011 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application (identified as Ground Floor Plans and Elevations TP-04 A, First Floor Plans & Elevations TP-05 A and Elevations TP-06 A, prepared by Ikonomidis Reid and dated September 2011) but modified to show: a) The upper floors of Dwellings 2 and 3 and 6 and 7 be modified to reduce their area and ensure a break between the dwellings to reduce the impact of visual bulk on the neighbouring properties. The setbacks are to be no less than 1000mm between upper floor of Dwellings 7 and 8 and 1 and 2; no less than 1400mm between upper floor of Dwellings 6 and 7 and 2 and 3. Side boundary upper floor setbacks are to be no less than 3.5 metres for Dwellings 1 and 8, 4.8 metres for Dwellings 2 and 7, and 4.285 metres for Dwellings 3 and 6. Refer to SK 01-A, dated 2 December 2011. b) All finished floor levels to be a minimum of 300mm above Natural Ground Level within the footprint of each dwelling. Finished Floor Level must not exceed a height of 800mm above Natural Ground Level. c) Storage sheds for Dwellings 4 and 5 are to be relocated to an appropriate location to enable overland flow path to remain clear. d) A landscape plan, including at least 12 low-medium canopy trees, in accordance with Condition No. 6 of this Permit. e) Modifications in accordance with the Sustainable Design Statement (refer to Condition No. 7 of this Permit). When approved, the plans will be endorsed and form part of this Permit. 2. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

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3. This Permit will expire if either: a) The development does not start within three (3) years from the date of this Permit; or b) The development is not completed within five (5) years of the date of this Permit. The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date. 4. Prior to the issue of a building permit for any building or any works authorised by this permit, a development levy must be paid to Darebin City Council. The amount of the development levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay. 5. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and must incorporate: a) At least 12 suitable low to medium canopy trees b) Details of all existing trees to be retained and all existing trees to be removed, including overhanging trees on adjoining properties. The genus, species, height and spread of all trees must be specified c) A planting schedule of proposed vegetation detailing the botanical name, common name, size at maturity and quantities of all plants d) Details of all surfaces including lawns, mulched garden beds and hard paving (such as asphalt, concrete, brick or gravel) e) Street trees within the nature strip/s adjacent to the property f) All constructed items including retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting, clotheslines etc g) Edge treatment between grass (lawn) and garden beds h) An outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the subject site must also be shown i) The location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided j) Clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers k) A scale, North Point and appropriate legend. The species of all proposed plants selected must be to the satisfaction of the Responsible Authority.

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6. Before the development starts, a Sustainable Design Statement detailing sustainable design strategies to be incorporated into the development to the satisfaction of the Responsible Authority must be submitted to, and approved in writing by the Responsible Authority. The sustainable design statement must outline proposed sustainable design initiatives within the development such as (but not limited to) energy efficiency, water conservation, stormwater quality, waste management and material selection. 7. The development must be constructed in accordance with the requirements/ recommendations of the Sustainable Design Statement to the satisfaction of the Responsible Authority. 8. The landscaping as shown on the endorsed Landscape Plan must be completed to the satisfaction of the Responsible Authority before the development is occupied and/or the use starts or at such later date as is approved by the Responsible Authority in writing. No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed. 9. The landscaping as shown on the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority. 10. Before the development is occupied, Lots 13 and 14 on Plan of Subdivision 008679 Volume 07024 Folio 734 must be either: - Consolidated under the Subdivision Act 1988; or - Subdivided under the Subdivision Act 1988, in accordance with the plans endorsed as part of this Permit. This must be done to the satisfaction of the Responsible Authority. 11. Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority. 12. All dwellings that share dividing walls and/or floors must be constructed to limit noise transmission in accordance with Part F(5) of the Building Code of Australia. 13. Before the dwellings are occupied, an automatic external lighting system capable of illuminating the entry to each dwelling, access to each garage and car parking space and all pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority. The external lighting must be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority.

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14. Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority. 15. The land must be drained to the satisfaction of the Responsible Authority. 16. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority. 17. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority. 18. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority. 19. Before occupation of the development, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be: a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced with an all weather sealcoat; and d) Drained to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.

CARRIED

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5.6 APPLICATION FOR PLANNING PERMIT D/567/2011 1 Curzon Street, Reservoir

AUTHOR: Statutory Planner – Ben Nicholson

DIRECTOR: Director City Works and Development – Michael Ballock

OWNER/APPLICANT:

Applicant: Shiri Kishore 1 Curzon Street RESERVOIR VIC 3073

Owner: Shiri and Babita Kishore 1 Curzon Street RESERVOIR VIC 3073

SUMMARY:

The applicant seeks to delete Covenant 1067252 from the Certificate of Title of 1 Curzon Street, Reservoir (Lot 907 on Plan of Subdivision 8481, Certificate of Title Vol. 04651 Folio 164).

In summary, the Covenant prohibits the following from being undertaken on the land: a) The erection of hoarding for advertisement purposes; b) Quarrying operations, or the removal of stone, earth, clay, gravel or sand from the site, except for the purpose of excavating for the foundations of any building to be erected on the land; and c) The use of the land for shops, laundries, factories or works and the erection of more than one (1) dwelling on the land.

It is recommended that the application be refused.

CONSULTATION: • In accordance with Section 52(1) of the Planning and Environment Act 1987, the application was advertised by sending planning notices to the adjoining owners and occupiers of the land as well as the owners and occupiers of the land benefiting from the covenant. • In accordance with Section 52(1AA) of the Planning and Environment Act 1987, a planning notice on site was also displayed and a planning notice of the application was published in two consecutive editions of the Preston Leader. • Seven (7) objections were received. • The application was not required to be referred.

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RECOMMENDATION

THAT Planning Permit Application D/567/2011 be refused and a Notice of Refusal be issued on the following ground:

1. The variation of the restrictive covenant on Title will result in detriment to beneficiaries, in accordance with Section 60(5) of the Planning and Environment Act 1987.

REPORT

INTRODUCTION AND BACKGROUND

A search of Council records provided the following planning history for the subject site: 1. Permit Application D/44/2007 for a ‘medium density housing development comprising an additional two storey dwelling to the rear of the existing dwelling as shown on the plans accompanying the application’ was lodged on 2 February 2007 and lapsed on 9 July 2007. 2. Permit Application D/718/2007 for ‘the construction of an additional double storey dwelling to the rear of (the) existing one as shown on the plans accompanying the application’ was lodged on 31 October 2007 and lapsed on 29 January 2008.

An application to remove a restrictive covenant from the Title of 1 Curzon Street, Reservoir (Planning Permit Application D/567/2011) was lodged with Council on 19 July 2011.

A site inspection undertaken on 29 November 2011 confirmed that a single detached dwelling and garage currently occupies the site.

ISSUES AND DISCUSSION

Subject site and surrounding area • The subject site is located on the east side of Curzon Street, Reservoir opposite William Ruthven Secondary College. It is approximately 55m north of the intersection with Merrilands Road, Reservoir and approximately 120m south of the intersection with Mahoney’s Road, Thomastown. • The site is trapezoidal in shape with a frontage to Curzon Street of approximately 25.4m with northern and southern boundaries of approximately 38.0m and 35.0m respectively and a rear boundary length of approximately 20.0m, for an overall site area of approximately 798 square metres. • The land contains a single storey detached dwelling and a garage. The dwelling is constructed of timber weatherboard with a gable tiled roof and the garage is constructed of aluminium. • Housing stock along the eastern side of Curzon Street is generally comprised of single storey detached houses, constructed in the post-war era. These are often constructed of brick, with tiled, hipped roofs. Housing lots are generally of medium scale, with low fencing and landscaped front setbacks typical of the streetscape. This pattern of settlement extends along Merrilands Road, north of Curzon Street.

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• The land is located in the Residential 1 Zone and the Development Contributions Plan Overlay affects the site.

Proposal

The applicant seeks to remove the Restrictive Covenant Number 1067252 from the Title of the subject land.

The Covenant states the following: a) No hoarding for advertisement purposes shall be erected on the said Lot hereby transferred b) No quarrying operations shall at any time hereafter be carried on in or upon the said Lot and no stone earth clay gravel or sand shall at any time hereafter be carried away or removed from the said Lot except for the purpose of excavating for the foundation of any building to be erected thereon c) No shops laundries factories or works shall be erected on the said Lot and not more than one dwelling house shall be erected on any one Lot and the cost of constructing each house shall not be less than Four Hundred Pounds (inclusive of all architect’s fees and the cost of erecting any outbuildings and fences) and it is intended that the above covenants shall be set out as encumberances at the foot of the Certificate of Title to be issued in respect of the land hereby transferred and shall run with the land .

OBJECTIONS

Seven (7) objections were received.

Objections summarised

The Covenant contributes to maintaining to a distinct neighbourhood character: • The subject site and surrounding land has a distinct character because of the effect of the covenant, ie. single dwellings on spacious allotments with lots of greenery. Redevelopment of the site would not be consistent with this character. • The existence of a single dwelling covenant was a factor in numerous objectors’ decisions to purchase in the area;

Adverse amenity impacts may arise from the redevelopment of the land, should controls on redevelopment be lifted: • The removal of the covenant would lead to increased traffic congestion, pollution and parking pressure in the area, which is already impacted by school traffic and busses; • Multi-dwelling redevelopment of land would result in a loss of backyard space which would force children to play in the street leading to a safety hazard for children and motorists; • Noise impacts resulting from additional dwellings in the neighbourhood will affect the amenity and quiet enjoyment of the street and nearby backyards; • Adjoining properties may suffer from a loss of peace and quiet and privacy resulting from redevelopment on the land.

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• Multi-dwelling developments would likely reduce property value. • Multi-dwelling developments would attract more residents on lower incomes and lead to an increase in crime. • Current owners have paid a higher price to live in a neighbourhood where covenants protect low density urban form and attract longer-term residents. • Removal of one covenant creates a precedent for more covenants to be removed which amplifies the cumulative impacts.

Of the seven (7) objections considered, five (5) objectors have the legal benefit of the covenant.

Officer comment on summarised objections

Neighbourhood Character

The covenant affecting the site and similar covenants affecting lots within the wider Merrilands Estate have played a major role in shaping its neighbourhood character by restricting the use and development of lots within the estate.

In the objections raised by both covenant beneficiaries and non-beneficiaries, there is a clear perception that detriment will be suffered if the covenant is removed due to the negative impacts on neighbourhood character arising from an increase in urban density. These include impacts on property values, amenity, traffic, safety and privacy.

There is also a clear perception that removal of the covenant would have an immediate impact on nearby residents as well as lead to a longer-term impact on the wider neighbourhood by setting a precedent for widespread removal of similar covenants affecting lots within the estate.

Amenity impacts

A number of the grounds cited by objectors relate to specific amenity impacts which may potentially arise from the redevelopment of the land for medium density housing. It is noted that the application under consideration is for the removal of the covenant and does not include an application for use or development of the lot.

In the absence of any application for use or development, it is difficult to form a view as to the extent of the impact in the immediate term on property values, amenity, traffic, safety, privacy etc. Should the covenant be removed, Council would assess an application for use or development on its merits in accordance with the relevant planning controls and policies.

In the absence of a development proposal, it is understandable that objectors have assumed a worst-case scenario with respect to the impacts of the proposal and they expressed clear perceptions of detriment.

It is difficult to form a view as to the longer-term and potentially cumulative impacts of removing the covenant, as each application to vary or remove a covenant is determined on its own merits and takes account of the nature of any objections received.

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PLANNING CONTROLS

Darebin Planning Scheme - State Planning Policy Framework (Clause 15.01) - Local Planning Policy Framework (Clause 22.04) - Zone (Clause 32.01) - Overlay (Clause 45.06) - Particular Provisions (Clause 52.02) - General Provisions (Clause 65.01)

PLANNING ASSESSMENT

Pursuant to Clause 52.02 of the Darebin Planning Scheme, a planning permit is required before a person proceeds under Section 23 of the Subdivision Act 1988 to create vary or remove a restriction.

Before deciding on an application, in addition to the decision guidelines in clause 65, the responsible authority must consider the interests of affected people.

In addition, Section 60(5) of the Planning and Environment Act 1987 states:

(5) The responsible authority must not grant a permit which allows the removal or variation of a restriction referred to in sub-section (4) unless it is satisfied that— (a) the owner of any land benefited by the restriction (other than an owner who, before or after the making of the application for the permit but not more than three months before its making, has consented in writing to the grant of the permit) will be unlikely to suffer any detriment of any kind (including any perceived detriment) as a consequence of the removal or variation of the restriction; and (b) if that owner has objected to the grant of the permit, the objection is vexatious or not made in good faith.

Based on the preceding, it can be concluded that the owners of land with benefit of the covenant are likely to suffer detriment (including perceived detriment) from the deletion of the covenant, for the following reasons: • It is acknowledged that the single dwelling covenant does contribute to preserving a particular neighbourhood character. Objectors indicated that the single dwelling covenant creates a distinct neighbourhood character, typified by single ‘family’ homes on spacious lots. • The removal of the covenant may set a precedent for more intensive development of the subject land, which would alter the character the objectors identify as being their preferred pattern of development for the area. • More than one beneficiary stated that they purchased land in the area partly because of the controls on development that the single dwelling covenant imposes on landowners.

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In light of the grounds for objection cited by the objectors, the proposal cannot be supported under Section 60(5) of the Planning and Environment Act 1987 as the variation of the restriction on Title will result in detriment (including perceived detriment) to beneficiaries of the restriction.

POLICY IMPLICATIONS

Environmental Sustainability

Nil

Social Inclusion and Diversity

Nil

Other

Nil

FINANCIAL AND RESOURCE IMPLICATIONS

There are no financial or resource implications as a result of the determination of this application.

FUTURE ACTIONS

Nil.

DISCLOSURE OF INTERESTS

The Manager authorising this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

RELATED DOCUMENTS

Darebin Planning Scheme and the Planning and Environment Act (1987) as amended.

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COMMITTEE DECISION

MOVED: Cr. N. Katsis SECONDED: Cr. S. Chiang

THAT Planning Permit Application D/567/2011 be refused and a Notice of Refusal be issued on the following ground:

1. The variation of the restrictive covenant on Title will result in detriment to beneficiaries, in accordance with Section 60(5) of the Planning and Environment Act 1987.

CARRIED

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5.7 APPLICATION FOR PLANNING PERMIT D/249/2011 60 Ethel Street, Thornbury

AUTHOR: Principal Planner – John Limbach

DIRECTOR: Director City Works and Development – Michael Ballock

OWNER/APPLICANT/CONSULTANT:

Applicant: Katz Architecture 3 Kipling St NORTH MELBOURNE VIC 3051

Owner: Bruce Stephen Sanderson 3 Mount St EAGLEMONT VIC 3084

SUMMARY: • The proposal is for a medium density housing development comprising the construction of two (2) double storey dwellings. Both dwellings are proposed to be three (3) bedroom dwellings, with pedestrian frontages to Ethel Street. Both dwellings include single car garages, with the Dwelling 1 also having access to an uncovered tandem car space. • Dwelling 1 includes 32 square metres of secluded private open space at ground floor level, plus an additional 15 square metres of private open space in the form of a front garden and 10 square metres in the form of a first floor balcony. • Dwelling 2 includes 42 square metres of secluded private open space at ground floor level and 9 square metres in the form of a first floor balcony. • The maximum height of the development is 7.01 metres. • No covenant is registered on the Certificate of Title. • It is recommended that a Notice of Decision to Grant a Permit be issued.

CONSULTATION: • Notice has been given in the form of a sign posted at the site and letters to adjoining owners and occupiers. • Eight (8) objections have been received. • A consultation meeting has not been held, however the applicant has agreed to a number of changes to Dwelling 2 in accordance with Council advice, some of which are related to issues raised in objections. • The application has been referred internally to Council’s Transport Management Unit, Darebin Parks Unit and Capital Works Unit.

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RECOMMENDATION

THAT Planning Permit Application D/249/2011 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application (identified as drawing numbers SK0.12, SK1.01 and SK1.21, Revision SK3, prepared by KATZ Architecture and dated 6.10.11) but modified to show: a) A maximum of two (2) bedrooms for Dwelling 2, in accordance with drawing number SK1.01, Revision SK5, prepared by KATZ Architecture and dated 28.11.2011. b) The first floor layout and setbacks of Dwelling 2 and the removal of the first floor landing door in accordance with drawing number SK1.01, Revision SK5, prepared by KATZ Architecture and dated 28.11.2011. c) The location and dimensions of the tandem car parking space to Dwelling 1 (minimum dimensions of 2.60 metres x 5.50 metres). d) A Landscape Plan in accordance with Condition No. 5 of this Permit. e) All site levels and finished floor levels to Australian Height Datum (AHD). All ground floor finished floor levels are to be no more than 800mm above natural ground level. f) A notation stating that site permeability is a minimum of 20%. g) The height of fences on the northern and southern boundaries (except within 3 metres of the eastern boundary of the land on the southern boundary) to be a minimum height of 1.8 metres as measured above natural ground level. Where necessary, the fence height may be increased by raising the height of the fence or by the provision of free-standing, self supporting trellis adjacent the fence to the required height. If utilised, such trellis must be a maximum of 25% open and be fixed, permanent, durable and coloured or painted to blend with the development. h) The first floor, habitable room windows and balconies of both dwellings on the north and south elevations provided with either: • A sill with a minimum height of 1.7 metres above finished floor level, • A fixed screen with a maximum permeability of 25% to a minimum height of 1.7 metres above finished floor level or • Fixed obscure glazing (not film) with a maximum transparency of 25% to a minimum height of 1.7 metres above finished floor level. Where fixed screens are being utilised a section diagram must be included to demonstrate how the screens minimise overlooking of adjoining properties. i) A fence with a minimum height of 1.80 metres between the secluded private open spaces of both dwellings. j) External storage units to have a minimum volume of 6 cubic metres.

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When approved, the plans will be endorsed and form part of this Permit. 2. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. 3. This Permit will expire if either: • The development does not start within three (3) years from the date of this Permit; or • The development is not completed and the use is not started within five (5) years of the date of this Permit. The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date. 4. Prior to the issue of a building permit for any building or any works authorised by this permit, a development levy must be paid to Darebin City Council. The amount of the development levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay. 5. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and must incorporate: a) Two (2) low to medium canopy trees b) Details, including a section, of the rain garden in accordance with the ESD Assessment and Report (refer to Condition No. 10 of this Permit). c) Details of all existing trees to be retained and all existing trees to be removed, including overhanging trees on adjoining properties. The genus, species, height and spread of all trees must be specified. d) A planting schedule of proposed vegetation detailing the botanical name, common name, size at maturity and quantities of all plants. e) Details of all surfaces including lawns, mulched garden beds and permeable and/or hard paving (such as asphalt, concrete, brick or gravel) demonstrating a minimum site permeability of 20%. f) Street trees within the nature strip/s adjacent to the property. g) All constructed items including retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting, clotheslines etc. h) Edge treatment between grass (lawn) and garden beds. i) An outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the subject site must also be shown. j) The location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided. k) Clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers

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l) A scale, North Point and appropriate legend. The species of all proposed plants selected must be to the satisfaction of the Responsible Authority. 6. The landscaping as shown on the endorsed Landscape Plan must be completed to the satisfaction of the Responsible Authority before the development is occupied and/or the use starts or at such later date as is approved by the Responsible Authority in writing. No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed. 7. The landscaping as shown on the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority. 8. Before the development starts, a fee of $2,000 must be paid to the Responsible Authority for the planting of street trees in the vicinity of the site. The existing street tree, adjacent to the Ethel Street frontage of the land, proposed to be removed to accommodate the proposed crossover, must be removed by the developer or owner of the land at their own cost. A suitably qualified contractor must be engaged to undertake or supervise the removal. 9. Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority. 10. Before the uses are occupied, an automatic external lighting system capable of illuminating the entries to the building, access to the car parking spaces and entry points and all pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority. The external lighting must be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority. 11. The land must be drained to the satisfaction of the Responsible Authority. 12. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority. 13. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority. 14. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority. 15. Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority. 16. Before occupation of the development, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be:

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a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced; and d) Drained to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose. 17. Before the development is occupied, vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.

REPORT

INTRODUCTION AND BACKGROUND

A search of Council records has found no relevant planning history for the site.

ISSUES AND DISCUSSION

Subject site and surrounding area • The site is located on the east side of Ethel Street, to the south of Miller Street, Thornbury. The site has a frontage of 9.91 metres, a depth of 39.05 metres and a site area of approximately 387 square metres. • The site is located within the Residential 1 Zone and affected by the Development Contributions Plan Overlay. • The site is currently occupied by a single storey, weatherboard dwelling with secluded private open space to the rear. • The adjoining property to the south is occupied by a single storey, brick, 1970’s era dwelling, with large outbuildings and secluded private open space to the rear. • The subject site adjoins three (3) properties that front Miller Street to the north. These properties are occupied by single storey weatherboard dwellings with outbuildings and secluded private open space to the rear. • The site abuts a right of way to the rear (east). • The neighbourhood is characterised by a mix of dwelling types (Post War, Edwardian and contemporary) with both single and double storey dwellings present in the streetscape. The opposite side of Ethel Street is dominated by contemporary style dwellings with traditional detailing (gable ends with strapping). • The site is located approximately 200 metres from the High Street shopping strip, the Junction and South Preston shopping centre. • The site is well served by public transport as follows:

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- Route 553 Bus: approximately 100 metres to the north-east - Route 86 Tram: approximately 250 metres to the east - Thornbury Train Station: approximately 300 metres to the south - Route 112 Tram: approximately 500 metres to the west - Route 11 Tram: approximately 500 metres to the west

Proposal • The proposal is for a medium density housing development comprising the construction of two (2) double storey dwellings. Both dwellings are proposed to be three (3) bedroom dwellings, with pedestrian frontages to Ethel Street. Both dwellings include single car garages, with the Dwelling 1 also having access to an uncovered tandem car space. • Dwelling 1 includes 32 square metres of secluded private open space at ground floor level, plus an additional 15 square metres of private open space in the form of a front garden and 10 square metres in the form of a first floor balcony. • Dwelling 2 includes 42 square metres of secluded private open space at ground floor level and 9 square metres in the form of a first floor balcony. • The maximum height of the development is 7.01 metres.

OBJECTIONS

• Eight (8) objections have been received.

Objections summarised • Overdevelopment • Visual bulk • Neighbourhood character • Materials • Car parking/traffic and manoeuvrability • Infrastructure • Permeability • Safety • Overlooking • Overshadowing • Private open space • Side and rear setbacks • Walls on boundaries • Sliding door to first floor of Dwelling 2 • Impact on trees • Loss of street tree • Property values

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• Views.

Officer comment on summarised objections • The development accords with acknowledged policy for urban consolidation and increased densities. • Neighbourhood character, design, form and materials are addressed within the assessment section of this report with particular focus on Clause 55 of the Darebin Planning Scheme and the relevant Neighbourhood Character Precinct Guidelines. • It is not considered that the increase in traffic from the subject development would place an unreasonable load on the surrounding street network. Additionally, no objections have been raised from Council’s Transport Management Unit regarding traffic on the local street network. Car parking and manoeuvrability are addressed in the assessment section of this report, with particular focus upon Clause 55 of the Darebin Planning Scheme. • A condition of any approval will require Dwelling 2 to be a two (2) bedroom dwelling, therefore reducing it’s car parking requirement to one (1), as discussed within the Clause 55 assessment of this report. • Infrastructure, permeability, safety, overlooking, overshadowing, private open space, side and rear setbacks and walls on boundaries are addressed within the assessment section of this report with particular focus on Clause 55 of the Darebin Planning Scheme. • The applicant has agreed to remove the sliding door to the landing of Dwelling 2; this will be secured by a condition of any approval. • The application was referred to Council’s Darebin Parks Unit, who have no requirements with regard to the impact of the development on trees on adjoining properties. • The loss of the street tree is considered acceptable, subject to a condition requiring an amenity fee of $2,000 to be paid to Council by the applicant. When construction is complete, the area will be inspected by Council for planting opportunities. • Property values are speculative and not a planning matter. • Rights to a view are not protected by the Darebin Planning Scheme in this location.

PLANNING ASSESSMENT

NEIGHBOURHOOD CHARACTER PRECINCT GUIDELINE ASSESSMENT

It is important to note that the Neighbourhood Character Precinct Guideline assessment is not a particularly accurate statement of existing character in this part of Ethel Street. The neighbourhood is characterised by a mix of dwelling types (Post War, Edwardian and contemporary) with both single and double storey dwellings present in the streetscape. The opposite side of Ethel Street is dominated by contemporary style dwellings with traditional detailing (gable ends with strapping).

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Existing Buildings

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

The site is not affected by a Heritage Overlay and so the existing dwelling’s demolition is considered acceptable.

Complies

Vegetation

To maintain and strengthen the garden settings of the dwellings and the presence of trees in the streetscape.

The proposal will result in the loss of several trees on the site. These trees contribute to the canopy cover and so a condition of any approval will require a detailed landscaping plan with a minimum of two (2) low to medium canopy trees.

The indicative garden layout and boundary setbacks allow adequate space for adequate landscaping.

A condition of any approval will require a landscape plan to be submitted.

Complies subject to condition

Siting

To provide space for front gardens.

To ensure new development retains substantial space for landscaping.

To maintain and reinforce the existing rhythm of spacing between dwellings.

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

The front setback of the dwelling allows space for a front garden and acts as a transition from the high fencing of the properties that include dwellings fronting Miller Street to the north, to the dwelling on the adjoining property to the south.

The proposal is set back from the southern side boundary where visible from the street, which reinforces the rhythm of spacing between dwellings.

The cantilevered first floor of Dwelling 1 reduces the visual impact of the garage on the streetscape.

Complies

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Height and building form

To ensure that buildings and extensions respect the predominant height and form of buildings in the streetscape.

The predominant height of buildings in the street is single storey; however there are a number of large double storey buildings in the area with minimal first floor setbacks and/or articulation.

Whilst the first floor of Dwelling 1 is cantilevered over the garage, it is considered acceptable as the bulk is positioned towards the middle of the site, the first floor is set back from the ground floor bedroom of that dwelling and it takes the focus away from the garage at ground level. The design of the first floor and the southern boundary setback enables the development to step down towards the single storey dwelling on the adjoining property to the south.

An angled roof has been incorporated into the design of Dwelling 1 so as to respect the pitched roofs that are prominent within the streetscape.

The two (2) storey form of Dwelling 2 is considered acceptable due to the context of the site. The large outbuildings within the secluded private open space of adjoining and nearby properties lessen the impact of a two (2) storey building on the character of the area. The first floor of Dwelling 2 is to be reduced, as discussed later in the assessment section of this report, which will further mitigate impact.

Complies

Materials and Design Detail

To ensure that the use of materials and design detail in new development complements that of the predominant building styles in the street.

To encourage buildings that contribute positively to the streetscape through the use of innovative architectural responses and by presenting visually interesting facades to the street.

It is considered that the contemporary design approach respects the character of the area without replicating it.

The proposed dwellings are highly articulated with the use of both varied setbacks and materials.

The cantilevered first floor of Dwelling 1 successfully takes the focus away from the garage at ground floor level.

The proposed materials are of a high quality and include a mix that increases articulation and would not appear out of character within this highly mixed neighbourhood setting which includes both weatherboard and brick dwellings of varying eras.

Complies

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Front boundary treatment

A permeable, 1.20 metre high front fence has been proposed, which will allow a view of the garden area and development behind.

Complies

CLAUSE 55 ASSESSMENT

Standard B1 - Neighbourhood Character

This element has been considered above in the Neighbourhood Character Guidelines Assessment.

Complies

Standard B4: Infrastructure

Complies subject to condition

Standard B6: Street Setback The front setback of the adjoining dwelling to the south is 5.95 metres, the adjoining property to the north fronts Miller Street. The proposed front setback of 3 metres does not comply with the standard, however the design response is considered to be acceptable due to the following:

The setback addresses the relevant requirements of the Neighbourhood Character Study, in that it allows adequate provision for landscaping.

The design provides a graduated and staggered setback of 3 metres to 5.03 metres leading from the high side and rear fencing of the adjoining property to the north, to greater setback of No. 58 Ethel Street, to the south.

Dwelling 1’s façade is appropriately articulated.

The front setback will not result in unreasonable visual bulk when viewed from the street or adjoining properties.

The proposed setback results in efficient use of the site. Complies with objective

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Standard B9: Permeability

To reduce the impact of increased stormwater run-off on the drainage system and to facilitate on-site stormwater infiltration, at least 20% of the site should be permeable. The advertised plans did not show the permeability of the site, however the applicant has provided plans showing that permeability is 25%. A condition of any approval will require the permeability to be shown on the plans at no less than 20% in accordance with the standard. Complies subject to condition

Standard B12: Safety

The entrances to the dwellings are adequately visible from the internal accessway and/or the street. The development is designed to provide good lighting, visibility and surveillance of car parking and the internal accessay. The private open space within the development is protected from inappropriate use as a public thoroughfare. Complies

Standard B13: Landscaping

The surrounding landscape character is generally semi mature and informal with large open spaces and spacious setbacks. The open spaces and setbacks are generally large enough to provide sufficient landscaping. A detailed landscape plan will be required as a condition of any approval. A condition of any approval will require two (2) low to medium canopy trees to be included on the landscape plan. Complies

Standard B14: Access

Vehicle access to and from the site is safe, manageable and convenient. The number and design of the vehicle crossover(s) respects the neighbourhood character. The width of the accessway to Ethel Street is 2.80 metres, which is considered acceptable. The single crossover to the street, taking up 28% of the frontage, is acceptable given that the standard requires that no more than 40% of the frontage should be taken up by vehicle accessways. Adequate manoeuvrability is provided to the right of way to the rear, with the use of a widened garage entry. Complies

Standard B15: Parking Location

Parking facilities will be proximate to the dwellings they serve. The proposed garages are an adequately secure form of parking. The access is observable.

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Complies

Standard B16: Parking Provision

One (1) car parking space is provided for Dwelling 2 within a garage. A condition of any approval will require that Dwelling 2 is reduced to a two (2) bedroom dwelling so as to be compliant with the standard, which requires two (2) car parking spaces for a three (3) bedroom dwelling and above and one (1) car parking space for a two (2) or one (1) bedroom dwelling. Two (2) car parking spaces are for Dwelling 1, which is a three (3) bedroom dwelling. A condition of any approval will require the dimensions of the tandem space to be shown on the plans and a minimum of 2.60 metres x 5.50 metres. The car parking spaces, the carports, the garaging and the accessways have appropriate dimension to enable efficient use and management. Garage dimensions with a minimum 6.0 metres length x 3.5 metres width comply with the minimum requirements of the standard. Access dimensions to the car spaces comply with the standard.

Complies subject to condition

Standard B17: Side and Rear Setbacks

Ground floor

Boundary Wall height Required Proposed Setback setback Northern – Dwelling 1 3 metres 1 metre 1.80 metres Northern – Dwelling 2 3.40 metres 1 metre 2.40 metres Southern – Dwelling 1 3.50 metres 1 metre 1.20 metres Southern – Dwelling 2 3.43 metres 1 metre 2 metres

First Floor

Boundary Wall height Required Proposed Setback setback Northern – Dwelling 1 5 metres 1.42 metres 500mm Southern – Dwelling 1 6.40 metres 1.84 metres 2.50 metres Northern – Dwelling 2 4.70 metres 1.33 metres 500mm Southern – Dwelling 2 6.50 metres 1.87 metres 1.80 metres

The northern, first floor setbacks of both dwellings do not comply with the standards, due to the screening required to balconies. A condition of any approval will require the first floor of Dwelling 2 to be designed in accordance with amended plans which show the first floor balcony set back 2.40 metres from the northern boundary and therefore in compliance with the standard.

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The encroachment of the first floor balcony screening to Dwelling 1 within the required setback is considered acceptable as it is located adjacent to a pergola and to the rear of a shed within the rear secluded private open space of the adjoining property to the north. The location of the outbuildings on the adjoining site will ensure that the encroachment of the first floor balcony screening does not have a detrimental impact on the amenity of that property. Complies with objective subject to condition

Standard B18: Walls on Boundaries

The standard requires that a wall be of a length of no more than 10 metres plus 25% of the remaining length of the boundary of an adjoining lot, and a height not exceeding an average of 3.0 metres.

Boundary and length Maximum length allowable Proposed length Northern: 39.06 metres 17.27 metres 11.80 metres Southern: 39.06 metres 17.27 metres 14.85 metres Eastern: 9.91 metres 10 metres 9.91 metres

The northern boundary walls have maximum heights below 3.60 metres at 3.30 metres maximum; however their average heights are over 3 metres. This is considered acceptable as the difference is a maximum of 300mm and these walls are located adjacent to or behind existing outbuildings located on adjoining properties to the north, limiting their impact on the amenity of those properties. The southern boundary wall has a maximum height below 3.60 metres at 3.50 metres maximum; however its average height is over 3 metres. This is considered acceptable as the wall largely adjoins an existing wall on boundary, limiting its impact on the amenity of that property. The eastern boundary wall has a maximum height of 6.47 metres, which although not compliant with the standard, is considered acceptable as it abuts a right of way. Furthermore, the property on the opposite side of the right of way from a residential property with a large outbuilding located towards the boundary. Complies with objective

Standard B21: Overshadowing

Overshadowing of adjoining open space meets the standard and objective. Overshadowing of neighbouring properties to the south and east by the proposed dwellings is minimal, with at least 40 square metres of neighbouring dwellings’ secluded private open space with a minimum dimension of 3.0 metres, or 75% (whichever is the lesser) receiving a minimum of five (5) hours sunlight between 9am and 3pm on 22 September. Complies

Standard B22: Overlooking

The proposed dwellings ground floors have finished floor levels less than 0.8m above natural ground level at the boundary. A condition of any approval will require boundary fences with a minimum height of 1.80 metres to the north and south boundaries.

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A condition of any approval will require all first floor balconies and habitable rooms of both dwellings on the north and south elevations to have screening, obscure glazing or sill heights in accordance with the standard.

Complies subject to condition

Standard B23: Internal Views

A condition of any approval will require the fence between the secluded private open spaces of Dwellings 1 and 2 to have a minimum height of 1.80 metres to prevent internal views.

Complies subject to condition

Standard B28: Private Open Space

The development provides adequate private open space (pos) for the reasonable recreation and service needs of residents. Dwelling 1 includes 32 square metres of secluded private open space at ground floor level, plus an additional 15 square metres of private open space in the form of a front garden and 10 square metres in the form of a first floor balcony. Dwelling 2 includes 42 square metres of secluded private open space at ground floor level and 9 square metres in the form of a first floor balcony. Both dwellings have in excess of 25 square metres of secluded private open space with a minimum dimension of over 3 metres that can be directly accessed from a living room.

Complies

Standard B30: Storage

Storage has been provided within the secluded private open space of both dwellings, a condition of any approval will require this to be shown with a minimum area of 6 cubic metres. Complies subject to condition

Standard B31: Design Detail

It is considered that the contemporary design approach respects the character of the area without replicating it.

In addition, the garages are designed to be visually subservient within the development. Complies

POLICY IMPLICATIONS

Environmental Sustainability

All new dwellings are required to achieve a minimum six (6) star energy rating under the relevant building controls.

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Social Inclusion and Diversity

Nil

Other

Nil

FINANCIAL AND RESOURCE IMPLICATIONS

There are no financial or resource implications as a result of the determination of this application.

FUTURE ACTIONS

Nil

DISCLOSURE OF INTERESTS

The Manager authorising this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

RELATED DOCUMENTS

Darebin Planning Scheme Planning and Environment Act (1987) as amended.

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COMMITTEE DECISION

MOVED: Cr. N. Katsis SECONDED: Cr. V. Fontana

THAT Planning Permit Application D/249/2011 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application (identified as drawing numbers SK0.12, SK1.01 and SK1.21, Revision SK3, prepared by KATZ Architecture and dated 6.10.11) but modified to show: a) A maximum of two (2) bedrooms for Dwelling 2, in accordance with drawing number SK1.01, Revision SK5, prepared by KATZ Architecture and dated 28.11.2011. b) The first floor layout and setbacks of Dwelling 2 and the removal of the first floor landing door in accordance with drawing number SK1.01, Revision SK5, prepared by KATZ Architecture and dated 28.11.2011. c) The location and dimensions of the tandem car parking space to Dwelling 1 (minimum dimensions of 2.60 metres x 5.50 metres). d) A Landscape Plan in accordance with Condition No. 5 of this Permit. e) All site levels and finished floor levels to Australian Height Datum (AHD). All ground floor finished floor levels are to be no more than 800mm above natural ground level. f) A notation stating that site permeability is a minimum of 20%. g) The height of fences on the northern and southern boundaries (except within 3 metres of the eastern boundary of the land on the southern boundary) to be a minimum height of 1.8 metres as measured above natural ground level. Where necessary, the fence height may be increased by raising the height of the fence or by the provision of free-standing, self supporting trellis adjacent the fence to the required height. If utilised, such trellis must be a maximum of 25% open and be fixed, permanent, durable and coloured or painted to blend with the development. h) The first floor, habitable room windows and balconies of both dwellings on the north and south elevations provided with either: • A sill with a minimum height of 1.7 metres above finished floor level, • A fixed screen with a maximum permeability of 25% to a minimum height of 1.7 metres above finished floor level or

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• Fixed obscure glazing (not film) with a maximum transparency of 25% to a minimum height of 1.7 metres above finished floor level. Where fixed screens are being utilised a section diagram must be included to demonstrate how the screens minimise overlooking of adjoining properties. i) A fence with a minimum height of 1.80 metres between the secluded private open spaces of both dwellings. j) External storage units to have a minimum volume of 6 cubic metres. k) The provision of a suitable security entrance and security lighting for Dwelling 2 from Ethel Street.

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e) Details of all surfaces including lawns, mulched garden beds and permeable and/or hard paving (such as asphalt, concrete, brick or gravel) demonstrating a minimum site permeability of 20%. f) Street trees within the nature strip/s adjacent to the property. g) All constructed items including retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting, clotheslines etc. h) Edge treatment between grass (lawn) and garden beds. i) An outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the subject site must also be shown. j) The location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided. k) Clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers l) A scale, North Point and appropriate legend. The species of all proposed plants selected must be to the satisfaction of the Responsible Authority. 6. The landscaping as shown on the endorsed Landscape Plan must be completed to the satisfaction of the Responsible Authority before the development is occupied and/or the use starts or at such later date as is approved by the Responsible Authority in writing. No later than seven (7) days after the completion of the landscaping, the permit holder must advise Council, in writing, that the landscaping has been completed. 7. The landscaping as shown on the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority. 8. Before the development starts, a fee of $2,000 must be paid to the Responsible Authority for the planting of street trees in the vicinity of the site. The existing street tree, adjacent to the Ethel Street frontage of the land, proposed to be removed to accommodate the proposed crossover, must be removed by the developer or owner of the land at their own cost. A suitably qualified contractor must be engaged to undertake or supervise the removal. 9. Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed

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before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority. 10. Before the uses are occupied, an automatic external lighting system capable of illuminating the entries to the building, access to the car parking spaces and entry points and all pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority. The external lighting must be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority. 11. The land must be drained to the satisfaction of the Responsible Authority. 12. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority. 13. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority. 14. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority. 15. Boundary walls facing adjoining properties must be cleaned and finished to the satisfaction of the Responsible Authority. 16. Before occupation of the development, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be: a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced; and d) Drained to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose. 17. Before the development is occupied, vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.

CARRIED

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Cr. Fontana disclosed a conflict of interest in the following item classifying the type of interest as an indirect interest by indirect financial interest and describing the nature of the interest as that the Architect involved with the subject planning permit application has undertaken work for him in the past.

Cr. Fontana left the meeting prior to consideration of the matter – 6.01pm

5.8 APPLICATION FOR PLANNING PERMIT D/53/2011 5 Harold Street, Preston

AUTHOR: Principal Planner – Robert Shatford

DIRECTOR: Director City Works and Development – Michael Ballock

OWNER/APPLICANT/CONSULTANT:

Applicant: Serstav Pty Ltd 100A Jenkins St NORTHCOTE VIC 3070

Owner: Serstav Pty Ltd 100A Jenkins St NORTHCOTE VIC 3070

Consultant: Petridis Architect’s 1/173 Upper Heidelberg Rod IVANHOE VIC 3079

SUMMARY: • Development of a three (3) storey residential building comprising 13 apartments and a single level basement car park with one (1) parking space per dwelling. • Open space is provided via courtyards to ground floor dwellings and a balcony to each first and second floor dwelling.

Floor Dwellings Car No. of 1 bed No. of 2 bed Parking dwellings dwellings Basement - 13 - - Ground 5 - 2 3 1 5 - 2 3 2 3 - - 3 • No restrictive covenants or agreements are registered against the title. • An implied drainage easement runs parallel to and inside the southern property boundary of width 1600mm. • Recommendation – That a Notice of Refusal be issued.

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CONSULTATION: • Public notice provided by way of a sign on-site and notices to neighbours. • Nine (9) objections were received. • No consultation meeting was held as there was no opportunity to reconcile objections. • The application was referred to Council’s internal departments – Capital Works and Public Realm.

RECOMMENDATION

THAT Planning Permit Application D/53/2011 be refused and a Notice of Refusal be issued on the following grounds:

1. The proposal does not meet the objectives of Council’s Neighbourhood Character Study in terms of: a) Vegetation and Siting; b) Height and Built Form; c) Materials and Design Detail; and d) Front Boundary Treatment.

2. The proposal does not meet the objectives of Clause 55 of the Darebin Planning Scheme, more particularly: a) Standard B1: Neighbourhood Character – The proposal is not site responsive and introduces a building form and bulk which is foreign to the streetscape. b) Standard B2: Residential Policy – The design response is inappropriate and fails to adequately respond to the specific attributes of Clause 22.04 – Neighbourhood Character Policy. c) Standard B5: Integration with the Street – Over 50% of the façade at ground level will be obscured from the street. d) Standard B6: Street Setback – The short setback and lack of articulation introduces a foreign mass into the residential streetscape. e) Standard B7: Building Height – The absence of a pitched or skillion roof and articulation introduces a foreign mass into the residential streetscape. f) Standard B13: Landscaping – The development is not site responsive and does not consider the garden and landscape character of the area. g) Standard B17: Side and Rear Setbacks – Proposed setbacks from side and rear boundaries are inadequate and do not respect the siting and scale of the existing development within the streetscape. h) Standard B22: Overlooking – The design does not provide adequate measures to obscure views into private open space and habitable room windows from level 2.

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i) Standard B31: Design Detail – The design response is inappropriate for the residential context and does not reflect values that contribute to the make up of the existing neighbourhood character. j) Standard B32: Front Fences – The front fence exceeds the height of front fencing in the streetscape and obscures the interface between dwelling and street.

REPORT

INTRODUCTION AND BACKGROUND

This application for a planning permit ran alongside an application at No 3 Harold Street, being a development of comparable scale, consisting of 11 dwellings within a three (3) storey building. This application was refused on 4 July 2011. Though the decision of that application is notable, this application must be considered on its own merits. The application must also be assessed upon its ability to comply with the Scheme objectives, taking in the existing conditions of 3 Harold Street being one (1) single storey dwelling on the land.

An application was also submitted to Council in early 2010 to redevelop 7 and 7A Harold Street to the north, being application D/220/2010. On this occasion, the applicant allowed the application to lapse. This application sought consent for a four (4) storey building. A request for further information requested a redesign to achieve an outcome more representative of the streetscape form and character.

During the assessment of the application, it was identified that an implied drainage easement ran along the southern property boundary necessitating the shifting of the basement car park from against the southern boundary to the northern boundary.

ISSUES AND DISCUSSION

Subject site and surrounding area • The site is known as 5 Harold Street, Preston and is situated within a neighbourhood precinct characterised by Victorian, Edwardian and inter-war dwellings. • The site is positioned on the western side of Harold Street, midway between Bell and Young Streets and opposite the intersection of Walton Avenue. • The underlying zone of the neighbourhood is Residential 1 though the Rydges Bell City hotel site to the rear is within a Mixed Use zone. • A Development Contributions Plan overlay applies over the land. • The site is rectangular in form and consists of the following characteristics: - Frontage to Harold Street of 17.98 metres; - Depth of 36.2 metres; - Total area of 650m²; - Long axis orientated on an east west alignment; - The site ascends front to rear by approximately 2.0 metres;

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- Timber paling fencing of height 2.4 metres extends around the north, east and southern boundaries of the site. - An existing vehicle crossover is positioned at the southern end of the site’s frontage; and, - The site is occupied by a former tennis court associated with the hotel and planted spotted gums along the northern and southern boundaries which contribute to the landscape values and established character of the neighbourhood. • Public transport within convenient walking distance from the site include bus route #513 in Bell Street and Bell train station. • A number of education and recreation facilities are located within 600 metres of the subject land. • Residential built form is predominantly single storey with the occasional double storey intermixed into the housing stock, hipped roofs with the occasional gable end and projecting eaves. Cladding materials are eclectic – brick or weatherboard for wall cladding, tiled or corrugated colorbond roof cladding. • Fencing to the front of dwellings is commonly low fencing maintaining adequate transparency between the private and public realm.

Proposal • The application involves the development of a multi-storey residential building including a sub-level car park consisting of 13 spaces. • The building presents as a raised three storey facade to Harold Street, elevated to accommodate basement parking and the general site fall. • Dwellings represent a mix of one (1) and two (2) bedroom. • No roof top plant or equipment are proposed with plant and equipment eg; air conditioners to be provided on the balcony of each dwelling.

OBJECTIONS

• Ten objections received

Objections summarised • Neighbourhood character / visual bulk • Density • Building height • Does not comply with State & Local planning policy • Exceeds recommended density • Impedes natural light • Increased traffic and parking congestion, during and post construction • Lack of parking provision • Noise emissions

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• Reduced amenity to existing residents • Placement of 26 waste receptacles along street frontage • Overshadowing • Light spill • Loss of view • Does not comply with ResCode.

Officer comment on summarised objections

Neighbourhood character / visual bulk • Refer to commentary under the Neighbourhood Character Assessment – Precinct B4.

Building height • Building height is typically associated with the perceived loss of view and overshadowing of adjoining properties. Total building height is 10.7 metres which though offering graduation between single storey residential development to the east of Harold Street and Rydges Bell City to the west, offers no transition within the streetscape from left (3 Harold) to right (7 Harold).

Impedes natural light / Overshadowing • The siting of the development casts shadow over the rear communal space of Rydges Bell City and 3 Harold Street though not alone, enough to warrant the application’s refusal. Refer to commentary under Clause 55 – Standard B21 below.

Exceeds recommended density • The planning scheme does not prescribe a maximum density (no. of dwellings) for site development. The standards for determining the appropriateness of a development are built upon a combination of values – amenity, siting and design and the forging of these assist in guiding an outcome on the appropriate density for the site.

Increased traffic and parking congestion, during and post construction • The construction management phase is not dealt with under the Planning and Environment Act or Darebin Planning Scheme. Post construction, the development will generate approximately 65 vehicle movements per day, based on a VicRoads adopted rate of five (5) vehicle movements for every one (1) and two (2) bedroom apartments per day. Though Harold Street does not connect with Bell Street, Walton Avenue is of sufficient width and design to accommodate the additional vehicle movements per day. In isolation from other possible redevelopment in the precinct including 3 Harold Street, Council’s Transport Management and Planning Unit have not raised any significant traffic issues.

Lack of parking provision • With the exception of the two (2) required visitor spaces, the proposal meets the requirement of Clause 55.03-11, Standard B16 of the Darebin Planning Scheme.

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Noise emissions • The proposed use is residential and will have noise impacts consistent with those normal to a residential zone. Speech, laughter, music etc. are noises associated with people living their lives and are all part of life in an urban area.

Reduced amenity to existing residents • The development will alter the prevailing ambience of the neighbourhood by changing the built form and density. The general increase in building density and scale can be managed through the site’s position and orientation, and the capability of the street network to accommodate the nominal increase in traffic arising from the proposal.

Placement of 26 waste receptacles along street frontage • The applicant’s report proposes that bins be collected by a private contractor twice per week. Bins will be picked up and returned by the contractor from the bin store in the basement car park.

Light spill • Any floodlighting of the development will be baffled to minimise light spill. The development will not introduce unreasonable amounts of indirect light spill ( ie; internal illumination of apartments ) beyond that already generated from the Rydges hotel.

Loss of view • It is a well recognised planning principle that there is no entitlement to a view and that over time, views may change.

Does not comply with State and Local Planning Policy including ResCode • Refer to ‘Planning Assessment’ below.

PLANNING ASSESSMENT

NEIGHBOURHOOD CHARACTER PRECINCT B4 GUIDELINE ASSESSMENT

Existing Buildings

• To encourage the retention of older dwellings that contribute to the valued character of the area in the design of development proposals

Application site does not comprise any existing buildings.

Not applicable

Vegetation and Siting

• To maintain and strengthen the garden settings of the dwellings and the presence of trees in the streetscape • To provide space for front gardens • To maintain and reinforce the existing rhythm of spacing between dwellings

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• To minimise the loss of front garden space and the dominance of car parking structures

The development provides sufficient front setback to facilitate the establishment of landscaping and planting of one (1) small canopy tree. The proposal does not however, consider opportunities for retention of other vegetation on the site to maintain the landscape characteristics of the precinct or create opportunities to revegetate the site to maintain the garden character of the precinct. Council’s planning arborist cited the importance that the existing vegetation on the site contributes towards the amenity and canopy coverage of the area and should be assigned a medium to high retention value, as opposed to the low retention value as assigned by the applicant’s arborist. The trees assist in providing a soft visual buffer between the hard commercial form (Bell City Hotel) and single storey residential development in Harold and Walton Streets. Though some vegetation clearance is inevitable with site redevelopment, efforts should be made to retain vegetation positioned against property boundaries and which contribute to the valued characteristics of the immediate neighbourhood.

Where viewed from the street, the building retains the characteristics of being set off side boundaries.

Does not comply

Height and Building Form • To ensure that buildings and extensions respect the predominant height and form of buildings in the streetscape

The policy directs that buildings should not dominate the street and incorporate in the design response pitched roof forms where this is the dominant characteristic in the streetscape. Aside from the development not satisfying Standard B7 (refer below), the building height alone is not sufficient to justify refusal. The building provides a transition from the east side of Harold Street and single storey development in Walton Avenue to the higher built form of Rydges Bell City. Where the building does not comply is through the omission of any roof pitch, or at the very least a skillion which reflects the predominant built features and characteristics of the streetscape. The absence of these features results in a development which sits uncomfortably within the immediate residential context. Further, the development presents a substantial visual mass which lacks the necessary articulation and vegetation along side boundaries to successfully integrate within the predominant residential scale of the streetscape and offer a transition in height from single storey development at 3 and 7 Harold Street.

Does not comply

Materials and Design Detail

• To ensure that the use of materials and design detail in new development complements that of the predominant building styles in the street • To encourage buildings that contribute positively to the streetscape through the use of innovative architectural responses and by presenting visually interesting facades to the street

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The design response does not represent an interpretation of prevailing characteristics and design form elements that characterise the residential attributes of the neighbourhood. Though brick is a feature element of the neighbourhood, there are very few examples of render finish in the residential precinct. What the development proposes is a unique design response which aligns more closely to the commercial scale of the Rydges Bell City complex as opposed to respecting the features and values that contribute to Harold and Walton Streets and thereby providing an incompatible element in the residential streetscape.

Does not comply

Front Boundary Treatment

• To maintain the openness of the streetscape and views to established gardens and dwellings

The precinct guidelines emphasise that high solid fencing should be avoided to maintain transparency and interface between the dwelling and street and to reflect the typical fencing height and style of the street. A 1.8 metre high fence obscures the surveillance and activation of Dwelling 1 with the public realm whilst also presenting a hard edge forward of the dwelling.

Does not comply

CLAUSE 55 ASSESSMENT

Standard B1: Neighbourhood character

Refer to Neighbourhood Character Assessment – Precinct B4. This neighbourhood has an eclectic context though there are particular characteristics highlighted through the street, notably pitched roofs, projecting eaves, residential form and a low building height with the proposed development introducing an incongruous element amongst the mix. Though the Rydges Bell City complex must be considered as part of the broader site context, the site remains in a residential streetscape and the design response must be considered against the residential context in which it fronts. In this case, the building form does not represent features that typify the residential neighbourhood.

Does not comply

Standard B2: Residential Policy

Though the design response acknowledges state and local policy framework towards encouraging higher residential densities, the design is inappropriate and unresponsive to specific attributes of the neighbourhood and particularly, Clause 22.04 – Neighbourhood Character Policy. Does not comply

Standard B5: Integration with the Street

The design response achieves a development which is orientated towards the street providing adequate vehicle and pedestrian links with separate pedestrian entries. However, a

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1.8 metre high front fence introduces a foreign element within the streetscape and obscuring over 50% of the ground floor of the development. Does not comply

Standard B6: Street Setback

The proposed front setback is 6.1 metres. Adjoining front building lines are setback 6.7 metres (7 Harold) and 9.0 metres (3 Harold) necessitating a minimum requisite setback of 7.85 metres.

The inability to achieve the requisite setback is not the deficiency in the design response; rather it is the introduction of a bold façade with a lack of horizontal separation or vertical articulation to ameliorate the visual bulk and impact within the residential streetscape.

Does not comply

Standard B7: Building Height

The proposed building height is 10.7 metres, exceeding the maximum height recommendation of 9.0 metres. This building height is foreign in the residential context though pales into insignificance when viewed with the Rydges Bell City complex in the background. The building height is not in itself, deemed sufficient to warrant refusal of the application however the design response has not implemented adequate graduation between the existing single storey residential scale. Further, the significant visual mass that this development introduces to the streetscape and adjoining residential properties creates a built form which is incongruous with the characteristics that typify the residential neighbourhood and adversely affect the amenity and characteristics of rear secluded open space.

Does not comply

Standard B13: Landscaping

The surrounding landscape character is semi mature comprising an amalgamation of native and exotic trees and shrubs and a prominent tree canopy, particularly on the subject site. This characteristic extends into the adjoining Rydges Bell City site. The proposal necessitates the removal of the majority of trees on the site. Though exempt from approval, the design response requires demonstration that the vegetation has been considered and incorporated where possible, into the design. The extensive clearance of vegetation which characterises the site and locality does not maintain or respect the landscape character of the neighbourhood. Limited opportunities exist for canopy tree planting and this certainly will not re-create the garden character of the site or be sufficient in achieving a soft visual edge along side boundaries and the landscaped character of the neighbourhood. For these reasons, the development is deemed not to comply with the objectives of Standard B13. Does not comply

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Standard B14: Access

Vehicle access to and from the site is safe, manageable and convenient. Only one (1) vehicle crossover is provided to the site, positioned towards the southern end of the site frontage. The width of the access way is proposed at 4.5 metres. The single crossover to the street occupies 25% of the frontage, less than the 33% referenced in the standard. Adequate turning areas are provided to allow vehicles to enter and exit the site in a forward direction. Complies

Standard B15: Parking Location

Parking facilities will be provided in the basement of the development at a rate of 1 space per dwelling. The parking area is secured by a roller shutter gate at the garage entrance and achieves convenient access to each dwelling via the central lift / stair well. Complies

Standard B16: Parking Provision

One car parking space is provided for each dwelling, according with the requirements of the Standard. The development does not provide visitor parking on-site. Visitor parking can be provided across the frontage of the subject land. All parking spaces have a minimum dimension of 2700mm by 4900mm. The design response is deemed acceptable. Complies

Standard B17: Side and Rear Setbacks

Ground floor

Boundary Wall height Required Proposed Setback setback Northern (balcony 4.9 metres 1.4 metres 2.0 metres dwelling 6) Northern 10.2 metres 5.29 metres 3.0 metres Western 8.95 metres 4.04 metres 1.21 metres Southern (lift well) 10.5 metres 5.59 metres 3.5 metres Southern (first floor) 6.9 metres 1.99 metres 2.0 metres Southern (second 9.7 metres 4.79 metres 4.0 metres floor)

Though the proposal does not comply with the standard, lesser setbacks to the western boundary is acceptable for reason that it interfaces with a commercial premise. More importantly however, the reduced setback from side boundaries affects the existing vegetation which has additional implications on the pre-existing neighbourhood character and ability to reinforce the landscape values of the neighbourhood. Does not comply

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Standard B19: Daylight to Existing Windows

An area of at least 3.0 square metres with a minimum dimension of 1.0 metre clear to the sky is provided opposite all existing habitable room windows, which complies with the standard. Walls are setback 50% of their height from existing adjoining habitable room windows. Complies

Standard B20: North Facing Windows

There are no existing north-facing habitable room windows within 3.0m of the common boundary. Complies

Standard B21: Overshadowing

Overshadowing of adjoining open space meets the standard and objective. The length and time of the shadow cast over the adjoining dwelling to the south will not significantly reduce the usable secluded open space receiving more than 5 hours of sunlight. Complies

Standard B22: Overlooking

With the exception of west facing windows which overlook the recreation yard and rear vegetation to Rydges Bell City, the majority of windows orientated to the north and south consist of obscured glazing to a height of 1700mm above FFL. The following aspects of the development do not comply with the standard: - Inadequate permanent screening to the balcony / window of Bedroom 2, Dwelling 12; and, - Inadequate screening to the north and west elevation of the balcony, Dwelling 11.

Does not comply

Standard B24: Noise Impacts

The primary noise source to the development will be from persons recreating in the pool area of the Rydges Hotel. As this area is likely to be controlled by hotel management for after hours use, the effects of activity in this space will be limited to daylight hours. Complies

Standard B26: Dwelling Entry

The main entry to building is easily identifiable from the public realm. Within the development, each apartment shares its entrance from the main corridor. Complies

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Standard B28: Private Open Space

The development provides adequate private open space (pos) for the reasonable recreation and service needs of residents.

Open space provision is set at, or slightly below the minimum open space requirements recommended by the standard as per the following table. Notwithstanding this, numerous recreational opportunities within convenient walking distance of the site including: • TA Cochrane Reserve, Collier Street (180 metres south west of site) inclusive of tennis courts and play equipment; and, • GH Mott Reserve, Patterson Street (140 metres north of the site). Secluded POS (by way of Minimum dimension either ground floor of secluded POS space, balcony or both) Dwelling 1 53.4m² * 3 metres Dwelling 2 19.36 m² 1.6 m (balcony) Dwelling 3 51.45 m² 4.5 m Dwelling 4 41.76 m² 3.0 m Dwelling 5 31.5 m² 3.0 m Dwelling 6 7.05 m² 2.0 m Dwelling 7 8.49 m² 1.9 m Dwelling 8 8.6 m² 2.0 m Dwelling 9 7.87 m² 2.0 m Dwelling 10 7.85 m² 2.0 m Dwelling 11 22.83 m² 2.4 m Dwelling 12 9.6 m² 1.6 m Dwelling 13 23.08 m² 2.8 m * Dwelling 1 SPOS requires the use of high front fencing to achieve seclusion. SPOS forward of dwellings are not a common characteristic of the streetscape. All secluded private open space areas have direct access to a living room. Complies with Objective

Standard B29: Solar Access to Open Space

Each dwelling is provided with secluded open space orientated to the north, east or west.

Complies

Standard B31: Design Detail

The design detail is unique to the residential streetscape and the values and characteristics that contribute to the existing neighbourhood. However, what the development has drawn upon are the detailed design elements and built form represented in the Rydges Bell City complex rather than any values that feature in Harold or Walton Streets for which the development activates. This includes expansive floor to ceiling glazing and bold architectural lines.

When viewed from Walton Avenue and in isolation to adjoining residential premises, the development may appear visually compatible with the existing hotel development however it

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remains in conflict with the residential elements of Harold and Walton Streets and the preferred neighbourhood character policy as documented in the local precinct statement. Does not comply

Standard B32: Front Fences

Dwellings which front local residential streets maintain a clear interface and are typically set behind either low fencing / walls of less than 600mm in height or transparent fencing which enables dwellings to activate the street. The proposal is somewhat unclear in how it will activate the street at ground level and maintain a preferred neighbourhood character. The proposed fence used to create an area of usable secluded open space for dwelling 1 has a height of 1800mm.

Does not comply

Standard B34: Site Services

Sufficient area is provided to allow for the installation and maintenance of site services. Garbage bins will be stored in the garage providing convenient access for residents and collection personnel without requiring the placement of bins along the site frontage.

Complies

POLICY IMPLICATIONS

Environmental Sustainability

All new dwellings are required to achieve a minimum six (6) star energy rating under the relevant building controls.

Social Inclusion and Diversity

Nil

Other

Nil

FINANCIAL AND RESOURCE IMPLICATIONS

There are no financial or resource implications as a result of the determination of this application.

FUTURE ACTIONS

Nil.

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DISCLOSURE OF INTERESTS

The Manager authorising this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

RELATED DOCUMENTS

Darebin Planning Scheme and the Planning and Environment Act (1987) as amended.

COMMITTEE DECISION

MOVED: Cr. N. Katsis SECONDED: Cr. B. Morgan

THAT Planning Permit Application D/53/2011 be refused and a Notice of Refusal be issued on the following grounds:

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f) Standard B13: Landscaping – The development is not site responsive and does not consider the garden and landscape character of the area. g) Standard B17: Side and Rear Setbacks – Proposed setbacks from side and rear boundaries are inadequate and do not respect the siting and scale of the existing development within the streetscape. h) Standard B22: Overlooking – The design does not provide adequate measures to obscure views into private open space and habitable room windows from level 2. i) Standard B31: Design Detail – The design response is inappropriate for the residential context and does not reflect values that contribute to the make up of the existing neighbourhood character. j) Standard B32: Front Fences – The front fence exceeds the height of front fencing in the streetscape and obscures the interface between dwelling and street.

CARRIED

Cr. Fontana returned to the meeting – 6.04pm

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Note: Item 5.9 was the first item dealt with by the Planning Committee – see page 2.

5.9 APPLICATION FOR PLANNING PERMIT D/565/2011 112 Collins Street, Thornbury

AUTHOR: Senior Planner – Deniz Yener-Korematsu

DIRECTOR: Director City Works and Development – Michael Ballock

OWNER/APPLICANT/CONSULTANT:

Applicant: C Kairouz C/- Chahid Kairouz Architects PO Box 271 NORTHCOTE PLAZA VIC 3070

Owner: Paradym Design Pty Limited and Optimbuild Pty Limited and Samir & Mona Pty Ltd 93 Collins St THORNBURY VIC 3071

Consultant: Robert Kelderman C/- Contour Consultants Australia Pty Ltd Level 1, 283 Drummond Street Carlton Vic 3053

SUMMARY:

• The proposal is for the construction of a three-level residential building containing six (6) dwellings. Five (5) car parking spaces are located to the rear on a concrete hardstand and accessed via the Right of Way; one (1) car parking space is located at the front adjacent to Unit 1 and accessed via Collins Street.

• Secluded private open space for Units 1, 2 & 3 is provided at ground level with an area of 22m², 34m² and 34m² respectively; and in the form of a roof-top deck for Units 4, 5 and 6 with an area of 17m², 20m² and 20m² respectively.

• A restrictive covenant does not apply to the site.

• Recommendation - Refusal

CONSULTATION:

• Public notice of the application was carried out via the mailing of letters to adjoining owners and occupants and the erection of a public notification sign on the site.

• Fifteen (15) objections have been received (one in the form of a petition).

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• A consultative meeting was not held as the concerns raised regarding the application were not considered to be suitable for mediation. There has however been regular phone contact with many of the objectors in relation to their concerns.

• The application has been referred internally to Council’s Capital Works Unit, Transport Management and Planning Unit and Darebin Parks and Gardens Branch; no external referrals were required.

RECOMMENDATION

THAT Planning Permit Application D/565/2011 be refused and a Notice of Refusal be issued on the following grounds:

1. The proposal does not meet the objectives of Council’s Neighbourhood Character Study as referred to in Clause 22.04 of the Darebin Planning Scheme, in particular, elements relating to Vegetation (insufficient level of landscaping and excessive impervious surfaces), Materials and Design Detail (incongruous scale, massing and form, continuous built form, lack of single-storey elements, lack of finer grain detailing, presentation of shear walls, bulky cantilevered elements, excessive screening elements to first floor areas). 2. The proposal does not meet the objectives of Clause 55 of the Darebin Planning Scheme, more particularly non-compliance with: a) Standard B1 of Clause 55.02-1 relating to Neighbourhood character. The proposal is inappropriate in terms of the minimal opportunity for landscaping, continuous building form along the length of the site, inadequate upper floor setbacks, inadequate articulation, attached form, building bulk. b) Standard B6 of Clause 55.03-1 relating to street setback. The encroachment into the required front setback, combined with overall building form and height will result unreasonable visual bulk when viewed form the street and adjoining properties. c) Standard B7 of Clause 55.03-2 relating to building height. The lack of graduation in height between the ground floor and first floor areas, large roof format as presented to the street and to adjoining properties is considered to be inappropriate and does not comply with the objective of the Clause. d) Standard B8 of Clause 55.03-3 relating to site coverage. The placement, shape and size of building footprint (i.e. design response) lacks a considerate approach to conditions on adjoining sites and will result in the presentation of unreasonable visual bulk. The objective of the clause is not considered to be met. e) Standard B10 of Clause 55.03-5 relating to energy efficiency. Provision is not made on site for rainwater tanks and it is unlikely that rainwater tanks can be retrofitted into the development as part of the Building Permit process; the development will compromise the remaining availability of sunlight to the adjoining western dwelling. f) Standard B13 of Clause 55.03-8 relating to landscaping objectives. The development does not comply with the garden and landscape character of the

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area and does not provide sufficient opportunity for the inclusion of substantial vegetation (canopy trees) within the side and rear setbacks of the site. g) Standard B15 of Clause 55.03-10 relating to parking location. The location of parking structures will detrimentally impact on the amenity and outlook of habitable room windows within the development. h) Standard B16 of Clause 55.03-11 relating to parking provision. Insufficient parking provision is made future residents and visitors within the development. The design of car parking spaces (width of end bays) does not meet the requirements of the relevant Australian Standard. i) Standard B17 of Clause 55.04-1 relating the side and rear setbacks. The building bulk/height is inconsistent with the neighbourhood character and will impact on the amenity and outlook of adjoining private open space areas and habitable room windows. j) Standard B18 of Clause 55.04-2-3 relating to walls on boundaries. The structure abutting the western boundary of the site will detrimentally impact on the amenity of habitable room windows on the adjoining dwelling. k) Standard B19 of Clause 55.04-3 relating to daylight to existing windows. The development will prevent the availability of adequate daylight to the habitable room windows of the western adjoining dwelling. The height and proximity of the development to the western common boundary will impact on the outlook from these windows. l) Standard B26 of Clause 55.05-1 relating to dwelling entry. The design response with regard to layout of the dwellings (and therefore dwelling entry) is considered to be poorly conceived and does not provide efficient and readily identifiable access to the dwellings. m) Standard B27 of Clause 55.05-3 relating to daylight to new windows. The development does not provide adequate daylight to new habitable room windows. n) Standard B28 of Clause 55.05-4 relating to private open space. Insufficient private open space is available to meet the recreational needs of future occupants. o) Standard B29 of Clause 55.05-5 relating to solar access to open space. The secluded private open space areas for Unit 1 on the ground floor, and Units 4 and 5 on the upper floor will not receive adequate solar access. p) Standard B30 of Clause 55.05-6 relating to storage. Access to storage facilities within the development is not convenient or efficient. Storage facility is not provided for Unit 1. q) Standard B31 of Clause 55.06-1 relating to design detail objectives. The design detail for the development is inappropriate in the neighbourhood context. 3. Poor outlook and amenity is provided to habitable rooms and secluded private open space areas of the first floor dwellings due to the need for excessive screening to windows and balcony/deck areas. 4. The proposal is an overdevelopment of the site and is detrimental to the amenity of adjoining properties. 5. The proposal is poorly conceived and not site responsive.

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REPORT

INTRODUCTION AND BACKGROUND • A pre-application meeting was held with the applicant on 6/12/2010 for a three-level residential building containing nine (9) dwellings and basement car parking. Concerns were conveyed to the applicant in relation to overshadowing, neighbourhood character and the presentation of visual bulk to the private open space areas of adjoining sites.

• Planning Permit application D/125/2011 lodged on 4/3/2011 for a three-level residential building containing six (6) dwellings was lapsed on 13/7/2011 for failure to submit further information before the lapse date determined under Section 54 of the Planning and Environment Act 1987.

ISSUES AND DISCUSSION

Subject site and surrounding area • The land has a width of 14.08 metres, a length of 48.28 metres and a total site area of 680 m².

• The land is situated on the south side of Collins Street, approximately 100 metres west of Victoria Road and 250 metres south of Dundas Street, Thornbury.

• The land is located within the Residential 1 Zone and is affected by the Development Contributions Plan Overlay.

• A single-storey weatherboard dwelling and an outbuilding to the rear occupies the site. The site has an existing single crossover on the west side of the Collins Street frontage.

• Availability of the nearest public transport to the site consists of tram route 86 located approximately 1km to the west on High Street, bus routes 251 (Northland - Port Melbourne) and 552 (Reservoir – Northcote Shopping Plaza) approximately 100 metres to the east on Victoria Road.

• The site is part of Darebin’s Neighbourhood Character Precinct C2 (Victorian, Edwardian/Interwar/Post-War mix). The character of streets within this precinct is typified by a mix of building styles and scale, including traditional weatherboard cottages, 1980s-1990s single and two-storey detached homes, 1970s-1980s walk-up flats, traditional smaller scale in-fill development and larger apartment-style in-fill development particularly within Flinders Street.

Proposal • The proposed attached style 3-level development incorporates three (3) dwellings at ground floor, and three (3) dwellings at first floor. The first floor dwellings are provided private open space and a bedroom or a study on the roof-top level.

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• The dwellings (excluding Units 4 and 5) provide two (2) bedroom accommodation; Units 4 and 5 provide two (2) bedrooms and a study.

• Five (5) car parking spaces within an open hardstand at the rear of the site are to be accessed via the Right of Way.

• The existing crossover to the west side of the site’s frontage is to be deleted; a new crossover to the eastern side is proposed, providing access to an open parking space for Unit 1.

• With the exception of Unit 1, all dwelling entries are located off a shared pedestrian pathway and first floor walkway extending along the western side of the development. The walkway is proposed to be screened to the west.

• The development is proposed to read as a two-storey contemporary residential building from Collins Street; the third level is proposed to be concealed behind the hipped roof pitch to Collins Street but evident on the eastern and western elevations.

Objections

Fifteen (15) objections (including one objection in the form of a petition containing 38 signatures) have been received

Objections summarised

1. Three-storey construction inconsistent with neighbourhood character 2. Development inconsistent with the Darebin Neighbourhood Character Study 3. Building bulk 4. Overshadowing 5. Overlooking 6. Overdevelopment 7. Development not innovative 8. Insufficient car parking 9. Residents will park on Collins Street due to difficulty of access from Right of Way (150 metres) 10. Traffic and safety on Collins Street and along Right of Way 11. Detrimental impact on sense of community in the street 12. The development not suitable accommodation for families 13. Affect on views 14. Property devaluation 15. Plans vary in scale and inconsistent; A3 plans not to scale of 1:100. 16. Lack of environmental considerations eg. rainwater tanks, clotheslines etc. 17. Important landscaping elements not detailed on plans

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18. Noise (from development, dwelling entries, bins wheeled along western setback, plant equipment, sliding gate and rooftop terraces) 19. Waste collection 20. Excessive use of the right of way by vehicles 21. 1 metre high fence between No.110 and No.112 incorrect. 22. Removal of street tree. 23. Front fence too high and private open space in the front yard overdevelopment. 24. Front setback not in accordance with ResCode 25. Issues with western screen structure (height, length, setback, landscape cover, overlooking, noise) 26. Overall building height not shown 27. Daylight to adjoining western property 28. Bicycle storage not shown on plans 29. Car spaces obstruct access to storage areas 30. Vehicle manoeuvrability 31. Fumes from car park 32. Effect of security lighting along the western walkways.

Officer comment on summarised objections 1. Planning policies encourage the provision of more dwellings within established areas to make better use of existing infrastructure and to provide a more diverse choice of housing. These outcomes are to be balanced with neighbourhood character considerations. Although the third level of the building is concealed from view behind the roof form, the overall height, scale, massing and façade treatment of the development is overly bulky and will not fit in comfortably with the streetscape, particularly in the easterly pocket of Collins Street.

2. The proposed development is considered to be inconsistent with a number of the guidelines within the Darebin Neighbourhood Character Study and the preferred character statement within the Study; in particular, the development is not considered to adopt the predominant scale, form and setbacks of the streetscape context as defined by the character of the buildings that are valued by the community (see further discussion in later parts of this report).

3. The bulk of the proposed building is considered to be excessive. As the living rooms and the secluded private open spaces of the first floor dwellings need extensive screening to minimise unreasonable overlooking of the adjoining dwellings and their backyards, the screening elements increase the perceived visual bulk of the side elevations and diminishes the articulation provided by the recesses and voids in the built form. This aspect of the proposal is further discussed in detail in later sections of this report.

4. Although overshadowing of adjoining properties is extensive, adjoining secluded private open space areas are large and the extent of overshadowing is within acceptable parameters as set out by Clause 55.04-5 (Standard B21).

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Overshadowing of neighbouring properties to the east and west by the proposed development provides at least 40 square metres of neighbouring dwellings’ secluded private open space with a minimum dimension of 3.0 metres receiving a minimum of five (5) hours sunlight between 9am and 3pm on 22 September. The development does not cast any shadows on the secluded private open space of the dwelling to the south side of the Right of Way.

5. Some overlooking is evident from the south-facing window of Unit 6. However this is not considered to be a major issue and can be resolved through appropriate screening mechanisms. Overlooking toward the west from the first floor walkway can be prevented through the provision of screens having a maximum visual permeability of 25%. Creeper planting alone, as shown along the western edge of the walkway, cannot be employed as an effective screening measure. A condition of any approval can request appropriate screening to the walkway. The necessity for a screen to the west however raises other issues such as building bulk, and this is discussed in other parts of this report.

6. Compliance with the standards and objectives within Clause 55 is an effective measure of whether the development represents overdevelopment of the site. The development fails to comply with a large number of key requirements within Clause 55 (see further assessment below). The proposal, namely the design response, fails to recognise the opportunities and constraints of the site as well as existing conditions on adjoining sites. Accordingly, the development is considered to represent an overdevelopment.

7. The Darebin Neighbourhood Character Study encourages ‘design innovation’ in streets which have few period dwellings. Collins Street contains a mix of building styles from different eras, some (such as the well designed in-fill developments, period dwellings, some recent apartment-style developments) which contribute, and others (such as large 80’s-90’s detached dwellings, walk-up flats described as ‘six packs’) which clearly do not contribute to the ‘preferred character’ of the area. The proposed development specifies the use of contemporary materials and building techniques. However this alone is not considered to define ‘innovation’, given that the development fails on a number practical considerations (see Clause 55 assessment).

8. The required rate of car parking as specified under Clause 55.03-11 (Standard B16) is not provided (see further discussion under summary of car parking provision later in this report).

9. There is no evidence to suggest that Right of Way access to the proposed car park will deter future occupants/owners from using the car park. Furthermore, street car parking is not exclusive and is available for use by all residents and visitors.

10. Council records show no recent complaints regarding parking, speeding, and congestion/safety matters in the surrounding area. Council’s Transport Management and Planning Unit have not expressed any concerns regarding these matters.

11. There is no evidence that suggests intensification of land use leads to a loss of sense of community. The anecdotal evidence put forward by local residents of Collins Street cannot be verified, and furthermore is not a planning consideration.

12. The proposed development provides two and three bedroom accommodation and contributes to dwelling diversity in the area.

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13. No one has exclusive rights to views. Loss of views is not a planning consideration.

14. Property devaluation is not a planning consideration.

15. Sufficient information and accuracy is shown on the considered plans which were made available to the public during the public notification period. The A3 copies of the scaled plans provided upon request to objectors are for reference only and are not to be scaled off. These plans are clearly marked as A3 copies. Figured dimensions are to be used to determine the scale of the development.

16. The development fails to indicate the location of some site services, and whether these services can be accommodated on the site (see further discussion under Clause 55).

17. Final landscape plans can be requested as a condition of any approval. However, based on the extent of development on the site, it appears insufficient open areas are made available on site for landscaping.

18. It is acknowledged that the development is fairly proximate to the western boundary where pedestrian activity is to take place; and the development has not been designed to provide efficient access to dwellings from the primary frontage on Collins Street (see discussion under Standard B26 – dwelling entry). However any noise generated within the development will be associated with normal domestic activities and should not unduly affect the amenity of adjoining sites.

19. Based on specifications for container sizes, there will be sufficient area on the naturestrip to accommodate waste bins for each dwelling within the development. The development proposes a shared waste and recycling area on site and the possibility of sharing of bins would reduce the amount of area required on the nature-strip to accommodate bins.

20. The use of the Right of Way by five (5) vehicles is not considered to be excessive. Access arrangements via the Right of Way is generally supported by Council’s Transport Management and Planning Unit and encouraged by Council.

21. The fence height is correct and applies to that section of the common boundary within the site’s frontage.

22. The street is not proposed to be removed.

23. The fence is generally acceptable as it has a height of 1.5 metres and is sufficiently transparent to provide views into the front setback of the site. There is no consistent fencing style or height in the street to warrant the request of a lower fence.

24. The front setback of the development is not strictly in accordance with Standard B6 in Clause 55.03-1 (see further discussion under Clause 55 assessment).

25. The screen proposed to the west side of the development is considered to be problematic as it will contribute to the presentation of visual bulk to the adjoining dwelling (see further discussion under Clause 55 assessment).

26. The overall building height has been shown on the drawings (as a level rather than a dimension).

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27. Daylight to adjoining western windows will be affected by the development (see further discussion under Clause 55).

28. Clause 55 states that bicycle parking should be provided for development with 5 or more dwellings but does not stipulate a rate. Based on the requirements of Clause 52.34 (for a residential building of 4-storeys or more) a rate of 1 bicycle space/5 dwellings can be applied to the development. Bicycle parking facilities are not shown on the plans. However, the developer can make a contribution to Council’s bicycle infrastructure if bicycle parking cannot be provided on the land.

29. Car parking spaces do obstruct access to storage spaces and this is not considered to be ideal. These types of design flaws point to overdevelopment of the land.

30. Vehicle manoeuvrability has been assessed by Council’s Transport Management and Planning Unit. Manoeuvrability is considered to be acceptable.

31. The intermittent use of the rear of the site by five (5) vehicles, including the creation of associated fumes, should not result in unreasonable impact on the amenity of adjoining sites, particularly given the adjoining secluded private open space areas are vast and not restricted to the area directly opposite the car parking area.

32. All external lighting on the land will be required to be baffled to ensure no glare or spillage to adjoining land.

PLANNING ASSESSMENT

NEIGHBOURHOOD CHARACTER PRECINCT GUIDELINE ASSESSMENT

Element Objective Comment Compliance Vegetation To improve The design response proposed Does not comply the garden creates four distinct zones on the site settings of comprised of a 6 metre deep front dwellings. setback to Collins Street, 3.5 metre deep side setback forming private open space areas to the east side of the site, the building footprint extending 29 metres into the site; and the remaining 13.5 metre section of land to the rear of the site comprised of the concrete car parking hardstand. The secluded private open space areas to the east and along the edge of the hardstand to the rear do not allow sufficient sized garden beds for the planting of large shrubs/canopy trees. Therefore the front setback is the only area that can accommodate a reasonable level of canopy planting.

A large impervious area is proposed

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Element Objective Comment Compliance by the car parking hardstand.

Additional hard-surfaced areas are proposed within the secluded private open space of the dwellings – though it is suggested that these could be semi-permeable. Siting To provide Subject to the use of permeable Complies space for front driveway materials within the front gardens. setback, the development is considered to be generally compliant To minimise with the Siting requirements. Access the loss of is provided from the Right of Way for front garden the majority of the parking spaces, space and the although this has not resulted in the dominance of complete deletion of vehicular access car parking from Collins Street. structures Car parking structures are not provided within the front setback; however an open car parking space however is available adjacent to Unit 1. (See further discussion under Standard B6 – front setback)

Materials To encourage The character of the streets within this Does not comply and design buildings that precinct is varied and includes older detail contribute period dwellings, more recent positively to detached dwellings, older-style walk- the up flats, traditional in-fill development streetscape and apartment-style development through the (mostly concentrated along Flinders use of Street). Provided a site-appropriate innovative response and appropriate scale and architectural form are provided, the subject site responses and could accommodate a non-traditional by presenting street elevation and medium density visually on the site, including an apartment interesting building. Any larger style built form facades to the would however need to have the right street. ingredients to fit into the neighbourhood and respond to adjoining sites. The proposed building is considered to be out-of-character and not considered to respond to adjoining sites due to the following: • Confusion of identity and scale: is the building a large single detached dwelling; is it two or three storey; is it

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Element Objective Comment Compliance commercial or residential; is it emulating the earlier period walk-up flats or is it contemporary accommodation; is it an apartment building, and if so, there is no shared entry and foyer space from which residents move internally to dwelling entries. • Bold architectural gestures and features (rectangular entry arch to Unit 1, large format roof form, shear two- storey front wall) out of proportion with the more intimate scale of adjoining dwellings and the general residential character of the street. • The massing comprised of large building blocks that are not characteristic of the area. • Lacking elements which define human scale; • Lack of building depth; • Oblique views of the development which will present continuous built form into the site. • Lack of substantial setbacks and relief from side boundaries. • Materials and finishes which do not provide finer grain detailing expected of domestic architecture. • The development could be described as ‘commercial’ rather than ‘residential’ in appearance due to the above.

Front To maintain A 1.5 metre high fence formed of Complies subject boundary the openness stone piers and horizontal cable infill to conditions treatment of the panels can maintain a sense of streetscape openness to the streetscape. To and views to secure the open car parking space established associated with Unit 1, a solid timber gardens and gate is proposed to the east side of dwellings. the frontage, which can be

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Element Objective Comment Compliance conditioned if necessary to provide greater visual permeability. The front fence is considered to be acceptable given the presence of high fencing in front of other sites in the area.

CLAUSE 55 ASSESSMENT

Standard B6: Street Setback

The front setbacks of the adjoining dwellings are 8 metres to the east and 6 metres to the west. The standard therefore requires a setback of 7 metres. A staggered setback of 6 metres and 7 metres is provided at ground floor; and a staggered setback of 7 metres and 8 metres is provided at first floor. The roof top level is concealed behind the roof form with a setback of 10.89 metres.

The 6 metre setback at ground floor encroaches the required setback of 7 metres.

In terms of its relationship with adjoining dwellings, the ground floor walls of the development sit in line with the adjoining single-storey dwelling to the east and 1 metre forward of the adjoining dwelling to the west. This would be generally acceptable given the variation in setbacks within the street; however, as there is negligible offset between the first floor and upper floor walls of the building, and the general presentation of heavy bulky form, the development is considered to be dominant and imposing and would benefit from greater setbacks than that provided.

The setbacks provided are considered to be inconsistent with the standard and objective within Clause 55.03-1.

The front setback will result in unreasonable visual bulk when viewed from the street or adjoining properties.

Does not comply

Standard B7: Building Height

The proposed dwellings are to have a maximum height of approximately 8.8 – 9.0 metres which complies with the standard requiring a maximum height not exceeding 9.0 metres. However as discussed in the neighbourhood character assessment in earlier parts of this report, the proposed development is considered to have an inappropriate relationship with the streetscape and adjoining dwellings with regard to scale; and will present unreasonable building bulk as viewed from the street (directly and obliquely) and adjoining sites. The overall height of 9 metres represents a three level building and is considered to contribute to the visual bulk. Does not comply with objective

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Standard B8: Site Coverage

The area covered by buildings should not exceed a site coverage of 60%. The site coverage is 38%. Added to this is the car park which provides a large amount of impervious area. Although the quantitative value of site coverage meets the standard, the decision guidelines include the consideration of visual bulk and whether this is acceptable in the neighbourhood. As discussed in earlier parts of this report, the visual bulk is not acceptable. Does not comply with objective

Standard B10: Energy Efficiency

The proposal is considered to be generally energy efficient due to the following: • Attached construction. • Cross ventilation is available in the design. • The development does however unreasonably affect the solar access and energy efficiency of the neighbouring dwelling to the west (see further discussion under Standard B19). • Open space and some living areas have access to north light. However, as the site extends in a north-south direction, not all dwellings can receive northern solar access. This is considered to be a constraint of the site.

• Space for outdoor clothes drying facilities need to be shown for Units 4-6; this is not considered to be a major issue for the development if approval is granted, as space is available on the rooftop decks for this purpose.

• Rainwater tanks are not shown within the development. Given the low site permeability, rainwater tanks should be provided to offset the rate of stormwater discharge from the site. The limited extent of open areas on the site suggests that it would be difficult to accommodate rainwater tanks.

• Due to the number of dwellings, a condition of any approval will require the preparation of a Sustainable Design Statement for the development. Does not comply

Standard B13: Landscaping

The surrounding landscape character is generally mature and informal with large open spaces and spacious setbacks to the front and rear of properties. Trees on adjoining properties and the nature strip will require protection via conditions of any approval.

The open spaces and setbacks provided on the land are not large enough to provide sufficient landscaping for the site. Private open space areas are designed as courtyards incorporating paving, decking, outdoor spa and some small garden beds or planter boxes. The garden beds will not provide sufficient space for trees to be established. The landscape beds and landscape wall adjacent to the western pedestrian pathway on the site have overhead cover from the first floor areas and will require well maintained water regimes and upkeep to establish and thrive as intended and shown on the elevations.

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Does not comply

Standard B15: Parking Location

Parking facilities will be proximate to the dwellings they serve.

The proposed garages are an adequately secure form of parking accessed via the Right of Way (Units 1-6) and Collins Street (Unit 1). The access is observable. The large south-facing habitable room window of Unit 6 cantilevers over the car park and provides an encroachment rather than a setback from the car park. The window will have direct views into the car park, and vice versa. Although the window is located above car park level, due to its size and location and the number of cars housed within the car park this window is not considered to be sufficiently protected from vehicular noise, headlights and views into the room from vehicles entering the car park. This is considered to be one of numerous design flaws within the proposed development and results in poor internal amenity to the affected bedroom. Does not comply with objective

Standard B17: Side and Rear Setbacks

The proposed dwellings are contained within a single building. Ground floor setbacks are equal to or greater than the first floor setbacks and will therefore not be included separately in the table below.

First Floor

Boundary Wall height Required Setback Proposed setback Eastern 5.93 metres and 1.67 metres and 2.27 metres and 6.41 metres 1.81 metres 3.59 metres Western 6.83 metres & 6.12 1.9 metres and 1.7 1.7 metres and 2.3 metres metres metres Southern 7.62 metres 2.15 metres 12.19 metres

The concrete panel wall defining the north-west corner of the building does not comply with the setback requirement. Further to the above, the screening along the western side of the building would be perceived as a wall and part of the long unbroken side elevations. The screen is to have a height of 4.91 metres and a setback of 1.1 metres from the boundary which does not comply with the standard requiring a setback of 1.38 metres. The building extension into the rear of the site beyond the footprint of adjoining dwellings, continuous built-form, shear two-storey walls, screening wall along the first floor entry accessway, building mass and blocky elements associated with the building are considered to result in the presentation of unreasonable visual bulk to adjoining dwellings and private open space areas. Overall, the building would extend 28 metres into the site, with only limited visual relief for the neighbours from a built form that has little variance and subtlety.

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Does not comply with standard and objectives

Standard B18: Walls on Boundaries

There are no walls proposed to be constructed on the boundaries. However, it is noteworthy that the pergola structure over the pedestrian walkway abuts the western boundary of the site and has a height in excess of 3 metres (varies between 2.93 metres and 3.3 metres) for the majority of its length (27 metres). Although the pergola is not a wall or a carport, the structure would not be dissimilar to a carport, which includes posts and beams for support. This structure will add to the already excessive visual bulk presented to the west side of the site.

Does not comply with objective

Standard B19: Daylight to Existing Windows

An area of at least 3.0 square metres with a minimum dimension of 1.0 metre clear to the sky is required opposite all existing habitable room windows.

Walls more than 3 metres in height opposite an existing habitable room window should be set back at least 50% the height of the new wall. The adjoining habitable room windows to the west are set back 1.1 metres from the common boundary; the screen wall associated with the first floor pedestrian accessway has a height of between 4.5 and 4.9 metres, and is set back 1.1 metres from the common boundary. The screen wall is required to be set back 2.25 – 2.45 metres from the windows whereas the setback provided is 2.2 metres. The western and eastern walls of the building proper are set back at least 50% of the height of the wall from habitable room windows to the east and west. Does not comply

Standard B26: Dwelling Entry

The entries are not visible and easily identifiable. Access to the first floor dwellings is indirect and accessed via the rear of the site. Ground floor dwelling entries are off a shared pedestrian pathway which is narrow and does not provide a visually pronounced sense of entry to each dwelling. The development proposes an apartment style development with continuous attached built- form. However the design response with respect to this concept is considered to be flawed in that a shared common entry foyer, easily identifiable from the street and accessed conveniently from a point closest to the street interface is not provided. Instead, the entrances are taken off the side (western) setback via the walkways, the entries to the upper floor dwellings can only be accessed via a staircase located approximately 35 metres away from the footpath on Collins Street. This requires the residents of Unit 4 for example, to traverse a distance of approximately 60 metres from Collins Street including a flight of stairs before they can enter the dwelling. The physical entry is however only 10-11 metres away from the Collins Street boundary. The design response with regard to layout and access to dwellings is considered to be ill- conceived and does not satisfy the objective of this Clause. Does not comply with objective

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Standard B27: Daylight to New Windows

Adequate daylight will not be available to the some of the windows of the dwellings at ground level due to the first floor pedestrian accessway extending over these windows. The affected windows are as follows: • Unit 1, west-facing window of bedroom 1 • Unit 2, west-facing window of bedroom 1 • Unit 3, west-facing window of bedroom 1 (obstructed by the staircase passing in front of the window) There are no secondary windows to these rooms, and if the overhead cantilever of the first floor pathway is construed as a veranda, the veranda is not open for at least 1/3 of its perimeter due to the space in front of the windows being enclosed by a 1.8 metre high fence; or the staircase structure in the case of Unit 3. Does not comply

Standard B29: Solar Access to Open Space

Solar access is provided into the secluded private open space of the new dwellings as follows:

Dwelling Wall Height to North Required Depth Proposed Depth Unit 1 No wall to north, The available however the first floor secluded private open cantilever of Unit 4 will space will be over significantly shadowed at least overshadow the 50% SPOS

Unit 2 5.7 metres (Unit 4 7.13 metres 9.4 metres cantilever) Unit 3 1.8 metre fence to 3.62 metres 9.4 metres north Unit 4 Roof pitch between 3.08 metres to 4.56 3.02 metres (non- 1.2 metres and 2.85 metres compliant) metres in height Unit 5 Roof pitch 1.2 metres, 3.08 metres, 4.25 3.5 metres (overall non- 2.5 metres and 2.85 metres and 4.5 metres compliant) metres in height and Unit 6 Roof pitch between 3.08 metres to 4.56 5.19 metres 1.2 metres and 2.85 metres metres in height

The depths outlined above apply to the available area of secluded private open space which in some instances does not satisfy Standard B28 for a minimum of 25 m². The available areas as shown above, eg. 22 m² for Unit 1, does not meet the standard for appropriate solar access. Does not comply

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Standard B30: Storage

Storage facilities are provided for the Units 2 to 6 adjacent to the parking spaces. However the storage facilities cannot be accessed unless the parking space is unoccupied.

No storage space is shown for Unit 1. Does not comply with objective.

Standard B31: Design Detail

The design detail of the development is not considered to respect the existing or preferred neighbourhood character through: façade articulation; proportions; scale; window and door proportions; roof form; veranda treatment; eave widths and parapets and use of materials. Does not comply

Standard B28: Summary of Private Open Space

Dwelling Total POS Secluded POS Minimum dimension of secluded POS Unit 1 78.5 m² 21 m² (non-compliant) 4.50 metres Unit 2 34 m² 34 m² (non-compliant) 3.65 metres Unit 3 34 m² 34 m² (non-compliant) 3.65 metres Unit 4 20 m² (5 m² within a 15 m² (roof deck) 3.02 metres balcony) Unit 5 20 m² 20 m² (roof deck) 3.50 metres Unit 6 19 m² 19 m² (roof deck) 3.60 metres

Insufficient secluded private open space is provided for Units 1, 2 and 3 as shown above.

The private open space requirement is therefore not satisfied.

Summary of Car Parking Provision

Clause 55.03-11 (Standard B16) of the Darebin Planning Scheme specifies the following car parking ratio for two or more dwellings on a lot: • One (1) space for each one or two bedroom dwelling • Two (2) spaces for each three or more bedroom dwelling, with one space under cover • Studies or studios that are separate rooms must be counted as bedrooms • Developments of five (5) or more dwellings should provide visitor car parking at a rate of 1 / 5 dwellings. • In developments of five (5) or more dwellings, bicycle parking should be provided

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The proposed development provides a total of six (6) car parking spaces on site, broken down as follows:

Dwelling Bedrooms Study Required Proposed Parking Parking Unit 1 2 Nil 1 1 Unit 2 2 Nil 1 1 Unit 3 2 Nil 1 1 Unit 4 2 1 2 1 (non-compliant) Unit 5 2 1 2 1 (non-compliant) Unit 6 2 Nil 1 1 Visitor 1.2 0 (non-compliant) Total Parking 9.2 6 Bicycle 1.2 0 recommended

The car parking provision for the development does not satisfy the Standard as a result of the 3-bedroom dwellings being provided only one (1) instead of the two (2) of the required parking spaces; and no visitor parking being made available on site.

A reduced ratio is not considered to be justifiable as follows: • The site has reasonable access to bus services; however the site does not have convenient access multiple modes of transport such as tram or train lines. • The site is not located within or proximate to (within 500 metres of) an Activity Centre. • The size of the accommodation proposed, 2 and 3 bedroom dwellings, is not considered to justify a reduced parking rate. • On-street car parking is available; however as access to the available car parking spaces on site is fairly indirect via the Right of Way, it is likely that residents may use available street parking for short-term parking needs. • The development does not increase the net availability of on-street parking (through deletion of existing crossovers)

Further to the above, the car park and accessways dimensions for spaces 2, 4 & 5 are not in accordance with the Table B2 within Clause 55.03-11. Where a width of 2.6 metres is required for these spaces, 2.4 metres is provided. Having noted this, Council’s Transport Management and Planning Unit have commented that as per AS/NZS 2890.1:2004 the requirements for angle 90 degree parking is 2.4m x 5.4m (with an aisle width of 6.2m). The proposed bay widths are acceptable under these standards.

The end parking bays adjacent to Unit 3’s wall and the fence on the southern boundary have insufficient width and would need to be widened by 300mm as per 2.4.2(c) of AS2890.1:2004.

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The storage areas for the dwellings are located in front of the parking spaces; car parking spaces are not considered to be designed to promote efficient use and management overall.

(See related discussion under Standard B15 assessment above)

POLICY IMPLICATIONS

Environmental Sustainability

All new dwellings are required to achieve a minimum six (6) star energy rating under the relevant building controls.

Any approval for a development of five (5) or more dwellings should include a request for a Sustainable Design Statement.

Social Inclusion and Diversity

Nil

Other

Nil

FINANCIAL AND RESOURCE IMPLICATIONS

There are no financial or resource implications as a result of the determination of this application.

FUTURE ACTIONS

Nil

DISCLOSURE OF INTERESTS

The Manager authorising this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

RELATED DOCUMENTS

Darebin Planning Scheme and the Planning and Environment Act (1987) as amended.

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COMMITTEE DECISION

MOVED: Cr. N. Katsis SECONDED: Cr. B. Morgan

THAT consideration of the application be deferred until the next Planning Committee meeting on 23 January 2012.

CARRIED

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5.10 APPLICATION FOR PLANNING PERMIT D/661/2011 208 Arthur Street, Fairfield

AUTHOR: Principal Planner – John Limbach

DIRECTOR: Director City Works and Development – Michael Ballock

OWNER/APPLICANT/CONSULTANT:

Applicant: Mr. T Sofo C/- Vicarthur Pty Ltd 7 Northcott Ave CROYDON VIC 3136

Owner: Vicarthur Pty Ltd 7 Northcott Ave CROYDON VIC 3136

Consultant: Cornetta Partners Architects 448 Heidelberg Road FAIRFIELD VIC 3078

SUMMARY:

• The proposal is for a medium density housing development comprising the construction of a three (3) storey building (plus basement level) comprising 22 dwellings.

• The 22 dwellings are made up of 11 one (1) bedroom dwellings and 11 two (2) bedroom dwellings. Each of the dwellings has access to a basement with one (1) car parking space each and an additional car parking space for visitors. 16 cycle parking spaces have been provided in the form of eight (8) U-type stands within the basement.

• All ground floor dwellings have access to secluded private open space in the form of courtyards with paved areas off internal living rooms; all first and second floor dwellings have access to balconies with minimum areas above 8 square metres in area.

• The overall height of the proposal is 9.87 metres measured from natural ground level.

• No restrictive covenant is registered on the Certificate of Title.

• Recommendation – Notice of Decision with conditions.

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CONSULTATION:

• Notification has taken place in the form of letters to adjoining owners and occupiers and by the posting of a notice on site. • 27 objections have been received against the application.

• A consultation meeting has not been held as it was not considered likely that a resolution would be reached.

• The application has been referred to the following Council units:

Environmentally Sustainable Design Officer Transport Management Unit Capital Works Unit Public Realm Unit Darebin Parks Unit

RECOMMENDATION

THAT Planning Permit Application D661/11 be approved and a Notice of Decision to Grant a Permit be issued subject to the following conditions:

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j) A maximum height of 1.20 metres for the fence and gate to the entry of the building. k) A minimum height of 1.80 metres for all fences between the secluded private open spaces of the ground floor dwellings. l) A single communal antenna for the development. The location of the antenna must be shown on the roof plan and elevations. The height of the antenna must be nominated. m) The location of all plant and equipment (including air conditioners and the like). These are to be co-located where possible, screened to as not to be visible from the public realm and adjacent properties, located as far as practicable from site boundaries and integrated into the design of the building. n) Glass blocks or a similar fire rated, fixed obscure window treatment to the window of bedroom 1 of Dwelling 1. o) Details illustrating how light and ventilation enters the bedrooms of Dwellings 1, 2, 9, 10 and 11, which rely on borrowed light and/or are not fitted with operable windows. p) Deletion of a bedroom to Dwelling 3. q) The northern wall of the paved area to Dwelling 5’s secluded private open space to have a permeable section so as to allow light penetration. When approved, the plans will be endorsed and form part of this Permit.

2. The development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. 3. This Permit will expire if either: • The development does not start within three (3) years from the date of this Permit; or • The development is not completed and the use is not started within five (5) years of the date of this Permit. The Responsible Authority may extend the times referred to if a request is made in writing before this Permit expires or within three (3) months after the expiry date.

4. Prior to the issue of a building permit for any building or any works authorised by this permit, a development levy must be paid to Darebin City Council. The amount of the development levy for each charge unit must be calculated in accordance with Schedule 1 to the Development Contribution Plan Overlay. 5. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be prepared by a suitably qualified person and must incorporate: a) 3 low to medium canopy trees b) Details of the green roof, including section plan(s) and management notations. c) Details of all existing trees to be retained and all existing trees to be removed, including overhanging trees on adjoining properties. The genus, species, height and spread of all trees must be specified.

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d) A planting schedule of proposed vegetation detailing the botanical name, common name, size at maturity and quantities of all plants. e) Details of all surfaces including lawns, mulched garden beds and permeable and/or hard paving (such as asphalt, concrete, brick or gravel) demonstrating a minimum site permeability of 20%. f) Street trees within the nature strip/s adjacent to the property. g) All constructed items including retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting, clotheslines etc. h) Edge treatment between grass (lawn) and garden beds. i) An outline of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the subject site must also be shown. j) The location of both existing and proposed overhead and underground services. Conflicts of such services with the existing and proposed planting must be avoided. k) Clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers l) A scale, North Point and appropriate legend. The species of all proposed plants selected must be to the satisfaction of the Responsible Authority.

7. The landscaping as shown on the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority. 8. Before the development starts, a Sustainable Design Statement (SDS) and Sustainable Tools for Environmental Performance (STEPS) assessment detailing sustainable design strategies to be incorporated into the development to the satisfaction of the Responsible Authority must be submitted to, and approved in writing by the Responsible Authority. The SDS and STEPS assessment must outline proposed sustainable design initiatives within the development such as (but not limited to) energy efficiency, water conservation, stormwater quality, waste management and material selection. The development must be constructed in accordance with the requirements/ recommendations of the SDS and STEPS assessment to the satisfaction of the Responsible Authority.

9. Waste must be managed in accordance with the approved Waste Management Plan (identified as Waste Management Plan, prepared by Leigh Design and dated 8 August 2011) to the satisfaction of the Responsible Authority.

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10. Before development starts, an Acoustic Assessment of the development, to the satisfaction of the Responsible Authority, must be submitted to the Responsible Authority. The assessment must be prepared by a suitably qualified acoustic engineer and must detail recommended treatments of the development and/or the adoption of appropriate measures to ensure that:

a) Noise emissions associated with the operation of surrounding and nearby non- residential uses and traffic do not impact adversely on the amenity of the dwellings. b) Noise emissions from the development (including the operation of plant, transmission of noise between dwellings and the use of the car park) do not impact adversely on the amenity of dwellings within the development and neighbouring residential properties. The development must be constructed in accordance with the requirements/ recommendations of the approved Acoustic Assessment to the satisfaction of the Responsible Authority.

11. Floor levels shown on the endorsed plans must be confirmed. The confirmation of the ground floor level must take place no later than at the time of the inspection of the subfloor of the development required under the Building Act 1993 and the Building Regulations 2006. This confirmation must be in the form of a report from a licensed land surveyor and must be submitted to the Responsible Authority no later than 7 days from the date of the sub-floor inspection. The upper floor levels must be confirmed before a Certificate of Occupancy is issued, by a report from a licensed land surveyor submitted to the Responsible Authority. 12. Before the uses are occupied, an automatic external lighting system capable of illuminating the entries to the building, access to the car parking spaces and entry points and all pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority. The external lighting must be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority.

13. The land must be drained to the satisfaction of the Responsible Authority. 14. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority. 15. No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building/s without the prior written consent of the Responsible Authority. 16. Provision must be made on the land for letter boxes and receptacles for newspapers to the satisfaction of the Responsible Authority. 17. Before occupation of the development, areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be: a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans;

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c) Surfaced with an all weather sealcoat; and d) Drained to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose. 18. Before the development is occupied, vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.

REPORT

INTRODUCTION AND BACKGROUND

A search of Council records has found no planning history for the site.

ISSUES AND DISCUSSION

Subject site and surrounding area

• The site irregular in shape and made up of two (2) lots with a frontage of 22.97 metres, a depth of 39.62 metres and a site area of 913.81 square metres.

• The site is located in the Residential 1 Zone and is affected by the Development Contributions Plan Overlay.

• The site is located on the west side of Arthur Street, to the north of Separation Street. This section of Arthur Street, to the north of Separation Street, is a cul-de-sac.

• The site is occupied by a large, single storey, weatherboard dwelling with a cement sheet garage and a shed to the rear secluded private open space. There are a large number of trees on the site.

• The adjoining properties to the north and south are occupied by two (2) storey blocks of flats, both of which have vehicle access in the form of driveways along the common boundaries shared with the subject site.

• The adjoining property to the west is occupied by two (2) storey blocks of flats.

• The character of the area is mixed, with modified and intact post war, Victorian and Edwardian dwellings and more recent multi-unit infill, including two (2) storey blocks of flats, present. Dwellings are predominantly single storey, with some two (2) storey units and the two (2) storey blocks of flats present.

• The site is located approximately 600 metres from the Fairfield Village Retail Activity Centre to the south west, which is a Neighbourhood Activity Centre.

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• The site is proximate to public transport as follows: - Bus Route #508: approx 65 metres to the south on Separation Street - Bus Routes #158, 340, 350 and 508: approx 600 metres to the east on Grange Road - Fairfield Tran Station (Hurstbridge): approx 1.10 kilometres to the south west

Proposal

• The proposal is for a medium density housing development comprising the construction of a three (3) storey building (plus basement level) comprising 22 dwellings.

• The 22 dwellings are made up of 11 one (1) bedroom dwellings and 11 two (2) bedroom dwellings. Each of the dwellings has access to a basement with one (1) car parking space each and an additional car parking space for visitors. The car parking is organised into four (4) car stackers for residents with a traditional visitors car space, all located within a basement level. 16 cycle parking spaces have been provided in the form of eight (8) U-type stands within the basement.

• The basement also contains 6 cubic metre storage cages for first and second floor dwellings and a bin storage area.

• The overall height of the proposal is 9.87 metres measured from natural ground level.

• The open space provision can be summarised as follows:

Dwelling No. Bedrooms Secluded POS (square metres) 1 2 40.30 2 2 41.85 3 2 26.65 4 2 46.10 5 2 48 6 1 26.20 7 1 25.90 8 1 8.70 balcony 9 1 8.20 balcony 10 1 8 balcony 11 1 10.50 balcony 12 2 8.40 balcony + 4.50 balcony 13 2 8.80 balcony + 4.50 balcony 14 1 8 balcony 15 1 8 balcony 16 2 8.70 balcony

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Dwelling No. Bedrooms Secluded POS (square metres) 17 1 23.60 balcony 18 2 18.20 balcony 19 1 15.40 balcony 20 2 10 balcony 21 2 16.60 balcony 22 1 21.20 balcony

• The building is contemporary in design with a recessive second floor that is set back from the ground and first floors.

OBJECTIONS

• 27 objections have been received.

Objections summarised

• Overdevelopment • Density • Car parking and traffic • Design, height and form • Neighbourhood character • Materials • Site coverage • Permeability • Safety • Energy efficiency/Sustainability • Landscaping • Overshadowing • Overlooking • Daylight to existing windows • North facing windows • Side and rear setbacks • Private open space • Solar access to private open space • Internal amenity of proposed dwellings • Noise • Use of car stackers • Pollution • Construction impacts • Building regulations • Property values • Removal of existing trees • Impact on birds • Waste management • Undesirable tenants • Inappropriate planning procedure • Use of ‘medium density’ in the description during advertising.

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Officer comment on summarised objections

• The development accords with acknowledged policy for urban consolidation and increased densities.

• It is not considered that the increase in traffic from the subject development would place an unreasonable load on the surrounding street network. Additionally, no objections have been raised from Council’s Transport Management Unit regarding traffic on the local street network. Car parking is addressed in the assessment section of this report, with particular focus upon Clause 55 of the Darebin Planning Scheme.

• Neighbourhood character, design, form and materials are addressed within the assessment section of this report with particular focus on Clause 55 of the Darebin Planning Scheme and the relevant Neighbourhood Character Precinct Guidelines.

• Height, site coverage, permeability, landscaping, energy efficiency (sustainability) and safety are addressed within the assessment section of this report with particular focus on Clause 55 of the Darebin Planning Scheme.

• Setbacks, overlooking, overshadowing, daylight to existing windows and daylight to north facing windows are addressed within the assessment section of this report with particular focus on Clause 55 of the Darebin Planning Scheme.

• Internal amenity, secluded private open space provision and sunlight to private open space are addressed within the assessment section of this report with particular focus on Clause 55 of the Darebin Planning Scheme.

• The proposed residential use will have noise impacts consistent with those normal to a residential zone. Speech, laughter, music etc. are noises associated with people living their lives and are all part of life in an urban area. A condition of any approval will require an acoustic assessment that will ensure the operation of plant and machinery will not exceed Environmental Protection Authority (EPA) guidelines.

• Car stackers are a recognised form of car parking used to meet car parking requirements and have been approved on numerous occasions by Council and the Victorian Civil Administrative Tribunal (VCAT).

• It is not considered that a development of this size, within an established urban setting, will have noticeable impact on pollution levels.

• Construction management is not a planning issue. Times of construction are governed by EPA guidelines.

• The proposal, if approved, must gain the relevant building approvals before construction.

• Property values are speculative and not a planning matter.

• An arborist report has been submitted as part of the application and includes recommendations regarding existing trees on the site. Council’s Darebin Parks Unit and Public Realm Unit have requested that offsets be included due to the high retention value of three (3) trees located on the site. Conditions of any approval will

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require a minimum of three (3) low to medium canopy trees to be included in a landscape plan, and a green roof to be incorporated into the design of the building.

• Whilst the loss of existing trees may impact birdlife in the short term, the incorporation of at least three (3) low to medium canopy trees, landscaping and a green roof, will benefit birdlife in the future.

• A waste management plan has been provided by the applicant and will be secured via condition. The waste management plan stipulates that waste is to be collected via private contractor, who will transfer the bins from the storage area in the basement, to a truck in Arthur Street. Collection times are to be in accordance with EPA guidelines.

• There is no evidence to suggest that medium density housing development, such as the proposal, will attract undesirable tenants.

• Sufficient information to enable an informed view of the application has been made available for viewing at Council offices as part of the notification process, which has been carried out in accordance with Section 57 of the Planning and Environment Act 1987. Additional information submitted with the application, such as the Glossop Town Planning Report, has been made available at the request of interested parties.

• The application was advertised as ‘a medium density housing development comprising the construction of a three (3) storey building (plus basement level) comprising 22 dwellings’. There is no definition of medium density or high density in the Darebin Planning Scheme or under the Planning and Environment Act 1987. Council considers ‘medium density’ to be a clear way to describe medium sized developments which sit between single dwellings (low-density) and residential towers (high-density) in height, scale and density. Furthermore it is considered that the advertised description gives a clear illustration of the proposal in terms of height and dwelling numbers.

PLANNING ASSESSMENT

NEIGHBOURHOOD CHARACTER PRECINCT B3 GUIDELINE ASSESSMENT:

It is important to note that the Neighbourhood Precinct B3 Guideline is not a particularly accurate statement of existing character in this section of Arthur Street (the cul-de-sac) as it describes the existing character as generally derived from the Edwardian and Interwar architectural styles with many streets containing intact rows of dwellings from one of these eras with isolated Victorian dwellings that have been retained. The character of the area is mixed, with modified and intact post war, Victorian and Edwardian dwellings and more recent multi-unit infill, including double storey blocks of flats, present. Dwellings are predominantly single storey, with some double storey units and the double storey blocks of flats present.

Existing Buildings

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

The site is not affected by a Heritage Overlay and so the existing dwelling’s demolition is considered acceptable.

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Complies

Vegetation

To maintain and strengthen the garden setting of the dwellings and the presence of trees in the streetscape.

The proposal will result in the loss of several trees on the site. These trees contribute to the canopy cover and so conditions of any approval will require a detailed landscaping plan with a minimum of three (3) low to medium canopy trees and a green roof. The indicative garden layout allows adequate space for landscaping, including to the front of the proposed fence, which will respect the garden setting of the streetscape.

A 1.80 minimum side setback is considered to be acceptable in terms of allowing for landscaping of medium height to be established. It is noted that in Orcone Pty Ltd v Knox City Council [2011] VCAT 1136 (16 June 2011) , the tribunal considered a setback of 1.70 metres to be appropriate to allow landscaping to reach a mature height (in that instance up to 6 metres).

Complies subject to condition

Siting

To provide space for front gardens.

To maintain and reinforce the existing rhythm of spacing between dwellings.

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

The front setback of the building allows space for a front garden area and has a similar front setback to the two (2) adjoining properties fronting Arthur Street.

The building is set back from both side boundaries and the rear boundary, which allows for planting (as discussed above) and reinforces the rhythm of spacing between dwellings.

The entry to the basement car park is set back from the front façade of the building and sunk below ground level, which reduces its dominance from the street.

Complies

Height and building form

To ensure that buildings and extensions respect the predominant height and form of buildings in the streetscape.

The predominant height of buildings in the street is single storey; however there are a number of double storey buildings in the area, including the double storey flats on the adjoining properties to the north and south. The second floor has been set back from the north and the south so as to assist the building to appear as a transitional element between the adjoining properties to the north and south. The streetscape elevation illustrates how the building will not appear as an over-dominant element in the streetscape, given the site context.

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The use of flat roofing has reduced the bulk of the building. Although pitched roofs are predominant in the area, the adjoining property to the north has a flat roof and so the proposed roof is considered suited to the streetscape.

Complies

Materials and Design Detail

To ensure that the use of materials and design detail in new development complements that of the predominant building styles in the street.

To encourage buildings that contribute positively to the streetscape through the use of innovative architectural responses and by presenting visually interesting facades to the street.

To use materials and finishes that harmonise with the Darebin Creek setting for dwellings within close proximity of the creek.

Painted render and timber cladding respect the more traditional brick and weatherboard dwellings in the neighbourhood, whilst Alucobond feature cladding is a high quality, durable material which will site comfortably in the streetscape setting, whilst complementing the contemporary appearance of the building. A condition of any approval will require an amended materials and colour schedule to be submitted which shows the permeable garage door.

The building provides a high level of visual articulation, with varied setbacks and strong vertical and horizontal design elements which break up the façade.

The site is not located proximate to Darebin Creek.

Complies subject to condition

Front boundary treatment

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

The height of the fence, at 1.58 metres to 1.80 metres, reflects the high fencing that is present on the adjoining properties to the north and south, however it is set back in order to allow for a garden area to the street. A condition of any approval will require the section of the fence and gate adjacent to the entry to be reduced to a maximum height of 1.20 metres to improve integration with the street and sense of address.

Complies with objective subject to condition

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CLAUSE 55 ASSESSMENT

Standard B1 - Neighbourhood Character

This element has been considered above in the Neighbourhood Character Guidelines Assessment.

Complies subject to condition.

Standard B3: Dwelling Diversity

The development contains both one (1) and two (2) bedroom dwellings, which contributes to the diversity of housing in the area.

Complies

Standard B4: Infrastructure

Complies subject to condition

Standard B5: Integration with the Street

The proposal provides adequate vehicle and pedestrian links with separate pedestrian entries. The development fronts the street network. A condition of any approval will require the fence and gate between the rendered brick walls to be reduced in height to a maximum of 1.20 metres so as to improve the integration of the entry with the street.

Complies subject to condition

Standard B6: Street Setback

The front setbacks of the adjoining dwellings are 6.20 metres and 6 metres. The standard therefore requires a setback of 6.10 metres.

The proposed front setback of 4.50 metres does not comply with the standard, however the design response is considered to be acceptable due to the following: The setback addresses the relevant requirements of the Neighbourhood Character Study, in that it allows adequate provision for landscaping. The design provides a graduated and staggered setback leading from the lesser setback in the middle of the site to the larger setbacks to the north and south at 6.10 metres and 6.18 metres respectively. The building’s façade is appropriately articulated. The front setback will not result in unreasonable visual bulk when viewed from the street or adjoining properties.

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The proposed setback results in efficient use of the site. The existing streetscape is not consistent and provides for varied setbacks. Complies with objective.

Standard B7: Building Height

The proposed building has a maximum height of 9.87 metres which complies with the standard requiring a maximum height not exceeding 10 metres where the site has a natural slope of 2.50 degrees or more. Complies Standard B8: Site Coverage

The area covered by buildings should not exceed a site coverage of 60%. The site coverage of 70.80% is considered acceptable due to the design response; the relatively low impact of the visual bulk of the building, given that it adjoins driveways and a service yard, and the high site coverage of adjacent properties. Complies with objective Standard B9: Permeability

The proposal is considered to be generally energy efficient due to the following:

• Attached construction. • The development does not unreasonably affect the solar access and energy efficiency of neighbouring dwellings. • Natural ventilation is available in the design, with operable louvers on the eastern elevation of the first and second floors. • All second floors, internally located bathrooms include operable skylights with block out blinds for solar control. • A condition of any approval will require CO monitoring and variable speed fans and/or natural ventilation to the basement. • A condition of any approval will require ground floor dwellings to have external clothes drying facilities. • A condition or any approval will require lights to common areas to be lit with timer and/or motion sensor controlled lighting. • A condition of any approval will require a STEPS assessment and SDA report to be completed and any modifications required to be incorporated on the plan.

Complies subject to condition

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Standard B12: Safety

A condition of any approval will require the fence and gate between the rendered brick walls to be reduced in height to a maximum of 1.20 metres so as to improve the view of the entry from the street. The development is designed to provide good lighting, visibility and surveillance of street. The private open space within the development is protected from inappropriate use as a public thoroughfare. Complies subject to condition

Standard B13: Landscaping

The surrounding landscape character is generally semi mature and informal with large open spaces and spacious setbacks. The open spaces and setbacks are generally large enough to provide sufficient landscaping. A detailed landscape plan will be required as a condition of any approval. Conditions of any approval will require a green roof and a minimum of three (3) low to medium canopy trees, as requested by Council’s Darebin Parks Unit and Public Realm Unit as offsets for the loss of existing trees. Complies subject to condition

Standard B14: Access

Vehicle access to and from the site is safe, manageable and convenient. The number and design of the vehicle crossover(s) respects the neighbourhood character. The width of the accessway is 5 metres. Pedestrian visibility splays have been provided to both sides of the accessway so as to improve pedestrian safety. The crossover to the street, taking up 21.77% of the frontage, is acceptable given that the standard requires that no more than 33% of the frontage should be taken up by vehicle accessways. Adequate turning areas are provided to allow vehicles to enter and exit the site in a forward direction. Complies

Standard B16: Parking Provision

One (1) car parking space is provided for each of the dwellings, which are one (1) and two (2) bedroom dwellings. One (1) visitor car parking space is provided, which is considered acceptable for a development of this size. The applicant has provided a traffic impact assessment which includes a traffic survey focusing upon car parking spaces available to visitors. Council’s Transport Management Unit has no objection to the traffic impact assessment. The car parking spaces and the accessway have appropriate dimension to enable efficient use and management.

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The dimensions of the car parking spaces within the stackers provide appropriate width and length for manoeuvrability. Access dimensions to the car spaces comply with the standard.

The site is located approximately 600 metres from the Fairfield Village Retail Activity Centre to the south west, which is a Neighbourhood Activity Centre.

The site is proximate to public transport as follows: - Bus Route #508: approx 65 metres to the south on Separation Street - Bus Routes #158, 340, 350 and 508: approx 600 metres to the east on Grange Road - Fairfield Tran Station (Hurstbridge): approx 1.10 kilometres to the south west

Complies with objective

Standard B17: Side and Rear Setbacks

* Please note that all wall heights are to natural ground level (NGL).

Ground floor

Boundary Wall height Required Proposed Setback setback Northern 2.50 metres 1 metre 1.80 metres Southern 2.90 metres 1 metre 1.85 metres Western 3.70 metres 1.03 metres 1.20 metres

First Floor

Boundary Wall height Required Proposed Setback setback Northern 6.91 metres 2.01 metres 1.90 metres Southern 6.30 metres 1.40 metres 1.85 metres Western 6.30 metres 1.40 metres 3 metres

Second Floor

Boundary Wall height Required Proposed Setback setback Northern 9.07 metres 4.17 metres 3.65 metres Southern 9.87 metres 4.97 metres 4.50 metres Western 9.07 metres 4.17 metres 3.29 metres

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Those setbacks shown underlined above do not comply with the standard, however all interfaces to the north, south and west are not sensitive as they are driveways or service yards, and the reductions in setbacks are therefore considered acceptable as they will have no detrimental impact on areas of secluded private open space. Complies with objective

Standard B18: Walls on Boundaries

There are no walls on boundaries proposed. Not applicable

Standard B19: Daylight to Existing Windows

An area of at least 3 square metres with a minimum dimension of 1 metre clear to the sky is provided opposite all existing habitable room windows, which complies with the standard. All proposed walls are set back more than the required 50% of their heights from opposite existing habitable room windows. The development allows adequate daylight to neighbouring existing habitable room windows. Complies

Standard B20: North Facing Windows

There are no north-facing habitable room windows on adjoining properties within 3 metres of the common boundary. Not applicable

Standard B21: Overshadowing

Overshadowing of adjoining open space meets the standard and objective.

Overshadowing of the adjoining properties to the south and west does not affect secluded private open space, rather a service yard and a driveway, and is therefore acceptable as it does not impact any areas of secluded private open space. Complies

Standard B22: Overlooking

The ground floor of the building has a finished floor level less than 800mm above natural ground level and is separated from adjoining properties by a 1.80 metre high fence to the north, a 1.60 metre fence with an additional 600mm trellis to the south and a 1.60 metre high fence to the west. The western facing ground floor dwellings are considered acceptable without further screening as they have finished floor levels that are 900mm below natural ground level due to a site cut, and are located opposite a service yard to the west.

All first floor windows and balconies to the north, south and west are screened with obscure glazing up to 1.70 metres from finished floor level.

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All second floor windows and balconies to the north and west are screened with obscure glazing up to 1.70 metres from finished floor level or sill heights to 2 metres from finished floor level. The second floor windows and balconies to the south are not within 9 metres of any areas of secluded private open space. It is important to note that the secluded private open space of the adjoining property to the south west is occupied by large outbuildings to the common boundary which ensure that the open space is not within the 9 metres of any proposed balconies. Complies

Standard B23: Internal Views

Measures outlined under Standard B22 to screen views of adjoining properties also minimise internal views from upper levels.

A condition of any approval will require the dividing fences between ground floor dwellings to have a minimum height of 1.80 metres.

Complies subject to condition

Standard B24: Noise Impacts

A condition of any approval will require an acoustic assessment to ensure that plant noise will have no detrimental impact on the amenity of the proposed development or adjoining properties. Complies subject to condition

Standard B26: Dwelling Entry

A condition of any approval will require the fence and gate between the rendered brick walls to be reduced in height to a maximum of 1.20 metres so as to improve the sense of address. The entry porch provides shelter from the weather. Complies subject to condition.

Standard B27: Daylight to New Windows

Adequate daylight will be available to the windows in the new development.

All new habitable room windows within the development will be located to face an outdoor area of at least 3.0 square metres with a minimum dimension of 1.0 metre clear to the sky. A condition of any approval will require the window to bedroom 1 of Dwelling 1 to be deleted as it is located adjacent to the secluded private open space of Dwelling 2. A condition of any approval will require details of how light will enter the bedrooms that rely on borrowed light for Dwellings 1, 2, 9, 10 and 11. Complies subject to condition

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Standard B28: Private Open Space

Subject to condition, the development provides adequate private open space (pos) for the reasonable recreation and service needs of residents. This is generally achieved through the provision of 40 square metres of secluded private open space with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room at ground floor level or through the provision of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room. Dwelling No. Secluded POS (square Secluded POS with a minimum metres) dimension of 3 metres (ground floor) or 1.60 metres (balconies) 1 40.30 40.30 2 41.85 26.65 3 26.65 26.65 4 46.10 25.30 5 48 26.50 6 26.20 26.20 7 25.90 25.90 8 8.70 balcony 8.70 balcony 9 8.20 balcony 8.20 balcony 10 8 balcony 8 balcony 11 10.50 balcony 10.50 balcony 12 8.40 balcony + 4.50 balcony 8.40 balcony + 4.50 balcony 13 8.80 balcony + 4.50 balcony 8.80 balcony + 4.50 balcony 14 8 balcony 8 balcony 15 8 balcony 8 balcony 16 8.70 balcony 8.70 balcony 17 23.60 balcony 23.60 balcony 18 18.20 balcony 18.20 balcony 19 15.40 balcony 15.40 balcony 20 10 balcony 10 balcony 21 16.60 balcony 16.60 balcony 22 21.20 balcony 21.20 balcony

Dwellings 3, 6 and 7 are shown underlined as they do not comply with the standard. Dwellings 6 and 7 are considered acceptable as they are one (1) bedroom dwellings and meet the minimal area of secluded private open space of 25 square metres required under the standard. As one (1) bedroom units are likely to be occupied by a maximum of two (2) people and unlikely to be occupied by families, it is considered acceptable for smaller private open space areas to be provided, subject to them being of a useable dimension and directly accessible from a living room. The secluded private open space provision of 26.65 square metres for Dwelling 3 is considered unacceptable for a two (2) bedroom dwelling. A condition of any approval will require the deletion of a bedroom from this dwelling. All secluded private open space areas have direct access to a living room. Complies subject to condition

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Standard B29: Solar Access to Open Space

Ground floor:

Dwellings 1, 6, and 7 have secluded private open space with direct access to northern light. Dwellings 4 and 5 have secluded private open space that has some access to northern light. A condition of any approval will require the northern wall of the paved area to the secluded private open space of Dwelling 5 to have a section that is permeable so as to allow northern light to enter the entire open space area. The secluded private open spaces of Dwellings 2 and 3 do not comply with the standard as they are located on the southern side of the building, however this is considered acceptable due to the constraints of the site, because their secluded private open spaces are of a useable area and are directly accessible from internal living rooms. First Floor Dwellings 13, 14, 15 and 16 have secluded private open space with direct access to northern light. Dwellings 8 and 12 have secluded private open space with east and west orientation respectively, which will allow them acceptable access to light. The secluded private open spaces of Dwellings 9, 10 and 11 do not comply with the standard as they are located on the southern side of the building, however this is considered acceptable due to the constraints of the site, because their secluded private open spaces are of a useable area and are directly accessible from internal living rooms. Second Floor Dwellings 20, 21 and 22 have secluded private open space with direct access to northern light. Dwellings 17 and 19 have secluded private open space with east and west orientation respectively, will allow them acceptable access to light. The secluded private open space of Dwelling 18 does not comply with the standard as it is located on the southern side of the building, however this is considered acceptable due to the constraints of the site, because the secluded private open space is of a useable area and is directly accessible from internal living rooms. Complies with objective

Standard B32: Front Fences

Complies with objective subject to condition

Standard B33: Common Property

The public, communal and private areas within the development are clearly delineated. The common property is functional and capable of efficient management.

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Complies

Standard B34: Site Services

Sufficient area is provided to allow for the installation and the maintenance of site services.

Conditions of any approval will secure that the waste management plan is put into operation, a communal television antennae and all plant are shown. Complies subject to condition

POLICY IMPLICATIONS

Environmental Sustainability

All new dwellings are required to achieve a minimum six (6) star energy rating under the relevant building controls. Condition of any approval will require a number of ESD measures to be incorporated in the design of the development.

Social Inclusion and Diversity

Nil.

Other

Nil.

FINANCIAL AND RESOURCE IMPLICATIONS

There are no financial or resource implications as a result of the determination of this application.

FUTURE ACTIONS

Nil.

DISCLOSURE OF INTERESTS

The Manager authorising this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

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RELATED DOCUMENTS

Darebin Planning Scheme Planning and Environment Act (1987) as amended

COMMITTEE DECISION

MOVED: Cr. V. Fontana SECONDED: Cr. S. Chiang

THAT consideration of the application be deferred until the next Planning Committee meeting on 23 January 2012.

CARRIED

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5.11 APPLICATION FOR PLANNING PERMIT D/807/2011 31-33 Comas Grove and 2A Hill Street, Thornbury

AUTHOR: Principal Planner – John Limbach

DIRECTOR: Director City Works and Development – Michael Ballock

OWNER/APPLICANT/CONSULTANT:

Applicant: VMC C/O Chahid Kairouz Architects 97 Collins St THORNBURY VIC 3071

Owner: The Roman Catholic Trust Corp Diocese Of Melbourne 383 Albert St EAST MELBOURNE VIC 3002

SUMMARY:

• The proposal is for a medium density housing development comprising the construction of:

- A four (4) storey building (plus basement level) consisting of 36 dwellings and a double storey building (plus roof terrace level) consisting of two (2) dwellings fronting Hill Street;

- Two (2) double storey buildings (plus roof terrace level) consisting of four (4) and five (5) dwellings each fronting Comas Grove;

- A reduction in the car parking requirement associated with the four (4) storey building.

• The proposal includes 47 dwellings in total, with a mix of 21 one (1) bedroom, 24 two (2) bedroom and two (2), two (2) bedroom dwellings.

• The four (4) storey building includes 38 car parking spaced within the basement level, which includes two (2) car parking spaces for the two (2) ‘terrace T’ dwellings.

• The ‘terrace A’ building includes five (5) car parking spaces.

• The ‘terrace B’ building includes four (4) car parking spaces.

• The four (4) storey building would have ground floor dwellings with access to secluded private open space in the range of 25 square metres to 45 square metres in area. The first, second and third floor dwellings would have access to secluded private open space in the form of balconies that range from 8 square metres to 20 square metres in area.

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• The two (2) storey ‘terrace T’ building would have dwellings with access to ground floor secluded private open space that ranges from 23 square metres to 26 square metres in area as well as secluded private open space in the form of rooftop terraces that range from 26 square metres to 38 square metres in area.

• The two (2) storey ‘terrace A’ building would have dwellings with access to ground floor secluded private open space that ranges from 17 square metres to 22 square metres in area as well as secluded private open space in the form of rooftop terraces that range from 30 square metres to 35 square metres in area.

• The two (2) storey ‘terrace B’ building would have dwellings with access to ground floor secluded private open space that ranges from 21 square metres to 31 square metres in area as well as secluded private open space in the form of rooftop terraces that range from 18 square metres to 25 square metres in area.

• The four (4) storey building would have a maximum height of 11.80 metres.

• The two (2) storey ‘terrace T’ building would have a maximum height of 8.20 metres.

• The two (2) storey ‘terrace A’ building would have a maximum height of 8.35 metres.

• The two (2) storey ‘terrace B’ building would have a maximum height of 8.33 metres.

• Two (2) covenants are registered on the two (2) Certificate of Title.

1. The covenant registered on Instrument of Transfer No. 789303 states the following:

..’not dig for or remove from off the said land any soil, sand, clay, stone or gravel except in the way of excavating for the foundations of any building to be erected on the said land or for use in such building or in preparing or layout out gardens to be occupied therewith and no bricks, tiles, clay or cement shall at any time be manufactured or burnt upon the said land nor shall any quarrying be carried out on or conducted thereon, nor shall any tanning or similar business or noxious trade or business be carried out on the said land which is likely to contaminate or pollute the water contained in the Merri Creek..’

2. The covenant registered on Instrument of Transfer No. 968805 stated the following:

..’not dig for or remove from off the said land any soil, sand, clay, stone or gravel except in the way of excavating for the foundations of any building to be erected on the said land or for use in such building or in preparation or laying out gardens to be occupied therewith and no bricks, tiles, clay or cement shall at any time be manufactured or burnt upon the said land nor shall any quarrying be carried out on or conducted thereon, or shall any tanning or similar business or noxious trade or business be carried out on the said land which is likely to contaminate or pollute the water contained in the Merri Creek..’

The proposal will not contravene either of the covenants.

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• There Planning Permit Application D807/2011 be refused and a Notice of Refusal be issued with grounds.

CONSULTATION:

• Notification has taken place in the form of letters to adjoining and nearby owners and occupiers and by the posting of a notice on site.

• 112 objections have been received against the application.

• A consultation meeting has not been held as it was not considered likely that a resolution would be reached.

• The application has been referred to the following Council units:

Environmentally Sustainable Design Officer Transport Management Unit Capital Works Unit Darebin Parks Unit Strategic Planning Unit

RECOMMENDATION

THAT Planning Permit Application D807/2011 be refused and a Notice of Refusal be issued on the following grounds:

1. The proposal does not comply with objectives 1.1 or 1.2 of the Guidelines for Higher Density Residential Development, or Clause 55 of the Darebin Planning Scheme as it is not accompanied by an acceptable written statement or design response.

2. The proposal does not respect the cultural, architectural or historic associations and significance of the site.

3. Insufficient on-site car parking is provided for residents and visitors of the four (4) storey component.

4. The proposal fails to comply with Clause 22.04 (Neighbourhood Character); Clause 55.02-1 (Neighbourhood Character) and Clause 15.01 (Urban Environment) of the Darebin Planning Scheme and the Guidelines for Higher Density Residential Development, with specific regard to:

• The height and form of the four (4) storey component, which would have a detrimental impact on the low-scale ‘backyard realm’ character of the area.

• The height and form of the four (4) storey component which would appear as visually bulky and over-dominant when viewed from the secluded private open space of adjoining residential properties.

• The poor sense of address and entry shelter to the four (4) storey component.

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• The minimal side setbacks of terraces A and B, which would have a detrimental impact on the existing side boundary pattern and the existing rhythm of spacing between dwellings.

• The height and form of terraces A and B, which would appear out of scale with existing buildings and would dominate the streetscape.

5. The proposed four (4) storey component fails to comply with the following objectives at Clause 22.10 of the Darebin Planning Scheme:

• Design and Materials

• Building Height

• Street Address

6. The proposed development is not consistent with the following objectives/standards of Clause 55 of the Darebin Planning Scheme:

• Clause 55.02-1 Standard B1 Neighbourhood Character – in addition to the grounds outlined in item No.4 above, the proposed development is inconsistent with the pattern of development in the surrounding area.

• Clause 55.02-2 Standard B2 Residential Policy - The proposal is not accompanied by an acceptable written statement and design response. The proposal does not comply with the State Planning Policy Framework, the Local Planning Policy Framework including Council’s Municipal Strategic Statement and local planning policies.

• Clause 55.03-10 Standard B15 Parking Location – the car parking spaces to terrace T are not reasonably close or convenient to the dwellings.

• Clause 55.05-5 Standard B29 Solar Access to Open Space – the secluded private open space to dwelling A1 has not been designed to receive sufficient solar access.

• Clause 55.06-1 Standard B31 Design Detail – the design detail of the proposed terraces A and B is not consistent with the character of dwellings in the surrounding area.

7. The proposal would result in the loss of a street tree (Comas Grove frontage) which is considered to be of high amenity value.

8. The proposal is considered an overdevelopment.

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REPORT

INTRODUCTION AND BACKGROUND

A search of Council records has found no relevant Planning history for the subject site.

ISSUES AND DISCUSSION

Subject site and surrounding area

• The site is made up of four (4) lots on two (2) separate titles, which together form an L shaped site which fronts both Comas Grove to the east and Hill Street to the south. The site has a frontage of 38.67 metres to Comas Grove and 25.20 metres to Hill Street. The maximum depth of the site is 45.11 metres measured from Comas Grove and 72.15 metres from Hill Street. The land falls approximately 300mm from west to east and approximately 300mm from north to south.

• The site is located in the Residential 1 Zone and is affected by the Development Contributions Plan Overlay.

• The site is located on the west side of Comas Grove, opposite the intersection with Hutton Street, and on the north side of Hill Street, Thornbury.

• The site contains a large bungalow style dwelling to the Comas Grove frontage, with a number of outbuildings toward the rear, including a former dairy building towards the Hill Street frontage. The existing dwelling dominates this section of Comas Grove and is visible down the length of Hutton Street to the east. There are a large number of trees located throughout the site.

• The adjoining properties are described as follows:

North

35 Comas Grove:

Occupied by a single storey, weatherboard bungalow style dwelling, that has been altered externally, with secluded private open space and garages to the side and rear.

109 Fyffe Street:

Occupied by single storey, brick units with a driveway along the western boundary of the property.

111 Fyffe Street:

Occupied by a double storey, brick block of flats with a large car parking area to the rear, adjoining the boundary with the subject site.

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South

31A Comas Grove:

Occupied by a single storey, brick post-war style dwelling with vehicle access along its southern boundary and a swimming pool within the rear secluded private open space.

East

31A Comas Grove:

Occupied by a single storey, brick post-war style dwelling with vehicle access along its southern boundary and a swimming pool within the rear secluded private open space.

29 Comas Grove:

Occupied by a single storey, inter-war style dwelling fronting Comas Grove, and two (2) double storey, brick contemporary style dwellings fronting Hill Street.

West

2 Hill Street:

Occupied by a single storey, weatherboard bungalow style dwelling with secluded private open space and outbuildings to the rear.

15 Strettle Street:

Occupied by a large double storey, brick building used for aged care ‘St Paul’s Hostel for the Elderly’. This site is under common ownership with the subject site.

• The site is in an area generally characterised as an established residential area located on sloping land edging the Merri Creek valley. There are many older buildings, dating from the Inter-war and Post-war eras that are an important part of the area’s character, in addition to modern infill development. Overall, the streetscapes are defined by a consistency of building scale and setbacks. The gardens are well established as is street planting.

• The site is proximate to the following public transport:

Bus Route 510: approximately 400 metres to the south Tram Routes 11 & 112: approximately 600 metres to the north east Thornbury Train Station (Epping): approximately 1.30km to the east

Proposal

• The proposal is for a medium density housing development comprising the construction of:

- A four (4) storey building (plus basement level) consisting of 36 dwellings and a double storey building (plus roof terrace level) consisting of two (2) dwellings fronting Hill Street;

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- Two (2) double storey buildings (plus roof terrace level) consisting of four (4) and five (5) dwellings each fronting Comas Grove;

- A reduction in the car parking requirement associated with the four (4) storey building.

• The proposal includes 47 dwellings in total, with a mix of 21 one (1) bedroom, 24 two (2) bedroom and two (2), two (2) bedroom dwellings.

• The four (4) storey building includes 38 car parking spaced within the basement level, which includes two (2) car parking spaces for the two (2) ‘terrace T’ dwellings.

• The ‘terrace A’ building includes five (5) car parking spaces.

• The ‘terrace B’ building includes four (4) car parking spaces.

• The two (2) storey ‘terrace B’ building would have dwellings with access to ground floor secluded private open space that ranges from 21 square meters to 31 square metres in area as well as secluded private open space in the form of rooftop terraces that range from 18 square metres to 25 square metres in area.

• The four (4) storey building would have a maximum height of 11.80 metres.

• The two (2) storey ‘terrace T’ building would have a maximum height of 8.20 metres.

• The two (2) storey ‘terrace A’ building would have a maximum height of 8.35 metres.

• The two (2) storey ‘terrace B’ building would have a maximum height of 8.33 metres.

OBJECTIONS

• 112 objections have been received.

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Objections summarised

• Overdevelopment • Density • Not in accordance with State Planning Policy Framework (SPPF) • Car parking and traffic • Design, height and form • Neighbourhood character • Materials • Historical value of the existing dwelling located on the site • Infrastructure • Site coverage • Energy efficiency (sustainability) • Landscaping • Overshadowing • Overlooking • Daylight to existing windows • North facing windows • Side and rear setbacks • Private open space • Solar access to private open space • Internal amenity of proposed dwellings • Noise • Drainage • Pollution • Construction impacts • Building regulations • Property values • Removal of existing trees • Impact on local habitat • Waste management • Undesirable tenants • Inadequate consultation • Use of ‘medium density’ in the description during advertising • Incorrect detail on plans • Contaminated land.

Officer comment on summarised objections

• Whilst the proposal accords with acknowledged policy for urban consolidation and increased densities, it fails to respect the neighbourhood character of the area and is considered an overdevelopment, as discussed within the assessment section of this report.

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• Car parking is addressed in the assessment section of this report, with particular focus upon Clause 22.10, Clause 52.06 and Clause 55 of the Darebin Planning Scheme.

• Neighbourhood character, design, form, height and materials are addressed within the assessment section of this report with particular focus on Clause 55 of the Darebin Planning Scheme and the relevant Neighbourhood Character Precinct Guidelines.

• The heritage value of the existing dwelling and buildings on the site is currently being investigated by Council, and is addressed within the assessment section of this report, with particular focus on State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF).

• Energy efficiency (sustainability), infrastructure, landscaping and site coverage are addressed in the assessment section of this report with particular focus on Clause 55 and Clause 22.10 of the Darebin Planning Scheme.

• Overlooking, overshadowing, daylight to existing windows, daylight to north facing windows and side and rear setbacks are addressed within the assessment section of this report with particular focus on Clause 22.10 and Clause 55 of the Darebin Planning Scheme.

• The proposed residential use will have noise impacts consistent with those normal to a residential zone. Speech, laughter, music etc. are noises associated with people living their lives and are all part of life in an urban area. A condition of any approval would require an acoustic assessment that will ensure the operation of plant and machinery and the gymnasium would not exceed Environmental Protection Authority (EPA) guidelines.

• It is not considered that a residential development, within an established urban setting, will have noticeable impact on pollution levels.

• Construction management is not a planning issue. Times of construction are governed by EPA guidelines.

• The proposal, if approved, must gain the relevant building approvals before construction.

• Property values are speculative and not a planning matter.

• The proposal has been referred to Council’s Capital Works Unit, who has no objection to the proposal subject to drainage requirements.

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• An arborist report has been submitted as part of the application and includes recommendations regarding existing trees on the site. Council’s Darebin Parks Unit generally agree with the recommendations contained within the arborist report, and would agree to the removal of the proposed trees on the understanding that at least eight (8) suitable low to medium canopy trees are included in any landscape plan. The loss of the street tree to Comas Grove is considered unacceptable as it is of high amenity value.

• Conditions of any approval would require tree protection measures for trees on adjoining properties, where appropriate.

• Whilst the loss of existing trees may impact fauna in the short term, the incorporation of at least eight (8) low to medium canopy trees and landscaping would benefit fauna in the future.

• A condition of any approval would require a waste management plan to be submitted to Council’s satisfaction. The waste management would have to stipulate that waste would be collected via private contractor. Collection times would have to be in accordance with EPA guidelines.

• There is no evidence to suggest that medium density housing development, such as the proposal, will attract undesirable tenants.

• Notification of the application has been extensive and has been carried out in accordance with Section 57 of the Planning and Environment Act, in the form of letters to owners and occupiers of adjoining and nearby properties, as well as a sign posted on each of the Comas Grove and Hill Street frontages. The fact that 112 objections to the proposal have been received is evidence that the notification method and period were successful.

• Contaminated land is addressed within the assessment section of this report with particular focus upon Clause 13.03 (soil degradation) of the Darebin Planning Scheme.

• The application was advertised as follows:

The proposal is for a medium density housing development comprising the construction of:

- A four (4) storey building (plus basement level) consisting of 36 dwellings and a double storey building (plus roof terrace level) consisting of two (2) dwellings fronting Hill Street;

- Two (2) double storey buildings (plus roof terrace level) consisting of four (4) and five (5) dwellings each fronting Comas Grove;

- A reduction in the car parking requirement associated with the four (4) storey building.

There is no definition of medium density or high density in the Darebin Planning Scheme or under the Planning and Environment Act 1987. Council considers ‘medium density’ to be a clear way to describe medium sized developments which sit between single dwellings (low-density) and residential towers (high-density) in height, scale and

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density. Furthermore it is considered that the advertised description gives a clear illustration of the proposal in terms of height and dwelling numbers .

• Council has identified a number of inaccuracies on the advertised plans, including the location of buildings on adjoining properties, and these have been rectified by the applicant.

PLANNING ASSESSMENT

Soil Degradation (Clause 13.03)

The objective of Clause 13.03 of the Darebin Planning Scheme is to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely.

Section 60 (1)(e) of the Planning and Environment Act 1987 states that Council must consider any significant effects (e.g. contamination) which it considers the environment may have on the use or development.

Council has no records of the site being used for a use that has a high potential for contamination as shown in Table 1 – Potential Contamination of the General Practice Note ‘Potentially Contaminated Land (Department of Sustainability and Environment) June 2005 .

As a consequence of no previous uses being identified that have a high potential for contamination, there will be no requirement for a site assessment to be submitted.

Built Environment and Heritage (Clause 15)

Planning should ensure all new land use and development appropriately responds to the surrounding landscape, preferred neighbourhood character and cultural context. Sites with significant heritage, architectural, aesthetic, scientific and cultural value should be protected. Council is currently investigating the heritage, architectural and cultural value of the existing dwelling and existing buildings located on the subject site.

There is no Heritage Overlay affecting the site, however as noted in Minawood Pty Ltd v Bayside CC (includes Summary)(Red Dot)[2009] VCAT 440:

‘…we reject the suggestion by the applicant that we can not consider its heritage or cultural value because there is no permit trigger available under the Heritage Overlay. We consider that issues of heritage, cultural identity and neighbourhood character are all relevant because of the general objectives about such matters found within the planning policy framework of the planning scheme and the directives in section 60(1) of the Act’

‘Heritage values are not created by the application of a Heritage Overlay. Rather, the overlay is a means of recognising and protecting pre-existent heritage values. Therefore, just because there is no Heritage Overlay…does not mean to say that it lacks any heritage value.’

The Darebin Planning Scheme has a number of objectives related to cultural, heritage and architectural value, as well as neighbourhood character, within the State Planning Policy

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Framework (SPPF) and the Local Planning Policy Framework (LPPF) which will be discussed throughout this report.

Urban Environment (Clause 15.01)

Clause 15.01 provides an avenue for assessment for developments not covered by Clause 55, such as the four (4) storey component of the proposal. The following are relevant points provided in relation to the assessment against Clause 15.01: • The proposal is considered unacceptable in terms of its location within a Residential 1 Zone in that:

- It presents a form and height which would have a detrimental impact on the established ‘backyard realm’ of adjoining and nearby residential properties.

- The four (4) storey component would have appear visually bulky and over- dominant when viewed from adjoining or nearby secluded private open space.

- The entry to the building is difficult to identify and fails to provide a sense of address or shelter.

- The third floor would have an impact on the historical, cultural and architectural value of the existing dwelling as it would be visible from Comas Grove.

Cultural Identity and Neighbourhood Character (Clause 15.01-5)

Objective

To recognise and protect cultural identity, neighbourhood character and sense of place.

The development does not meet the above objective, nor does it take into account the strategies suggested to meet the objective, as follows:

• The development does not respond to or contribute to the existing sense of place and cultural identity.

• The development does not respect the existing urban form to Comas Grove, its garden layout or its relationship to landscape and vegetation.

• The development fails to respond to its context or reinforce the special characteristics of the local environment and place including:

- The underlying natural landscape character.

- The heritage values and built form that reflect community identity.

- The values, needs and aspirations of the community.

Heritage (Clause 15.03)

Objective

To ensure the conservation of places of heritage significance.

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The development does not meet the above objective, nor does it take into account the strategies suggested to meet the objective, as follows:

• The proposal does not include written documentation that assesses or documents the existing buildings on site that are currently being investigated for their cultural, heritage and architectural significance.

• The proposal would detrimentally impact the conservation and enhancement of the existing buildings on site which may be of heritage, architectural or cultural, significance.

• The development is not considered appropriate as it fails to respect the existing buildings which may be identified as having heritage values. The proposal does not create a worthy legacy for future generations.

• Whilst the existing dwelling would be retained as part of the proposal, all outbuildings are proposed to be demolished and ‘terrace A’ and ‘terrace B’ would encroach on the setting of the existing dwelling.

• The proposed terraces A and B would have a detrimental impact on the setting and context for the existing dwelling.

Location of Residential Development (Clause 16.01-2)

The proposed four (4) storey building does not have policy support as Council generally encourages higher density housing development on sites that are well located in relation to activity centres, employment corridors and public transport.

Housing (Clause 21.05-2)

While residential or mixed use development of four (4) or more storeys contributes positively to economic and social conditions in the City, care is required to ensure that impacts on existing uses are contained. This requires attention to overshadowing, privacy, acoustic separation, vehicle access, car parking arrangements and the relationship of new buildings to their surroundings in both visual and functional terms.

• The site is not consistent with the following characteristics which enable council to generally support mixed use development of four (4) or more storeys:

- Sites containing existing buildings of a height and bulk substantially greater than the prevailing height and bulk in the immediate locality.

- Sites located on a Road Zone Category 1.

- Sites within comfortable walking distance (400 metres) of a railway station or a major or principal activity centre.

- Selected sites identified in the Preston Central Structure Plan (2006).

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Urban Design (Clause 21.05-3)

Overview and key issues

Urban design acknowledges the collective impact of development both within and beyond the boundaries of individual sites. Urban design can be defined as the complex interplay between the elements that make up a collective experience of the urban environment including buildings, landscapes, waterways, landmarks, infrastructure and streetscapes. High quality well thought out and sensitive urban design contributes to an inclusive and vibrant city through:

• Development that is sensitive to its physical, cultural and social context; • An enhanced sense of place – with recognition of local cultural and physical identity and diversity;

It is not considered that the four (4) storey component of the development, nor terraces A and B are sensitive to the physical, cultural or social context of the neighbourhood, or the existing buildings on the subject site.

Heritage, Culture and Arts (Clause 21.05-4)

Darebin’s heritage provides essential links with the past, adds to the collective memory of the community, contributes to the creation of a sense of place, reinforces local identity and strengthens the cultural links within the community and areas.

Objective 4

Ensure that places and areas of cultural heritage significance are conserved and enhanced.

The development does not meet the above objective, nor does it take into account the strategies suggested to meet the objective, as follows:

• The four (4) storey building and terraces A and B do not respect the setting of the existing dwelling or buildings on site, which may be of local heritage significance.

• The four (4) storey building and terraces A and B do not sympathise with the character of the area and would be likely to detrimentally impact on the integrity of the existing buildings on site.

Objective 6

Promote sympathetic infill and redevelopment of heritage places and areas.

The development does not meet the above objective, nor does it take into account the strategies suggested to meet the objective, as follows: • The proposed development is not considered to be visually compatible with existing forms and is not considered to generate a strong and positive contribution to the area through innovative design.

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Guidelines for Higher Density Residential Development (Department of Sustainability and Environment)

• These guidelines have been developed to assist in applying design principles to proposals for higher density residential development. The guidelines are structured around six (6) elements of design consideration, of which the four (4) storey component of the proposal is assessed as follows: • Urban Context

The proposal does not include an urban context report detailing the design principles outlined in Clause 15.01 of the Darebin Planning Scheme.

The proposal does not include a design response report detailing how the proposal responds to the urban context or neighbourhood character.

• Building Envelope

The preferred character statement explains that the established character of this area will be retained with new dwellings carefully designed to respect and complement the form, scale and siting of the older homes. It is not considered that a four (4) storey building is an acceptable response as it does not reinforce the structure or character of the area.

Whilst Council acknowledges that a larger development may be able to be contained on the site due to the large site area, the common ownership of 15 Strettle Street (occupied by an aged care facility) and the non-sensitive interface with the car park at 111 Strettle Street to the north, it is considered that a four (4) storey building would have a detrimental impact on the established ‘backyard realm’ and be visually bulky and over-dominant when viewed from the secluded private open spaces of the residential properties to the north of Hill Street, 5/109 Fyffe Street and 31 Comas Grove.

The ground, first and second floors are set back sufficiently from sensitive interfaces (2 Hill Street, 31 Comas Grove and 5/105 Fyffe Street) to ensure that they would have limited impact on those properties.

The fourth floor would be visible from Comas Grove and have a detrimental impact on the setting of the existing dwelling.

The building steps down to the Hill Street frontage and is set back from the western property boundary, allowing a transition in scale from the two (2) storey form to the single storey form of 2 Hill Street.

Overlooking is prevented with the use of screening, obscure glazing and 1.70 metre sill heights, however the following measures would be required as a condition of any approval: - North, east and west boundary fences to have a minimum height of 1.80 metres. - All obscure glazing and screens notated as being fixed, with a maximum permeability of 25% to a minimum height of 1.70 metres.

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Measures to prevent overlooking ensure that internal overlooking is restricted, however a condition of any approval would require internal fences to be a minimum height of 1.80 metres to prevent overlooking between ground floor secluded private open spaces.

• Street pattern and street-edge quality

The Hill Street frontage allows passive surveillance of the street and the entry to the basement car park.

Areas to the front of the building allow for landscaping to the street, which reduced the impact of the car park entry.

The entry to the four (4) storey building blends into the design of the development and would not be overly visible from the street. The entry fails to create a sense of address and no shelter is provided.

• Circulation and services

Access and manoeuvrability is acceptable, subject to condition as discussed under the assessment against Clause 52.06.

No visitor car parking spaces are provided, as discussed under the assessment against Clause 52.06.

The proposal includes provision for site services that can be easily serviced and maintained.

A condition of any approval would require a waste management plan to be submitted. The waste management plan would require private waste collection.

• Building layout and design

The four (4) storey building includes a mix of dwellings with 16 one (1) storey dwellings, 18 two (2) storey dwellings and two (2), three (3) bedroom dwellings proposed.

All dwellings have access to direct light through windows that include an outlook. No proposed dwellings include habitable rooms that rely on borrowed light.

A range of storage areas have been provided throughout the building. All ground floor dwellings have storage sheds within their secluded private open space, with storage cages and above bonnet storage provided for the upper floor dwellings at basement level. A condition of any approval would require storage volumes to be shown.

The proposed building is considered to provide a relatively bold form with robust detailing and a strongly defined and highly visible pedestrian level.

Conditions of any approval would require the location of all plant to be shown and for a communal television antenna to be provided.

• Open space and landscape design

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All ground floor dwellings have been provided with 25 square metres (one (1) bedroom) to 45 square metres of secluded private open space. All dwellings have access to a multi-purpose area in addition to their secluded private open space.

All upper floor dwellings have been provided with balconies that range in area from 8 square metres to 20 square metres.

Most areas of private open space have some access to northern sunlight despite the north-south orientation of this portion of the site.

Sufficient areas for the establishment of substantial landscaping have been provided at ground floor level.

Safer Design Guidelines for Victoria (Department of Sustainability and Environment)

• These guidelines seek to promote safety within new subdivisions, developments and various public spaces. It is considered that the application generally meets the overall objective of these guidelines. Indeed the development does not provide any c ut-off dead space or isolated pockets of land which cannot be overlooked. Moreover the building overlooks Hill Street, providing passive surveillance.

Neighbourhood Character (Clause 22.04)

• It is not considered that the proposal is in accordance with the following relevant objectives at Clause 22.04 of the Darebin Planning Scheme:

To retain and enhance the identified elements that contribute to the character of the area.

To ensure development responds to the preferred neighbourhood character of the area .

• As discussed under the assessment to Clauses 15.01, Clause 22.10, Guidelines for Higher Density Residential Development and the Neighbourhood Character Precinct F2 Guidelines, the proposal is not considered to respect the existing character or contribute to the preferred character of the area and therefore does not meet the objectives of Clause 22.04.

NEIGHBOURHOOD CHARACTER PRECINCT F2 GUIDELINE ASSESSMENT

Vegetation

To maintain and strengthen the garden setting of the dwellings.

To integrate garden settings with creek-side environs.

An arborist report has been submitted as part of the application and includes recommendations regarding existing trees on the site. Council’s Darebin Parks Unit generally agree with the recommendations contained within the arborist report, and would agree to the removal of the proposed trees on the understanding that at least eight (8) suitable low to medium canopy trees are included in any landscape plan.

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Sufficient front setbacks have been proposed which will allow the establishment of significant areas of landscaping.

The loss of the street tree to Comas Grove is considered unacceptable as it is of high amenity value

The site is not located proximate to the creek.

Does not comply

Siting

To provide space for front gardens.

To ensure new development retains substantial space for landscaping.

To maintain and reinforce the side and boundary setback pattern and the existing rhythm of spacing between dwellings.

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

The proposed buildings would be set back from the front boundaries a sufficient distance to provide generous space for landscaping.

The four (4) storey building would be set back sufficiently from side boundaries in order to allow for landscaping.

Terrace T would adjoin the existing dwelling on the adjoining property to the east; this is considered acceptable as that dwelling is built to the common boundary.

Terraces A and B would have a detrimental impact on the existing side boundary pattern and the existing rhythm of spacing between dwellings as they allow little space between them and the existing dwelling on the site and existing dwellings on adjoining sites.

Terraces A and B include car parking that is located to the rear of a proposed dwelling, which ensures that car parking does not dominate the façade of the development.

Terrace T and the four (4) storey component have all their car parking within the basement, which does not have a dominant entry to Hill Street.

Whilst the existing dwelling to Comas Grove includes parking spaces to the front, these are considered acceptable as they do not include a garage or car port, which would take the visual focus away from the existing dwelling.

Does not comply

Height and building form

To ensure that buildings and extensions respect the predominant height and form of buildings in the streetscape.

Terraces A and B are not reflective of the height or form of buildings within the streetscape and would dominate the view of the existing dwelling on site.

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The fourth floor of the four (4) storey component would be visible from Comas Grove and the secluded private open space of adjoining and surrounding residential properties, causing it to be a visually bulky and over-dominant element within the neighbourhood setting.

Does not comply

Materials and design detail

To encourage buildings that contribute positively to the streetscape through the use of innovative architectural responses and by presenting visually interesting facades to the street.

To use materials and finishes that harmonise with the Merri Creek setting for dwellings within close proximity of the creek.

The four (4) storey component appears as a large, bulky building with unarticulated wall surfaces. The articulation of the four (4) storey component is further compromised by the use of repetitive obscure screening to the balconies of the proposed dwellings.

The design detail of terraces A and B do not respect the existing building on site, or the dwellings on adjoining properties, in terms of materials and door and window locations and dimensions.

Terrace T is considered be a modern interpretation of the character of the adjoining property to the east.

The site is not proximate to the creek.

Does not comply

Front boundary treatment:

No front fencing is proposed to the Comas Grove or Hill Street frontage, which allows views of the garden areas and development behind.

Complies

RESIDENTIAL AND MIXED USE DEVELOPMENT OF FOUR (4) OR MORE STOREYS (CLAUSE 22.10)

Clause 22.10 provides assessment criteria for residential or mixed use development of four (4) or more storeys and so it used in this instance to assess the four (4) storey component. It is also noteworthy that this policy requires the consideration of a number of objectives and standards of Clause 55.

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The following table is a summary of the assessment of the proposal against the provisions contained in the Policy.

Element Comment Compliance Sustainability The proposal is considered to be generally energy Complies efficient for the following reasons: subject to condition -Attached construction.

-Habitable rooms with access to direct light.

-Rain water tanks that are permanently connected to toilets for flushing.

-Solar tubes to third floor internal bathrooms.

An ESD Assessment and report was submitted with the application and details sustainable design initiatives.

A condition of any approval would require a notation stating that the basement car park is controlled by CO monitors with variable speed fans, as per the ESD assessment.

Conditions of any approval would require sun shading to north, east and west facing windows.

A condition of any approval would require for the site to be drained to the satisfaction of the responsible authority. Design and • The four (4) storey component would appear as a Does not Materials visually bulky and over-dominant element that comply would have a detrimental impact on secluded private open spaces of adjoining residential properties and the ‘backyard realm’. • The design of the four (4) storey component fails to take into account the scale of existing development or the visual impact on adjoining or nearby residential secluded private open space. • The building lacks vertical articulation to break it up into horizontal forms. • The repetitive screening to the balconies increases the visual bulk of the building.

Building Height • The overall height of the building is 11.80 metres. Does not The height of the four (4) storey component fails to comply take into account the site context, including the scale and character of surrounding development and the nature and sensitivity of surrounding residential uses.

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Element Comment Compliance Setbacks • The front setback of the four (4) storey component Complies takes into account the front setbacks of existing dwellings on adjoining properties to the east and west. • Further comment regarding side and rear setbacks are discussed below.

Dwelling • The proposal includes a mix of one (1), two (2) Complies diversity and three (3) bedroom dwellings.

Car Parking and • Vehicle access is provided from Hill Street. Complies Vehicle Access • Vehicle access and manoeuvrability is generally acceptable as discussed in the Clause 52.06 assessment below. • Car parking demand is addressed further below.

Street Address The proposal meets all the policy guidelines in Does not respect to street address by the following: comply • Appropriate pedestrian access is available for future residents. • The pedestrian entry blends into the façade of the proposed building, failing to provide a sense of address or shelter. • Mailboxes can be located to the street frontage and the entry areas may be adequately lit.

Amenity Impacts • The orientation of the site ensures that there will Complies Including be no unreasonable overshadowing of the nearby subject to Overshadowing residential properties to the east or west. condition and Overlooking • Overlooking is prevented with the use of screening, obscure glazing and 1.70 metre sill heights, however the following measures would be required as a condition of any approval:

- North, east and west boundary fences to have a minimum height of 1.80 metres. - All obscure glazing and screens notated as being fixed, with a maximum permeability of 25% to a minimum height of 1.70 metres.

On-Site Amenity • All habitable room windows have access to light. Complies and Facilities, • All ground floor one (1) bedroom dwellings have subject to Including Private access to secluded private open space areas with condition Open Space a minimum area of 25 square metres, which is considered acceptable for a dwelling of this size. • All ground floor, two (2) bedroom dwellings have access to secluded private open space areas that range in area from 35 square metres to 45 square

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Element Comment Compliance metres. The common multi-purpose area available to all residents is considered to be acceptable justification for any of the two (2) bedroom dwellings with secluded private open space under 40 square metres. • All upper floor dwellings have access to balconies in excess of 8 square metres in area, with direct access from a living room. A condition of any approval would require these balconies to have minimum dimensions of 1.60 metres for 8 square metres of area. • Most of the dwellings have access to some northern light, with most also having east or west sunlight, which is considered acceptable due to the orientation of the site. • Storage is provided for ground floor dwellings and upper floor dwellings in ground floor secluded private open space areas and the basement respectively. A condition of any approval would require the volume of these storage areas to be shown. • Conditions of any approval would require an acoustic assessment and modifications in accordance with recommendations contained within the assessment, for the multipurpose area and terrace and any plant.

Waste • There are areas set aside for bin storage within Complies management the basement. subject to • A waste management plan would be required as a condition condition of any approval.

Equitable • The proposal includes a lift, which allows access Complies Access to all dwellings for those with limited mobility. • No tapered treads are proposed to the access stairs which is beneficial as they hinder access.

Utility Services • The site is in an established part of the Complies municipality where all utility services are available. The development, if approved, will need to be serviced to the satisfaction of the relevant authorities. Sufficient area exists on site for the location of services such as utility metres and the like.

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Under clause 22.10 it is policy to consider the following:

Side and Rear Setbacks (Clause 55.04-1)

The proposal does complies with the side and rear setbacks, however not the objective of this standard as the fourth floor would have a detrimental impact on the amenity of adjoining areas of secluded private open space and the established ‘backyard realm’.

Daylight to Existing Windows (Clause 55.04-3)

An area of at least 3.0 square metres with a minimum dimension of 1.0 metre clear to the sky is provided opposite all existing habitable room windows, which complies with the standard. All walls that are greater than 3 metres in height are setback at least half their height from opposite habitable room windows.

The development allows adequate daylight to neighbouring existing habitable room windows.

North Facing Windows (Clause 55.04-4)

There are no existing north facing habitable room windows that will be affected by the development.

Overshadowing Open Space (Clause 55.04-5)

Overshadowing of the residential properties to the east and west is in compliance with the standard. At least 75% or 40 square metres, whichever is the lesser area, of the secluded private open space of the residential properties to the east and west will receive a minimum of five (5) hours of sunlight between 9am and 3pm on 22 September.

Overlooking (Clause) 55.04-6

Overlooking is prevented with the use of screening, obscure glazing and sill heights at 1.70 metres; however the following measures would be required as a condition of any approval: - North, east and west boundary fences to have a minimum height of 1.80 metres. - All obscure glazing and screens notated as being fixed, with a maximum permeability of 25% to a minimum height of 1.70 metres.

Internal Views (Clause 55.04-7)

The design of the building and the above measures prevent internal views from upper levels in accordance with the standard.

A condition of any approval would require internal fences with a minimum height of 1.80 metres between the secluded private open spaces of the ground floor dwellings.

Noise Impacts (Clause 55.04-8)

Conditions of any approval would require an acoustic assessment and modifications in accordance with recommendations contained within the assessment, for the multipurpose area and terrace and any plant.

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Car parking (Clause 52.06)

Clause 55.06 of the Darebin Planning Scheme requires two (2) car parking spaces per dwelling, however the car parking requirements contained within Clause 55.03-11 are deemed to be more representative of parking demands generated by medium density residential development. It is important to note that this Clause 52.06 assessment only applies to the four (4) storey component as car parking to the terrace style dwellings is subject to the Clause 55 assessment later in this report.

Use Rate Number/Area Requirement (Clause 55.03-11) Residential 1 space/ 1&2 bedroom 34 x1&2 bed 34 dwelling + 2 spaces / 3+ dwellings bedroom dwelling 2 x 3 bed 4 dwellings

Residential Visitor 1 space / 5 dwellings 36 dwellings 7 Total Requirement 45

• 36 (two (2) car parking spaces are assigned to terrace T) car parking spaces have been proposed for the four (4) storey component and therefore a reduction of two (2) resident and seven (7) visitor car parking spaces is sought.

• Manoeuvrability and access is generally acceptable.

• No documentation has been submitted to support a reduction in the car parking requirement.

• The site is proximate to limited public transport as follows:

Bus Route 510: approximately 400 metres to the south Tram Routes 11 & 112: approximately 600 metres to the north east Thornbury Train Station (Epping): approximately 1.30km to the east

• In a location that is not particularly well located, public transport wise, and without supporting documentation, such as a traffic engineers report with an assessment of car parking demand and supply, it is considered unacceptable to allow a reduction of the car parking requirement.

Bicycle Parking (Clause 52.34)

• There is a requirement under the scheme for the following bicycle parking to be provided for the four (4) storey component (bicycle parking for the terrace style dwellings can be contained within ground floor secluded private open space):

Use Rate Resident Visitor requirement requirement Residential In developments of four or more 7 4 storeys, 1 resident space / 5 dwellings + 1 visitor space / 10 dwellings Total Requirement 7 4

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• 14 bicycle parking spaces have been provided within the basement.

TWO (2) OR MORE DWELLINGS ON A LOT AND RESIDENTIAL BUILDING (CLAUSE 55)

The Clause 55 assessment below applies to the terrace style dwellings, terraces T, A and B.

Standard B1 - Neighbourhood Character:

This element has been considered above in the Neighbourhood Character Guidelines Assessment and terraces A and B are not considered acceptable.

Does not comply

Standard B2: Residential Policy

The proposal is not accompanied by an acceptable written statement and design response. The proposal does not comply with the State Planning Policy Framework, the Local Planning Policy Framework including Council’s Municipal Strategic Statement and local planning policies.

Does not comply

Standard B3: Dwelling Diversity

Five (5) one (1) bedroom dwellings and six (6) two (2) bedroom dwellings are proposed, which adds to the dwelling diversity of the area.

Complies

Standard B4: Infrastructure

Complies subject to condition

Standard B5: Integration with the Street

All terraces provide adequate vehicle and pedestrian links with separate pedestrian entries. The development fronts the street network. No high front fencing is proposed. Complies

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Standard B6: Street Setback

Terrace T

The front setbacks of the adjoining dwellings are 3 metres and 6 metres. The standard requires a setback of 4.50 metres.

The proposed front setback of 3 metres does not comply with the standard, however the design response is considered to be acceptable due to the following: The setback addresses the relevant requirements of the Neighbourhood Character Study, in that it allows adequate provision for landscaping. The design provides a graduated and staggered, when viewed with the proposed four (4) storey component, which is set back 6 metres towards the adjoining property to the east. The front setback will not result in unreasonable visual bulk when viewed from the street or adjoining properties. The proposed setback results in efficient use of the site. The existing streetscape is not consistent and provides for varied setbacks. Terraces A and B The front setbacks of the adjoining dwellings are 7.17 metres and 9.13 metres. The standard requires a setback of 8.15 metres.

The proposed front set back of 7.98 metres (terrace A) does not comply with the standard, whereas the front setback of 9 metres (terrace B) does comply. The setbacks respect the setbacks of the dwellings on the adjoining properties to the north and south. The impact of the setbacks on the streetscape character, however, is considered unacceptable as they will cause the development to block the view of the prominent existing dwelling located on the Comas Grove frontage and will therefore have a detrimental impact on streetscape character.

Does not comply

Standard B7: Building Height

The two (2) storey ‘terrace T’ building would have a maximum height of 8.20 metres.

The two (2) storey ‘terrace A’ building would have a maximum height of 8.35 metres.

The two (2) storey ‘terrace B’ building would have a maximum height of 8.33 metres.

The proposed dwellings comply with the standard requiring a maximum height not exceeding 9.0 metres.

Complies

Standard B8: Site Coverage

The area covered by buildings should not exceed a site coverage of 60%. The site coverage is 41.80%.

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Complies

Standard B9: Permeability

Standard B10: Energy Efficiency

The proposal is considered to be generally energy efficient due to the following:

• Attached construction.

• Cross ventilation is available in the design.

• The development does not unreasonably affect the solar access and energy efficiency of neighbouring dwellings.

• Rainwater tanks permanently connected to toilets for flushing.

• Open space and living areas with access to north light.

• Space for outdoor clothes drying facilities. • Conditions of any approval would require sun shading to north, east and west facing windows.

Complies

Standard B11: Open Space

The site is not adjacent to any areas of public or communal open space. Not applicable

Standard B12: Safety

The entrances to the dwellings are adequately visible from the internal accessway and/or the street. The development is designed to provide good lighting, visibility and surveillance of car parking and the internal accessway. The private open space within the development is protected from inappropriate use as a public thoroughfare. Complies

Standard B13: Landscaping

The surrounding landscape character is generally semi mature and informal with large open spaces and spacious setbacks.

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The open spaces and setbacks are generally large enough to provide sufficient landscaping. A detailed landscape plan would be required as a condition of any approval. Complies subject to condition

Standard B14: Access

Vehicle access to and from the site is safe, manageable and convenient. The number and design of the vehicle crossover(s) respects the neighbourhood character. Terrace T shares an accessway and car parking with the four (4) storey component. The width of the accessways to terraces A and B, and the existing building is 3 metres metres. The crossovers to the street, taking up 23.27% of the frontage, is acceptable given that the standard requires that no more than 33% of the frontage should be taken up by vehicle accessways. Adequate turning areas are provided to allow vehicles to enter and exit the site in a forward direction from terraces A and B. Complies

Standard B15: Parking Location

Parking facilities will be proximate to terraces A and B. It is unclear how the residents of terrace T will access their car parking spaces, other then through the entrance and hallway of the four (4) storey component, which is not considered convenient. There is no pedestrian access to the ramp. The proposed parking spaces are an adequately secure form of parking. The accesses are observable. Does not comply

Standard B16: Parking Provision

One (1) car parking space is provided for each of the one (1) and two (2) bedroom dwellings. No visitor car parking spaces are provided for the dwellings, however this is considered acceptable for 11 dwellings where visitors are likely to park on the street and the requirement would only be for two (2) spaces to be provided. The car parking spaces, the carports, the garaging and the accessways have appropriate dimension to enable efficient use and management. Access dimensions and car parking spaces are of the adequate width.

Complies

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Standard B17: Side and Rear Setbacks

Ground floor

Boundary Wall height Required Setback Proposed setback Northern – terrace A 3.20 metres 1 metre 3.03 metres Southern – terrace B 3.32 metres 1 metre 2 metres

First Floor

Boundary Wall height Required Setback Proposed setback Northern – terrace A 7.15 metres 2.25 metres 3.01 metres Southern – terrace B 6.60 metres 1.90 metres 3.50 metres Eastern – terrace T 7 metres 2.10 metres 1.60 metres

The side and rear setbacks comply with the standard, apart from the eastern first floor setback of terrace T (shown underlined). This is considered acceptable, however, as the first floor is located directly opposite the boundary wall of the adjoining property to the east. Complies with objective

Standard B18: Walls on Boundaries

The standard requires that a wall be of a length of no more than 10 metres plus 25% of the remaining length of the boundary of an adjoining lot, and a height not exceeding an average of 3.0 metres.

Boundary Maximum length Proposed length allowable Northern – terrace A 18.78 metres 6.20 metres Southern – terrace B 18.55 metres 7.10 metres Eastern – terrace T 15.88 metres 8.72 metres

The wall heights of 3.0 metres average comply with the standard.

Complies

Standard B19: Daylight to Existing Windows

An area of at least 3.0 square metres with a minimum dimension of 1.0 metre clear to the sky is provided opposite all existing habitable room windows, which complies with the standard. The development allows adequate daylight to neighbouring existing habitable room windows. Complies

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Standard B20: North Facing Windows

There are no north-facing habitable room windows on adjoining properties which would be affected by the proposed development in accordance with the requirements of this standard.

Not applicable

Standard B21: Overshadowing

Complies

Standard B22: Overlooking

There are a number of windows, balconies and terraces which overlook the secluded private open space of adjoining properties to the north and south and east, which could be addressed via condition requiring compliance with the standard.

A condition of any approval would require the boundary fences to the north of terrace A and the boundary to the south of terrace B to be a minimum of 1.80 metres in height to prevent overlooking from the ground floors of those dwellings.

Complies subject to condition

Standard B23: Internal Views

Measures outlined under Standard B22 to screen views of adjoining properties also minimise internal views from upper levels.

A condition of any approval would require the internal fences between the secluded private open spaces of proposed dwellings to have a minimum height of 1.80 metres.

Complies subject to condition

Standard B24: Noise Impacts

There are no obvious noise sources to or from the development.

Complies

Standard B25: Accessibility

The proposed dwellings can be made accessible for people with limited mobility by construction of a ramp, if required.

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Dwelling A.1 is single storey and can be easily accessed by those with limited mobility. Complies

Standard B26: Dwelling Entry

The entries are visible and easily identifiable. A sense of address and shelter is also provided. Complies

Standard B27: Daylight to New Windows

Adequate daylight will be available to the windows in the new development. All new habitable room windows within the development will be located to face an outdoor area of at least 3.0 square metres with a minimum dimension of 1.0 metre clear to the sky.

Complies

Standard B28: Private Open Space

The development provides adequate private open space (pos) for the reasonable recreation and service needs of residents as follows: Total POS Secluded POS Minimum dimension of secluded POS A1 74m 2 20m2 3 metres A2 8.19m2 8.19m2 2.10 metres (balcony) A3 35m2 35m2 5.77 metres (terrace) A4 52m2 30m2 5.25 metres (terrace) A5 52m2 30m2 5.25 metres (terrace) B6 71m2 9m2 1.85 metres (balcony) B7 25m2 25m2 3.20 metres (terrace) B8 39m2 18m2 3.22 metres (balcony) B9 53m2 22m2 3.22 metres (terrace) T10 55.60m2 38m2 4.20 metres (terrace) T11 46.84m2 26m2 2.60 metres (terrace)

All secluded private open space is in accordance with the requirements, other than to dwelling A1 (shown underlined). The 5 square metre shortfall is considered acceptable, however, as the dwelling is a small, one (1) bedroom dwelling with access to an additional 54 square metres of private open space in the form of a front garden.

All secluded private open space areas have direct access to a living room.

Complies with objective

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Standard B29: Solar Access to Open Space

All areas of secluded private open space for terraces T, A and B have access to northern light other than dwelling A1. The secluded private open space to dwelling A1 requires a setback of 4.70 metres from the wall on the boundary to the north, however only provides 3.01 metres, which is considered unacceptable for this already undersized secluded private open space. Does not comply

Standard B30: Storage

A condition of any approval would require a minimum of 6 cubic metres of external storage for each of the terrace style dwellings.

Complies subject to condition

Standard B31: Design Detail

The design detail of terraces A and B does not respect the existing or preferred neighbourhood character and would have a detrimental impact on the neighbourhood character and the visual amenity of the area.

Does not comply

Standard B32: Front Fences

No front fencing is proposed to the Comas Grove or Hill Street frontage, which allows views of the garden areas and development behind.

Complies

Standard B33: Common Property

The public, communal and private areas within the development are clearly delineated. The common property is functional and capable of efficient management.

Complies

Standard B34: Site Services

Sufficient area is provided to allow for the installation and the maintenance of site services. A condition of any approval would require rooftop plan and services to be shown. Complies subject to condition

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POLICY IMPLICATIONS

Environmental Sustainability

All new dwellings are required to achieve a minimum six (6) star energy rating under the relevant building controls.

Social Inclusion and Diversity

Nil.

Other

Nil.

FINANCIAL AND RESOURCE IMPLICATIONS

There are no financial or resource implications as a result of the determination of this application.

FUTURE ACTIONS

Nil.

DISCLOSURE OF INTERESTS

The Manager authorising this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

RELATED DOCUMENTS

Darebin Planning Scheme Planning and Environment Act (1987) as amended Guidelines for higher Density Residential Development (Department of Sustainability and Environment) Safer Design Guidelines for Victoria (Department of Sustainability and Environment)

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