City of Kingston Planning Committee Meeting Agenda 22 ...€¦ · Planning Committee Meeting Agenda...

City of Kingston Planning Committee Meeting

Agenda 22 February 2012 Notice is given that a Planning Committee Meeting of Kingston City Council will be held at 7.00pm at the Cheltenham Office, 1230 Nepean Highway, Cheltenham, on Wednesday 22 February 2012. 1. Apologies 2. Confirmation of Minutes of Previous Meeting Minutes of Planning Committee Meeting of 21 September 2011. 3. Foreshadowed Declaration by Councillors, Officers or Contractors of any Conflict of

Interest [Note that any Conflicts of Interest need to be formally declared at the start of the meeting

and immediately prior to the item being considered – type and nature of interest is required to be disclosed – if disclosed in writing to the CEO prior to the meeting only the type of interest needs to be disclosed prior to the item being considered.]

4. Environmental Sustainability Reports

PC 1 Town Planning Application Decisions – December 2011 ........................................ PC 2 Town Planning Application Decisions – January 2012 ............................................ PC 3 KP531/2011 – 83 Albenca Street, Cheltenham......................................................... PC 4 KP697/2011 – 1 Rivoli Street, Mentone PC 5 KP927/2010 – 101-103 Mentone Parade, Mentone .................................................. PC 6 KP166/2011 – 235-237 Wickham Rd, Moorabbin PC 7 KP341/2011 – 556 Station Street, Carrum................................................................ PC 8 KP379/2011 – 14 Rowson Grove, Clarinda..............................................................


Agenda 22 February 2012 PC 1 Town Planning Application Decisions – December, 2011 Approved By: Rachel Hornsby -General Manager, Environmental Sustainability Author: Ian Nice – Manager, Planning Attached for information is the report of Town Planning Decisions for the month of December, 2011. A summary of the decisions is as follows:

Type of Decision Number of Decisions Made

Percentage (%)

Planning Permits 71 71 Notice of Decision 10 10 Refusal to Grant a Permit 6 6 Other - Withdrawn (11) - Prohibited (0) - Permit not required (1) - Lapsed (1)

13 13

Total 100 100 (NB: Percentage figures have been rounded) Recommendation That the report be noted.

2 of 9

Planning Decisions December, 2011 APPL. No. PROPERTY

ADDRESS SUBURB APPL.

DATE DATE DECIDED

PROPOSAL DESCRIPTION DECISION VCAT DECISION

KP-713/2010/A

5 Jellicoe Street CHELTENHAM 23/09/2011 5/12/2011 Five (5) Dwellings Permit Issued

NO

KP-1143/2008/A

1-9 Balcombe Road

MENTONE 28/06/2011 5/12/2011 Liquor Licence Notice Of Decision

NO

KP-486/2011 318-322 Governor Road

BRAESIDE 12/07/2011 5/12/2011 Develop The Land For The Construction Of Buildings For The Purpose Of Motor Repairs And Vehicle Store

Lapsed NO

KP-738/2011 9 Barmah Place WATERWAYS 27/09/2011 5/12/2011 Develop The Land For The Construction Of One (1) Dwelling On Land Subject To Inundation Overlay

Permit Issued

NO

KP-702/2011 21 Dahmen Street

CARRUM 13/09/2011 5/12/2011 Removal Of Easement Permit Issued

NO

KP-662/2011 10 Golf Links Crescent

DINGLEY VILLAGE

1/09/2011 5/12/2011 Develop The Land For The Construction Of A Satellite Dish

Permit Issued

NO

KP-395/2011 47 Governor Road

MORDIALLOC 10/06/2011 5/12/2011 To Use The Land As A Food And Drink Premises (Cafe) Associated With The Existing Industrial Use.

Notice Of Decision

NO

KP-399/2011 131 Parkers Road

PARKDALE 15/06/2011 5/12/2011 Construct Ten (10) Dwellings On This Site With Reduction In Car Parking Requirements Pursuant To The Kingston Planning Scheme

Withdrawn NO

KP-666/2011 4 Myola Street CARRUM 1/09/2011 5/12/2011 Three (3) Lot Subdivision Permit Issued

NO

KP-725/2011 4 White Street MORDIALLOC 21/09/2011 5/12/2011 Alter Access To A Road In A Road Zone Category 1

Permit Issued

NO

KP-685/2011 87 Wilson Street CHELTENHAM 12/09/2011 6/12/2011 Subdivide The Land Into Two (2) Lots Permit Issued

NO

KP-698/2011 Unit 2 7A Collins Street

MENTONE 9/09/2011 6/12/2011 Develop The Land For An Extension To An Existing Dwelling

Withdrawn NO

KP-906/1997 19A Melrose Street

MORDIALLOC 6/12/2011 6/12/2011 Two (2) Dwellings Permit Issued

NO

KP-448/2010 1035 Nepean Highway

MOORABBIN 7/07/2010 7/12/2011 Twenty Eight (28) Dwellings Refused NO

3 of 9



DATE DATE DECIDED


KP-893/2010 278-281 Nepean Highway

EDITHVALE 9/12/2010 7/12/2011 Develop The Land For The Construction Of Eight (8) Dwellings

Refused NO

KP-259/2011 431 Station Street

BONBEACH 18/04/2011 7/12/2011 Develop The Land For The Construction Of Eleven (11) Dwellings

Refused NO

KP-635/2011 1 Cochrane Avenue

MENTONE 25/08/2011 7/12/2011 Two (2) Lot Subdivision And Create Easement

Permit Issued

NO

KP-168/2011 3 Governor Road

MORDIALLOC 17/03/2011 8/12/2011 Two (2) Dwellings Permit Issued

NO

KP-796/2011 4 8 Station Street

MOORABBIN 12/10/2011 8/12/2011 Subdivide The Land Into Three (3) Lots Permit Issued

NO

KP-778/2010 43 Melrose Street

PARKDALE 28/10/2010 8/12/2011 Buildings & Works Permit Issued

NO

KP-90/2001/A

55 Seventh Street

PARKDALE 27/09/2011 8/12/2011 Amendment Of Planning Permit KP90/2001 To Amend Plans To Construct A Flat Roof Pavilion And Deck

Permit Issued

NO

KP-284/2007 93 Wells Road CHELSEA HEIGHTS

30/04/2007 8/12/2011 Change Of Use - Convert Carpark To Offices & 3 Lot Subdivision

Permit Issued

NO

KP-636/2011 117 Palm Beach Drive

PATTERSON LAKES

26/08/2011 9/12/2011 Develop The Land For The Construction Of A Jetty

Permit Issued

NO

KP-503/2011 16 Curlew Point Drive

PATTERSON LAKES

19/07/2011 9/12/2011 Develop Land For The Construction Of A Jetty

Permit Issued

NO

KP-158/2011 664-670 Warrigal Road

OAKLEIGH SOUTH

11/03/2011 9/12/2011 Motor Vehcile Sales Withdrawn NO

KP-192/2011 28 Turner Road HIGHETT 25/03/2011 9/12/2011 Develop The Land For The Construction Of Two (2) Double Storey Dwellings And To Subdivide The Land Into Two (2) Lots

Permit Issued

NO

KP-214/2006/A

168 Beach Road

PARKDALE 8/02/2011 9/12/2011 Amend Unit 4 To Include A Roof Top Deck Permit Issued

NO

KP-363/2011 19 Joffre Avenue

EDITHVALE 2/06/2011 9/12/2011 Develop the Land For The Construction Of Two (2) Side-By-Side Double Storey Dwellings On This Site

Permit Issued

NO

4 of 9



DATE DATE DECIDED


KP-787/2011 10 MacQuarie Circle

WATERWAYS 11/10/2011 12/12/2011 Develop The Land For The Construction Of One (1) Dwelling In A Special Building Overlay (Schedule DDO6, IPO2)

Permit Issued

NO

KP-836/2011 116-120 Warren Road

MORDIALLOC 25/10/2011 12/12/2011 Develop The Land For The Construction Of A New Roadway Access To Point To The Secondary College

Permit Issued

NO

KP-808/2010 86 Charman Road

MENTONE 12/11/2010 12/12/2011 Mixed Use Development Permit Issued

NO

KP-85/2010/A

4 Epsom Road MORDIALLOC 12/08/2011 12/12/2011 Two (2) Dwellings Withdrawn NO

KP-737/2010/A

44 Langrigg Avenue

EDITHVALE 13/10/2011 12/12/2011 Develop The Land For The Construction Of Dwelling Extension In A Special Building Overlay - TRANSFERRED TO SECONDARY CONSENT ON ORIGINAL PERMIT

Withdrawn NO

KP-655/2011 36-38 Balcombe Road

MENTONE 30/08/2011 12/12/2011 Building And Works Permit Issued

NO

KP-722/2011 Warehouse 1 259-261 Boundary Road

MORDIALLOC 19/09/2011 12/12/2011 Subdivide The Land Into Two (2) Lots Permit Issued

NO

KP-235/2010 236 Clarinda Road

HEATHERTON 22/04/2010 12/12/2011 Plant Nursery Permit Issued

NO

KP-644/2010 236 Clarinda Road

HEATHERTON 15/09/2010 12/12/2011 Earthworks & Fill Permit Issued

YES

KP-708/2010 8 Wilson Street CHELTENHAM 5/10/2010 12/12/2011 Two (2) Dwellings Permit Issued

NO

KP-741/2011 Shop 1W 1156 Nepean Highway

CHELTENHAM 28/09/2011 13/12/2011 Develop The Land For The Construction Of Three (3) Business Identification Signs & One (1) Illuminated Pole Sign

Withdrawn NO

KP-581/2011 49 Venice Street

MENTONE 9/08/2011 13/12/2011 Develop The Land For The Construction Of A Carpark

Withdrawn NO

KP-383/2011 2 20 Bondi Road

BONBEACH 6/06/2011 13/12/2011 Removal Of Easement Permit Issued

NO

5 of 9



DATE DATE DECIDED



CHELTENHAM 5/11/2010 13/12/2011 Buildings & Works Permit Issued

NO

KP-786/2011 Unit 1 3 Mount View Street

ASPENDALE 11/10/2011 13/12/2011 Subdivide The Land Into Two (2) Lots Permit Issued

NO

KP-875/2011 Unit 1 148 Warrigal Road

MENTONE 8/11/2011 13/12/2011 Subdivide The Land Into Two (2) Lots Permit Issued

NO

KP-797/2011 1A Golden Avenue

CHELSEA 12/10/2011 14/12/2011 Subdivide The Land Into Five (5) Lots Permit Issued

NO

KP-411/1995/A

106 McLeod Road

CARRUM 6/09/2011 15/12/2011 Child Care Centre Permit Issued

NO

KP-715/2011 20 Coral Island Court

PATTERSON LAKES


Permit Issued

NO

KP-879/2011 16 Palm Island Court

PATTERSON LAKES


Permit Issued

NO

KP-266/2011 7 Mallawa Street

CLAYTON SOUTH

18/04/2011 15/12/2011 Three (3) Dwellings Permit Issued

NO

KP-880/2011 2 Pitcairn Place PATTERSON LAKES


Permit Issued

NO

KP-679/2011 21 Palm Beach Drive

PATTERSON LAKES

9/09/2011 15/12/2011 Replace Jetty 196 Permit Issued

NO

KP-921/2010 60 Wilson Street CHELTENHAM 24/12/2010 15/12/2011 Four (4) Dwellings Permit Issued

NO

KP-883/2011 52 Valetta Street

CARRUM 16/11/2011 15/12/2011 Develop The Land For The Construction Of One (1) Dwelling In A Special Building Overlay

Permit Issued

NO

KP-564/2011 1 Johnston Street

MENTONE 5/08/2011 15/12/2011 Develop The Land For The Construction Of Two (2) Double Storey Dwellings In A Special Building Overlay

Permit Issued

NO

KP-805/2011 89 Rae Avenue EDITHVALE 18/10/2011 15/12/2011 Develop The Land For The Construction Of One (1) Dwelling In A Special Building Overlay

Permit Issued

NO

6 of 9



DATE DATE DECIDED


KP-658/2011 242A Nepean Highway

EDITHVALE 31/08/2011 15/12/2011 A Reduction Of The Car Parking Requirement For The Use Of The Site As A Massage Centre.

Permit Issued

NO

KP-33/2011 8 Elsie Grove CHELSEA 19/01/2011 15/12/2011 Two (2) Dwellings Notice Of Decision

NO

KP-115/2011 131 Balcombe Road

MENTONE 28/02/2011 15/12/2011 Three (3) Lot Subdivision Permit Issued

NO

KP-850/2011 77 Berry Avenue

EDITHVALE 31/10/2011 16/12/2011 Develop The Land For An Extension To The Existing Dwelling.

Permit Not Required

NO

KP-271/2011 5 Bear Street MORDIALLOC 28/04/2011 19/12/2011 Thirty-Three (33) Lot Subdivision Permit Issued

NO

KP-136/2009/A

9 Bear Street MORDIALLOC 7/10/2011 19/12/2011 Alts & Adds - Expansion Of Worship Centre Permit Issued

NO


MENTONE 15/04/2011 19/12/2011 Use And Develop The Land For The Construction Of Sixty Four (64) Dwellings And A Shop, With A Reduction Of The Car Parking Requirements Of Clause 52.06 And A Waiver Of The Loading Requirements Of Clause 52.07 Of The Kingston Planning Scheme

Refused NO

KP-794/2011 7 Wyman Place BRAESIDE 12/10/2011 19/12/2011 Subdivide The Land Into Nine (9) Lots Withdrawn NO

KP-449/2005/A

117 Beach Road

PARKDALE 23/11/2011 19/12/2011 Two (2) Dwellings Permit Issued

NO

KP-1058/2000

128 Station Street

ASPENDALE 7/12/2000 19/12/2011 Mixed Use Development Permit Issued

NO

KP-231/2007/A

19 Dennis Street

HIGHETT 29/11/2011 20/12/2011 2 Dwellings Permit Issued

NO

KP-843/2011 17 Matthieson Street

HIGHETT 26/10/2011 20/12/2011 Subdivide The Land Into Two (2) Lots Permit Issued

NO

KP-740/2011 290 Warrigal Road

CHELTENHAM 27/09/2011 20/12/2011 Develop The Land For The Construction Of A Canopy

Permit Issued

NO

7 of 9



DATE DATE DECIDED


KP-478/2011 475 Main Street MORDIALLOC 12/07/2011 20/12/2011 Develop The Land For The Construction Of Facade Alterations, And Partial Demolition

Permit Issued

NO

KP-291/2011 30 Tennyson Street

CARRUM 4/05/2011 20/12/2011 Two (2) Dwellings Notice Of Decision

No


BONBEACH 12/07/2011 20/12/2011 Develop The Land For The Construction Of Two (2) Double Storey Dwellings

Notice Of Decision

NO

KP-874/2011 21 Deepwater Drive

WATERWAYS 10/11/2011 20/12/2011 Develop The Land For The Construction Of A Dwelling Extension In A Design And Development Overlay

Permit Issued

NO

KP-475/2011 14 Collocott Street

MORDIALLOC 7/07/2011 20/12/2011 Develop The Land For The Construction Of One (1) Dwelling To The Rear Of An Existing Dwelling

Permit Issued

NO

KP-780/2011 83-85 Warren Road

PARKDALE 10/10/2011 20/12/2011 Subdivide The Land Into Seven (7) Lots Permit Issued

NO

KP-319/2011 18 Maury Road CHELSEA 17/05/2011 20/12/2011 Three (3) Lot Subdivision Permit Issued

No

KP-763/2011 67 Como Parade East

PARKDALE 3/10/2011 21/12/2011 Subdivide The Land Into Five (5) Lots Permit Issued

NO

KP-770/2008/A

1 Alleyne Avenue

BONBEACH 18/11/2011 21/12/2011 THREE (3) DWELLINGS (See Secondary Consent On KP770/2008)

Withdrawn NO

KP-675/2010 11 Alma Road PARKDALE 29/09/2010 21/12/2011 Three (3) Dwellings Notice Of Decision

No

KP-325/2011 36 Jean Street CHELTENHAM 17/05/2011 21/12/2011 Develop The Land For The Construction Of Thirty (30) Dwellings Refused NO

KP-503/2010 1464 Centre Road

CLAYTON SOUTH 28/07/2010 21/12/2011 Two (2) Dwellings

Notice Of Decision No

KP-913/2010

465-466 Nepean Highway CHELSEA 20/12/2010 21/12/2011

Buildings & Works/Change Of Use - Ambulance Station

Notice Of Decision No

KP-979/2007/A

1 47 Taunton Drive CHELTENHAM 6/07/2011 21/12/2011 B&W - Install Flue Exhaust - Sbo Withdrawn No

8 of 9



DATE DATE DECIDED


KP-948/2011

1144-1148 Nepean Highway HIGHETT 9/12/2011 21/12/2011 Created In Error Withdrawn NO

KP-902/2011 55 Sherwood Avenue CHELSEA 22/11/2011 21/12/2011 Subdivide The Land Into Three (3) Lots

Permit Issued NO

KP-800/2011 38 Mascot Avenue BONBEACH 17/10/2011 21/12/2011

Develop The Land For The Construction Of A Single (1) Dwelling Within A Special Building Overlay

Permit Issued NO

KP-833/2010 3 Elm Grove PARKDALE 19/11/2010 21/12/2011 Two (2) Dwellings Permit Issued Yes

KP-67/2010 139 Como Parade East PARKDALE 10/02/2010 21/12/2011 Four (4) Dwellings Refused No

KP-525/2011 13 Newport Road

CLAYTON SOUTH 25/07/2011 21/12/2011

Develop The Land For The Construction Of One (1) Dwelling To The Rear Of The Existing Dwelling Within A Special Building Overlay

Permit Issued NO

KP-187/2011 21 Glenola Road CHELSEA 22/03/2011 22/12/2011 Three (3) Dwellings

Permit Issued No

KP-731/2011 21 Whatley Street CARRUM 20/09/2011 22/12/2011 Subdivide The Land Into Two (2) Lots

Permit Issued NO

KP-898/2011

Unit 5 124 Nepean Highway ASPENDALE 21/11/2011 22/12/2011

Develop The Land For An Extension To A Dwelling

Permit Issued NO

KP-230/2011 49 Argyle Avenue CHELSEA 12/04/2011 22/12/2011

Develop The Land For The Construction Of Three (3) Dwellings

Notice Of Decision NO

KP-464/2010 36 Milton Avenue

CLAYTON SOUTH 12/07/2010 22/12/2011 Four (4) Dwellings

Permit Issued Yes

KP-362/2011 21 Station Street ASPENDALE 1/06/2011 22/12/2011 Develop Two (2) Dwellings On This Site

Permit Issued NO

KP-580/2011 67 Naples Road MENTONE 9/08/2011 23/12/2011 Develop The Land For The Construction Of Two (2) Carparking Facilities

Permit Issued NO

9 of 9



DATE DATE DECIDED


KP-671/2011 Rear of 2-4 Bowman Street ASPENDALE 7/09/2011 23/12/2011

Use The Land For The Construction Of Advertising Signage

Permit Issued NO

KP-661/2002/A

212 Old Dandenong Road HEATHERTON 24/06/2011 23/12/2011 Buildings & Works - Construct Storage Shed

Permit Issued No

KP-723/2011 569 Nepean Highway BONBEACH 19/09/2011 28/12/2011 Subdivide The Land Into Two (2) Lots

Permit Issued NO

KP-242/2011 23 Barker Street CHELTENHAM 15/04/2011 28/12/2011 Seven (7) Dwellings Notice Of Decision No

KP-792/2010/A

69 Rennison Street PARKDALE 29/11/2011 30/12/2011

TWO (2) DWELLINGS (Transferred To Secondary Consent On KP792/2010 Withdrawn NO


Agenda 22 February 2012 PC 2 Town Planning Application Decisions – January, 2012 Approved By: Rachel Hornsby -General Manager, Environmental Sustainability Author: Ian Nice – Manager, Planning Attached for information is the report of Town Planning Decisions for the month of January, 2012. A summary of the decisions is as follows:

Type of Decision Number of Decisions Made

Percentage (%)

Planning Permits 55 67 Notice of Decision 8 10 Refusal to Grant a Permit 0 0 Other - Withdrawn (9) - Prohibited (0) - Permit not required (6) - Lapsed (3)

18 23

Total 81 100 (NB: Percentage figures have been rounded) Recommendation That the report be noted.

2 of 9

Planning Decisions January, 2012 APPL. No. PROPERTY


DATE DATE DECIDED


KP-828/2011

7 Waterside Drive WATERWAYS 26/10/2011 4/01/2012

Develop The Land For The Construction Of A Swimming Pool In A Design And Development Overlay Permit Not Required NO

KP-382/2011

13 Murphy Street CLARINDA 7/06/2011 5/01/2012

To Develop The Land To Construct Two (2) Dwellings Notice Of Decision NO

KP-260/2011

325 Nepean Highway EDITHVALE 18/04/2011 5/01/2012 Four (4) Dwellings Notice Of Decision NO

KP-395/2011

47 Governor Road MORDIALLOC 10/06/2011 5/01/2012

To Use The Land As A Food And Drink Premises (Cafe) Associated With The Existing Industrial Use. Permit Issued NO

KP-492/2010

513-514 Nepean Highway BONBEACH 23/07/2010 5/01/2012

Mixed Use Development- Nine (9) Dwellings & One (1) Shop With Reduced Car Parking Requirements Permit Issued YES

KP-672/2011

11 Rowson Grove CLARINDA 7/09/2011 5/01/2012

Develop The Land For The Construction Of Two (2) Dwellings And A Two (2) Lot Subdivision Permit Issued NO

KP-771/2011

Factory 1 2-4 Meriton Place

CLAYTON SOUTH 7/10/2011 6/01/2012 Use The Land To Sell Cars Lapsed NO

KP-346/2011


Develop The Land For The Construction Of Works Associated With A Medical Centre, Display Of Business Identification Signs And A Reduction In The Car Parking Requirements Of Clause 52.06 Of The Kingston Planning Scheme Permit Issued NO

KP-802/2010

1239-1241 Nepean Highway CHELTENHAM 10/11/2010 9/01/2012 Advertising Signs Withdrawn NO

3 of 9



DATE DATE DECIDED


KP-495/2011

1361 Nepean Highway CHELTENHAM 14/07/2011 9/01/2012

Use And Develop The Land For Accommodation Permit Not Required NO

KP-435/2011

1 55 Rae Avenue EDITHVALE 23/06/2011 9/01/2012 Single Dwelling Permit Issued NO

KP-770/2010

15 Inverness Street CLARINDA 27/10/2010 11/01/2012

Develop The Land For The Construction Of Eight (8) Dwellings Permit Not Required NO

KP-821/2011

76 Village Drive

DINGLEY VILLAGE 20/10/2011 11/01/2012

Develop The Land For A Dwelling Extension In A Special Building Overlay Permit Issued NO

KP-913/2011

3 213-223 Wells Road

CHELSEA HEIGHTS 28/11/2011 11/01/2012

Develop The Land For The Construction Of A Ground Floor And Mezzanine Extension To The Existing Offices Permit Issued NO

KP-789/2011

4 Observation Court WATERWAYS 12/10/2011 11/01/2012

Develop The Land For The Construction Of An Outdoor Covered Area Permit Issued NO

KP-568/2011

47 Springs Road

CLAYTON SOUTH 8/08/2011 11/01/2012

Develop The Land For The Construction Of Two (2) Double Storey Dwellings On This Site Permit Issued NO

KP-807/2011

55 Bethell Avenue PARKDALE 17/10/2011 11/01/2012

Subdivide The Land Into Two (2) Lots Permit Issued NO

KP-724/2011

61 Industrial Drive BRAESIDE 21/09/2011 11/01/2012

Use The Land For Motor Vehicle Sales Permit Issued NO

KP-587/2011

46 Field Avenue EDITHVALE 11/08/2011 11/01/2012

Develop The Land For The Construction Of Two (2) Dwellings Notice Of Decision NO

KP-465/2011

6 Ashmore Avenue MORDIALLOC 6/07/2011 11/01/2012

Develop The Land For The Construction Of Two (2) Double Storey Dwellings Permit Issued NO

KP-959/2011

83 Balcombe Road MENTONE 19/12/2011 12/01/2012

Use The Land For A Take Away Food Premise

Permit Not Required NO

4 of 9



DATE DATE DECIDED


KP-506/2011

109 Palm Beach Drive

PATTERSON LAKES 19/07/2011 12/01/2012 Replace Jetty 177 Permit Issued NO

KP-552/2011

264 Gladesville Boulevard


KP-561/2011

41 Westall Road

CLAYTON SOUTH 4/08/2011 13/01/2012

Develop The Land For The Construction Of Two (2) Dwellings Permit Issued NO

KP-888/2011

42 Catherine Avenue CHELSEA 11/11/2011 13/01/2012


KP-368/2011

1 Sheppard Street MOORABBIN 3/06/2011 13/01/2012

Develop The Land For The Construction Of One (1) Dwelling To The Rear Of An Existing Dwelling Notice Of Decision NO

KP-917/2011

6 Westbridge Court WATERWAYS 29/11/2011 16/01/2012

Develop The Land For The Construction Of One (1) Dwelling In A Design And Development Overlay Permit Issued NO

KP-605/2011

8 Clematis Court


KP-762/2011

49 McKay Street MORDIALLOC 3/10/2011 16/01/2012


KP-952/2011

47 Levanto Street MENTONE 13/12/2011 17/01/2012


KP-283/2011 4 Daniel Court MENTONE 3/05/2011 17/01/2012 Two (2) Dwellings Permit Issued NO

KP-1143/2008/A

1-9 Balcombe Road MENTONE 28/06/2011 17/01/2012 Liquor Licence Permit Issued NO

KP-33/2011 8 Elsie Grove CHELSEA 19/01/2011 17/01/2012 Two (2) Dwellings Permit Issued NO

5 of 9



DATE DATE DECIDED


KP-480/2011

567 Nepean Highway BONBEACH 12/07/2011 17/01/2012

Develop The Land For The Construction Of Two (2) Double Storey Dwellings Permit Issued NO

KP-291/2011

30 Tennyson Street CARRUM 4/05/2011 17/01/2012 Two (2) Dwellings Permit Issued NO

KP-966/2011

3 Island Point Avenue WATERWAYS 15/12/2011 17/01/2012

Develop The Land For A Ground Floor Extension In A Design And Development Overlay Permit Issued NO

KP-940/2011

6 Island Point Avenue WATERWAYS 7/12/2011 17/01/2012

Develop The Land For The Construction Of One (1) Dwelling In A Design And Development Overlay Permit Issued NO

KP-493/2011

29 McKay Street PARKDALE 19/07/2011 18/01/2012


KP-735/2011

25 Bradshaw Street MORDIALLOC 27/09/2011 18/01/2012


KP-365/2011

280-281 Nepean Highway EDITHVALE 2/06/2011 18/01/2012

To Develop The Land For The Construction Of Buildings And Works (Ground And First Floor Extension) To An Existing Shop And Office And A Reduction In Car Parking Requirements Pursuant To Clause 52.06 Of The Kingston Planning Scheme Permit Issued NO

KP-688/2011

8 Hearle Avenue ASPENDALE 8/09/2011 18/01/2012

To Remove Restrictions On A Title Withdrawn NO

KP-778/2011

57-59 Grange Road CHELTENHAM 10/10/2011 18/01/2012

Use The Land For A Materials Recycling Centre Withdrawn NO

KP-1086/2008

153 Keys Road MOORABBIN 4/12/2008 18/01/2012 Alts & Adds To Warehouse Withdrawn NO

KP-930/2011

43-45 Canterbury Road BRAESIDE 30/11/2011 19/01/2012

Use The Land For A Food & Drink Premises Withdrawn NO

6 of 9



DATE DATE DECIDED


KP-503/2010

1464 Centre Road

CLAYTON SOUTH 28/07/2010 19/01/2012 Two (2) Dwellings Permit Issued NO

KP-913/2010


Buildings & Works/Change Of Use - Ambulance Station Permit Issued NO

KP-848/2011

29-31 Fraser Avenue EDITHVALE 2/11/2011 19/01/2012

Develop The Land For The Construction Of An Extension To The Existing Kindergarten Permit Issued NO

KP-772/2011


Develop The Land For The Construction Of Alterations (Airlock) To Shopping Centre Entranceway Permit Issued NO

KP-539/2011

50 Wetland Drive

PATTERSON LAKES 28/07/2011 19/01/2012

Develop The Land For The Construction Of One (1) Dwelling In A Land Subject To Inundation Overlay Permit Issued NO

KP-918/2011

36-44 Whiteside Road

CLAYTON SOUTH 24/11/2011 19/01/2012

Use The Land For Materials Recycling Lapsed NO

KP-200/2011

3 Sandalong Court BONBEACH 31/03/2011 19/01/2012 Two (2) Dwellings Permit Issued NO

KP-11/2012 11 Foam Street ASPENDALE 11/01/2012 19/01/2012


KP-852/2011

29 Long Island Point

PATTERSON LAKES 31/10/2011 20/01/2012

Develop The Land For The Construction Of A Jetty Permit Issued NO

KP-785/2011

2 41 Gladesville Boulevard

PATTERSON LAKES 11/10/2011 20/01/2012

Develop The Land For The Construction Of An Extension To A Carport In A Design And Development Overlay (DDO2) Permit Issued NO

KP-928/2011

REAR Perovic Place

CHELSEA HEIGHTS 5/12/2011 23/01/2012

Develop The Land For The Construction Of Twenty (20) Dwellings Withdrawn NO

KP-87/2011 2 Elder Street South HEATHERTON 11/02/2011 23/01/2012 Dwelling Extension Withdrawn NO

7 of 9



DATE DATE DECIDED


KP-464/2011

101 Thames Promenade CHELSEA 1/07/2011 23/01/2012

Develop The Land For The Construction Of A Dwelling Extension In A Special Building Overlay Permit Not Required NO

KP-548/2011

16 Beachcomber Court


KP-196/2011

37 Mount View Road HIGHETT 31/03/2011 23/01/2012 Two (2) Dwellings Permit Issued NO

KP-206/2011

22 First Avenue ASPENDALE 5/04/2011 23/01/2012 Two (2) Dwellings Notice Of Decision NO

KP-534/2011 7 Joan Street MOORABBIN 21/07/2011 23/01/2012

Develop The Land For The Construction Of One (1) Single Storey Dwelling To The Rear Of The Existing Dwelling. Notice Of Decision NO

KP-623/2011

52 Embankment Grove CHELSEA 16/08/2011 23/01/2012

Development Of The Land For Three (3) Dwellings In A Special Building Overlay Lapsed NO

KP-582/2010


Use & Development - Sixteen (16) Dwellings With A Basement Car Park & Alter Access To A Rdz1 Failure To Determine NO

KP-927/2010

101-103 Mentone Parade MENTONE 24/12/2010 23/01/2012

Develop The Land For The Construction Of Sixteen (16) Dwellings And A Shop, With A Reduction Of The Car Parking Requirement Of Clause 52.06 And Loading Requirements Of Clause 52.07 Of The Kingston Planning Scheme Failure To Determine NO

KP-293/2011

261 Como Parade East PARKDALE

29/11/2011 23/01/2012

Develop The Land For The Construction Of Seven (7) Dwellings And Extension To An Existing Dwelling Notice Of Decision NO

8 of 9



DATE DATE DECIDED


KP-166/2011

235-237 Wickham Road MOORABBIN 26/10/2011 23/01/2012

Develop The Land For The Construction Of Nine (9) Dwellings Failure To Determine NO

KP-900/2011

6 Magnolia Street MORDIALLOC 27/09/2011 23/01/2012


KP-767/2011

13 Shipston Road CHELTENHAM 12/07/2011 24/01/2012

Develop The Land For A Dwelling Extension In A Special Building Overlay Permit Issued NO

KP-230/2011

49 Argyle Avenue CHELSEA 4/05/2011 25/01/2012

Develop The Land For The Construction Of Three (3) Dwellings Permit Issued NO

KP-766/2011 21 Mills Road BRAESIDE 12/07/2011 25/01/2012


KP-515/2011

102-114 Gladesville Boulevard

PATTERSON LAKES 10/11/2011 25/01/2012

Develop The Land For The Construction Of One (1) Internally Illuminated Business Identification Sign Permit Issued NO

KP-553/2011

53 Marriott Street PARKDALE 7/07/2011 25/01/2012 Two (2) Lot Subdivision Permit Issued NO

KP-841/2011

47 Valetta Street CARRUM 10/10/2011 25/01/2012


KP-154/2008

1 142 Como Parade West PARKDALE 17/05/2011 25/01/2012 2 Dwellings Notice Of Decision No

KP-210/2010/A

8 Roseberry Avenue CHELSEA 3/10/2011 25/01/2012


KP-922/2007/A 22 Bondi Road BONBEACH 18/11/2011 25/01/2012 4 Dwellings Permit Issued No KP-857/2006/A

5 Canberra Street

PATTERSON LAKES 29/09/2010 25/01/2012 Two (2) Dwellings Permit Issued NO

KP-965/2011

3 Keeling Court

PATTERSON LAKES 17/05/2011 30/01/2012

Develop The Land For The Construction Of A Jetty Withdrawn NO

9 of 9



DATE DATE DECIDED


KP-829/2011

10 Clipper Island

PATTERSON LAKES 28/07/2010 30/01/2012

Develop The Land For The Construction Of A Jetty Withdrawn NO

KP-15/2012 6 Marlin Bay PATTERSON LAKES 20/12/2010 31/01/2012

Develop The Land For The Construction Of A Dwelling Extension In A Design And Development Overlay Permit Not Required NO


Agenda 22 February 2012

PC 3 No. 83 (Lot 19 on LP18716) Albenca Street, Cheltenham – Planning Permit Application No. KP-531/2011

Executive Summary Application No KP-531/2011 Land No. 83 (Lot 19 on LP18716) Albenca Street,

Cheltenham Proposal Develop the land for the construction of three (3)

Double Storey Dwellings Permit Trigger Construct two or more dwellings on a lot Existing Site Conditions Single storey dwelling Applicant Robert John Jasiewicz Zone / Overlays Residential 3 Zone Residential Policy Area Incremental Housing Change Objections One (1) Planner Jeremy Hopkins

1.0 DESCRIPTION OF PROPOSAL 1.1 The application seeks to develop the land for the construction of three (3) double storey

dwellings. Each dwelling incorporates a separate driveway and crossover accessed from Judd Parade, with between 69m2 and 165m2 of secluded private open space proposed to the rear of the dwellings.

2.0 SUBJECT SITE AND SURROUNDS 2.1 The following map illustrates the subject site in its surrounding context.



2.2 The site is irregular shaped and is located on a corner allotment with a frontage to Albenca

Street of 27m, frontage to Judd Parade of 39m, depth from Albenca Street running west to the Reserve adjoining the subject site of 42m, resulting in a site area of 850.5m2. It currently contains a single storey, weatherboard dwelling and associated outbuildings (two carports, iron garage, and a pergola). The existing single storey dwelling on the land enjoys a 8.07m front setback to Albenca Street and a 5.37m front setback to Judd Parade.

3.0 KEY PLANNING CONSIDERATIONS 3.1 The key planning considerations relate to: (a) Street setback to Judd Parade

As discussed in greater detail within the Planning Officer’s report, the development proposes a 3.02m setback from Judd Parade, being 998mm less than the required setback of 4m. The subject site enjoys no prevailing building setbacks sited on the southern side of Judd Parade as the only other property located on the southern side of Judd Parade is the Council Reserve. This provides the opportunity to introduce a new frontage setback to the streetscape. The minor variation to the frontage setback requirement combined with the articulated design of the proposed dwellings, resulting in the efficient use of the site, ensures that the proposed development is considered to comply with the decision guidelines and objective of Clause 55.03-1 (Street Setback) of the Kingston Planning Scheme.

(b) Site coverage/density

The development proposes a site coverage of 55% whereas the maximum site coverage is 50% in the Residential 3 Zone. The site coverage objective pursuant to Clause 55.03-3 (Site Coverage) of the Kingston Planning Scheme is to ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site. In this instance the proposed site coverage of 55% is considered acceptable as the articulated design of the dwellings prevent any dominant visual bulk from the street and the future residents would enjoy generous secluded private open space (especially to Dwellings 1 & 2). It is also noted that the building mass is broken up by 1m between building setbacks consistent with the built rhythm of the streetscape. Given that the site is only bound by two (2) sensitive interfaces, and given the site’s corner status, an additional 5% site coverage to that guided in the Residential 3 Zone is deemed appropriate and negligible in this instance.

(c) Neighbourhood character

As discussed in greater detail within the Planning Officer’s report, the proposal is considered to complement the neighbourhood character of the area. Whilst it is acknowledged that the proposal is for three (3) double storey dwellings in a streetscape traditionally and predominantly single storey in scale, the proposal provides for an articulated first floor design, which is consistent in height with the



adjoining double storey dwelling at 81 Albenca Street. The proposal includes complex hipped roofs; porch elements; brick and weatherboard cladding and large horizontal pane windows, consistent with the neighbourhood character of the area. A landscaping plan has been recommended as a condition on any permit issued, requiring the planting of large mature trees to soften the development when viewed form the streetscape and to ensure the transition of canopy cover from the existing Council Reserve extending along the frontage of the subject site around Judd Parade and into Albenca Street.

3.2 The subject site is identified within Area 13 of the Kingston Neighbourhood Character Study

(May 2003). As part of this study, the average lot size within this area was calculated to be 347.45m2. The proposal achieves an average lot size of 283.5m2 per dwelling. Although the proposal does not meet this strategy, it is considered that the development proposes an appropriate number of dwellings on this site as demonstrated by its overall compliance with ResCode and the Schedule to the Residential 3 Zone requirements.

4.0 OBJECTOR CONCERNS 4.1 One (1) objection was received to the application. A summary of the concern and response

to the ground is provided below: (a) Overlooking

The proposal seeks to construct three (3) double storey dwellings on the land. Concern was raised about the potential for overlooking from the first floor south facing windows of all dwellings into the secluded private open space area and first floor windows of the adjoining property. This concern has been addressed through the inclusion of a condition, on any permit issued, ensuring the first floor windows of the proposed dwellings are screened in accordance with Standard B22 of Clause 55.04-6 of the Kingston Planning Scheme.

5.0 CONCLUSION 5.1 Based on a thorough assessment of the application against the relevant provisions of the

Kingston Planning Scheme and taking into consideration the concerns raised by the objector, the proposal, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported.



RECOMMENDATION

That Council determine to support the proposal to issue a Notice of Decision to Grant a Permit to develop the land for the construction of three (3) Double Storey Dwellings at No. 83 (Lot 19 on LP18716) Albenca Street, Cheltenham, subject to the following conditions:

1. Before the development starts amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 14 October 2011, but modified to show:

a. the provision of an improved landscape plan and associated planting schedule for the site showing the proposed location, species type, mature height and width, pot sizes and number of species be planted on the site, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

i. an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site. The schedule must be shown on the plan;

ii. the delineation of all garden beds, paving, grassed areas, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;

iii. all existing trees on the site and within three (3) metres to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

iv. a range of plant types from ground covers to large shrubs and trees;

v. adequate planting densities (e.g. plants with a mature width of 1 metre, planted at 1 metre intervals);

vi. the provision of five (5) suitable medium sized (at maturity) canopy trees within the front setback of the property and three (3) facing Judd Parade and two (2) facing Albanca Street and one (1) medium (at maturity) canopy tree within the private open space of each dwelling with all species chosen to be approved by the Responsible Authority;

vii. sustainable lawn areas and plant species taking current water restrictions into consideration;

viii. all trees provided within the front setback of the property facing both Judd Parade and Albenca Street must be provided at a minimum of four (4) metres in height at time of planting;

ix. all trees provided in the rear private open space must be provided at a minimum of two (2) metres high at time of planting;

x. medium to large shrubs and trees provided in pot sizes of 200mm or greater;



xi. the provision of advanced suitable screen type planting along the site’s south (side) and west (Albenca Street frontage) property boundary, with a 1.5 metre wide landscape strip; and

xii. the provision of a notation on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

b. the first floor south elevation bedroom 2 windows of all three (3) dwellings screened in accordance with Standard B22 of Clause 55.04-6 of the Kingston Planning Scheme;

c. the first floor south elevation ensuite windows of all three (3) dwellings must be fitted with fixed (unopenable) obscure glazing to a minimum height of 1.7m above the first floor finished floor level;

d. the surface material of all driveways / accessways and car parking spaces nominated in all-weather coloured concrete sealcoat, or similar;

e. the provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development;

f. a notation on the site plan stating: “The redundant vehicle crossing must be removed, kerb & channel must be reinstated and the extension to the existing footpath up to the wing of the vehicle crossing must be constructed to the satisfaction of the Responsible Authority”;

g. the guttering pertaining to the garage walls on the site’s western property boundaries to each dwelling nominated as being contained wholly within the title property boundaries of the subject land;

h. the driveway for Dwelling 1 & 2 modified to directly align with the proposed vehicle crossover, or alternatively the proposed crossovers realigned with the proposed driveways; and

i. the site plan to show the location of the clothes line/hoist within the rear secluded private open space area of each of the dwellings.

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

3. Prior to the occupation of the dwellings hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

4. Prior to the occupation of the dwellings hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.

5. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can



advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bio retention system, rainwater tanks connected for reuse and a detention system.

6. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

7. Stormwater works must be provided on the site so as to prevent overflows onto adjacent properties.

8. Any existing vehicular crossing not in accordance with the endorsed plan must be removed and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

9. Prior to the occupation of the dwellings hereby permitted, all boundary fences must be repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner.

10. Prior to the occupation of the dwellings hereby permitted, areas set aside for parking vehicles, access lanes and paths as shown on the endorsed plans must be: a. Constructed to the satisfaction of the Responsible Authority.

b. Properly formed to such levels that they can be used in accordance with the plans.

c. Surfaced in accordance with the endorsed plans under this permit or in an all weather coloured concrete seal-coat, to the satisfaction of the Responsible Authority.

d. Drained and maintained to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority.

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

12. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

13. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

The development and/or use are not started within two (2) years from the date of permit issue.

The development is not completed within four (4) years from the date of permit issue.



In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards.

Note: Prior to the commencement of the development you are required to obtain the necessary Building Permit.

Note: The applicant/owner must provide a copy of this planning permit to any appointed Building Surveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure that all building development works approved by any building permit is consistent with the planning permit.

Note: Before removing / pruning any vegetation from the site, the applicant or any contractor engaged to remove any vegetation, should consult Council’s Vegetation Management Officer to verify if a Local Laws Permits is required for the removal of such vegetation.

OR

In the event Council wishes to oppose the Officer Recommendation to support the application, it can do so on the following grounds:

1. The site coverage of 55% does not respect the existing neighbourhood character of the area and exceeds the prescribed site coverage requirement of 50% under the Schedule to the Residential 3 Zone.

2. The street setback to Judd Parade of 3.02m does not respect the existing neighbourhood character of the area and is less than the minimum required setback prescribed under Standard B6 of Clause 55.03-1 of the Kingston Planning Scheme.

3. The proposal would detract form the visual amenity of the locality and the streetscape.



PLANNING OFFICER

REPORT

APPLICANT Robert John Jasiewicz

ADDRESS OF LAND No. 83 (Lot 19 on LP18716) Albenca Street, Cheltenham

Plan of Subdivision Reference Lot 19 on PS 08716

PROPOSAL Develop the land for the construction of three (3) Double Storey Dwellings

PLANNING OFFICER Tara Bryce (Author: Jeremy Hopkins)

REFERENCE NO. KP-531/2011

ZONE Residential 3 Zone

OVERLAYS None

OBJECTIONS One (1)

CONSIDERED PLAN REFERENCES/DATE RECEIVED

14 October 2011

ABORIGINAL CULTURAL HERITAGE SENSITIVTY

Exempt as subject site has previously been development and currently contains a single dwelling

1.0 RELEVANT LAND HISTORY 1.1 Council records indicate that there is no relevant planning history relating to this site. 2.0 SITE PARTICULARS 2.1 The site is irregular shaped and is located on a corner allotment with a frontage to Albenca

Street of ± 27m, frontage to Judd Parade of ± 39m, depth from Albenca Street running west to the Reserve adjoining the west of the subject site of ± 42m, resulting in a site area of 850.5m2. It currently contains a single storey, weatherboard dwelling and associated outbuildings (two carports, iron garage, and a pergola). The existing single storey dwelling on the land enjoys an 8.07m front setback to Albenca Street and a 5.37m front setback to Judd Parade. The existing single storey dwelling is orientated on the allotment to face Albenca Street. A 1.2m high timber picket fence extends along the street frontage of the allotment.

2.2 The land is generally flat with a fall of only 200mm from east (Albenca Street frontage) to

west. The land currently contains a large Queensland Brush Box (Lophostemon confertus) measuring 12m in height with a 5m radius, and a Sweet Gum (Liquidambar styracifua)



measuring 15m in height with a 8m radius. Both trees are located in the rear yard between the existing dwelling and the existing iron garage. A number of other shrubs and small trees are located on the allotment.

2.3 The land is not encumbered by any easements, and there appears to be no restrictions

listed on the Certificate of Title. The allotment enjoys vehicular access from both Albenca Street and Judd Parade with a crossover located on the southern side boundary with access to Albenca Street, and a crossover located on the western side boundary (accessing the existing iron garage) with access to Judd Parade.

3.0 SURROUNDING ENVIRONS 3.1 The surrounding area generally comprises of detached single storey brick veneer and

weatherboard dwellings, with the exception being the adjoining property located to the south of the subject site, which contains a double storey brick veneer dwelling. Hipped roof-forms and low frontage fencing is symbolic of the streetscape consistent with the 1960’s neighbourhood character of the area. Three (3) single storey attached brick veneer units are located diagonally opposite the subject site with vehicular access to Albenca Street.

3.2 Land directly abutting the subject site and opposite is described as follows:

North:

The existing dwellings located to the north of the subject site fronting Judd Parade contain single storey triple fronted cream brick 1960’s style dwellings with hipped roof-forms, low frontage fencing and garages located to the rear of the existing dwellings. The rhythm of the built form includes frontage boundary setbacks averaging 7.5m with an average setback between each dwelling of around 5m.

East:

The existing dwellings located to the east of the subject site fronting Albenca Street contain single storey 1960’s styled dwellings with a mixture of brick veneer and weatherboard cladding. Garages and carports are generally located to the side or rear of the existing dwellings, although the exception is No. 82 and 84 Albenca Streets where the garage/carport(s) are located forward of the building line of the existing dwellings. Front fencing heights vary and range between 1.1m and 1.8m.

South:

To the south of the subject site is a double storey brick veneer single detached dwelling constructed circa 2002 with a large in-ground swimming pool located in the rear private open space area. The existing crossover and driveway runs along the northern boundary of the property adjoining the subject site. A large tree is located in the front yard with a 1.6m high picket fence fronting Albenca Street.

West:



To the west of the subject site is a Council Reserve containing a number of established trees and a gravel path with access from Judd Parade leading to a park bench and swing.

4.0 PROPOSAL 4.1 It is proposed to demolish the existing single storey weatherboard dwelling and associated

outbuildings on the land and construct three (3) double storey detached dwellings on this site.

4.2 Dwelling 1 comprises a double storey design response with an entry foyer, rumpus room,

open plan living, meals & kitchen on the ground floor, and three (3) bedrooms (master with ensuite and walk-in-robe) to the first floor. The dwelling is proposed to be constructed of face brickwork to the ground floor, lightweight timber cladding to the first floor with a hipped Colorbond corrugated iron roof pitched at 22.5 degrees. The total height of the dwelling would be 6.72m above natural ground level with a setback from Albenca Street of 4.1m and 3.99m form Judd Parade.

Secluded private open space would be located to the south of the dwelling and total 165.78m2. Vehicular access would be from Judd Parade and the dwelling would contain a single attached garage with internal access and a tandem parking space in front. A 1.2m high timber picket fence is proposed to extend around the Albenca Street/Judd Parade street frontage of the proposed dwelling.


open plan living, meals & kitchen on the ground floor, and three (3) bedrooms (master with ensuite and walk-in-robe) to the first floor. The dwelling is proposed to be constructed of face brickwork to the ground floor, lightweight timber cladding to the first floor with a hipped Colorbond corrugated iron roof pitched at 22.5 degrees. The total height of the dwelling would be 6.72m above natural ground level with a setback from Judd Parade of 3.02m.

Secluded private open space would be located to the south of the dwelling and total 95.58m2. Vehicular access would be from Judd Parade and the dwelling would contain a single attached garage with internal access and a tandem parking space in front. A 1.2m high timber picket fence is proposed to extend along the Judd Parade street frontage of the proposed dwelling.


open plan living, meals & kitchen on the ground floor, and three (3) bedrooms (master with ensuite and walk-in-robe) to the first floor. The dwelling is proposed to be constructed of face brickwork to the ground floor, lightweight timber cladding to the first floor with a hipped Colorbond corrugated iron roof pitched at 22.5 degrees. The total height of the dwelling would be 6.72m above natural ground level with a setback from Judd Parade of 3.02m.

Secluded private open space would be located to the south of the dwelling and total 69.40m2. Vehicular access would be from Judd Parade and the dwelling would contain a single attached garage with internal access and a tandem parking space in front. A 1.2m high timber picket fence is proposed to extend along the Judd Parade street frontage of the proposed dwelling.



The existing 12m high Queensland Brush Box and the 15m high Liquidambar are both proposed to be removed from the rear yard of the subject site to facilitate the proposed development.

4.5 The proposal has an overall site coverage of 55% and a permeability of greater than 20%. 5.0 PLANNING PERMIT PROVISIONS

Zone 5.1 Residential 3 Zone: Pursuant to Clause 32.06-4 of the Kingston Planning Scheme, a

planning permit is required to construct two (2) or more dwellings on a lot. A development must meet the requirements of Clause 55 of the Scheme. The Schedule to the Residential 3 Zone includes a variation to a number of standards within Clause 55.

Overlay 5.2 The subject site is not constrained by any overlay controls.

Particular Provisions 5.3 Clause 55 - Two or More Dwellings on a Lot & Residential Buildings – (Refer to Appendix A

for the Planning Officer’s full assessment against this report).

General Provisions 5.4 The Decision Guidelines of Clause 65 of the Kingston Planning Scheme are relevant to this

application and require consideration to be given to a variety of matters including planning scheme policies, the purpose of the zone, orderly planning and the impact on amenity.

6.0 RELEVANT POLICIES 6.1 State Planning Policy Framework (SPPF)

Clause 11 Settlement Clause 12 Environmental and Landscape Values Clause 13 Environmental Risks Clause 15 Built Environment and Heritage Clause 16 Housing

6.2 Local Planning Policy Framework (LPPF)

Clause 21.05 Residential Land Use Clause 22.11 Residential Development Policy

6.3 Other



6.4 Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 – Residential Land Use of the LPPF). The land is located within Area 13 of the Neighbourhood Character Guidelines.

6.5 Design Contextual Housing Guidelines (April 2003 – reference document within Clause

22.11 – Residential Development Policy). The Design Contextual Housing Guidelines offer a range of design techniques and suggestions to assist with residential design, which is responsive to local character.

7.0 ADVERTISING 7.1 The proposal was advertised by sending notices to adjoining and opposite property owners

and occupiers and by maintaining a notice on site for fourteen (14) days. One (1) objection to the proposal was received. The valid grounds of objection raised are summarised as follows:

Loss of privacy

8.0 PRELIMINARY CONFERENCE 8.1 Unfortunately a preliminary conference was unable to be held, as the person who made

objection was unable to be contacted, due to being overseas in Germany for an extended period of time. As the concerns of the person who made objection relate to overlooking it is considered that their concerns can be dealt with through conditions of any permit issued requiring the first floor south elevation windows to be screened appropriately, and the planting of mature screen vegetation along the southern boundary of the subject site within the proposed secluded private open space areas to further aid in increasing privacy between the subject site and the adjoining property.

A notation on the advertised plans confirms that the existing 2.1m high paling fence located between the subject site and the adjoining property will remain unaltered, therefore preventing any overlooking from the ground floor and proposed secluded private open space areas into the existing in-ground swimming pool of the adjoining property at 81 Albenca Street.

9.0 AMENDMENT TO PLANS FOLLOWING ADVERTISING 9.1 No amendments were made to the application following the advertising period. Accordingly,

it is the advertised plans that form the basis of this recommendation and are described at section 4 of this report.

10.0 REFERRALS 10.1 The application was referred to the following internal departments:

Council’s Development Engineer – raised no objection to the application, subject to conditions included on any permit issued relating to stormwater works incorporating water sensitive urban design, and the requirement to provide a Stormwater



Management Plan prior to works commencing on site to the satisfaction of the responsible authority.

Council’s Vegetation Management Officer – after assessing the Aborist Report

submitted with the application, no objection to the application was raised, subject to a condition included on any permit issued requiring the submission of a Landscape Plan prepared by a suitably qualified landscaping professional to be approved by the Responsible Authority prior to the commencement of works on site.

Council’s Traffic Engineer - raised no objection to the application, subject to a condition

being included on any permit issued relating to clear sight lines for vehicles existing the proposed dwellings.

Council’s Roads and Drains Department - raised no objection to the application, subject

to conditions included on any permit issued relating to the construction of the proposed crossovers and removal of the redundant crossover fronting Albenca Street to be reinstated with curb and channel to the satisfaction of the responsible authority.

10.2 The application was not considered to require referral to any external departments. 11.0 PLANNING CONSIDERATIONS:

State Planning Policy Framework 11.1 The State Planning Policy Framework sets out the relevant state-wide policies for

residential development at Clause 11 (Settlement), Clause 15 (Built Environment and Heritage) and Clause 16 (Housing). Essentially, the provisions within these clauses seek to achieve the fundamental objectives and policy outcomes sought by the Metropolitan Strategy – ‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have been removed from an individual clause and integrated throughout the State Planning Policy Framework.

11.2 The settlement policies at Clause 11 seek to ensure a sufficient supply of land is available for all forms of land use in Victoria. Of particular relevance to housing, Clause 11 promotes housing diversity and urban consolidation objectives in the established urban realm. Clause 11.02-1 states that Planning Authorities should plan to accommodate projected population growth over at least a 15 year period, taking account of opportunities for redevelopment and intensification of existing urban areas as well consideration being had for environmental aspects, sustainable development and the costs associated with providing infrastructure. This clause states: Planning for urban growth, should consider:

o Opportunities for the consolidation, redevelopment and intensification of existing urban areas;

o Neighbourhood character and landscape considerations; o The limits of land capability and natural hazards and environmental quality; o Service limitations and the costs of providing infrastructure.



11.3 Clause 11.01-2 places particular emphasis on providing increased densities of housing in

and around activity centres or sites that have good access to a range of services, facilities and transport options.

11.4 Clause 13 (Environmental Risks) aims to ensure that planning adopts a best practice environmental management and risk management approach which aims to avoid or minimise environmental degradation and hazards. Further, planning should identify and manage the potential for the environment, and environmental changes, to impact upon the economic, environmental or social well-being of society.

11.5 Clause 15 (Built Environment and Heritage) aims to ensure all new land use and

development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.

11.6 Housing objectives are further advanced at Clause 16. This Clause aims to encourage

increased diversity in housing to meet the needs of the community through different life stages and respond to market demand for housing. In much the same vein as Clause 11, this Clause advances notions of consolidation of existing urban areas, particularly in and around activity centres and employment corridors that are well served by all infrastructure and services.

11.7 The policies contained within Clause 16.01-4 encourage the provision of range of housing

types to meet the increasingly diverse needs of the community. Emphasis is placed on development of well-designed medium density housing with respect to neighbourhood character. Further, this Clause aims to make better use of the existing infrastructure and provide more energy efficient housing.

11.8 Policies pertaining to urban design, built form and heritage outcomes are found at Clause

15 of the State Planning Policy Framework. Of particular significance, Clause 15.01 encourages development to achieve high quality architectural and urban design outcomes that contribute positively to neighbourhood character, minimises detrimental amenity impacts and achieves safety for future residents, and the community, through good design. The provisions of Clause 15.02 promote energy and resource efficiency through improved building design, urban consolidation and promotion of sustainable transport.

11.9 It is submitted that the proposed development satisfies aforementioned State strategies and

policy direction. Specifically, the subject site is located on land earmarked for residential purposes, whereby residential development is an ‘as of right’ use under the zoning provisions. Subject to appropriate conditions on any permit issued, the development itself achieves an acceptable design outcome for the site and its immediate abuttals, whilst enjoying convenient and direct access to community facilities and the like, including public transport nodes.

Local Planning Policy Framework

11.10 The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston

Planning Scheme, seeks to provide guidance to development in residential zoned land,



mixed use zoned lands and land within activity centres. The Residential Land Use Framework Plan illustrates the range of housing outcomes sought across the City of Kingston.

11.11 Relevant objectives and strategies in Clause 21.05-3: Residential Land Use include:

o To provide a range of housing types across the municipality to increase housing diversity and cater for the changing housing needs of current and future populations, taking account of the capacity of local areas in Kingston to accommodate different types and rates of housing change. This is to be achieved through encouraging residential development within activity centres via mixed-use development, and on transitional sites at the periphery of activity centres.

o To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality. This is to be achieved through promoting new residential development, which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood.

o To promote more environmentally sustainable forms of residential development. To be achieved through promoting medium density housing development in close proximity to public transport facilities, particularly train stations.

o To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses.

o To ensure residential development does not exceed known physical infrastructure capacities.

o To recognise and response to special housing needs within the community. 11.12 Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning

Policy relevant to housing, stressing the need to encourage urban consolidation in appropriate locations and to accommodate projected population increases.

11.13 Clause 22.11 Residential Development Policy extends upon the provision contained at

Clause 21.05 (Residential Land Use), relating to increased housing diversity areas, incremental housing change areas, minimal housing change areas, residential renewal areas and neighbourhood character. It provides design guidance on how new residential development should achieve architectural and urban design outcomes that positively respond to neighbourhood character.

11.14 Relevant objectives in Clause 22.11-2 Residential Development Policy include:

To promote a managed approach to housing change, taking account of the differential capacity of local areas in Kingston to accommodate increased housing diversity, incremental housing change, residential renewal or minimal housing change, as identified within the MSS.

To encourage new residential development to achieve architectural and urban

design outcomes that positively respond to neighbourhood character having particular regard to that identified in the Kingston Neighbourhood Character Guidelines – August 2007.



To promote on-site car parking which is adequate to meet the anticipated needs of

future residents.

To ensure that landscaping and trees remain a major element in the appearance and character of the municipality’s residential environments.

To limit the amount and impact of increased stormwater runoff on local drainage

systems.

To ensure that the siting and design of new residential development takes account of interfaces with sensitive and strategic land uses.

11.15 It is considered that the proposed development generally complies and satisfies the State

and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing in appropriate locations. This is discussed in the Clause 55 assessment, later within this report.

12.0 CLAUSE 55 (RESCODE ASSESSMENT) 12.1 The proposal has been assessed against the standards of Clause 55 (ResCode) of the

Kingston Planning Scheme (refer to Appendix A). Overall, it is noted that the application achieves a high level of compliance with the ResCode provisions, with only minor variations sought. Two (2) of the thirty-four (34) ResCode standards are sought to be varied, with the remaining thirty-two (32) standards satisfied by the proposal.

12.2 The following assessment considers the relevant standards and objectives of ResCode

where they require further discussion to that provided in the attached Appendix, particularly those standards where concessions are sought.

Clause 55.02-1 – Neighbourhood Character & Infrastructure Standard B1 – Neighbourhood Character

12.3 The objective of this Clause 55.02-1 is ‘to ensure that the design respects the existing

neighbourhood character and responds to the features of the site and surrounding area’. Standard B1 of ResCode suggests that the proposed design should respect the existing or preferred neighbourhood character and respond to the features of the site.

12.4 The subject site is located within a predominately residential area where allotment sizes are

generally consistent with the 1950’s-1960’s cartilage of ±15m frontages and ±40m depths. Housing is generally single storey and orientated towards the street with complex hipped roof designs clad with tiles and white weatherboard and cream brick walls. Most dwellings contain porch elements and low front fencing, again typical of the frontage fencing treatments of the 1950’s-1960’s. Housing is typically set back 5-9m from the street frontage, with varying side boundary setbacks dependent on the location of the driveways, which typically run down the side of the properties to garages & carports located to the rear of the dwellings.

Both Judd Parade and Albenca Street have seen incremental housing change with medium density housing and newer circa 2000 housing stock within the streetscape, resulting in



garage/carport elements being a dominant feature of the new developments combined with a variety of front boundary setbacks emerging within the streetscape.

The design response is considered to be consistent with the neighbourhood character of the area. The double storey design of the dwellings is consistent in height with the adjoining double storey dwelling at 81 Albenca Street providing complex hipped roofs; porch elements; brick and weatherboard cladding and large horizontal pane windows, consistent with the neighbourhood character of the area. The proposed single garages are also set back behind the frontage, and the 1.2m high front picket fencing is considered to complement the low front fencing found within both Judd Parade and Albenca Street.

Standard B2 – Residential Policy

12.5 The Residential policy objective seeks to ensure that any proposed development accords with the relevant State and Local Planning Policy Framework. An assessment against Kingston’s MSS and Residential Development Policy has been provided at section 11.2 of this Report, with the proposal found to be consistent with the approach of encouraging gradual or incremental housing change, whilst supporting the principles of urban consolidation, housing choice, and encouraging new residential development to positively respond to neighbourhood character.

12.6 Further to the assessment at section 11.2, as the Site is located within a Residential 3

Zone, Clause 22.11 seeks to manage development pressures by instituting a requirement to achieve averaged lot sizes within Incremental Housing Change Areas.

12.7 To achieve this, Council’s Strategic Planning Department undertook a study across the

municipality in 2003 (Kingston Neighbourhood Character Study) to identify any emerging patterns with regard to average lot sizes. As such, six (6) areas were identified within the municipality, each having their own ‘average lot size’ calculation.

12.8 The subject site is identified within Area 4 of this study. The average lot size within this area

has been calculated to be 694.9m2, which results in a suggested development density of 1 dwelling per 347.45m2. As the site has an overall site area of 850.5m2 the development density would be calculated at 1 dwelling per 283.5m2. Although the proposal does not meet this strategy, it is considered that the development proposes an appropriate number of dwellings on this site as demonstrated by its overall compliance with ResCode and the Schedule to the Residential 3 Zone requirements. Further, the proposal is deemed appropriate as each dwelling enjoys ample secluded private open space and is located adjacent to a Council Reserve providing additional recreational pursuits. As previously discussed within the body of this report, the proposed dwellings are considered to complement the neighbourhood character of the area and the proposed lot sizes are generally consistent with the existing medium density housing found within the immediate vicinity located at 17 Judd Parade and 86 Albenca Street.


and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing in appropriate locations.

Standard B6 – Street setback objective



12.10 The standard requires that where a development is located on a corner allotment, and the proposed dwellings face a street where there is no building on the abutting allotment facing the same street that the minimum setback applicable is 4m. In this instance the proposed development would be set back 3.02m from Judd Parade resulting in a variation of 998mm.

The street setback objective pursuant to Clause 55.03-1 of the Kingston Planning Scheme is to ensure that the setback of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site. In this instance the proposed 988mm variation resulting in a setback from Judd Parade of 3.02m is not considered to detrimentally affect the prevailing setback within the streetscape. The subject site enjoys no prevailing building setbacks sited on the southern side of Judd Parade as the only other property located on the southern side of Judd Parade is the Council Reserve. This provides the opportunity to introduce a new frontage setback to the streetscape. The minor variation to the frontage setback requirement combined with the articulated design of the proposed dwellings resulting in the efficient use of the site ensures that the proposed development is considered to comply with the decision guidelines and objective of Clause 55.03-1 of the Kingston Planning Scheme.

Standard B8 – Site coverage objective

12.11 The maximum site coverage pursuant to the Schedule to the Residential 3 Zone is 50%. In

this instance, the development proposes a site coverage of 55%. The site coverage objective pursuant to Clause 55.03-3 of the Kingston Planning Scheme is to ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site. In this instance the proposed site coverage of 55% is considered acceptable as the articulated design of the dwellings prevent any dominant visual bulk from the street and the future residents would enjoy generous secluded private open space (especially to dwellings 1 & 2). It is also noted that the building mass is broken up by 1m between building setbacks consistent with the built rhythm of the streetscape. As discussed within the body of this report, the proposal is considered to complement the neighbourhood character of the area.

13.0 RESPONSE TO GROUNDS OF OBJECTIONS 13.1 The objector concern, which related solely to loss of privacy has largely been addressed in

the attached Appendix A and, where necessary, further elaborated on in the assessment above.

14.0 CONCLUSION: 14.1 The proposed development is considered appropriate for the Site, subject to conditions, as

evidenced by:

The compatibility of the design with its corner allotment status; The mitigation of off-site amenity impacts by way of appropriate conditions on any

permit issued; and



A high level of compliance with all relevant policies, including Clause 55 of the Kingston Planning Scheme.



APPENDIX A – RESCODE ASSESSMENT Standard of the Kingston Planning Scheme Two or more dwellings on a lot and residential buildings (Clause 55 and Schedule to the Residential 3 Zone)

Title and Objective Complies with Standard?

Requirement and Proposed

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

Yes The proposed dwellings are considered to be consistent with the neighbourhood character of the surrounding area, specifically roof pitch, setback, fencing, bulk and rhythm. Please refer to Part 12.3 of this Report.

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

Yes The proposed 3 double storey dwellings are considered to accord with the Residential Policy – please refer to the body of the report for further details. Please refer to Part 12.5 of this Report.

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

N/A The proposed development is for the construction of three (3) dwellings only. Notwithstanding the above, the proposal will provide housing choice in the form of housing on smaller allotments. Please refer to Parts 11.7 & 11.11 of this Report.

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

Yes It is recommended that suitable condition(s) be included in any permit issued to address infrastructure considerations.

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

Yes The proposed dwellings will be orientated towards Judd Parade. Dwelling 1 street





front orientation to Albenca Street will contain 2 habitable windows at ground floor level and a 1.2m high picket fence extending along the street frontage.

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

Partly Front Street Required: 4m Proposed: 3.02m Side Street Required: 2m Proposed: 3.43m Please refer to Part 12.2 of this Report.

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

Yes Maximum: 9 metres Proposed: 6.72 metres

B8 Site Coverage Site coverage should respect the existing or preferred neighbourhood character and respond to the features of the site. Note: The Schedule to the Residential 3 Zone includes a variation to this standard

No Maximum: 50% Proposed: 55% Please refer to Part 12.2 of this Report.

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

Yes At least: 20% Proposed: Greater than 20%

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

Yes The solar access to the existing dwellings on the adjoining lots would not be compromised. The proposed development is considered to provide good passive solar orientation.

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

N/A No communal open space is proposed.

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

Yes The layout is considered to provide safety and security to residents, with the development providing





good passive surveillance and direct access from the street to the front doors.

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

character of the neighbourhood.

Development that maintains and enhances habitat for plants and animals in locations of habitat importance.

The retention of mature vegetation on the site.

Yes Sufficient space is provided for landscaping consistent with the neighbourhood character of the area. It is recommended that a landscape plan be required by way of a condition of any permit issued.

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

Yes Each of the 2 new crossovers would be 3m wide with convenient access and egress from each dwelling. A condition is recommended requiring the crossovers to align with the proposed driveways.

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

Yes Each dwelling will be provided with 2 on site car parking spaces with one space in the garage and a tandem parking space in the driveway forward of the garage. These parking facilities are considered to be conveniently located.

B16 Parking Provision Ensure car and bicycle parking meets the needs of residents and visitors. Accessways should be practical, attractive and easily maintainable.

Yes Required: 2 per dwelling (6 in total). Proposed: 2 per dwelling (6 in total).





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

Yes Dwelling 1 Required: Ground Floor North: N/A (frontage) East: N/A (frontage) South: 1m West: N/A (boundary wall) First Floor North: N/A (frontage) East: N/A (frontage) South: 1.48m West: 1.45m Dwelling 2 Required: Ground Floor North: N/A (frontage) East: 1m South: 1m West: N/A (boundary wall) First Floor North: N/A (frontage) East: 1.48m South: 1.48m West: 1.48m

Dwelling 1 Proposed: Ground Floor North: N/A (frontage) East: N/A (frontage) South: 9.7m West: N/A (boundary wall) First Floor North: N/A (frontage) East: N/A (frontage) South: 11m West: 2.08m Dwelling 2 Proposed: Ground Floor North: N/A (frontage) East: 1m South: 6.4m West: N/A (boundary wall) First Floor North: N/A (frontage) East: 1.76m South: 7.66m West: 2.08m





Dwelling 3 Required: Ground Floor North: N/A (frontage) East: 1m South: 1m West: N/A (boundary wall) First Floor North: N/A (frontage) East: 1.48m South: 1.48m West: 1.48m

Dwelling 3 Proposed: Ground Floor North: N/A (frontage) East: 1m South: 3m West: N/A (boundary wall) First Floor North: N/A (frontage) East: 1.76m South: 4.3m West: 2.18m

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

Yes Maximum: Varying between 11.275m to 12.875m running along the western boundary (length). Proposed: 6m on western boundary (length) of each of the dwellings.

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

Yes The proposal is considered to provide adequate solar access to existing habitable room windows. The closest habitable room window of the adjoining property would be 7.68m from Dwelling 3.

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

Yes Buildings proposed to be constructed opposite existing north facing habitable room windows within 3m of a boundary are setback from the boundary by an amount greater than required by the standard.





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

Yes The shadow diagrams submitted with the planning permit application indicate that no overshadowing will occur outside of the subject site.

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

Yes The first floor south elevation windows are considered to be appropriately designed with minimum sill heights of 1.7m above FFL and obscure glazing to prevent any overlooking into the secluded private open space area of the adjoining property at 81 Albenca Street. A condition is recommended to ensure that the windows cannot be opened resulting in overlooking.

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

Yes The proposal is not considered to result in any unreasonable views into the secluding private open space and habitable room windows within the development.

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

Yes No unreasonable noise sources are anticipated beyond what is expected for a residential use.

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

Yes The entry to each dwelling would be accessible to people with limited mobility.

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

Yes Entry porches are proposed to each of the 3 dwellings, which have been designed to be visible and easily identifiable from the street.

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

Yes A minimum 1m clear to sky is proposed for all windows.





B28 Private Open Space Provide reasonable recreation and service needs of residents by adequate private open space. Note: The Schedule to the Residential 3 Zone includes a variation to this standard

Yes Required: An area of 40m2, with one part of the POS to consist of secluded POS at the side or rear of the dwelling or residential building with a minimum area of 40m2, a minimum dimension of 5m and convenient access from a living room. If a dwelling has more than 2 bedrooms an additional ground level POS area of 20m2 with a minimum width of 3m is required to be provided for each additional bedroom, with a maximum of 80m2 of POS required for the dwelling. Proposed: 239.14m2 for dwelling 1, 131.69m2 for dwelling 2, and 100.57m2 for dwelling 3. A condition is recommended requiring a minimum 1.8m high paling fence be provided to the secluded private open space area of dwelling 1 to ensure privacy.

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

Yes The modest size of the south facing secluded private open space ensures each dwelling would achieve reasonable solar access.

B30 Storage Provide adequate storage facilities for each dwelling.

Yes A storage facility measuring 6m3 is proposed to each of the dwellings.

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

Yes The design detail is considered to respect the preferred neighbourhood character of the area.





B32 Front Fences Encourage front fence design that respects the existing or preferred neighbourhood character. Note: The Schedule to the Residential 3 Zone includes a variation to this standard

Yes Maximum: 1.2m Proposed: 1.2m

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

N/A No common property is proposed.

B34 Site Services Ensure site services and facilities can be installed and easily maintained and are accessible, adequate and attractive. Avoid future management difficulties in common ownership areas.

Yes The layout of the proposal ensures that there would not be any future management difficulties in common areas. Bins can be easily stored and transported to the kerb, whilst the rear garden areas of each dwelling can be accessed for garden maintenance.



PC 4 No. 1 (Lot 5 on LP54314) Rivoli Street, Mentone – Planning Permit Application No. KP-697/2011

Executive Summary Application No KP-697/2011 Land No. 1 (Lot 5 on LP54314) Rivoli Street, Mentone Proposal Develop the Land for the Construction of Two (2)

Dwellings Permit Trigger Construct two or more dwellings on a lot Existing Site Conditions Single storey brick dwelling Applicant Lateral Building Design Zone / Overlays Residential 3 Zone and Design and Development

Overlay (DDO1) Residential Policy Area Incremental Housing Change Objections Two (2)

1.0 DESCRIPTION OF PROPOSAL 1.1 The application seeks to develop the land for the construction two (2) double storey

attached dwellings. Each dwelling incorporates a separate driveway and crossover accessed from Rivoli Street, with 83 square metres of secluded private open space for Dwelling 1 and 69 square metres of secluded private open space for Dwelling 2 to the rear of the dwellings.


RIVOLI STREETRIVOLI STREETRIVOLI STREETRIVOLI STREETRIVOLI STREETRIVOLI STREETRIVOLI STREETRIVOLI STREETRIVOLI STREET

53

3/ 49

1



2.2 The site is generally rectangular in shape with the frontage to Rivoli Street (front boundary) and rear boundary of the site being 18.29 metres wide and the east and western side boundaries are a length of 30.48 metres.

3.0 KEY PLANNING CONSIDERATIONS

3.1 The key planning considerations relate to:

(a) Strategic Policy Framework;

The site is located within an area of Incremental and Minimal housing change. This suggests that two dwellings on a lot would be the extent of the development that should occur and where it is proposed, they should be on average sized lots.

(b) Neighbourhood Character considerations

Consolidation in these areas should be subject to consideration of the existing neighbourhood character, where this site is located within Area No. 19.

(c) On-site amenity impacts;

The ability for the development to provide an adequate level of on-site amenity is to be considered, including the private open space areas, solar access to these areas and daylight to new windows.

(d) Off-site amenity impacts;

To ensure that there are no unreasonable off-site amenity impacts relating to overlooking, overshadowing and impact of buildings adjacent to existing north facing windows, among other things.

(e) Visual bulk and built form.

The visual bulk of the dwellings should be considered, in particular recession of upper level walls from lower level walls.

3.2 The subject site is identified within Area 19 of the Kingston Neighbourhood Character Study (May 2003). As part of this study, the average lot size within this area was calculated to be 347.45m2. The proposal achieves an average lot size of 273.98m2 per dwelling.

4.0 OBJECTOR CONCERNS

4.1 Two (2) objections were received to the application. A summary of the concern and response to each ground is provided below:

(a) Number of dwellings given that the area is predominantly single storey;

The proposal increases the number of dwellings on the site from one (1) single storey dwelling to two (2) double storey dwellings. While this is only an incremental change, the objection primarily relates to the in-tact nature of the area.

This concern is reiterated in policy whereby housing change does not generally occur in

incremental change areas. However, the only way that this objection could be addressed would be by way of a recommendation of refusal.



(b) Unresponsive to neighbourhood character considerations; Reference has been made to Council’s Neighbourhood Character Guidelines (2003), whereby this site is located within Area 19. Given the age of these Guidelines, there is no longer the consistency of housing type that is described in the policy document. However, with respect to the visual bulk of the development when viewed from the street the lack of separation of built form from side boundaries is of concern, given the separation of built form in the surrounding area. (c) Tree removal;

Council’s Vegetation Management Department has provided comment on the application and tree removal proposed as part of the site following site inspection and consideration of the plans. The Acer negundo (Box Elder) or the Eucalyptus nicholii (Narrow Leaf Peppermint Gum) are not worthy of retention and no significant concern with the proposal and their removal. (d) Clarification of plans, including whether side boundary fence is to be replaced and if

a new front fence is to be constructed. This has been addressed in discussion with the objector party and with clarification provided this objection is no longer of concern due to there being a notation on the plans referring to the side boundary fence. However it may be useful to address it by way of an amended plan condition, on any planning permit issued. (e) Visual bulk as a result of the dominance of the garages when viewed from Rivoli

Street. This concern has validity given that there is a double garage and a single garage fronting the street. The prominence of vehicle storage facilities within the front façade of the dwellings may be able to be addressed by a reduction in the double garage to a single garage. This will also allow for some separation between the development and the side boundaries and provide a visual buffer. (f) Amenity

Some concern was raised regarding the potential for overlooking. This can be addressed by way of an amended plan condition on any planning permit issued and is something that Planning Officers has discussed with the objector party in the hope of resolving. The outcome is considered to be satisfactory.


Kingston Planning Scheme and taking into consideration the concerns raised by objectors, the proposal, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported with appropriate conditions.



RECOMMENDATION

That Council determine to support the proposal and issue a Notice of Decision to Grant a Permit to Develop the Land for the Construction of Two (2) double storey Dwellings at No. 1 (Lot 5 on LP54314) Rivoli Street, Mentone, subject to the following conditions:

1. Before the development starts amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the advertised plans submitted to Council on 25 October 2011, but modified to show:

a) the provision of a landscape plan in accordance with the submitted development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating:





v. adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at 1 metre intervals);

vi. the provision of two (2) suitable medium sized (at maturity) canopy trees within the front setback of the property and one (1) small (at maturity) tree within the private open space area of each dwelling, with species chosen to be approved by the Responsible Authority;


viii. all trees provided at a minimum of two (2) metres in height at time of planting;

ix. medium to large shrubs to be provided at a minimum pot size of 200mm; and

x. the provision of notes on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

a. reduce the height of the front fence so that the brick piers have a maximum height of 1.6 metres and the horizontal timber infills reduced to the height of 1.4 metres with 20mm spaces (or similar) between each infill;



b. reduction in the width of the garage from 5.5 metres (double) to 4.3 metres (wide single) of Dwelling 1 to provide for 1.2 metre setback from the western side boundary of the site that is consistent with the setback of the rest of the dwelling;

c. provide for fence/gate to enclose the 1.2 metre side setback off the western boundary of the site;

d. ensure access to the garage of Dwelling 1 remains practicable and the tandem space is shown on plans;

e. provide western side setbacks to ensure compliance with Standard B17 of Clause 55.04-1 of the Kingston Planning Scheme following the reduction in the width of the garage of Dwelling 1;

f. the provision of suitable fixed (unopenable) screening, obscure glazing, highlight windows or similar to the north facing windows of both dwellings to a minimum height of 1.7 metres above the first floor finished floor level directly below, in accordance with Clause 55.04-6 (Standard B22 and Standard B23) of the Kingston Planning Scheme;

g. an elevation plan of the front fencing, which provides details of its height, materials and colours;

h. the surface material of all driveways / accessways and car parking spaces nominated in all-weather coloured concrete sealcoat, or similar;

i. the provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development;

j. the provision of a water tank clearly nominated for each dwelling;

k. the location of all externally-located heating and cooling units, exhaust fans and the like, clearly shown;

l. the driveway modified to directly align with the existing and proposed vehicle crossover while providing tandem spaces on plan;

m. a notation to state that the property boundary and footpath levels are not to be altered;

n. a notation to state that all vehicle crossings are to be constructed to the satisfaction of the relevant authority;

o. a standard on street car parking bay is to be maintained between the vehicle crossings and shown on plan;

p. the provision of a 200mm offset installed between the footpath and property boundary when carrying out reinstatements; and

q. the Storm water pit is to be modified to a Terra Firma Lid and reinstated to the satisfaction of the relevant authority.


3. Prior to the removal of the street from the site’s Rivoli Street nature strip the Developer/Owner must pay to Council a compensation, removal and replacement fee ($920.00) (including GST) for the removal of this existing tree. The removal of



this tree must be undertaken by Council, and the Developer/Owner must advise Council when this tree is required to be removed.


5. Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority.

6. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system, rainwater tanks connected for reuse and a detention system.



9. Stormwater outflow from the development to the Council drainage system should not exceed the predevelopment outflow of the site.


11. All piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority.



The development is not started within two (2) years from the date of permit issue.

The development is not completed within four (4) years from the date of permit issue.





Note: It is noted the development includes storage a fence to be built over the easement. Separate consent from Council and the relevant service authority is required to build over the easement and will need to be obtained prior to the issue of a Building Permit.



OR In the event that Council wishes to oppose the Officers recommendation to support the application, it can do so on the following grounds:

1. The proposal is inconsistent with the existing character of the area, Council’s Neighbourhood Character Guidelines and Clause 55.02-1 (neighbourhood character and infrastructure objectives);

2. The proposed dwelling density of the development is inconsistent with Clause 55.02-2 (Residential policy objectives) and the local planning policies of the Kingston Planning Scheme;

3. The boundary to boundary construction is an inconsistent design response considering the context of the surrounding area;

4. The front fence proposed is inconsistent with the height identified in the Schedule of the Residential 3 Zone and Clause 55.02-5 (integration with the street objective) and Clause 55.06-2 (front fences objective) ; and

5. The tree removal proposed is inconsistent with Clause 55.03-8 (landscaping objectives) of the Kingston Planning Scheme.



PLANNING OFFICER REPORT

APPLICANT Lateral Building Design

ADDRESS OF LAND No. 1 Rivoli Street, Mentone

Plan of Subdivision Reference Lot 5 on LP54314

PROPOSAL Develop the Land for the Construction of Two (2) Dwellings

PLANNING OFFICER Jaclyn Murdoch


ZONE R3Z

OVERLAYS DD01

OBJECTIONS Two (2)


Advertised plans received by Council on 25 October 2011


No

1.0 RELEVANT LAND HISTORY 1.1 Council records indicate that there is no relevant planning history relating to this site. 2.0 SITE PARTICULARS 2.1 The site is generally rectangular in shape with approximate dimensions as follows:

Southern (front) boundary (m) 18.29 Northern (rear) boundary (m) 18.29 Eastern (side) boundary (m) 30.48 Western (side) bouadnry (m) 30.48 Total site area (sqm) 547

2.2 The site currently contains a single storey, brick dwelling and associated outbuildings. The

existing dwelling on the land enjoys a 6 metre front setback to Rivoli Street. 2.3 The land is generally flat in topography. 2.4 There are a number of trees on the site, including Acer negundo (Box Elder) and the

Eucalyptus nicholii (Narrow Leaf Peppermint Gum). 2.5 The land is encumbered by a 1.83 metre wide easement along its northern (rear) property

boundary. There appears to be no restrictions listed on the Certificate of Title. The proposed development is not considered to result in any breach of restriction.

3.0 SURROUNDING ENVIRONS



3.1 The surrounding area generally comprises of single detached dwellings, made up of single

and double storey dwellings of a range of materials, including weatherboard, exposed brick and some more contemporary rendered brick dwellings.


North: A single storey brick dwelling is located to the north of the site. The dwelling is the second of two dwellings on the site which fronts Plummer Road (previous dual occupancy development). The abuttal is with part of the secluded private open space and part of the dwelling itself. East: To the east is an existing single storey rendered brick dwelling that is setback 8.1 metres from the Rivoli Street front boundary. South: The site to the immediate south of the subject site is on the opposite side of Rivoli Street and is a single storey brick dwelling with a front setback of 7.3 metres. West: To the west of the site is a property which faces Mundy Street to the west of the site. The dwelling is single storey rendered brick dwelling. The brick garage associated with this dwelling is setback approximately 1.5 metres from the shared boundary fence between No. 44 Mundy Street and the subject site.

4.0 PROPOSAL 4.1 It is proposed to demolish the existing dwelling and outbuildings on the land and construct

two (2) double storey attached dwellings on this site.

4.2 Dwelling 1 comprises: Two storeys with entrance porch, living room, kitchen meals and family rooms at the

lower level and four (4) bedrooms including the master bedroom and ensuite at the upper level;

Double garage; Secluded private open space to the rear and north of the site and alfresco area; The materials proposed to be used are to be a combination of face brickwork and

rendered upper levels. The roof forms are to be parapets at the lower level and hipped and pitched roof forms

with 450mm eaves at the upper levels. The overall building height of the dwelling is approximately 7.2 metres.

4.3 Dwelling 2 comprises:



Two storeys with entrance porch, living room, kitchen meals and family rooms at the lower level and four (4) bedrooms including the master bedroom and ensuite at the upper level;

Single garage; Secluded private open space to the rear and north of the site and alfresco area; The materials proposed to be used are to be a combination of face brickwork and

rendered upper levels. The roof forms are to be parapets at the lower level and hipped and pitched roof forms

with 450mm eaves at the upper levels. The overall building height of the dwelling is approximately 7.2 metres.

4.4 The proposal has an overall site coverage of 49.5%. 4.5 The total impervious site coverage of 58.2% leaving a site permeability of 41.8%. 5.0 PLANNING PERMIT PROVISIONS

Zone 5.1 Residential 3 Zone: Pursuant to 32.06-4 of the Kingston Planning Scheme, a planning

permit is required to construct two (2) or more dwellings on a lot. A development must meet the requirements of Clause 55 of the Scheme. The Schedule to the Residential 3 Zone includes a variation to a number of standards within Clause 55.

Overlay

5.2 Design and Development Overlay – Schedule 1 (DDO1). Pursuant to Clause 43.02-2 of the Kingston Planning Scheme a planning permit is technically required for buildings and works due to the works exceeding 6.0 metres in height. However the intention of this overlay is for single storey dwellings to be lower than 6 metres in height and two storeys is conceived and considered appropriate.

Particular Provisions

5.3 Clause 55 - Two or More Dwellings on a Lot & Residential Buildings – (Refer to Appendix A for the Planning Officer’s full assessment against this report).

General Provisions

5.4 The Decision Guidelines of Clause 65 of the Kingston Planning Scheme are relevant to this application and require consideration to be given to a variety of matters including planning scheme policies, the purpose of the zone, orderly planning and the impact on amenity.


Clause 11 Settlement Clause 15 Built Environment and Heritage Clause 16 Housing




Clause 21.05 Residential Land Use Clause 22.11 Residential Development Policy

6.3 Other



22.11 – Residential Development Policy). The Design Contextual Housing Guidelines offer a range of design techniques and suggestions to assist with residential design, which is responsive to local character.


and occupiers and by maintaining a notice on site for fourteen (14) days. Two (2) objections to the proposal were received. The grounds of objection raised are summarised as follows:

Loss of privacy; Neighbourhood character; Two dwellings being inconsistent with the predominantly single detached

dwelling character; Tree removal; Visual bulk due to prominence of the garages; Seeking clarification on plans; Amenity.

8.0 PRELIMINARY CONFERENCE 8.1 Planning Officers consulted with each of the objector parties regarding the concerns raised

in objections. The process of organising a Preliminary Conference, who would be invited to attend, and the purpose of the meeting was explained to each of the objector parties.

8.2 One of the objector parties (the owner of No. 3 Rivoli Street) explained that their objection

to the application primarily related to the construction of the side boundary fence and whether there would be overlooking. Once these issues were clarified the objector stated that he would not like to attend a Preliminary Conference as the concerns raised had been clarified.

8.3 The second objector party (the owner of No. 44 Mundy Street) explained that all of their

concerns related to the proposal being for a second dwelling on the site and that she did not want to attend a Preliminary Conference as it would be unlikely that that particular concern could be mediated.

8.4 Given that both of the objector parties did not want to attend a Preliminary Conference, a

meeting was not scheduled and both objector parties were advised that their concerns



would be considered as part of the assessment of the application. Third party appeal rights were also explained, should Council recommend support for the application.


Council’s Development Engineer – raised no objection to the application, subject to conditions included on any permit issued relating to drainage, vehicle access and car parking.

Council’s Street Tree Department – raised no objection to the removal of the street tree

for access, subject to the removal, replacement and compensation to be worn by the owner/applicant. This will be a condition of any planning permit issued.

Council’s Vegetation Management Officer provided comment on the application and

tree removal proposed as part of the site following site inspection and consideration of the plans. The Acer negundo (Box Elder) or the Eucalyptus nicholii (Narrow Leaf Peppermint Gum) are not worthy of retention and no significant concern with the proposal and their removal.

Conditions requiring a Landscape Plan to be submitted were provided in response to the referral and these will be placed on any planning permit issued.

10.0 PLANNING CONSIDERATIONS:










10.4 Clause 15 (Built Environment and Heritage) aims to ensure all new land use and

development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.

10.5 Clause 15.03-2 (Aboriginal Cultural Heritage) seeks to ensure the protection and

conservation of places of Aboriginal cultural heritage significance. 10.6 The Subject Land is not identified in an area of Aboriginal Cultural Heritage Sensitivity. 10.7 Housing objectives are further advanced at Clause 16. This Clause aims to encourage






10.10 It is submitted that the proposed development satisfies the aforementioned State strategies

and policy direction. Specifically, the subject site is located on land earmarked for residential purposes, whereby residential development is an ‘as of right’ use under the zoning provisions. Subject to appropriate conditions on any permit issued, the development itself achieves an acceptable design outcome for the site and its immediate abuttals, whilst enjoying convenient and direct access to community facilities and the like, including public transport nodes.




10.11 The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston Planning Scheme, seeks to provide guidance to development in residential zoned land, mixed use zoned lands and land within activity centres. The Residential Land Use Framework Plan illustrates the range of housing outcomes sought across the City of Kingston.


To provide a range of housing types across the municipality to increase housing diversity and cater for the changing housing needs of current and future populations, taking account of the capacity of local areas in Kingston to accommodate different types and rates of housing change.

To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality.

To promote more environmentally sustainable forms of residential development. To be achieved through promoting medium density housing development in close proximity to public transport facilities, particularly train stations.

To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses.

To ensure residential development does not exceed known physical infrastructure capacities.

10.13 This is to be achieved through encouraging residential development within activity centres

via mixed-use development, and on transitional sites at the periphery of activity centres and promoting new residential development, which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood.

10.14 Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning


10.15 The site is identified as being located within an ‘Incremental Housing Change Area’ which is

described as: 10.16 The type of housing change anticipated in these areas will take the form of extensions to

existing houses, new single dwellings or the equivalent of new two dwelling developments on average sized lots. The existing single dwelling character of these areas is to be retained.

10.17 The proposal introduces a second dwelling on a lot currently occupied by a single storey

brick dwelling. It is considered that an increase in the number of dwellings on this lot is ‘incremental’ housing change, albeit at a dwelling density that is higher than a single dwelling on a lot of this size.

10.18 The dwellings proposed are two storey dwellings duplex style dwellings, attached at both

the upper and lower level. This type of development is conceived within the local policies relating to residential development and this will detailed further later in this report, however it is considered that the generally the proposal has been designed to be site responsive and considerate of interfaces with the immediate residential properties and the street.



10.19 Clause 22.11 Residential Development Policy extends upon the provision contained at Clause 21.05 (Residential Land Use), relating to increased housing diversity areas, incremental housing change areas, minimal housing change areas, residential renewal areas and neighbourhood character. It provides design guidance on how new residential development should achieve architectural and urban design outcomes that positively respond to neighbourhood character.



To encourage new residential development to achieve architectural and urban design outcomes that positively respond to neighbourhood character having particular regard to that identified in the Kingston Neighbourhood Character Guidelines – August 2007.

To promote on-site car parking which is adequate to meet the anticipated needs of future residents.


To limit the amount and impact of increased stormwater runoff on local drainage systems. To ensure that the siting and design of new residential development takes account of

interfaces with sensitive and strategic land uses. 10.21 The following is an assessment against the relevant policy statements contained at Clause

22.11 of the Kingston Planning Scheme:

Neighbourhood character The application proposes the construction of two dwellings in a duplex style arrangement, each with separate access and car storage. The boundary to boundary construction is of concern to Planning Officers considering the need to ensure new development reinforces the rhythm of the existing single dwelling character of the streetscape. Subsequently conditions of any planning permit issued will reduce the garage of Dwelling 1 from double width to single width and provide for a landscape buffer to the western boundary in the form of a two (2) metre side setback.

Site landscaping There are two trees being removed from the site, however comments from Council’s Vegetation Management Officer suggested that this is supported by Planning Officers due to the retention value. Further to this, any planning permit issued will require a landscape plan to be submitted and approved by Council. This will ensure that the landscaping outcome of the site responds to the street. This includes some semi-mature planting in addition to smaller vegetation.

Built form, siting and scale of development Both dwellings are two storeys; however the majority of the upper levels are located to the front and centre of the site. Where there are other examples of double storey development within the surrounding area, these are generally well articulated. The proposed development provides upper level recession that avoids a ‘box like’ development and



creates visual interest. Further to this, the front facades of the dwellings are staggered to ensure that each of the dwellings has a sense of address.

Car parking and vehicle access The car parking for each of the dwellings has been provided on-site, with sufficient space in front of the garages for tandem spaces to also be provided. Amended plan conditions of any planning permit issued will require the reduction in the width of the garage of Dwelling 1 from double, to single. This will still satisfy the requirements of the Kingston Planning Scheme.




Kingston Planning Scheme (refer to Appendix A). Overall, it is noted that the application achieves a high level of compliance with the ResCode provisions, with only minor variations sought and many of the non-compliances or variations are to be addressed with conditions of any planning permit issued.

11.2 The following are those that are being varied or require conditions to achieve compliance

and are discussed in Appendix A to this report: Street setback objective Parking location objective Parking provision objective Side and rear setbacks objectives Overlooking objectives Internal views objectives

11.3 Those objectives and standards that require further discussion are as follows:

Neighbourhood character objectives Residential policy objectives Integration with the street objectives



Clause 55.02-1 – Neighbourhood Character & Infrastructure Standard B1 – Neighbourhood Character





11.6 The subject site is located within a predominately residential area where modulated building

footprints, detached dwellings, varied roof forms and windows, varied front boundary and garden and porches are the identified typical characteristics identified within Area 19 Neighbourhood Character Guidelines are prevalent.

11.7 The proposal will be sited similarly to a single detached dwelling, with a two (2) metre

setback from the western side boundary of the site. An inspection of the site and surrounding area found that while there was a variety of housing styles and types to the east of Mundy Street, there were limited examples of development which was constructed to both side boundaries. This being in the minority, it is considered appropriate that the above condition be applied to any planning permit issued to ensure that adequate consideration has been given to the existing character of the area and the relevant sections of the characteristics described within the Guidelines.

11.8 There is some flexibility relating to the front boundary treatment, given that there are a

number of examples of high and solid front fences in the street and surrounding area. The application proposes the construction of a two (2) metre high fence. The Guidelines describe the area as varied in the response to this characteristic and this may assist in justifying this area of non compliance.

11.9 Porches have been provided for each of the dwellings and the roof form is consistent with

the characteristics described in the Guidelines, with hipped and pitched tiled roof at the upper level.

11.10 The orientation of the site lends itself well to duplex style development, given that the

secluded private open space and living areas at the ground floor level are oriented to the north. This assists in justifying the built form more fully.

11.11 It is considered that the proposal is generally consistent with the existing neighbourhood

character as described within the Guidelines, and while it is introducing a housing type which is not the predominant style present in the area it is considered the most efficient use of the site and can be justified on this basis.

Clause 55.02-2 - Standard B2 – Residential Policy

11.12 The Residential policy objective seeks to ensure that any proposed development accords

with the relevant State and Local Planning Policy Framework. An assessment against Kingston’s MSS and Residential Development Policy has been provided at section 11.2 of this Report, with the proposal found to be satisfactory.

11.13 Further to the assessment at section 11.2, as the Site is located within a Residential 3 Zone, Clause 22.11 seeks to manage development pressures by instituting a requirement to achieve averaged lot sizes within Incremental Housing Change Areas.



11.14 To achieve this, Council’s Strategic Planning Department undertook a study across the municipality in 2003 (Kingston Neighbourhood Character Study) to identify any emerging patterns with regard to average lot sizes. As such, six (6) areas were identified within the municipality, each having their own ‘average lot size’ calculation.

11.15 The subject site is identified within Area 4 of this study. The average lot size within this

area has been calculated to be 347.45m2, which results in a suggested development density of 1 dwelling per 694.9m2. As the site has an overall site area of 547m2 the development density would be calculated at 1 dwelling per 273.5m2. Although the proposal does not meet this strategy, it is considered that the development proposes an appropriate number of dwellings on this site as demonstrated by its general compliance with ResCode and the Schedule to the Residential 3 Zone requirements. Further, the proposal is deemed appropriate as there are other examples of developments of newer two or more dwellings in the surrounding area, some creating allotments that are of a similar size to the outcome of this proposal.



Clause 55.02-5 - Standard B5 – Integration with the street objective Clause 55.06-2 – Standard B32 – Front fences objective

11.17 The front fence proposed has a maximum height of 2 metres to the top of the brick piers. There are horizontal timber infills between the brick piers that are proposed to have a maximum height of 1.8 metres.

11.18 Rivoli Street has three (3) properties fronting it on either side of the street. The immediately

abutting properties have fences that appear to be consistent in height to what is proposed. To the west is the side boundary fence of the property facing Mundy Street at No. 44 and to the east is a single dwelling fronting Rivoli at No. 3. With the exception of other side boundary fences of sites fronting other streets, the other front fences in the area are lower and more open than what is proposed in this application. There are also newer housing developments that incorporate low or open front fences with brick piers.

11.19 Considering this, it is appropriate to apply an amended plan conditions relating to the height

of the front fence to lower the brick piers to 1.6 metres and lower the height of the horizontal timber infills to 1.4 metres. The horizontal timber infills should also provide spacing between each.

12.0 RESPONSE TO GROUNDS OF OBJECTIONS 12.1 The objector concerns have largely been addressed in the attached Appendix A and, where

necessary, further elaborated on in the assessment above. 12.2 The following objector concerns, however, remain outstanding:

Two dwellings being inconsistent with the predominantly single detached dwelling character.



12.3 In response to this concern Planning Officers considered the context of the surrounding area, particularly with the dwellings to the west of the site. These are located within ‘Minimal Housing Change Areas’ where only one dwelling is considered to be appropriate in the context of the area given the potential existence of single dwelling covenants (not confirmed) and Special Character Areas.

12.4 Further east of the subject site there have been intrusions into the predominantly detached

dwelling character, with many examples of multi-dwelling development, both older and more recent examples.

12.5 While a valid objection, the site is located within an ‘Incremental Housing Change’ area

which conceives well design two dwelling developments which respond appropriately to the Neighbourhood Character Guidelines (2003). Planning Officers have assessed the application and consider the proposal presents an appropriate design response in the context of the site and surrounding area and that the application can be supported with conditions.

13.0 CONCLUSION: 13.1 The proposed development is considered appropriate for the Site, subject to conditions, as

evidenced by:

The compatibility of the design and siting with the surrounding area; The mitigation of off-site amenity impacts; and A suitable level of compliance with all relevant policies, including Clause 55 of the

Kingston Planning Scheme



APPENDIX A – RESCODE ASSESSMENT – CLAUSE 55 Standard of the Kingston Planning Scheme Two or more dwellings on a lot and residential buildings (Clause 55 and Schedule to the Residential 3 Zone)

Title and Objective Complies

with Standard?



Yes – conditions required

See section 11 of the report.


Yes See section 11 of the Report.


NA The development is for two dwellings.


Yes It is recommended that suitable condition(s) be included in any permit issued to address infrastructure considerations.



See section 11 of the report.


Yes - Variation required

Required: 8.1metres Proposed: 5.9 to 7.4 metres The front setback proposed varies, as the dwellings have been provided with variation and staggering to improve the appearance of the dwellings from the street. Meeting the required setback (above) is not considered necessary in this instance given the context of the setbacks in the street and the siting of the garage to the west. The average of the 3.3 metre setback of the garage to the west and the No. 3 Rivoli Street is 5.7 metres which has been provided. Therefore Planning Officers are satisfied that the intent of the objective has been met.

B7 Building Height Building height should respect the existing or





with Standard?


preferred neighbourhood character.

B8 Site Coverage Site coverage should respect the existing or preferred neighbourhood character and respond to the features of the site. Note: The Schedule to the Residential 3 Zone includes a variation to this standard

Yes Maximum: 50% Proposed: 49.5%


Yes At least: 20% Proposed: 41.8%


Yes The development proposed has a good orientation which ensures the living areas, secluded private open space and many windows are oriented to the north.


NA The proposed development is for two dwellings.


Yes The development provides for two properties fronting the street, each with identifiable entrance porch.

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

character of the neighbourhood.



Yes The development proposes the removal of a number of trees from the site. Comments were sought from Council’s Vegetation Department and it was recommended that these be removed as they did not have a useful life expectancy and were not worthy of retention. It is recommended that a landscape plan be required by way of a condition of any permit issued.


Yes The frontage is 18.29 metres wide. It is proposed for each dwelling to have a separate driveway and crossover. The proposed accessways will occupy 33% of the total frontage of the site which is permitted under the standard.

B15 Parking Location Provide resident and visitor vehicles with convenient parking.


The development proposes a single car garage with tandem space for Dwelling 2 and a double car garage for Dwelling 1.




with Standard?


Avoid parking and traffic difficulties in the development and the neighbourhood. Protect residents from vehicular noise within developments.

Based on concerns relating to neighbourhood character, it was considered appropriate to reduce the garage of Dwelling 1 to single width with a tandem space. The location of car parking is considered appropriate.



Required: one (1) covered and one (1) uncovered for each dwelling Proposed: single car garage and tandem space for Dwelling 2 and double car garage for Dwelling 1. The car parking proposed presents some concern relating to the presentation to the street and the setbacks of the building from side boundaries. To resolve this concern, it is considered appropriate to reduce the garage for Dwelling 1 to a single car garage. This will be done by way of an amended plan condition on any planning permit issued and will still satisfy the requirements of the Standard.



The smallest setback at the ground floor level from both the east and west side boundaries. This setback is 1 metre. At this point the height of the wall is 3.4 metres. A wall up to 3.6 metres in height can have a setback of 1 metre. The smallest setback at the upper level is for Dwelling 2 which is setback 1.8 metres from the eastern side boundary. The wall is 5.4 metres high at this point. For a wall height of 5.4 metres, the required setback would be 1.54 metres. At both levels all side and rear setbacks meet the requirements of the standard. There are some changes being required at the lower level regarding Dwelling 1. Compliance with Standard B17 will be required as a condition of any planning permit issued.




with Standard?



Yes The dwellings propose to have the garages constructed to the boundary. On each side boundary, each dwelling abuts has a wall abutting the boundary for a length of 6 metres. The average height of this wall is less than 3 metres.


Yes The dwelling to the east of the site (3 Rivoli) has a habitable room window opposite a wall of Dwelling 2. The excluding the eaves of the existing dwelling and the eaves of the upper level of Dwelling 2, there is a minimum dimension of 1 metre, with 3 square metres clear to the sky. There are no other habitable room windows on adjoining lots that are within close proximity to the proposed development.


Yes Due to the orientation of the site, there are no north-facing windows within close proximity of the site.


Yes Due to the orientation of the site, there will be little overshadowing impact on the secluded private open space of the adjoining properties.



There are a number of windows in the northern elevation and the western elevations where obscure glazing has not been proposed. Those windows that are within 9 metres of the secluded private open space of dwellings to the west and north of the site will be required to be screened or obscured to a height of 1.7 metres to comply with Standard B22. Further to this, the east facing corner window of the Master Bedroom of Dwelling 2 will be required to be screened in response to an objection submitted to Council.



The northern elevation has a number of windows that have the potential to overlook the secluded private open space of the other dwelling.




with Standard?



Yes The noise impact as a result of the development is unlikely to substantially impact upon the surrounding area.


Yes The entrances for both dwellings are at ground floor level and the living areas, including a separate Living Room at the front of the house is located at grade.


Yes The proposal has provided each of the dwellings with an entrance to the street and separate vehicular access. Further to this, each dwelling has been provided with a porch and the buildings have been staggered to ensure they ‘read’ separately.


Yes All new windows in the proposed development have fulfilled the required daylight provisions.

B28 Private Open Space Provide reasonable recreation and service needs of residents by adequate private open space. Note: The Schedule to the Residential 3 Zone includes a variation to this standard

Variation required.

Required: An area of 40m2, with one part of the POS to consist of secluded POS at the side or rear of the dwelling or residential building with a minimum area of 40m2, a minimum dimension of 5m and convenient access from a living room. If a dwelling has more than 2 bedrooms an additional ground level POS area of 20m2 with a minimum width of 3m is required to be provided for each additional bedroom, with a maximum of 80m2 of POS required for the dwelling. Dwelling 1 is four (4) bedrooms and has provided 93 square metres in total with the required secluded private open space provided. Dwelling 2 is three (3) bedrooms with an enclosable Living Room at the lower level which could be used as a bedroom. In total the private open space provided is 79 square metres, with the secluded private open space requirements being met.




with Standard?



Yes The northern boundary of the secluded private open space is the rear boundary fence. This is 1.9 metres in height and is proposed to have an additional 0.6 metre lattice at the top, creating a 2.5 metre high wall. This would require a 4.25 metre setback, which has been provided (with 7.4 metres having been provided).


Yes 6m3 external storage shed provided for each dwelling.


Yes – conditions required.

The proposed development is contemporary in design, with parapets at the lower level and a pitched and hipped roof form provided at the lower level and the upper level incorporates 450mm eaves. The materials proposed including brickwork at the lower level, rendered finish at the upper level and feature stone cladding for the lower level of the front façade. The roof is to be concrete tiles and have a pitch of 23 degrees. A colours and materials schedule will be required as a condition of any planning permit issued. Following other amended plan condition requirements, one of the dwellings will be set off the side boundary, providing a visual break when viewed from the street. This will also assist in addressing concerns relating to the design response.



Maximum: 1.2m Proposed: 2 metres See section 11 of the report.


Yes There are no common property concerns as part of this application.




with Standard?



Yes Mailboxes and bin storage has been shown on the plans.



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PC 5 No. 101-103 Mentone Parade, Mentone – Planning Permit Application No. KP927/10

Executive Summary Application No KP927/10 Land No. 101-103 Mentone Parade, Mentone Proposal Sixteen (16) dwellings and a shop, reduction of

carparking and loading bay requirements Permit Trigger Use the land for dwellings and buildings and works

to construct dwellings and a shop Existing Site Conditions Double storey shops Applicant ADG Pty Ltd Zone / Overlays Business 1 Zone, Design and Development Overlay

(DDO18) Residential Policy Area Not applicable Objections 2 Planner Tanya Sokolowski

1.0 APPLICATION HISTORY 1.1 The application was presented to the Council meeting on 19 December 2011 Council

meeting, where it was directed that the proposal be re-advertised to correctly reference the proposed five (5) storey building height. On 23 December 2011, the applicant lodged an Application for Review with the Victorian Civil and Administrative Tribunal (VCAT) for failure to determine the proposal within the prescribed statutory time under Section 79 of the Planning and Environment Act 1987. Council therefore, is unable to re-advertise the application. VCAT have been advised that the proposal was incorrectly advertised referencing a four (4) storey building height instead of a five (5) storey height, and provided a list of affected properties should the Tribunal determine that re-notification is required.

1.2 This report is therefore to ascertain the position that Council will take at the forthcoming

VCAT hearing. A date for the hearing has not yet been set.

2.0 DESCRIPTION OF PROPOSAL 2.1 The application seeks to develop the land for the construction of sixteen (16) dwellings

and a shop within a five storey building with a basement car park. It is proposed that the newly constructed shop at ground floor would contain the green grocer which currently occupies part of the site. Each dwelling is provided with a minimum of one balcony as private open space. Within the basement sixteen (16) car spaces are proposed – one for each dwelling and at ground level two (2) car spaces are proposed for the ground floor shop.




2

3.2 The subject site is located on the west side of Mentone Parade, with a frontage

width of 15.09 metres, total site depth on the southern boundary of 56.46 metres and overall area of 668 square metres. The site contains a double storey building and single storey outbuildings to the rear. Two commercial tenancies are located within the building. Vehicle access to the site is currently from Old Bakery Lane. No easements encumber the site.

3.3 The subject site is located within Mentone Activity Centre, where development is typical of commercial centres with shops and other retail premises generally contained within a mix of single and double storey buildings. To the rear of the site is Old Bakery Lane and a Council owned public car park. Abutting the site to the south at No. 97-99 Mentone Parade are single storey shops, and likewise abutting the site to the north at No. 105 Mentone Parade. Opposite the site on the east side of Mentone Parade is Kilbreda College which is a large site with boundaries on Mentone Parade, Florence Street, Como Parade West and Commercial Road. The site is comprised of single, double and three storey buildings.

4.0 KEY PLANNING CONSIDERATIONS 4.1 The key planning considerations relate to:

(a) Height and Scale to Mentone Parade and Old Bakery Lane; The Design and Development Overlay Schedule 18; and the Mentone Structure Plan

The built form entails two heights – with a three storey height presenting to Mentone Parade, and a five storey height presenting to the rear of the site to Old Bakery Lane. The proposed heights are compliant with Schedule 18 of the Design



3

Development Overlay (DDO18) which is the relevant design guideline applicable to the subject site. The three storey visible built form to Mentone Parade is consistent with the three storey height of a Kilbreda College building opposite the site, which has sheer walls up to its property boundary. A condition is recommended to enclose the first floor balconies oriented to Mentone Parade to provide a strong two storey street edge as recommended within DDO18. A high degree of articulation is proposed to the sides of the building as well as each respective street frontage, breaking up any visual perception of bulk. It is noted that the proposal does not comply with the height requirements of the Mentone Structure Plan, which seeks a maximum 3-4 storey building on this site. When considering the weight to be attributed to The Structure Plan in balancing the various and sometimes competing objectives found within the Kingston Planning Scheme, VCAT has accepted that documents such as the Structure plan (where they have been adopted by Council) are ‘seriously entertained documents’, and thereby are afforded some weight in the consideration of any relevant proposal. This is tempered, however, where there is current policy which outlines similar requirements for any given site. In this case, given the existence of the Design and Development Overlay, and the relevant height and design requirements, the weight afforded to the Structure Plan is limited, and the most relevant document for consideration is the DDO18. Irrespective of the above, the proposal is not ignorant of the requirements of the Structure Plan, achieving compliance with the other relevant considerations:

o Consistent 2 storey street edge to commercial street frontages and the maintenance of the existing fine grain shopfronts;

o Further activate ground floor shopfronts with shop top housing or office uses in upper levels;

o Facilitate site consolidation as a means of ensuring: - Desired built form outcomes can be achieved on what are often narrow

allotments; - Objectives to activate rear laneways; - Sufficient space can be provided for basement car parking.

o Encourage generous balcony spaces, articulation and lightweight materials to reduce building bulk and ensure surveillance.

Further, the proposed upper level is setback from the Mentone Parade interface to ensure that this element of the design is recessive and inconspicuous within the streetscape. The proposal is therefore generally consistent with the objectives of the Mentone Structure Plan, and deviates only in relation to height, which remains compliant with the most relevant planning guidelines, the Design and Development Overlay Schedule 18.

(b) Car parking



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The proposal will provide one car space for each dwelling and two car spaces for the shop use. The proposal generates a requirement for thirty two (32) resident car spaces and thirty three (33) spaces for the shop under the requirements of Clause 52.06. The provision of car parking is considered to be satisfactory, with the overall number of dwellings on the site relatively moderate for an apartment style building, and each containing only two bedrooms. Proximity to public transport and public car parking are deemed a suitable justification for not providing visitor car parking or the full requirement for the shop. It is noted that the existing green grocer does not provide parking on the site for customers. Two car parking spaces for employees are deemed satisfactory and commensurate with what would currently be available.

(c) On-site amenity

A number of dwellings will rely on balconies being provided up to side boundaries, with balconies of upper floors constructed over. Bedroom windows will also be reliant on light wells. An assessment has been made to consider the adequacy of daylight that will be achieved to dwellings, with some conditions recommended to include clerestory windows to provide northern sunlight to some dwellings. Overall, subject to conditions, the proposal is considered to satisfactory with regard to internal amenity.

4.2 The subject site is identified within Area 4 of the Kingston Neighbourhood

Character Study (May 2003). However, the average lot size within this area has not been calculated as the subject site is located within a Business Zone where residential densities are not relevant.

5.0 OBJECTOR CONCERNS 5.1 Two (2) objections were received on the day that the application was originally

due to be considered at the 19 December 2011 Council meeting. The main grounds of objection related to the proposed overall height of the building, overshadowing of the Council owned car park to the rear of the site, potential traffic impacts, potential wind tunnel impacts and neighbourhood character.

6.0 CONCLUSION 6.1 Based on a thorough assessment of the application against the relevant

provisions of the Kingston Planning Scheme and taking into consideration the concerns raised by objectors, the proposal, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported.



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RECOMMENDATION

That Council determine to notify VCAT that had it been in a position to determine the application, it would have supported the proposal to develop the land for the construction of sixteen (16) dwellings and a shop with a reduction in the car parking requirement of Clause 52.06 and reduction of the loading requirements of Clause 52.07 of the Kingston Planning Scheme, subject to the following conditions:

1. Before the development starts amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 5 October 2011, but modified to show:

a) the provision of a notation on the plans stating: “Footpath along Mentone Parade and carriageway at the rear of the property must be reinstated to Council’s standard and satisfaction. Contact Road and Drains Department for reinstatement treatment details”;

b) the basement ramp longitudinal section with grades and apex at a minimum of 16.9 to Australian Height Datum, or alternative engineering solution, as otherwise agreed in writing by the Responsible Authority;

c) the provision of rainwater tank/s with a capacity relative to the size of the roofs nominated for water re-use for toilet flushing;

d) the surface material of all driveways / accessways and car parking spaces nominated, with a variation in materials between the two driveways;

e) the provision of permeable paving to the pedestrian path extending from the rear of the building to the rear (west) boundary;

f) a portico or alternative treatment at the rear (west) boundary to the pedestrian path, providing a more prominent and visible pedestrian entry at the property boundary;

g) the easternmost ground floor car space increased in length to 5.4 metres;

h) plans to nominate the fencing treatment on the southern boundary to the rear of the building;



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i) the provision of a roller shutter grille and intercom secure entry at the car park entry;

j) treatment to the roller shutter to the shop to provide visual interest, this may be in the form of painted artwork or materials or as otherwise agreed in writing by the Responsible Authority;

k) full details regarding the type of car stacker system/s to be clearly specified on the basement floor plans, with access to be provided for the 85th percentile design vehicle as defined in AS2890.11-2004;

l) car space No. 4 increased to 2.9 metres width and car space No. 12 decreased to 2.9 metres width;

m) a reduction of the mechanical plant room, with bollards to its sides to clearly delineate and maintain pedestrian access to its entry;

n) the locations of convex mirrors at the start and end of the basement ramp to enable clear sightlines of pedestrians and other vehicles in accordance with AS 2890.1:2004 Figure 3.3 Minimum Sight Lines For Pedestrian Safety;

o) dimensions of storage areas and allocations to each dwelling;

p) the first floor balconies of dwelling’s 1 and 8 either enclosed with operable windows or provided with screening treatments to provide a hard street edge to Mentone Parade;

q) dwelling’s 9 and 10 each provided with clerestory windows;

r) the light court to the master bedroom of dwelling 4 provided with a minimum dimension of 1 metre;

s) the balcony of dwelling 9 increased to a minimum of 8 square metres, with the 900mm setback from the north boundary retained;

t) the provision of a full colour, finishes and building materials schedule, including samples, for all external elevations and driveways of the development with light colour tones where appropriate to be predominantly selected for the external facades of the building to increase heat reflection from those surfaces most exposed to heat loads, and where possible, the selection of applied finishes to the building’s façade to be of heat resistant properties;

u) the location of any external heating/cooling units, plant equipment, lift overruns and clothes drying facilities clearly shown, with these suitably screened and where located on balcony areas must have minimal interruptions to the useability of that area;

v) relocate mailboxes within the residential lobby;

w) security cameras within the pedestrian walkway and a secure intercom entry to the residential lobby;

x) the pedestrian entry from Mentone Parade reduced in width to be no greater than 2 metres, with the shop front façade increased accordingly;

y) the conversion of the second bedroom in Dwelling 9 into a terrace with the deletion of the current balcony for this dwelling;



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z) the conversion of the meals area of Dwelling 10 into a terrace, with the deletion of the current balcony for this dwelling;

aa) dwelling 13 reduced in size to ensure that no built form protrudes great than 0.5 metres into the space occupied by a terrace or balcony below, and reconfigured (if necessary) to orientate the main living areas and balcony towards Old Bakery Lane. The balcony to achieve a minimum of 8 square metres;

bb) dwelling 15 reduced in size to ensure that no built form protrudes great than 0.5 metres into the space occupied by a terrace or balcony below, and reconfigured (if necessary) to orientate the main living areas and balcony towards Old Bakery Lane. The balcony to achieve a minimum of 8 square metres; and

cc) measures identified within the ESD Report prepared by Efficient Energy Choices dated 28 February 2011.

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

3. Prior to the endorsement of Plans pursuant to Condition 1 of this Permit, a Waste Management Plan (WMP) to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. Three copies of the plan must be submitted. The plan must include but is not limited to:

a. The supply of bins for both ‘general waste’ and ‘recyclable waste’ and demonstrating how the garbage and recycling aspects of the development will operate, including minimisation of bin numbers where possible to increase collection efficiency;

b. The manner in which waste will be stored and collected including: type, size and number of containers and procedure(s) put in place as to how tenants/occupiers are required to dispose of waste;

c. Spatial provision for on-site storage;

d. Private contractor details; and

e. The size of the collection vehicle and the frequency, time and point of collection, with waste collection to occur with minimal interference to pedestrian amenity.

The waste management plan must be implemented to the satisfaction of the Responsible Authority. The waste management plan must not be modified unless without the written consent of the Responsible Authority.

4. Before the commencement of any buildings and works on the Land, a Construction Management Plan (CMP), to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval and will then form part of the permit and shall thereafter be complied with. The CMP must specify and deal with, but not limited to, the following:

a. a detailed schedule of works which includes full project timing including right of way works and any footpath works;



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b. full details of any proposed construction hoarding locations, temporary footpath closures, proposed public safety signage and any proposed crane location positions external to the subject land;

c. a full traffic management plan which is approved by VicRoads and details all proposed local or main road partial or full closures, locations as to how concrete pours will be managed including vehicle storage locations and all required temporary signage and suggested locations;

d. all proposed locations for how materials will be stored on and if permitted off site including site sheds and facilities;

e. the location for the parking of all construction vehicles and construction worker vehicles during construction;

f. full details as to the location and means in which loading/unloading of materials will occur;

g. the means in which construction waste / waste materials will be managed both on and from the site;

h. the means in which dust will be suppressed during construction i. business operations on the site during construction; j. site security; and k. construction times, noise and vibration controls.

5. An apex (ie. hump) to a minimum level of 16.9 AHD must be provided to fully protect the proposed entrance to the basement car park from overland flows or implement an alternative engineering solution of major flooding, approved by the Council. This apex is to continue through any driveways or pathways that may cross it. The apex is to be a permanent structure (eg. Hump in concrete driveway/pathway, sleeper retaining wall, solid brick fence/wall). Low mounded soli on its own is unlikely to be acceptable due to the likelihood of future disturbance.

6. The footpath along Mentone Parade and carriageway located at the rear of the property must be reinstated to Council’s standard and satisfaction.

7. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council’s Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the sue of an infiltration or bioretention system, rainwater tanks connect for reuse and a detention system.

8. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).


10. The footpath, carriageway and property boundary levels are not to be altered.



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11. The obscure glazing to balconies shown on the endorsed plans must be through frosted glass or similarly treated glass, and thereafter maintained to the satisfaction of the Responsible Authority. Adhesive film or the like that can be removed must not be used.

12. All fixed external screening to prevent overlooking marked on the endorsed plans shall be maintained by the owner of the land to the satisfaction of the Responsible Authority.


14. Prior to the occupation of the dwellings hereby permitted, areas set aside for parking vehicles, access lanes and paths as shown on the endorsed plans must be:

a. Constructed to the satisfaction of the Responsible Authority.





15. Any changes to external boundary fencing required for under this development shall be constructed at the cost of the owner of No. 101-103 Mentone Parade, Mentone to the satisfaction of the Responsible Authority.



18. Service units, including air conditioning/heating units, must not be located where they will be visible from any public area.

19. Any changes to external boundary fencing required for under this development shall be constructed at the cost of the owner of No. 101-103 Mentone Parade, Mentone to the satisfaction of the Responsible Authority.

20. The development must be provided with lighting capable of illuminating access to each car parking space, bicycle parking space, store, rubbish bin, recycling bin, pedestrian walkways, stairwells, lift, dwelling entrances and entry foyer. Lighting must be located, directed, shielded and of limited intensity so that no nuisance or loss of amenity is caused to any person within and beyond the site, to the satisfaction of the Responsible Authority.




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The development is not started within two (2) years from the date of permit issue. The development is not completed within four (4) years from the date of permit

issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards.



Note: Except where no permit is required under the provisions of the Planning Scheme, no sign, flashing or intermittent lights, bunting or advertising device may be erected or displayed on the land without the permission of the Responsible Authority.

Prior to the erection of any advertising signs on the land, consultation should be made with officers of the Town Planning Department to determine the relevant Planning Scheme Controls.

OR In the event that Council wishes to oppose the application, it can do so using the following grounds:

1. The inadequate provision of car parking fails to meet the objectives of Clause 52.06 and the objective and strategies of Clause 18.02-5 of the Kingston Planning Scheme, which will adversely affect the amenity of the locality.

2. The proposal fails to provide an acceptable level of internal amenity, through the lack of daylight to balconies and habitable rooms.

3. The proposal fails to take into account future development on adjoining lots and therefore prejudices any future development on these sites.



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APPLICANT ADG Pty Ltd

ADDRESS OF LAND 101-103 Mentone Parade, Mentone

Plan of Subdivision Reference Lot 1 on TP 760499F

PROPOSAL Use and develop the land for the construction of sixteen (16) dwellings and a shop, with a reduction of the car parking requirements of Clause 52.06 and loading requirements of Clause 52.07 of the Kingston Planning Scheme

PLANNING OFFICER Tanya Sokolowski

REFERENCE NO. KP927/10

ZONE Clause 34.01: Business 1 Zone

OVERLAYS Clause 43.02: Schedule 18 of the Design Development Overlay

OBJECTIONS Two (2)


5 October 2011


No

1.0 KEY ISSUES 1.1 The key planning issues arising from this proposal relate to:



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Traffic considerations Neighbourhood character Amenity impact (internal and external) Energy efficiency

2.0 PROPOSAL (AS AMENDED) 2.1 It is proposed to demolish the existing double storey shop and outbuildings on the site,

and construct a five storey mixed use development with a basement car park. The proposed development would comprise a shop at the ground floor and sixteen (16) dwellings above.

2.2 Analysing each level of the development, the following is proposed:

Basement Sixteen (16) car spaces (including 7 within car stackers) Bicycle storage area with provision of 18 bicycle racks A bin store Sixteen (16) storage cages of a minimum of 6 cubic metres each One (1) storage area located off the car space for Dwelling 1 Mechanical plant room Two (2) underground water tanks One lift and stairwell to access upper floors

Ground floor

One (1) shop (green grocer) with 419.27 square metres of floor area A small internal loading bay area associated with the shop Two (2) under croft car parking spaces Residential foyer with one lift and one stair well A pedestrian path extending along the length of the southern side boundary,

connecting Mentone Parade to Old Bakery Lane

First and Second floors Six (6) dwellings, of which 1 would comprise 1 bedroom and 5 would comprise

two bedrooms One lift and stairwell

Third floor Two (2) dwellings, each comprised of two bedrooms One lift and stairwell

Fourth floor

Two (2) dwellings, each comprised of two bedrooms One lift and stairwell

General

The development would comprise overall, a total of fourteen (14) x 2 bedroom dwellings and two (2) x 1 bedroom dwellings



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The proposed total building height is 17.17 metres Balconies are provided to each dwelling ranging in size from a minimum of 8

square metres to 18.26 square metres

2.3 The proposal has an overall site coverage of 100 percent and a permeability percentage of 12.

2.4 The development is proposed to be built up to the north and south side boundaries. The

following minimum dimensions from the site’s east (front) and west (rear) property boundaries are proposed:

East (front) Boundary to

Mentone Parade

West (rear) Boundary to Old

Bakery Lane

Ground Floor: 0 metres 0 metres First Floor: 1.93 metres with balconies

encroaching up to the front boundary

1.64 metres with balconies encroaching up to the rear boundary

Second Floor: 5 metres, with balconies setback 2.8 metres

1.94 metres with balconies encroaching (min setback of 300mm increasing to 1.28 metres)

Third Floor: 26.14 metres 2.99 metres with balconies encroaching (min. setback of 981mm increasing to 3 metres)

Fourth floor: 26.25 metres 3.99 metres with balconies encroaching (min. setback of 1.97 metres increasing to 4.18 metres)

2.5 The proposed building is of a contemporary style, with a flat roof. Bold vertical elements

are proposed including slats to the southern elevation over the stairwell, as well as a curved aluminium feature frame to both the north and south elevations. A variety of materials is proposed including textured concrete panels to add visual interest. The colour palette chosen entails relatively neutral colours and tones.

3.0 SITE & SURROUNDS 3.1 The subject site is located on the west side of Mentone Parade, with a frontage width of

15.09 metres, total site depth on the southern boundary of 56.46 metres and overall area of 668 square metres. The site contains a double storey building and single storey outbuildings to the rear. Two commercial tenancies are located within the building.



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Vehicle access to the site is currently from Old Bakery Lane. No easements encumber the site.

3.2 The subject site is located within Mentone Activity Centre, where development is typical

of commercial centres with shops and other retail premises generally contained within a mix of single and double storey buildings. To the rear of the site is Old Bakery Lane and a Council owned public car park. Abutting the site to the south at No. 97-99 Mentone Parade are single storey shops, and likewise abutting the site to the north at No. 105 Mentone Parade. Opposite the site on the east side of Mentone Parade is Kilbreda College which is a large site with boundaries on Mentone Parade, Florence Street, Como Parade West and Commercial Road. The site is comprised of single, double and three storey buildings.

3.3 More broadly, within the vicinity of the subject site to the west and south is residentially

zoned land, with multi-dwelling and infill development having a significant presence. This is indicative of proximity to the commercial precinct and fixed rail transport. To the north and east of the site beyond the Frankston railway line is also residentially zoned land. Approximately 260 metres north of the subject site at No. 76-78 Balcombe Road is a medium density mixed used development that is currently under construction. That development will be five storeys with a basement car park once completed. Another larger scale building of four storeys has been approved, outside of the Activity Centre at No. 33-35 Childers Street (approx. 480 metres north-east of the subject site). This development will contain forty one (41) dwellings.

3.4 An aerial photograph of the subject site and surrounds is provided below:



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Source: IntraMaps

4.0 TITLE DETAILS 4.1 The Permit Applicant has completed the planning application form declaring that there is

no restrictive covenant on the title. 5.0 PLANNING CONTROLS 5.1 The subject site is located within a Business 1 Zone and is subject to Schedule 18 of the

Design Development Overlay. 6.0 PLANNING PERMIT REQUIREMENTS 6.1 Pursuant to Clause 34.01-4 (Business 1 Zone) of the Scheme, a planning permit is

required to construct a building or construct and carry out works. 6.2 Pursuant to Clause 34.01-4 (Business 1 Zone) of the Scheme, a planning permit is

required to use the land for a dwelling, where any frontage at ground level exceeds 2 metres;

6.3 Pursuant to Schedule 18 of Clause 43.02 (Design Development Overlay), a planning

permit is required to construct a building or construct and carry out works.

6.4 Pursuant to Clause 52.06 (Car Parking), a planning permit is required to reduce the car parking requirement.

6.5 Pursuant to Clause 52.07 (Loading and Unloading of Vehicles), a planning permit is

required for a waiver of loading requirements. 7.0 RELEVANT HISTORY 7.1 Council records indicate that there is no relevant planning history relating to this site.

8.0 ADVERTISING 8.1 Prior to advertising, the Permit Applicant submitted revised plans on 23 June 2011

(pursuant to Section 50 of the Planning and Environment Act 1987) that essentially



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sought to address some of the concerns raised in Council’s further information letter but have since been amended pursuant to Section 57A of the Planning and Environment Act 1987 (following the advertising process), to address the outstanding concerns raised by Council officers.

As discussed, the proposal was advertised by sending notices to adjoining and

opposite property owners and occupiers and by maintaining a notice on site for fourteen (14) days. Two (2) objections were received on the day that the application was originally due to be discussed at the 19 December 2011 Council meeting. Due to the timing of these objections, a Preliminary Conference was unable to be scheduled.

8.2 The amendments made to the plans following the advertising process generally entailed

increasing the depth of some light wells and balconies, particularly to first floor dwellings, and the inclusion of roller shutters to the south side walls of the shop to allow this area to be opened up to the pedestrian path during business hours.

8.3 The revised plans submitted after the advertising process constitute those that are now

under consideration by Council and, therefore, supersede all earlier plans. The amended plans were not re-advertised as they did not propose substantial changes to the overall built form.

9.0 REFERRALS 9.1 The following internal referral departments were notified:

Council’s Development Engineer advised of no objection subject to standard

drainage conditions being included. Council’s Activity Centre Place Manager acknowledged that the proposal was

consistent with current policy within the Planning Scheme in regard to height controls, but noted that it exceeded the 4 storey height limit contemplated by the Mentone Structure Plan. Overall the proposal was considered to provide a high quality design, it was recommended that the first floor east balconies be converted to winter gardens, treatment at ground level to roller shutters and the upper level deleted, with dwellings relocated to the third floor.

Council’s City Strategy Department reiterated the advice provided by Council’s Activity Place Manager.

Council’s Vegetation Management Officer advised of no objection to the proposal. Council’s Traffic Engineer advised of an objection to the proposed car stackers as it

was believed that there are maintenance issues and no customer parking provided for the shop use. It is noted that car stackers are regularly proposed and have been supported by Council. The site does not currently provide customer car parking for the exiting shops.

Council’s Waste Management Department advised of no objection subject to the applicant providing a Waste Management Plan for approval.



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Council’s Roads and Drains Department advised of no objection subject to conditions such as the requirement for an apex at the entrance to the basement ramp to prevent overland water flows.

Council’s Sustainable Development Officer advised of no objection and provided recommendations to increase access to daylight.


Clause 11: Settlement Clause 15: Built Environment and Heritage Clause 16: Housing Clause 17: Economic Development Clause 18: Transport Clause 19: Infrastructure


Clause 21.03: Land Use Challenges for The New Millennium Clause 21.04: Vision Clause 21.05: Residential Land Use Clause 21.06: Retail and Commercial Land Use Clause 22.11: Residential Development Policy

10.3 Zoning

Clause 34.01: Business 1 Zone

10.4 Overlay Clause 43.02: Design Development Overlay (Schedule 18)

10.5 Particular Provisions

Clause 52.06: Car Parking Clause 52.07: Loading & Unloading of Vehicles Clause 52.34: Bicycle Parking Clause 52.35: Urban Design Context Report and Design Response For Residential

Development Of Four Or More Storeys

Note: While providing a useful guide to assessing the pertinent residential issues for the application, the provisions of Clause 55 (ResCode) do not apply, as the application is for a development of four (4) or more storeys. Accordingly, the development must be assessed against the objectives and strategies of Clause 15 (Built Environment and Heritage).

10.6 General Provisions



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Clause 65 (Decision Guidelines)

10.7 Neighbourhood Character Area Guidelines (Incorporated Document within Clause 21.05:

Residential Land Use)

The subject site is located outside the area designated within the Guidelines, and accordingly, are not considered relevant to this application.

11.7 Design Contextual Housing Guidelines (April 2003 – reference document within Clause 22.11 – Residential Development Policy)

The Design Contextual Housing Guidelines offer a range of design techniques and

suggestions to assist with residential design, which is responsive to local character.

The Guidelines tend to focus on the design of multi-unit developments, and are not very informative in the consideration of larger scale apartment buildings of this nature. For this reason, an assessment against the suggestions contained within the Guidelines has not been provided for this proposal.

11.0 PLANNING CONSIDERATIONS: 11.1 State Planning Policy Framework

The State Planning Policy Framework sets out the relevant state-wide policies for residential development at Clause 11 (Settlement), Clause 15 (Built Environment and Heritage), Clause 16 (Housing), Clause 17 (Economic Development), Clause 18 (Transport), Clause 19 (Infrastructure). The SPPF requires Council to integrate the range of policies relevant to the issues to be determined and to balance conflicting objectives in favour of net community benefit and sustainable development. Clause 11 (Settlement) seeks to ensure that a sufficient supply of land is available for housing, employment, recreation and open space, commercial and community facilities and infrastructure.

Clause 15 (Built Environment and Heritage) aims to ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value. Clause 16 (Housing) encourages the provision of housing diversity (including affordable housing), that has access to services and be planned for long term sustainability. It also seeks to ensure the efficient provision of supporting infrastructure. Clause 17 (Economic Development) is geared towards providing a strong and innovative economy. Clause 17.01-1 (Business) encourages development which meets the community’s needs for retail, entertainment, office and other commercial services and



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provides a net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. Clause 18 (Transport) encourages the development of an integrated and sustainable transport system that provides access to social and economic opportunities, facilitates economic prosperity, contributes to environmental sustainability, coordinates reliable movements of people and goods, and is safe. Clause 19 (Infrastructure) aims to ensure that the development of social and physical infrastructure is provided in a way that is efficient, equitable, accessible and timely. It is submitted that the proposed development generally satisfies the aforementioned State strategies and policy direction. Specifically, the subject site is located on land which is deemed suitable for residential development, whereby residential development is an ‘as of right’ use under the zoning (provided that any frontage width at ground level does not exceed 2 metres). The development itself achieves an acceptable design outcome for the site and its immediate abuttals, whilst enjoying convenient and direct access to community facilities and the like, including public transport nodes. It is further acknowledged that the proposed scale of development is appropriate within the context of the site.

11.2 Local Planning Policy Framework

The Local Planning Policy Framework (LPPF) contains Council’s strategic direction, the Municipal Strategic Statement (MSS), which is an extension of the direction established by the SPPF, and the local policies that implement the LPPF. Within Clause 21 (MSS) of the Kingston Planning Scheme, the following six (6) attributes are submitted as being the most relevant to the consideration of the proposal: Clause 21.03: Land Use Challenges for The New Millennium Clause 21.04: Vision Clause 21.05: Residential Land Use Clause 21.06: Retail and Commercial Land Use Clause 22.11: Residential Development Policy After reviewing the relevant strategic directions that emerge from the abovementioned Clauses, the following can be summarised: Clause 21.03: Land Use Challenges for The New Millennium identifies the need

for the Municipality to provide suitable housing stock that meets future housing demands and to sustain an appropriate mix of supporting urban infrastructure. It is further stated that recent pressures for new development, consolidation and medium density housing has resulted in change to the amenity and character of local areas. It is acknowledged that careful management will be required in order to integrate urban consolidation objectives with an understanding of specific character issues applicable to certain neighbourhoods.



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Clause 21.04-3: Strategic framework plan (Clause 21.04 Vision), provides for the

strategic direction for future land use planning and development within the City of Kingston. This Policy includes a Strategic Land Use Framework Plan, which identifies the location of where specific land use outcomes are anticipated, supported and promoted.

The major strategic directions identified on the overall Framework Plan include:

o Locations for promotion of medium and higher density housing opportunities i.e. areas designated for increased density housing opportunities and activity centres.

The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston

Planning Scheme, seeks to provide guidance to development in residential zoned land, mixed use zoned land and land within activity centres. The Residential Land Use Framework Plan illustrates the range of housing outcomes sought across the City of Kingston.

Pertinent to the consideration of this application, the policy goes on to state that “The

vision for Kingston’s residential areas outlined in the Kingston Residential Strategy - September 2000 is: to promote and facilitate both increased local housing diversity to meet the changing housing needs of the community and increased liveability within an integrated planning framework. The MSS seeks to promote medium density housing in locations better suited to accommodating housing change and to moderate the rate and type of housing change in other locations”.

Relevant objectives and strategies in Clause 21.05-3: Residential Land Use

include:






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o To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses.


o To recognise and response to special housing needs within the community. Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning Policy at Clause 12.06, stressing the need to encourage urban consolidation in appropriate locations and to accommodate projected population increases.

Clause 21.06: Retail and Commercial Land Use is broken into six (6) key objectives. The first of which looks at protecting and strengthening the hierarchy of activity centres. The subject land is located within the Mentone Activity Centre, which is identified as a ‘Major Activity Centre’ within the City of Kingston. The Strategic Direction for the Mentone Activity Centre is to:

o Encourage entertainment/restaurant uses where continuous active frontage is

not undermined. o Reinforce the centre’s edged by encouraging residential development on the

centre’s periphery.

The proposal seeks to continue the existing green grocer use within the new building, ensuring that the development contributes to a continuance of the existing retail mix found within the Mentone Activity Centre. Objective 3 of Clause 21.06 seeks to reinforce the built form character and function of activity centres consistent with the position in the hierarchy of activity centres. Strategies to implement the objective include the use of structure plans to provide direction in relation to a variety of areas, including enhancing the character and physical image of the centre, identifying the right mix and location of land use activity and guiding the scale of new buildings.

Clause 22.11 – Residential Development Policy - as outlined previously, the

proposal is considered to generally comply and satisfy the applicable Local Planning Policy Framework, which essentially aim to encourage well-designed medium density housing in appropriate locations.

Where a planning permit is required for residential development, where relevant, it is policy under Clause 22.11 to:

Encourage all new residential development to respond positively and creatively to

neighbourhood character. Unless a preferred character is specified, the existing character is that which is to be considered.

In areas where building placement makes a major contribution to neighbourhood character, design new development to reinforce the established rhythm of buildings in the street and retain the existing single dwelling character of the streetscape.

Design duplex and side-by-side development to have a visual interconnection with the street rather than presenting merely as garages and front doors only. Staggered



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front building lines and variation in designs and materials should be used to avoid poor urban design impacts upon streetscapes.

Built form, siting and scale of development, it is policy, where relevant, to:

Encourage the two storey component of new medium density housing to be located towards the front of a site.

Ensure that two storey dwellings are designed to respond to the character of the local neighbourhood. Where the local neighbourhood is characterised by single storey development and this characteristic makes a major or critical contribution to neighbourhood character, new two storey development should incorporate rooms within the roof form of attic style dwellings, and should set the second storey building envelope back from the ground level envelope.

Ensure that any upper storey components towards the rear of sites are sensitively designed to avoid unreasonable adverse amenity impacts on neighbours.

Encourage well-articulated and graduated elevations in order to avoid 'box-like' double storey designs, thus reducing visual bulk.

Ensure that the siting of new buildings respects the amenity of adjoining neighbours with regard to rear yards and garden outlooks from habitable living room windows.

Ensure that the design and layout of new dwellings incorporate features which minimise overlooking of adjacent properties.

Address potential overlooking through site layout planning as well as individual dwelling planning.

Car parking and vehicle access, it is policy, where relevant, to:

Ensure that adequate on-site car parking is provided to meet the needs of future residents and visitors and sited to reduce its impact on the streetscape.

Performance measures Locating garages or carports at the rear of dwellings fronting a street wherever

possible. Ensuring that where garages are located in the street elevation, they are set back a

greater distance than the front wall of the building. Ensuring that garages and carports are sited so that a tandem car parking space can

be provided in front of the garage or carport. Incorporating garages and carports within the main roof line of the dwelling.

Stormwater run-off mitigation and quality management, it is policy, where relevant, to:

Ensure that new residential development limits the impact of increased stormwater run-off on drainage systems.

Performance measures On-site infiltration should be maximised by: Wherever possible, using unpaved landscape areas or porous paving. Where appropriate, constructing on-site stormwater detention with delayed release

into the stormwater drainage system. Designing to limit the impervious area.



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Incorporating on-site water re-cycling systems for stormwater run-off.

Clause 22.11 Residential Development Policy essentially extends upon the provision contained at Clause 21.05 (Residential Land Use) along with the State Planning Policy Framework provisions found at Clause 14.02-2 – Settlement and Clause 16.02 – Medium Density Housing, effectively promoting high-density development around activity centres and locations close to public transport.

In summary, the proposal is seen to be strongly consistent with Council’s Local Planning Policy Framework and, importantly, it delivers on some very specific objectives for the type and form of medium density development expected in areas such as this before the Council.

11.3 Zoning Provisions

The subject site is zoned Business 1. The purpose of the Business 1 Zone is: To implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies; and

To encourage the intensive development of business centres for retailing and other complementary commercial, entertainment and community uses.

Pursuant to Clause 34.04 – Business 1 Zone of the Kingston Planning Scheme, a Planning Permit is required to:

construct a building or construct or carry out works.

It is noted that the proposed dwellings and shop are an ‘as of right’ (Section 1) use and do not require a Planning Permit.

The appropriateness of the development is discussed further in this report, however the overall proposal is considered satisfactory with regard to the objectives of the Business 1 Zone.

11.4 Overlay Provisions

The subject site is located subject to Schedule 18 of the Design Development Overlay. The general design objectives of the Overlay seek:

o To reinforce the urban form, character, streetscape of the Mentone Activity Centre.

o To achieve responsive and sensitively designed development that is of a high architectural quality and urban design standard.

o To achieve appropriately designed development that is consistent with the built form outcomes and heights envisaged by this Overlay.

o To ensure development has proper regard for the established, streetscape and development pattern in terms of building design, height, scale, and siting.



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o To preserve solar access to adjoining residential zones, dwellings, public and private open space and pedestrian accessways.

o To protect and enhance key views, vistas and landmarks. o To protect and enhance places of cultural heritage significance.

It is acknowledged that the overall height of 5 storeys exceeds the maximum height contemplated in the Mentone Activity Centre Structure Plan (discussed below); however the proposed height is consistent with the current planning policy which applies to the site, contained within Schedule 18 of the Design Development Overlay (DDO18). The design presents a three storey built form to Mentone Parade, with a significant setback of the fourth and fifth storeys. In relation to DDO18, the site falls within two precincts. The front half of the site is located within Precinct E1 which specifies a limitation of 2-3 storeys, whilst the rear half is within Precinct E2 which specifies a limitation of 4-5 storeys.

A number of design standards are identified for each Precinct within the DDO18. Of particular relevance Precinct E1 notes:

o Any third storey must be setback a minimum of 5 metres from the frontage to enable a robust 2 storey building form with a maximum building height of 8.5 metres. Balconies may encroach within the third storey setback but must be setback 2.8 metres fro the frontage and be of an open appearance;

o Upper 2 storeys to be light weight in appearance. Designs shall contain a level of façade articulation and material detailing that distinguishes the lower floors from the upper floors to maintain a robust and traditional 2 storey street wall façade.

o Encourage new additions and development that demonstrate contemporary architectural detailing but where the form and fenestration respond to the heritage and village characteristics of the precinct.

o Encourage zero setbacks at front and side boundaries to facilitate equal access to open space for shop top development.

Precinct E2 contains the following relevant design standards:

o Any 3rd storey should be setback a minimum of 3 metres from a laneway building edge.

o Upper 2 storeys to be light weight in appearance. Designs shall contain a level of façade articulation and material detailing that distinguishes the lower floors from the upper floors to maintain a robust and traditional 2 storey street wall façade.

o Ensure development addresses laneways and enables an improved and active pedestrian scaled thoroughfare.

o Encourage new additions and development that demonstrate contemporary architectural detailing but where the form and fenestration respond to the heritage and village characteristics of the precinct.

o Encourage zero setbacks at front and side boundaries to facilitate equal access to open space for shop top development.



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The design has had regard to the above design standards, and meets the front and rear setbacks that are specified, as well as the maximum heights for each of the precincts. The orientation of dwellings and balconies to Old Bakery Lane, as discussed above, appropriately addresses this laneway. Overall the proposal is considered consistent with the objectives of DDO18.

11.5 Other Council Policies - Mentone Activity Centre Structure Plan

The Mentone Structure Plan was adopted by Council on 11 July 2011, and whilst it does not form part of the Planning Scheme, achieves a status of ‘seriously entertained document’. The following amendment should be read in this context. The Mentone Structure Plan identifies the subject site within Precinct A – Retail Core. The relevant objectives of Precinct A of the Structure Plan include:

o Maximum 3 or 4 storey overall height pending location; o Consistent 2 storey street edge to commercial street frontages and the

maintenance of the existing fine grain shopfronts; o Further activate ground floor shopfronts with shop top housing or office uses in

upper levels; o Facilitate site consolidation as a means of ensuring:

- Desired built form outcomes can be achieved on what are often narrow allotments;

- Objectives to activate rear laneways; - Sufficient space can be provided for basement car parking.

o Encourage generous balcony spaces, articulation and lightweight materials to reduce building bulk and ensure surveillance.

The proposed basement allows sufficient space for parking to be accommodated within the subject site for future residents, and staff of the green grocery. The proposed continued use at ground floor for a shop (green grocer) will ensure that the existing grain of shopfronts is maintained, whilst providing for activation at upper levels with dwellings. This is further enhanced by balconies which will have views of Mentone Parade and Old Bakery Lane to the rear where the Mentone Structure Plan seeks to increase pedestrian activity. The orientation of dwellings and balconies to the rear of the site with views of and access to Old Bakery Lane is deemed an acceptable response to the site and will promote the desired increase in pedestrian activity through a growth in residents as well as improving the pedestrian realm through passive surveillance. The current site layout has an informal pedestrian walkway along the southern side boundary connecting Mentone Parade with the Council owned car park to the rear of the site. The proposal will maintain and improve this connection via a more formalised pathway, which will also be integrated with the green grocery where roller shutters will be able to be open along the shops southern side during business hours.



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Whilst the height of the proposal will exceed the height contemplated within the Mentone Structure Plan, the height meets the current planning policy which applies to the site. The overall proposal is still considered to be consistent with the objectives that are specified for Precinct A and will result in a good planning outcome for the subject site and the broader locality.


Clause 52.06: Car Parking The purposes of this provision are:

To ensure that car parking facilities are provided in accordance with:

- The State Planning Policy Framework and the Local Planning Policy Framework including the Municipal Strategic Statement and local planning policies.

- Any parking precinct plan. To provide the opportunity to use parking precinct plans in appropriate locations.

To promote the efficient use of car spaces through the consolidation of car parking facilities.

To ensure the provision of an appropriate number of car spaces having regard to the activities on the land and the nature of the locality.

To ensure that the design of car parking areas:

- Does not adversely affect the amenity of the locality, in particular the amenity of pedestrians and other road users.

- Achieves a high standard of urban design. - Creates a safe environment for users, particularly at night. - Enables easy and efficient use. - Protects the role and function of nearby roads. - Facilitates the use of public transport and the movement and delivery of goods.

Clause 52.06-1 notes that a new use must not commence or the floor area of an existing use must not be increased until the required car spaces have been provided on the land.

The required spaces are identified in the table to Clause 52.06-5. The table at Clause 52.06-5 notes that a:

Dwelling, other than Caretaker’s house if at least 2 on a lot, requires 2 car parking

spaces to each dwelling.

A shop requires 8 spaces per 100 square metres of leasable floor area.

Clause 52.06 allows a permit to be granted to vary the statutory parking requirements having regard to the following decision guidelines: Any relevant parking precinct plan.

The availability of car parking in the locality.

The availability of public transport in the locality.



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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.

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

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 requirement.

Local traffic management.

Local amenity including pedestrian amenity.

An empirical assessment of car parking demand.

Any other relevant consideration.

The proposal requires the provision of 32 car spaces for the residential component and 33 car spaces for the shop. The proposal provides a total of eighteen (18) car parking spaces, and therefore a permit is required for the reduced amount, this is discussed further at Section 12.3 of this report.

Clause 52.07: Loading & Unloading of Vehicles

The primary purpose of this Clause is ‘to set aside land for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety’. Clause 52.07 allows a permit to be granted to reduce or waive the requirements if either: The land area is insufficient; or

Adequate provision is made for loading and unloading vehicles to the satisfaction of the responsible authority.

The proposal would provide a loading bay within the shop to its rear, accessed from Old Bakery Lane, however the dimensions do not meet the minimum required by this Clause. The plans also indicate sharing of car parking and additional loading area for the shop externally, towards the rear of the site, this is discussed further at Section 12.4 of this report.

Clause 52.34: Bicycle Facilities

The purpose of this Clause is:

To encourage cycling as a mode of transport.

To provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities.

Clause 52.34-1 states that a new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land.



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Under Clause 52.34-2 states that a permit may be granted to vary, reduce or waive the requirements of Clause 52.34-3 and Clause 52.34-4. An application is exempt from the notice and decision requirements and appeal rights of some sections of the Act.

Clause 52.34-3 requires in developments of four (4) or more storeys that one (1) residents bicycle space per five (5) dwellings, and one (1) visitor bicycle space per ten (10) dwellings be provided. A shop requires 1 employee space to each 600 square metres of leasable floor area if the floor area exceeds 1000 square metres, and 1 shopper space to each 500 square metres of leasable floor area if the floor area exceeds 1000 square metres.

Under the requirements of this section of the Scheme, a total of four (4) on-site bicycle

parking spaces are required with 3 spaces for residents, and 1 space for visitors. No additional requirement for bicycle parking spaces is generated as the proposed shop

is less than 1000 square metres in floor area. A total of eighteen (18) spaces are proposed within the basement.

Clause 52.35: Urban Design Context Report and Design Response for Residential Development Of Four Or More Storeys

The purpose of that Clause is;

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

A satisfactory urban context report and design response was prepared prior to advertising of the development, in accordance with the requirements of the Clause.

Clause 65: Decision Guidelines For this application the requirements of Clause 65.01 for the approval of an application or plan is of relevance. This Clause outlines the requirements that the responsible authority must consider when determining the application.

12.0 ASSESSMENT 12.1 Use

The proposed Shop at ground floor is considered to be appropriate with regard to the site being located within a Business 1 Zone. It is proposed that the existing green grocer will use this ground floor tenancy, providing continuity and an essential retail activity for residents in the locality. The proposed dwellings above the retail use are appropriate, with the proposed apartments providing a different housing type to what is commonly found in the area, as well as housing which is close to public transport. More residents in the area will increase the viability of the commercial precinct and local businesses, whilst offering greater



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opportunities for people to live near where they work. It is recommended that the pedestrian entry from Mentone Parade is reduced to 2 metres, allowing an increase in façade width to the shop, which is considered appropriate with regard to the Business 1 Zone and retaining a strong commercial front to the building.

12.2 Development Pursuant to Clause 34.01-4 and Clause 43.02, a permit is required to construct a building or construct or carry out works.

The design principles contained at Clause 15 (Built Environment and Heritage) are applicable to this development for both the commercial and residential components. Clause 55 is not applicable to the assessment of the proposed dwellings, due to the height of the building and the Business 1 zoning of the land. The proposed development is considered to be consistent with the applicable design principles contained within Clause 15.

The Design Guidelines for Higher Density Residential Development (Department of Sustainability and Environment, 2004), which is a reference document at Clause 15 of the SPPF, and are considered to provide a more comprehensive guide in the assessment of the design and built form of residential development of four (4) or more storeys. As such, discussion of the proposal against each of the applicable design elements is provided below. Element 1 – Urban Context Encourages buildings that respond creatively to their existing context and to the aspirations for the future development of the area and encourages creative designs that are based on a clear understanding of the urban context and neighbourhood character.

To ensure proposed buildings respond creatively to their existing context, an Urban Context Report is required to accompany an application of four (4) or more storeys, which provides a detailed response to the character of the area and identifies the opportunities and constraints for the site. The application is accompanied by an Urban Context Report which has appropriately identified planning scheme objectives and requirements in relation to the subject site, along with information which has assessed the existing character of the locality and the site’s opportunities and constraints. The submitted Urban Context Report is considered satisfactory.

It is considered that the proposed development has appropriately taken into account the strategic context of the site, satisfying requirements of these Guidelines as well as those contained within Clause 15.01-2 of the Planning Scheme. The subject site is centrally located within the Mentone Activity Centre where it is considered that increased residential densities can be appropriately accommodated with regard to access to critical infrastructure, as well as providing an increased residential population to build upon the Centre’s dynamism and viability.

The site’s location within the commercial heart of the Activity Centre results in the site having less sensitive interfaces for a higher density residential development of five



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storeys – particularly with regard to its rear laneway access, opportunities to overlook the public car park area and activate Old Bakery Lane. The proposed design will retain the existing lot pattern, where currently the shops on the site occupy the site’s frontage from boundary to boundary. The proposal will retain the boundary to boundary built form, and whilst one commercial tenancy would replace two, the grain of development and frontage occupied by the green grocer will be similar and sympathetic of surrounding development. The building will present as a three storey development to the street, with a similar height to some existing double storey shops in the street which have high parapets, such as at No. 107 Mentone Parade. The five storey component of the development, which is located towards the rear half of the site, would have limited visibility from Mentone Parade. It is noted that opposite the site, the Kilbreda College has a three storey building with a hard edge up to the site’s front boundary. Overall the site is considered to have an appropriate strategic context to support a residential development within the Mentone Activity Centre.

Element 2 – Building Envelope This element aims to ensure that new development is appropriate to the scale of nearby streets, other public spaces, and buildings and to relate building height to street width and intended character. The objective also aims to protect sunlight access to public spaces, to respond to existing or preferred neighbourhood character, to ensure building separation supports private amenity and reinforces neighbourhood character, and to ensure that areas can develop with an equitable access to outlook and open space. The objective aims to ensure that visual impact to dwellings at the rear are appropriate to the context and to maximise informal or passive surveillance of streets and other public open spaces. Height and Massing: Schedule 18 of the Design Development Overlay (DDO18) places restrictions on the height of the proposed building which have been met. The design satisfies the height controls that are specified for the two precincts that the site covers – Precinct E1 and E2. Precinct E1 sets a limit of 2 to 3 storeys, with any third storey element setback a minimum of 5 metres from the frontage. Balconies may encroach, but must be setback 2.8 metres. A strong two storey building form is encouraged. In this instance the third storey setback is largely met, with planter boxes encroaching into the 2.8 metre setback. Council’s Activity Centre Place Manager has suggested that in order to reinforce the two storey hard edge that the plans are amended to show ‘winter gardens’ to Dwelling’s 1 and 2 of the first floor. Effectively it would entail the proposed balconies being provided with operable windows to the street edge. This effect could also be achieved through other design features such louvres or decorative perforated screens to create a loggia, and a condition is recommended to be included on any permit issued to amend plans accordingly, allowing flexibility for the applicant to provide a design to fulfil the intention of this requirement. The rear half of the site, located within Precinct E2 would entail a five storey built form consistent with the height restriction specified. The overlay states that any third storey



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should be setback a minimum of 3 metres from the laneway building edge. The building is proposed to be setback a minimum of 1.9 metres, increasing to 2.86 metres with balconies encroaching. While the setback is not met, it is considered that the design will achieve a good degree of integration with Old Bakery Lane, with the proposed balconies activating this laneway by orienting dwellings towards it. The fourth and fifth storeys increase their setbacks from the rear, and as recommended by the design standards, would entail light weight materials and colours. The proposed site coverage is consistent with the built form found within the activity centre, and would be expected to be common element within a Business 1 Zone. The five storey height to the rear of the site is a departure from the single, double and three storey buildings found in proximity of the site, however, as discussed above, this massing towards the rear of the site is contemplated by the local policy found within DDO18. The five storey component of the building is highly articulated with varied rear setbacks, along with the incorporation of balconies, structural architectural features and a mix of building materials breaking up the visual presentation of massing. The north and south side elevations are also well articulated through the use of architectural features, materials and fenestrations.

Street Setbacks: Existing conditions on the site result in the commercial building having a zero street setback to Mentone Parade. The proposal will entail a zero street setback on this frontage, which is appropriate with regard to the commercial nature of the street where all shops are built up to their respective lot boundary. As discussed above, within this locality a hard edge two storey element is encouraged, with a condition recommended that the two balconies oriented to the street for Dwelling’s 1 and 2 must be enclosed, and may entail operable windows, louvres or another treatment. The third floor meets the setbacks required by the DDO. As previously outlined, the street setbacks specified in DDO18 for Old Bakery Lane are not met at the third storey, however the setbacks are increased for the further two storeys above. Existing setbacks from the lane are varied, for this section of Old Bakery Lane between Florence Street to the north and Brindisi Street to the south, approximately half of the properties have zero lot setbacks, with the remainder of sites having car parking and outbuildings located to the rear of commercial buildings that are oriented to Mentone Parade. The proposed built form to the rear of the site would be consistent with the varied character of built form along the laneway.

Relationships to Adjoining Buildings:

The proposal will generally entail zero side setbacks to the north and south boundaries. This form of boundary to boundary development is mirrored on other lots in this shopping strip, where shared walls are a prevailing characteristic. To achieve adequate internal amenity to dwellings, light courts and balconies are proposed along parts of each of these elevations. Currently, development to the north and south abutting the site is single storey in form, however future development of these sites will need to take into consideration the location of light courts and balconies to ensure that amenity is not unreasonably compromised. As this proposal is the first of its kind it has taken advantage of opportunities to build to the boundary and provide balconies to its sides, in



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the absence of higher built form on abutting lots. In order to ameliorate any impacts on the potential to develop the abutting lots in the future, it is strongly recommended that the locations of several balconies are amended or setbacks increased from side boundaries in order to provide adequate access to daylight in the event that the adjoining lot is developed. These recommended changes will be discussed further under Element 5. It is noted that the development of the northern property (No. 105 Mentone Parade) would possibly require a consolidation of lots to achieve an adequate site width to provide appropriate setbacks from north facing balconies on the subject site. Given the relatively narrow lot at No. 105 Mentone Parade, this would most likely be encouraged for any further development regardless of what might be developed on the subject site. The commercial nature of the abutting lots is advantageous to the development in that any overshadowing caused by the development would not impact upon residential private open spaces and any balconies/windows will not cause overlooking concerns to residential living or recreation areas. The orientation of the site makes it difficult to eliminate the overshadowing that will occur to commercial properties, particularly to the south. The impact on the public realm will be different throughout the day allowing for a balance of light and shade, consistent with the design principles of Clause 15.01-2.

Views to and from Residential Units: The proposal will entail the orientation of living areas and balconies to each street frontage, with a good degree of passive surveillance from balconies to the Mentone Parade frontage, and Old Bakery Lane to the rear, which will enhance both perceived and real safety outcomes in the immediate area. This approach is consistent with the safety and public realm objectives contained within the urban design principles of Clause 15.01-2. In order to improve these views, it is recommended that changes are made to the internal layouts of dwelling’s 13 and 15 to orient main living areas to Old Bakery Lane, where currently a master bedroom with balcony is proposed. As the site is located within a commercial precinct, overlooking from the proposal to residential properties is not a concern. The proposal does entail screening to balconies and some habitable rooms that are oriented to the north and south. Whilst overlooking is not a concern, the applicant has provided screening treatments in anticipation of future development of abutting sites. This is considered a satisfactory approach and will assist future development on the abutting sites.

Wind protection: Given the five (5) storey nature of the application, it is considered that the stepped building form and articulation applied to the external facades of the proposed development and building mass will assist in reducing wind turbulence at ground level. This is particularly the case with regard to Mentone Parade, where the building height would not be dissimilar to the existing building height on the site or on nearby sites.

Roof forms: The proposed flat roof design is considered to be in keeping with the contemporary style of the development and assists in minimising the overall building height. The type of roof form proposed is not considered atypical to other forms of development in the immediate commercial precinct. Element 3 - Street Pattern and Street-Edge Quality



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Aims to create walkable areas within a safe and interesting public setting and to closely integrate the layout and occupation patterns of new development with the street. This objective also encourages entrances with a strong identity. Entrances that provide a transition from the street to residential interiors by accentuating and identifying building entrances to provide good visual and physical connections between the street and lobby spaces. It is important to ensure that car parking does not dominate or detract from the streetscape. Front fences should respect and contribute to the neighbourhood character and avoid creating inactive frontages as a result of fencing private open spaces. The shared infrastructure in higher density development, including circulation, parking and service spaces is important to ensure that buildings function well, are efficient and capable of being properly maintained. Street Pattern and Street Edge Integration: The existing street pattern and size of the lot will remain, with the proposal maintaining built form boundary to boundary, and the retention of shared walls to each abutting property. As previously discussed, the fine grain of the streetscape in Mentone Parade will be retained, with the commercial premises at ground floor providing continuity between the existing conditions and the proposed development. The proposal will also entail a pedestrian walkway connecting Mentone Parade and Old Bakery Lane which will enhance connectivity to the public car park at the rear. The Mentone Structure Plan seeks to address improving pedestrian links throughout the Centre, particularly in regard to Old Bakery Lane and Granary Lane. A permit condition is however recommended to provide security cameras within the walkway, which would also include cameras and security entry to the residential lobby. It is also recommended that the width of the pedestrian entry from Mentone Parade is decreased, so that it is no greater than 2 metres, with an increase to the shop front façade width, enhancing the commercial interface of the building at ground level. The ground floor treatment to the proposed building is not ideal, with the west façade largely taken up by roller shutters, the basement ramp and under croft car parking. As a way of improving the building’s street edge integration to Old Bakery Lane a permit condition is recommended to improve the design detail proposed to the two roller shutters, as well as potential surfacing treatment to add visual interest, and improving the pedestrian entry to the building to enhance its visibility.

Building Entries:

Pedestrian entries are proposed to the front of the building from Mentone Parade, and to the rear of the building for access from Old Bakery Lane. The entry from Mentone Parade is appropriately designed so as to signify a separate entry from the ground floor commercial tenancy, though the entry from the rear of the site is recommended to be improved. The door is recessed from the rear boundary, and an architectural feature on the boundary such as a portico treatment would enhance its legibility as a pedestrian entry to the building, along with addressing signage.

Element 4 - Circulation and Services



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Aims to provide adequate, safe and efficient car parking layouts, bicycle areas and pedestrian entries to buildings. Encourages the creation of shared living spaces that contribute positively to the experience of living in high density developments. This objective also aims to minimise running and maintenance costs and to minimise water use, collect and reuse stormwater where practical, use natural irrigation in landscaping and provide a clear method of refuse disposal. Parking Layout: The proposed basement ramp is 3.6 metres wide, which will not allow for two way traffic, this is considered acceptable provided that convex mirrors are provided at appropriate locations within the basement and entry to the ramp to allow vehicles entering and exiting the site visibility of one another. A convex mirror located at the entry to the property will also enable vehicles exiting the site greater visibility of any pedestrians or vehicles using the laneway. The layout of the basement would provide seven (7) spaces within car stackers, and the remainder as standard car spaces. The specifications of the model of Klaus car stacker chosen would require a pit length of 5.4 metres, with the current dimension of 5.36 metres inadequate; this minor variation is recommended to be remedied by a permit condition. The remainder of car spaces are generally satisfactory, whilst it is noted that some spaces will require four vehicle movements to exit spaces – this is the case for spaces numbered 13-15 inclusive. This is not desirable; however the narrow width of the lot significantly restricts parking locations but will still enable the movement of vehicles in and out of spaces. Overall the dimensions of proposed car parking spaces are satisfactory subject to two minor amendments (increase the width of car space No. 4 to 2.9 metres and reduce car space No. 12 to 2.9 metres) where these spaces abut a wall. Accessway dimensions are also satisfactory. The sufficiency of the number of car parking spaces proposed will be discussed further below in this report. The extent of the mechanical plant room which abuts car spaces numbered 13 and 14 is recommended to be reduced in size. It has been clarified with the applicant’s designer that the space allocated to the plant is larger than what would most likely be required. A greater separation between the door to the plant room and the abutting car space is recommended to better enable access and any movement of equipment that may be required.

Within the basement, locations are nominated for storage cages, bicycle racks and bins. The areas of each are adequate and accessible for their nominated use. At ground floor two (2) car spaces are proposed for the commercial tenancy. The Traffic Report submitted by the applicant has recommended that the eastern most car space length is increased from 4.9 metres to 5.4 metres to ensure that one vehicle does not overhang the other which will be required by a permit condition. This parking area is also proposed to be a shared loading bay – in addition to the internal loading bay. The appropriateness of this arrangement will be discussed further below in this report.



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Signage and way finding measures will be required to direct traffic and denote the allocation of car spaces; this can be required by a permit condition. Overall, subject to conditions the layout of car parking areas is considered adequate.

Circulation Spaces: The shared spaces within the building have been designed in accordance with the suggestions outlined in the guidelines. Hallway widths, stairwells and the proposed lift are considered sufficient for the movement of furniture etc.

Site Services: It is considered that due consideration has been given to the service operations necessary for a development of this nature. Adequate provision has been made for refuse collection, mail delivery, emergency services access, etc. It is recommended that mailboxes are relocated to the residential lobby of the building, rather than the pedestrian walkway which will also be used by the general public. A detailed Waste Management Plan (WMP) has not been submitted for review; however the plans have been amended in line with referral comments provided by Council’s Waste Management Department to provide fifteen 240 litre bins comprised of 5 general waste bins and 10 recycling bins. It is recommended that a WMP be required by a permit condition to detail how waste will be managed on the site, with a preference that if possible, Council collection services are used. If this option is not viable, details must be provided for private collection.

A permit condition is recommended requiring the provision of external clotheslines to balconies wherever possible – ensuring that these can be appropriately screened and folded away when not needed.

Element 5 - Building Layout and Design The objective aims to provide a range of dwelling sizes and types in higher density residential developments, to optimise the layout of buildings in response to occupants’ needs as well as identified external influences and characteristics of a site and to promote buildings of high architectural quality and visual interest. The objective also identifies the need to provide adequate storage space for household needs, to ensure that a good standard of natural lighting and ventilation is provided to internal building spaces.

Dwelling Diversity: The dwellings are a mix of 1 and 2 bedrooms, providing for some diversity of households, within an apartment style format. All the dwellings are provided with lift access, and are therefore suitable for persons with limited mobility.

Building Layout: Dwellings are provided with adequate dimensions and at times generous bedrooms to accommodate furniture, providing useable and comfortable living spaces. Dwellings are also provided with storage/linen cupboards, with external storage cages in the basement of 6 cubic metres adding to the area of storage available for each dwelling. Each



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bedroom would also contain built in robes. The internal spaces and extent of storage available to each dwelling is deemed satisfactory, contributing to a good degree of internal amenity achieved to dwelling. The orientation of dwellings to the site’s rear and front boundaries generally allows for good access to daylight to dwellings and balcony areas. Whilst the site’s east-west orientation presents a 55 metre north facing sideage, the building will be built up to the boundary, and the provision of windows on either the north or south boundaries would not be supported. Light courts and balconies are therefore relied on to provide daylight to habitable rooms. The majority of bedrooms will be reliant on light courts, with the exception of dwelling 15 where the master bedroom will have access to a balcony oriented to the west. Light courts are generally provided with a minimum dimension of 1 metre and overall area of 3 square metres, with many exceeding these dimensions (with the exception of dwelling 4 discussed below). While Clause 55 (ResCode) is not applicable to this development it can be used as a guide to assess amenity impacts and in this instance daylight achieved to habitable room windows would satisfy Clause 55.05-3 of the Kingston Planning Scheme, or can do so subject to conditions. Dwellings that are most impacted with regard to daylight access are centrally located within the building on the first and second floors – dwelling’s 3, 4, 9 and 10. Clerestory windows are recommended to dwelling’s 9 and 10 at the second floor which will improve access to daylight to each, particularly where northern sunlight can be provided. This will leave two apartments at the first floor, (one of which would be south facing) with a reliance on light courts and balconies to side boundaries to all habitable rooms. The balcony proposed for the south oriented dwelling 4 has not been dimensioned, however would appear to have a minimum depth of 1.7 metres increasing to 2 metres and an overall area of 8.7 square metres. The light court provided to the master bedroom has a minimum dimension of approximately 700mm, increasing to 1 metre. It is considered that the balcony is of a sufficient dimension to allow access to daylight, with the balcony above recessed from the boundary by 900mm. The balcony would also abut a light court to its west so that it is not enclosed by walls on both sides. The proposed light court to the master bedroom is recommended to be increased to have a minimum 1 metre depth. Dwelling 3 is a similar scenario, however the balcony and light court are north facing and the balcony would have a minimum depth of 2.4 metres. The balcony of dwelling 9 would also overhang this balcony, but would be recessed 900mm. It is recommended that the current balcony locations for dwelling’s 9 and 10 are deleted, with these areas to remain as voids to allow adequate solar access for the balconies of dwelling’s 3 and 4 below. It is recommended that the second bedroom of dwelling’s 9 and 10 are deleted, with balconies provided in these locations. This will ensure that the first floor balconies will receive adequate solar access and will also aid the capacity of the abutting north and south lots to be further developed in the future.

The provision of clerestory windows to dwelling’s 16 and 7, and recommended clerestory windows to dwelling’s 9 and 10 will also improve overall internal amenity achieved.

An Ecologically Sustainable Development (ESD) Report was submitted which has provided an assessment of the development. The report utilised the Moreland STEPS assessment and First Rate 5 assessment, concluding that the dwellings will achieve an average star rating of 8, with the lowest rated dwelling being dwelling 4 with a rate of 7.4 stars. These ratings exceed building requirements, however the measures identified within the report to achieve high ratings are not reflected on the plans – such as clotheslines and nominating what water tanks will be used for. This is recommended to be rectified by a permit condition. This approach is also considered to be in keeping with



37

the energy and resource efficiency design principles contained with Clause 15.01-2 which promote more efficient use of resources and energy within buildings.

Design Detail: The building design proposed has addressed the long and narrow character of the site, providing good articulation to all elevations, including those to the north and south which may over time be obscured by development on abutting lots when/if they are further developed. The design will provide well integrated frontages to Mentone Parade and Old Bakery Lane. Subject to a condition to enclose the first floor east facing balconies of dwelling’s 1 and 2, this will provide a two storey hard edge to the street, enhancing the commercial presentation within the streetscape and complimenting the existing relatively low scale village character within Mentone Parade. Similarly, the orientation of balconies at upper levels to Old Bakery Lane are a good response to activate the laneway, providing important views between the public and private realm – including towards the Council owned public car park beyond the laneway. As has been previously discussed, the design detail at ground floor presenting to Old Bakery Lane requires improvements to activate this frontage at a pedestrian eye level. This will entail a more prominent pedestrian entry and a design feature to the roller shutter of the shop. The stepping in of balconies to the upper floors, with varied materials and architectural features incorporated into facades helps to break up the presentation of visual mass presenting to each respective street/laneway interface. The north and south elevations are highly articulated through the use of vertical elements such as feature columns and slats to the south elevation of the stairwell combined with bold architectural features such as a curved aluminium frame and textured concrete panels to provide for a visually interesting built form. These elements successfully break up massing presenting on these long façades. A fully detailed colour and materials schedule, including samples, is recommended to be provided by way of a permit condition with an encouragement for the use of light colour tones. The current materials schedule and elevations have not fully detailed materials and colours that would be employed, generally it would appear that lighter weight colours and materials would be used, however a condition can further clarify this. Element 6 - Open Space and Landscape Design New developments should contribute to the creation of private and public open spaces that are accessible, attractive, safe and comfortable for their users and to allow solar access to the private and shared open spaces of new high density residential units. New developments should integrate the design of shared and private open space into the overall building design and facade composition and to provide greenery for open spaces. In areas of higher residential development, residents and visitors will rely in part on public open space for relaxation, recreation and meeting places, therefore, access to adequate and safe public open spaces is essential for the well being of the whole community. Public open spaces need to be appropriate to the context of the development.

Private and Communal Open Space:



38

Each dwelling is provided with private open space in the form of a balcony. Dimensions vary between dwellings, with the majority exceeding the minimum required depth of 1.6 metres and total area of 8 square metres, with the exception of Dwelling 9. All proposed balconies are accessed from living areas. Whilst Clause 55 (ResCode) is not applicable to residential developments of four or more storeys, it provides a helpful benchmark to assess the adequacy of proposed balconies. The areas of private open space proposed are consistent with those required under Clause 55 (ResCode) of the Planning Scheme and generally exceed the requirements of ResCode, with the exception of Dwelling 9 – with a recommendation that this balcony is increased from 7.6 square metres to a minimum of 8 square metres by increasing its length. Where some balconies are proposed to be provided with a depth of 1.6 metres, it is recommended that minimum depths are increased to 1.8 metres to ensure that these areas are useable and have an adequate degree of amenity, with the exception of dwelling 9. The 1.6 metre width is considered adequate for dwelling 9 with regard to the balcony located below for dwelling 3. In order to maximise access to light, the balcony above to dwelling 9 should be recessed from the boundary line. Another recommended condition is that where any external air-conditioning/heating units are proposed to balconies that these are screened from view and located outside of the main useable areas of private open space. The proposed extent of site coverage does not allow for landscaped areas as ground level, however planter boxes are proposed to some balconies at the first and second floors, with two of these balconies oriented to the Mentone Parade frontage. At the ground floor planting is shown along part of the southern boundary of the pedestrian path; however this will not have access to daylight and plans should be amended to remove this landscaping. It is recommended that the external pathway is provided with permeable paving to decrease stormwater run off from the site.

12.3 Car Parking & Traffic

Under the provisions of Clause 52.06 of the Kingston Planning Scheme, the following car parking rates are applicable to the proposed development:

2 car parking spaces for each dwelling – 2 x 16 dwellings = 32 spaces Shop – 8 car spaces per 100 square metres of leasable floor area = 33 spaces

It is proposed to provide a total of eighteen (18) car spaces – allocating one (1) car space

to each dwelling, located within the basement, and two (2) car spaces for the shop at ground floor. It is noted that current conditions on the site do not provide customer car parking for the two existing shops.

Both State and Local Planning Policy Frameworks outline a goal for reducing reliance on car use as a significant strategy for providing for sustainable growth. As part of this goal, policies seek to encourage the location of residential and commercial development within activity centres, which are able to support lesser rates of on-site parking provision due to the availability of public transport. Mixed use development within these areas support



39

local populations being able to both live and work within their neighbourhood, and thus further reduce reliance on car travel. Another element of achieving a reduction in car reliance depends upon behavioural change to encourage the uptake of alternative modes of travel. It is considered that where developments are appropriately located, with good access to public transport, that a reduction in on-site car parking can encourage residents, visitors and staff to seek alternatives to car use. It is accepted that the parking rates specified within ResCode provide a better benchmark of parking requirements for developments of four or more storeys. The application of ResCode parking rates in these circumstances is accepted by Councils and the Victorian Civil and Administrative Tribunal (VCAT), and more accurately reflects the smaller households which generally occupy apartment style developments. This approach is also consistent with the Advisory Committee Report (dated August, 2007) for the Review of Parking Provisions in the Victoria Planning Provisions (Clause 52.06) which has recommended that Clause 52.06 is amended to adopt ResCode residential parking rates. In this instance the proposal would meet the requirement to provide all dwellings with one (1) car space. The application does not provide any visitor car parking. If Clause 55 were to be used as a benchmark, 3 visitor spaces would be required. The proposal has sought to rely upon the availability of on-street parking and the public car park located to the rear of the site to provide both visitor car parking and customer car parking. A traffic report prepared by O’Brien Traffic, dated 15 April 2011 was submitted with the application. An inventory of parking within 250 metres walking distance of the site found approximately 285 car spaces. The report has provided details of parking surveys that were conducted earlier this year on Tuesday 8 February at 12.30pm, Friday 11 February at 6pm and Saturday 12 February at 11am. The parking surveys found vacancy rates varying between 22% and 65%, with greater availability after business hours, which are generally the times where visitation rates to dwellings are higher. The availability of on and off-street parking, particularly with regard to the public car park to the rear of the site, is able to meet the needs of visitors to the site. Similarly, the proposed car parking reduction in relation to the shop is considered satisfactory. The current shop does not provide customer parking, with customers of the green grocers using on-street parking or the public car park off Old Bakery Lane. This continued arrangement will meet the likely parking demand generated by the proposal. The traffic report provided information relating to surveys of shops undertaken by O’Briens, which showed a typical peak parking demand of 3-4 spaces per 100 square metres, compared to the rate of 8 per 100 square metres specified by Clause 52.06. This would equate to a requirement for the subject site of 13 spaces, with typically 20% required for staffing (2.6 spaces). The provision of two car spaces to the rear of the site for this purpose is deemed suitable for the likely number of staff members for the shop. As outlined above, the continued arrangement of not providing customer car parking onsite is satisfactory, with adequate car parking available nearby. Council’s Traffic Engineers expressed concerns regarding the provision of car stackers within the basement, and no customer parking provided on the subject site. For the



40

reasons outlined above, as a continued condition, reliance on off-site parking for customers is considered appropriate. In relation to the car stackers, concerns appear to primarily relate to issues around maintenance and servicing. It is noted that stackers are becoming a common occurrence, with Council approving developments which have sought to provide all or a percentage of car parking within stackers. As with any mechanical equipment within a development, requirements for service and maintenance are matters to be dealt with by residents and owners corporations. The low number of dwellings and cars for the development, in combination with an increased likelihood of residents using public transport for daily trips to work, all amount to a probable small number of trips generated. The traffic report has estimated the shop and dwellings generating up to 10 trips to/from the site in any hour, with up to 8 trips in each of the morning and evening peak travel hours. This level of traffic is quite moderate and able to be absorbed within the local road network.

12.4 Vehicle Loading & Unloading It is proposed to provide a small loading bay within the rear of the shop which does not satisfy the dimensions specified within Clause 52.07. Plans also indicate a shared parking and loading area towards the rear of the site. It is proposed that the shop at ground level will continue to be used by a green grocer, with deliveries to the site usually performed by small vans. The use of the internal loading bay would also impinge on the two car parking spaces, however as the allocation of parking is to the shop it is considered a manageable arrangement and can be planned for on the days that deliveries take place. Council’s Traffic Engineers did not object to the proposed reduction of the loading requirements.

12.5 Bicycle Facilities It is proposed to provide eighteen (18) bicycle spaces within the basement exceeding the requirement to provide four (4) resident spaces and one (1) visitor space. The proposal would provide a minimum of one to each dwelling and two for visitors and is considered a good outcome.

13.0 RESPONSE TO GROUNDS OF OBJECTIONS

13.1 Building height, visual bulk and neighbourhood character The proposal meets the current height controls which apply to the front half and rear half of the site under Schedule 18 of the Design Development Overlay. The three storey built form proposed to the front of the site, will have an overall height which is comparable to existing built form within Mentone Parade which can be found opposite the site at Kilbreda College and on the west side of Mentone Parade at No. 107 Mentone Parade. Whilst the proposed rear half of the building meets the height controls of DDO18, it does exceed the four storey height control which is contemplated in the



41

Mentone Structure Plan. The structure plan does not form part of the Planning Scheme, but has attained the status of a ‘seriously entertained’ document. As previously discussed in this report, the proposal is considered to be largely consistent with the objectives contained within the Plan, with the exception of the fifth storey element to the rear of the building. Greater weight is given to the current planning controls, but regard is also given to the overall design of the building which incorporates a good degree of articulation to break up the appearance of bulk, and provides a substantial setback (over 26 metres at the fourth and fifth floors) from Mentone Parade of the proposed higher built form.

13.2 Overshadowing of the Council owned car park to the rear of the site Overshadowing of the car park to the rear of the site is not considered to be a detrimental impact. The shadowing that does occur is in the morning, to a small portion of the car park which quickly reduces throughout the morning, with no overshadowing at midday.

13.3 Car parking and traffic The provision of one (1) car space per dwelling is considered sufficient, with each of the apartments comprised of two bedrooms. The proposal does not provide for visitor car parking, however in consideration of the site’s location within an Activity Centre, and the availability of car parking within proximity of the subject site, this is considered satisfactory. The parking reduction sought for the shop (green grocers) is also considered satisfactory, with the provision of two (2) car parking spaces for staff suitable and commensurate with the current provision of parking for the existing green grocers. The existing green grocers does not provide customer parking, and this condition is proposed to be continued with the new green grocers. The availability of car parking in the locality is considered suitable to meet the needs of customers. As previously discussed, the low number of dwellings, combined with proximity to public transport it is not considered that the traffic generated by the proposal is likely to have a significant impact. The information presented in the submitted traffic report has provided an estimate of 8 trips in each of the morning and evening peak travel hours, which is relatively modest, and is considered acceptable.

13.4 Wind tunnel impacts on Mentone Parade and the car park to the rear The proposal will entail a three storey built form on Mentone Parade, with the proposed height matching existing heights within the streetscape. It is not noted that there are current wind impacts with the existing conditions on Mentone Parade.



42

The pattern of lots, overall built form at the rear of sites presenting to Old Bakery Lane and the proposal are considered unlikely to create a wind tunnel effect to Old Bakery Lane or impact on the car park.

14.0 CONCLUSION: 14.1 For reasons discussed within this report, it is submitted that the proposal be supported

subject to the adoption of the recommended permit conditions to ensure that the proposed development achieves a high quality design, achieves good internal amenity as well as responding appropriately to the site and its immediate interfaces.

14.2 The proposed development is considered appropriate for the site as evidenced by:

The design and siting of the proposed development to be compatible with the surrounding area;

Suitability of the site for higher density mixed use development having regard to the policy context and applicable planning provisions;

In general, acceptability of the built form of the proposed development, specifically in regard to height;

Consideration of any external amenity impacts; Adequacy of internal amenity subject to conditions; Consideration of the provision of car parking (to dwellings and shop) and traffic

related matters, subject to conditions; The proposal generally satisfies the requirements of the Kingston Planning

Scheme, including the State and Local Planning Policy Framework, Business 1 Zone, the relevant Particular Provisions and Clause 65 - Decision Guidelines (subject to appropriate conditions).

15.0 On balance and subject to the inclusion of suitable conditions, the proposal is considered

reasonable and warrants support.

STATUS:

SCALE:

CHECKED BY:

DRAWN BY:

AS SHOWN @ A1

MB

DVREVISION:

C

CLIENT(S):

Town Planning

Ben Chen & Jing Chen

PROJECT:

Proposed New Development101-103 A Mentone Pde

MentoneDATE:

JOB NUMBER:

Sept 2011

20100135

SHEET NUMBER:

OF05

15

DO NOT SCALE DRAWINGS, USE WRITTEN DIMENSION ONLY. THE

OWNER/BUILDER, SUBCONTRACTOR SHAL VERIFY ALL DIMENSIONS,

LEVELS, SETBACKS AND SPECIFICATIONS PRIOR TO COMMENCMENT OF

ANY WORKS OR ORDERING OF MATERIALS & SHALL BE RESPONSIBLE FOR

ENSURING THAT ALL BUILDING WORKS CONFORM TO THE BUILDING CODE

OF AUSTRALIA, A.S. CODES (CURRENT EDITION) BUILDING REGULATIONS,

LOCAL BY-LAWS AND TOWN PLANNING REQUIREMENTS. REPORT ANY

DISCREPENCIES TO THIS OFFICE FOR CLARIFICATION

No. DATE: ITEM:

THIS PLAN IS THE PROPERTY OF ADG PTY. LTD AND ISSUBJECT TO COPYRIGHT. IT IS NOT TO BE COPIED OR VARIED

IN WHOLE OR IN ANY PART WITHOUT WRITTEN CONSENT.

DP-AD571

©ADG Pty. Ltd 2005

level 33 bowen cres

melbourne. victoria. 3004

p: 03 9867 6111f: 03 9866 7655

e. [email protected] adg.com.au

J:\2010\20100135 101-103A Mentone Pde MENTONE\Documentation\3_Town Planning\Current\20100135-TP-080911-C.pln

535.85 m2

3,60

0

6,42

0

3,000

7,06

0

4,59

1

2,600 2,600 2,800

10,783

5,36

3

4,900

5,51

3

4,000 16,078

3,900

2,42

3

3,000 2,840

3,00

02,

600

2,90

0

2,04

6

9,128 18.67 m2PROPOSED KLAUS P210, 2,0/345 CARSTACKING SYSTEM, FORAPARTMENTS 5,6 & 7,8, 9,10 & 11 ETC.

PROPOSED 2.0 mtr.LINE OF TURNINGRADIUS

BOLLARDS

600 x 1500Aluminium LouveredVentilation Grills

PROPOSEDUNDERGROUNDWATER STORAGE12,000 LT,Min.

150mm STEP UP TO PODIUM &ALTERNATIVE SURFACETREATMENT TO BE PROVIDED,FOR SAFETY BETWEENPODIUM & VEHICLEMOVEMENTS

REFER TO TRAFFIC ENGINEERSREPORT FOR VEHICLE REVERSINGSWEPT PATHS RECOMMENDATIONSFOR SPACES 16 &14

FFL:13.25 RLUNDER GROUND CARPARK

FFL:13.40RL

16

83°52 ' 21 .12 83°44' 33.92173°27'

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16.92

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17.

1. 2. 3.

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STORE2

6.0m3

STORE1

6.0m3

STORE3

6.0m3

STORE4

6.0m3

STORE5

6.0m3

STORE6

6.0m3

STORE7

6.2m3

STORE11

6.0m3STORE

136.0m3

STORE14

6.0m3

STORE15

6.0m3

MECHANICALPLANT AREA

4.9 x 2.6 CARSPACE

9 &10

16.

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LIFT

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Area to acommondate 15 x 240L bins, 10 x Recycling& 5 for GarbageWATER TANK

WATER TANK

PODIUM

WALL LEGEND:EXISTING WALLS

PROPOSED WALLS

BASEMENT FLOOR PLAN1:1001

TREE LEGEND

PROPOSED TREE

EXISTING TREETO BE REMOVED

EXISTING TREETO BE RETAINED

STATUS:

SCALE:

CHECKED BY:

DRAWN BY:

AS SHOWN @ A1

MB

DVREVISION:

C

CLIENT(S):

Town Planning


PROJECT:


MentoneDATE:

JOB NUMBER:

Sept 2011

20100135

SHEET NUMBER:

OF06

15









No. DATE: ITEM:



DP-AD571

©ADG Pty. Ltd 2005

level 33 bowen cres


p: 03 9867 6111f: 03 9866 7655




PROPOSED WALLS

C

13,907 41,155

3,03

512

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4,39

0

3,22

5

4,432

1,50

0

4,000 10,321

4,313 6004,430

6005,181

41,467

991

419.27 m2

105.13 m2

KEY PADSECURITYENTRY

GLAZEDROOF OVER

GLAZEDROOF OVER

PROPOSEDPLANTINGAREA

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PROPOSED ROLLER UP GRILLS,WITH REMOVABLE MULLION, TOPROVIDE OPEN CONORD FEELTO FRUIT SHOP.

WALL ON BOUNDARY

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16

16

83°52 '21 .12 83°44' 33.92173°27'

15.09

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0°00

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8 .95

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18.66

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16.2516.40

16.46

16.5916.57

TELS

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16.4

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16.41

16.48

16.36

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16.54

16.64

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16.92

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19.9

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22.2

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FFL:16.55 RL

FFL:16.55 RL

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FFL:16.55 RLOLD

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4.9 x 3.0 CARSPACE 4.9 x 3.0 CARSPACE

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ENTRYFOYER

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PAINTED CONCRETE

PAINTED CONCRETE C

GROUND FLOOR PLAN1:1001

TREE LEGEND

PROPOSED TREE



STATUS:

SCALE:

CHECKED BY:

DRAWN BY:

AS SHOWN @ A1

MB

DVREVISION:

C

CLIENT(S):

Town Planning


PROJECT:


MentoneDATE:

JOB NUMBER:

Sept 2011

20100135

SHEET NUMBER:

OF07

15









No. DATE: ITEM:



DP-AD571

©ADG Pty. Ltd 2005

level 33 bowen cres


p: 03 9867 6111f: 03 9866 7655




PROPOSED WALLS

102.45 m2

70.98 m2

74.53 m2

C

C

C

C

76.99 m2

78.44 m2

F/L W/M

F/L W/MF/L W/M

F/L W/M

F/L W/M

F/L W/M

1,9391,600 1,

300

1,00

0

2,355

1,86

8

1,36

6

2,704

10,745

21,086

3,6833,485

2,8573,249

1,645 10,600 3,190 6,475 3,190 3,090 165 4,500 165 3,925 3,460 3,015 9,645 1,939

2,215

1,00

01,

400

2,42

5

2,2871,97

5

12.34 m2

11.91 m2

8.11 m2

9.88 m2

101.95 m2

48.37 m2

8.70 m2

10.91 m2

L'DRY

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STORAGE

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FFL:20.00 RL

FFL:20.00 RL

FFL:20.00 RL

FFL:20.00 RL

Rob

e

ENTRY

FFL:20.00 RL

Robe

RobeOLD

BAK

ERY

LAN

E

LIGHT COURT

Rob

e

A

A

1,43

5

B B

FIXED OBSCUREGLAZING.


1700mm HIGH GLAZEDBALUSTRADE BEHIND,PLANTERBOX

KITCHEN

KITCHEN

KITCHEN

KITCHEN

MEALSKITCHEN

Desk

Desk

Desk

Desk

BALCONY

BALCONY

MEALS

MASTERBED BEDROOM

LIVING

LIVING

BATHENS

BALCONY

MEALS

MASTERBED

MASTERBED

MASTERBEDBATHBATH

BEDROOM

BEDROOM

BALCONY

BALCONY

MEALS

MEALS

CORRIDOR

CORRIDOR

FOYER

APT. 1

APT. 2

APT. 3APT. 5

APT. 6

MIN.

MIN

.

BEDROOM

83°52 ' 21 .12 83°44' 33.92173°27'

15.09

56 .46

270°04 '

0°00

'8 .

95

76.9618.66

20.05

16.2516.40

16.46

16.59

TELSTRA P

ITTELSTR

A PIT

TELSTRA P

IT

16.4

7

16.41

16.48

16.36

ELE

CTR

ICITY

PO

LE

PARAPET21.0

16.54

16.64

16.55

16.5516.61

16.92

16.78

18.70

H3.5

TA

T.B.M.


GA

S &

FUE

L

MA

RK

ER

TATA

INV

ER

T OF C

ON

CR

ETE

KE

RB

SIGN

PARAD

EM

EN

TON

E

FIXE

D B

EN

CH

CAR

SPAC

E

BRICK SHOP

SINGLE STOREY


/W

GUTTERING

20.3

GUTTERING

20.3GUTTERING

20.3

GUTTERING

19.9

16.80

16.79

16.77

16.78

GUTTERING20.2

RIDGELINE

22.2

CAR

SPAC

E

C

ARR

IAG

EWAY

E

ASEM

ENT

3

.66m

W

IDE

VER

AND

AH

CONCRETEPARKING

GRAVELPARKING

WW

WW

H/W

WW

WW

H/W

BRINDISI STREET

3.05

AWN

ING

WW

WW

PALINGS

3.2 x 2.9

3.5 x 3.04.2 x 3.0

3.4 x 3.0

3.0 x 3.0

4.0 x 3.0 4.0 x 3.0

3.0 x 3.0

Desk

UPDNLIFT KITCHEN

APT.4

Desk

MASTERBED3.7 x 3.7

BALCONYMASTERBED

APT. 8

BEDROOM4.0 x 2.9

4.1 x 3.0

BATH

LIVING

LIVING

LIVING

BATH

MEALS

WC

BATH

FIRST FLOOR PLAN1:1001

TREE LEGEND

PROPOSED TREE



STATUS:

SCALE:

CHECKED BY:

DRAWN BY:

AS SHOWN @ A1

MB

DVREVISION:

C

CLIENT(S):

Town Planning


PROJECT:


MentoneDATE:

JOB NUMBER:

Sept 2011

20100135

SHEET NUMBER:

OF08

15









No. DATE: ITEM:



DP-AD571

©ADG Pty. Ltd 2005

level 33 bowen cres


p: 03 9867 6111f: 03 9866 7655




PROPOSED WALLS

77.14 m2

73.22 m2

76.23 m2

82.58 m2

C

C

C

76.32 m2

82.71 m2

F/L W/M

F/L W/MF/L W/M

F/L W/M

F/L W/M

F/L W/M

8.10 m2

900

1,700 1,00

0

1,00

0

1,00

01,

400

1,900 10,345 3,190 6,475 3,190 3,255 4,929 7,121 3,015 6,682 5,000

2,888

10,483

10,693

10,399

3,6823,479

2,8593,250

3,4945,249

1,287 1,700

901

965

1,63

4

2,800

3,02

5

900

1,60

0

2,28

8

1,97

5

11.50 m2

12.69 m2

7.61 m2

8.12 m2

48.37 m2

8.53 m2

Robe

Rob

e

Rob

e

Rob

e

Rob

e

FFL:23.95 RL

WCWC


LIGHT COURT

LIGHT COURT

83°52 ' 21 .12 83°44' 33.92173°27'

15.09

56 .46

270°04 '

0°00

'8 .

95

76.9618.66

20.05

16.2516.40

16.46

16.59

TELSTRA P

IT

16.4

7

16.41

16.48

16.36

ELE

CTR

ICITY

PO

LE

PARAPET21.0

16.54

16.64

16.55

16.5516.61

16.92

16.78

18.70

H3.5

GA

S &

FUE

L

MA

RK

ER

TA

INV

ER

T OF C

ON

CR

ETE

KE

RB

SIGN

FIXE

D B

EN

CH

CAR

SPAC

E

BRICK SHOP

SINGLE STOREY


/W

GUTTERING

20.3

GUTTERING

20.3GUTTERING

20.3

GUTTERING

19.9

16.80

16.79

16.77

GUTTERING20.2

RIDGELINE

22.2

CAR

SPAC

E

CAR

RIA

GEW

AY

EAS

EMEN

T

3.6

6m

WID

E

VER

AND

AH

CONCRETEPARKING

GRAVELPARKING

WW

WW

H/W

WW

WW

H/W

BRINDISI STREET

3.05

AWN

ING

WW

WW

PALINGS

PARAD

EM

EN

TON

E

T.B.M.


Robe

Robe

Rob

e FFL:23.15 RL

FFL:23.15 RL

FFL:23.15 RL

FFL:23.15 RL

FFL:23.15 RL

FFL:23.15 RL

PLA

NTE

R B

OX

PLA

NTE

R B

OX

PLANTER BOX

PLANTER BOX

OLD

BAK

ERY

LAN

E

HILITE WINDOW OVER

Robe

Rob

e

ENTRY

HILITE WINDOW OVER

A

A

B B


KITCHEN

KITCHEN

KITCHEN

KITCHEN

MEALSKITCHEN

Desk

Desk

Desk

BALCONY

BALCONY

MEALS

MASTERBED

MASTERBED

M.P.R

LIVING

LIVING

BATHENS

MEALS

MASTERBED

MASTERBED

MASTERBEDBATH

BATH

BEDROOM

BEDROOM

BALCONY

BALCONY

MEALS

MEALS

APT. 7

APT. 8

APT. 9

APT.10

APT. 11

APT. 12CORRIDOR

FOYER

MIN

.MIN.

UPDN

BEDROOM

BEDROOM

4.0 x 3.0

3.0 x 3.0

3.2 x 2.9

3.4 x 3.0

3.0 x 3.0

4.0 x 3.0 4.0 x 3.0

3.0 x 3.0

LIFT

3.0 x 2.9

4.2 x 3.0

3.0 x 2.9

4.1 x 3.0

LIVING

LIVING

LIVING

Desk

MEALS

Des

k

MASTERBED3.7 x 3.7

BATHKITCHEN

BALCONY

BATHWC

BATH

SECOND FLOOR PLAN1:1001

TREE LEGEND

PROPOSED TREE



STATUS:

SCALE:

CHECKED BY:

DRAWN BY:

AS SHOWN @ A1

MB

DVREVISION:

C

CLIENT(S):

Town Planning


PROJECT:


MentoneDATE:

JOB NUMBER:

Sept 2011

20100135

SHEET NUMBER:

OF09

15









No. DATE: ITEM:



DP-AD571

©ADG Pty. Ltd 2005

level 33 bowen cres


p: 03 9867 6111f: 03 9866 7655



106.16 m2

83.07 m2

83°52 ' 21 .12 33.92173°27 '15 .09

56.46

270°04 '

0°00

'8 .

95

76.9618.66

20.05

16.2516.40

16.46

16.59

TELSTRA P

IT

16.4

7

16.41

16.48

16.36

PARAPET21.0

16.64

16.55

16.5516.61

16.92

16.78

18.70

H3.5

GA

S &

FUE

L

MA

RK

ER

TA

INV

ER

T OF C

ON

CR

ETE

KE

RB

SIGN

FIXE

D B

EN

CH

CAR

SPAC

E

BRICK SHOP

SINGLE STOREY


/W

GUTTERING

20.3

GUTTERING

20.3GUTTERING

20.3

GUTTERING

19.9

16.80

16.79

16.77

16.78

GUTTERING20.2

RIDGELINE

22.2

CAR

SPAC

E

VER

AND

AH

CONCRETEPARKING

GRAVELPARKING

WW

WW

H/W

WW

WW

H/W

3.05

AWN

ING

WW

WW

PALINGS83°44'

173°27 '15 .09

0 °00

'8 .

95

76.9618.66

20.05

16.2516.40

16.46

16.59

TELSTRA P

IT

16.4

7

16.41

16.48

16.36

PARAPET21.0

16.64

16.55

16.5516.61

16.92

16.78

18.70

H3.5

GA

S &

FUE

L

MA

RK

ER

TA

INV

ER

T OF C

ON

CR

ETE

KE

RB

SIGN

FIXE

D B

EN

CH

CAR

SPAC

E

BRICK SHOP

SINGLE STOREY


/W

GUTTERING

20.3

GUTTERING

20.3GUTTERING

20.3

GUTTERING

19.9

16.80

16.79

16.77

16.78

GUTTERING20.2

RIDGELINE

22.2

CAR

SPAC

E

CAR

RIA

GEW

AY

EAS

EMEN

T

3.6

6m

WID

E

VER

AND

AH

CONCRETEPARKING

GRAVELPARKING

WW

WW

H/W

WW

WW

H/W

BRINDISI STREET

3.05

AWN

ING

WW

WW

PALINGS

C

C

C C

F/L W/MF/L W/M

2,297

13,872

10,331

2,999

3,018 2,468 6,720 3,190 6,475 4,465

2,21

9 4,02

4

1,00

0

1,00

0

1,38

9

2,058981

2,396

26,148

2,07

5

1,48

4

10.50 m2

8.71 m2

16.88 m2

20.42 m2


TERRACEBELOW

PARAD

EM

EN

TON

E

T.B.M.


LIGHT COURT

TERRACEBELOW

LIGHT COURT

ROBE

ROBE ROBE

L'DRY ENTRY

WC

BATH

ENTRYSTORAGE

L'DRY

STORAGE

ROBE

ROBE ROBE

L'DRY ENTRY

WC

ENTRYSTORAGE

L'DRY

STORAGE

BALCONYBELOW

BALCONYBELOW

BALCONYBELOW

BALCONYBELOW

OLD

BAK

ERY

LAN

E

FFL:26.40 RL

RO

BE

SHR.

A

A

B B

1,86

6

DASHED LINE OFCLERESTORY HILITEWINDOW BELOW

BALCONY

UPDN

CORRIDORKITCHEN

BALCONY

BUILDING SETBACK

DN

BU

ILD

ING

SE

TBA

CK

BUILDING SETBACK

BATH

KITCHEN

Desk Desk

LIFT

MASTERBEDBEDROOM

3.2 x 3.82.9 x 3.4

MEALSAPT. 14

2.6 x 3.8MASTERBED

BEDROOM3.2 x 2.8

LIVING

MEALSLIVING

BATH

Desk Desk

BEDROOM2.9 x 3.4

MEALS

APT. 13

2.6 x 3.8MASTERBED

BEDROOM3.2 x 2.8

LIVING

KITCHEN

MEALS

BALCONY

WALL LENGHT ON BOUNDARY

ENS


PROPOSED WALLS

THIRD FLOOR PLAN1:1001

TREE LEGEND

PROPOSED TREE



STATUS:

SCALE:

CHECKED BY:

DRAWN BY:

AS SHOWN @ A1

MB

DVREVISION:

C

CLIENT(S):

Town Planning


PROJECT:


MentoneDATE:

JOB NUMBER:

Sept 2011

20100135

SHEET NUMBER:

OF10

15









No. DATE: ITEM:



DP-AD571

©ADG Pty. Ltd 2005

level 33 bowen cres


p: 03 9867 6111f: 03 9866 7655



100.41 m2

77.76 m2

83°52 ' 21 .12 83°44' 33.92173°27 '15 .09

56.46

270°04 '

0°00

'8 .

95

76.9618.66

20.05

16.2516.40

16.46

16.59

TELSTRA P

IT

16.4

7

16.41

16.48

16.36

PARAPET21.0

16.54

16.64

16.55

16.5516.61

16.92

16.78

18.70

H3.5

GA

S &

FUE

L

MA

RK

ER

TA

INV

ER

T OF C

ON

CR

ETE

KE

RB

SIGN

FIXE

D B

EN

CH

CAR

SPAC

E

BRICK SHOP

SINGLE STOREY


/W

GUTTERING

20.3

GUTTERING

20.3GUTTERING

20.3

GUTTERING

19.9

16.79

16.77

16.78

GUTTERING20.2

RIDGELINE

22.2

CAR

SPAC

E

CAR

RIA

GEW

AY

EAS

EMEN

T

3.6

6m

WID

E

VER

AND

AH

CONCRETEPARKING

GRAVELPARKING

WW

WW

H/W

WW

WW

H/W

BRINDISI STREET

3.05

AWN

ING

WW

WW

PALINGS

B

C

C

F/L W/MF/L W/M

9,331

3,999

1,00

0

1,00

0

2,500

1,21

3

1,900 2,163 1,462 6,720 3,190 6,475 33,113

2,06

7

1,40

0

1,974 2,091

1,390

26,625

3,84

9

4,189

2,07

5

A

A

6.51 m2

18.26 m2

9.94 m2

20.42 m2

LIGHT COURT

TERRACEBELOW

TERRACE BELOW

LIGHT COURT

ROBE

ROBE ROBE

L'DRY ENTRY

WC

ENTRY

RO

BE

STORAGE

L'DRY

STORAGE

BALCONYBELOW

BALCONYBELOW

BALC

ON

Y B

ELO

W

BALC

ON

Y B

ELO

W

BALC

ON

Y BE

LOW

PARAD

EM

EN

TON

E

T.B.M.


OLD

BAK

ERY

LAN

E

FFL:29.55 RL

BATH

WC

SHR.

LIGHT COURT

B B

DASHED LINE OFCLERESTORYWINDOW OVER

DASHED LINE OFHILITE WINDOWBELOW

CORRIDORKITCHEN

BALCONY

BUILDING SETBACK

BU

ILD

ING

SE

TBA

CK

DN

BALCONY

KITCHEN

Desk Desk

LIFT

MASTERBEDBEDROOM

3.2 x 3.8 2.9 x 3.4

ENS

MEALSAPT. 16

2.6 x 3.8MASTERBED

BEDROOM3.2 x 2.8

LIVING

MEALSLIVING

BALCONY

APT. 15

WALL LENGHT ON BOUNDARY

BUILDING SETBACK

BATH

BATH


PROPOSED WALLS

FOURTH FLOOR PLAN1:1001

TREE LEGEND

PROPOSED TREE



STATUS:

SCALE:

CHECKED BY:

DRAWN BY:

AS SHOWN @ A1

MB

DVREVISION:

C

CLIENT(S):

Town Planning


PROJECT:


MentoneDATE:

JOB NUMBER:

Sept 2011

20100135

SHEET NUMBER:

OF11

15









No. DATE: ITEM:



DP-AD571

©ADG Pty. Ltd 2005

level 33 bowen cres


p: 03 9867 6111f: 03 9866 7655



Third FCL RL 29.10

Third FFL RL 26.40

Second FFL RL 23.25

First FFL RL 20.20

Ground FCL RL 19.75

Ground FFL RL 16.65

Basment FFL RL 13.25

First FCL RL 22.80

3,20

02,

700

2,70

02,

700

3,00

0

Second FCL RL 25.95

Basment FCL RL 16.45

17,1

00

9,80

0 O

VER

ALL

HEI

GH

T

3,10

0

3,45

04,35

0

7,50

0

20.84

22.34

2,70

0

Fourth FFL RL 29.55

Fourth FCL RL 32.25

17,1

77

3,00

060

0

4,700

1,60

0

1,10

0

1,00

01,

000

2,05

9

1,70

0

BO

UN

DA

RY

LIN

E

CAR PARK

MENTONEPARADE

BO

UN

DA

RY

LIN

E

WALL ON BOUNDARY

WALL O

N BOUNDARY

WALL

ON B

OUNDARY

PC-RM

19,000 Approx.

1000

1,00

0

ADJOINING BUIDLING SHOWNDASHED FOR CLARITY

GROOVEDARCHITECTURALFEATURE TOPRECAST PANEL

SELECT ACRYLIC TROWLED ONRENDER, 'WHITE'

ALUMINUM FEATUREFRAME,

SMOOTH RENDER'GNU TAN' INCOLOUR.

COLORBOND SHEET ROOFING @ 3°AS SELECTED - JASPER IN COLOUR

SELECT GLASSBALUSTRADE



ARCHITECTURALFEATURE FRAME TOPRECAST PANEL

GROOVEDARCHITECTURALFEATURE TOPRECAST PANEL


WALL ON BOUNDARY

RM

RL

RL

ST

ST

RM

ST

ST

RD

RM

RL

CL

RD STPC-RM

RD

RL

ST

RM

RM

RL

RL

ST

ST

C

C

22.71

21.80

22.71

MORAN & CATO

BO

UN

DA

RY

LIN

E

BO

UN

DA

RY

LIN

E

101 -103 MENTONE PDESUBJECT SITE

BO

UN

DA

RY

LIN

E

BO

UN

DA

RY

LIN

E

BO

UN

DA

RY

LIN

E

BO

UN

DA

RY

LIN

E

SOUTH ELEVATION1:1001

STREETSCAPE ELEVATION1:1002

FINISHES LEGEND

COLOURBONDOCEAN BLUE

DULUX "STONEWHITE"

DULUX- "HOGBRISTLE"

DULUX- "MALAYGREY"

ALEVCA BOLD MATTSILVER

CR

RL

RM

RD

AB

SUPERSLAT "BATTENGREY"

SS

STRAMITARCHITECTURALCLADDING SILVER

ST

STATUS:

SCALE:

CHECKED BY:

DRAWN BY:

AS SHOWN @ A1

MB

DVREVISION:

C

CLIENT(S):

Town Planning


PROJECT:


MentoneDATE:

JOB NUMBER:

Sept 2011

20100135

SHEET NUMBER:

OF12

15









No. DATE: ITEM:



DP-AD571

©ADG Pty. Ltd 2005

level 33 bowen cres


p: 03 9867 6111f: 03 9866 7655



C

C

Third FFL RL 29.55

Third FFL RL 26.40

Second FFL RL 23.25

First FFL RL 20.20

Ground FCL RL 19.75

Ground FFL RL 16.65


First FCL RL 22.80

3,20

02,

700

2,70

02,

700

3,00

0

Second FCL RL 25.95


3,45

0

3,20

0

9,75

0

3,00

060

0

9,40

010,3

66

9,30

0

RL. UNDERSIDE ADJOINING AWNING 19.64

Fourth FFL RL 32.25

4,700

MENTONEPARADE

BO

UN

DA

RY

LIN

E

BO

UN

DA

RY

LIN

E

CAR PARK

WALL ON BOUNDARY

WALL O

N BOUNDARY

WALL ON BOUNDARY

WAL

L O

N B

OU

ND

ARY

WALL ON BOUNDARY

PC-RMST

ST

RDST

ST

ST

ST

ST

RL

ST

ST

ST

RM

RM

PC-RM

PC-RM

RDRL

RM

22.70

2,000 14,050 4,000

2,20

0ADJOINING BUILDING SHOWNDASHED FOR CLARITY



ALUMINUM FEATUREFRAME,

NEW 1800mm HIGHTIMBER FENCE

SMOOTH RENDER

20mm DEEP RECESS INWALL, WITH TEXUREDINSERT PANEL

TEXURED PANELGROOVEDARCHITECTURALFEATURE TOPRECAST PANEL

ARCHITECTURALFEATURE FRAME TOPRECAST PANEL

LINE OF BASEMENT BELOW

RDRD

1:12 RAMP DOWN

1:5 RAMP DOWN

1:8 RAMPDOWN

C

Third FCL RL 29.10

Third FFL RL 26.40

Second FFL RL 23.25

First FFL RL 20.20

Ground FCL RL 19.75

Ground FFL RL 16.65


First FCL RL 22.80

3,20

02,

700

2,70

03,

000

Second FCL RL 25.95


2,70

0

5,206

1,872

2,70

0

Fourth FFL RL 29.55

Fourth FFL RL 32.25

16,4

28

BO

UN

DA

RY

LIN

E

BO

UN

DA

RY

LIN

E

FRUIT SHOPFRUIT SHOP

G

RM

PC-RM

PC-R

M

PC-R

M

PC-RM

RL

RD

3,00

060

0

11,1

51

10,3

66

SELECT ALUCOBONDCLADDING TOBALUSTRADE &SOFFIT

POWDER COATEDMETAL FEATURECOLUMNS,




CERAMIC TILE 400 x 200TYPICAL GRANITE GREYGLOSS OR SIMILAR

SUPER SLAT BATTENFEATURE OVERWALL,GREY

FEATURE PLANTERBOX

FEATURE PLANTERBOX

LINE OF BASEMENT BELOW

BUILDING SETBACK

BALCONYSETBACK

ABRL

Third FCL RL 29.10

Third FFL RL 26.40

Second FFL RL 23.25

First FFL RL 20.20

Ground FCL RL 19.75

Ground FFL RL 16.65


First FCL RL 22.80

3,20

02,

700

2,70

02,

700

3,00

0

Second FCL RL 25.95


16,1

00

10,0

00

4,35

0

7,50

0

10,7

50

20.84

3,00

0

Fouth FFL RL 29.55

Fouth FFL RL 32.25

2,70

0

BO

UN

DA

RY

LIN

E

BO

UN

DA

RY

LIN

E

FRUIT SHOP

RAMP DOWN TOBASEMENT,BEHIND ROLLERDOOR


POWDER COATEDMETAL FEATURECOLUMNS,

SMOOTH RENDER'GNU TAN' INCOLOUR.


RL

RL

RL

RL

RL

RD

RL

RD

RL

RL

RD

PC-RD

C

RD

NORTH ELEVATION1:1001

EAST ELEVATION1:1002

WEST ELEVATION1:1003

STATUS:

SCALE:

CHECKED BY:

DRAWN BY:

AS SHOWN @ A1

MB

DVREVISION:

C

CLIENT(S):

Town Planning


PROJECT:


MentoneDATE:

JOB NUMBER:

Sept 2011

20100135

SHEET NUMBER:

OF13

15









No. DATE: ITEM:



DP-AD571

©ADG Pty. Ltd 2005

level 33 bowen cres


p: 03 9867 6111f: 03 9866 7655



Third FFL RL 26.40

Second FFL RL 23.25

First FFL RL 20.10

Ground FCL RL 19.75

Ground FFL RL 16.65


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Second FFL RL 23.25

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Ground FCL RL 19.75

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CLIENT(S):

Town Planning


PROJECT:


MentoneDATE:

JOB NUMBER:

Sept 2011

20100135

SHEET NUMBER:

OF14

15









No. DATE: ITEM:



DP-AD571

©ADG Pty. Ltd 2005

level 33 bowen cres


p: 03 9867 6111f: 03 9866 7655



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FINISHES LEGEND:

SHADING REPRESENTSSHADOW CAST BYEXISTING BOUNDARYFENCE

SHADING REPRESENTSPROPOSED SHADOWCAST BY NEWDEVELOPMENT



1

PC 6 No. 235 – 237 Wickham Road, Moorabbin – Planning Permit Application No. KP-166/11

Executive Summary Application No KP-166/2011 Land 235 – 237 Wickham Road, Moorabbin Proposal Nine (9) Dwellings Permit Trigger Construct two or more dwellings on a lot Existing Site Conditions Vacant – informal car park Applicant Real Estate Concepts c/- Keen Planning Services Pty Ltd Zone / Overlays Residential 3 Zone / Special Building Overlay Residential Policy Area Incremental Housing Change Objections 8

1.0 BACKGROUND 1.1 The application was presented to the Council meeting on 19th December, 2011 where it

was directed that the decision be deferred until the next meeting to allow Council further opportunity to consider planning issues raised by the objectors.

2.0 DESCRIPTION OF PROPOSAL 2.1 It is proposed to construct nine (9), double-storey dwellings in three locations across the

subject site. Eleven (11) on-site car parking spaces would be located at the north-west corner of the subject land with vehicle access to be provided from Rowans Road.


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WICKHAM ROADWICKHAM ROADWICKHAM ROADWICKHAM ROADWICKHAM ROADWICKHAM ROADWICKHAM ROADWICKHAM ROADWICKHAM ROAD

243

239

86

84A

69

210

23129

235-237

233

212

0 25.00 50.00

meters

MapXtreme 2008 ® SDK Developer License, © 2009 Pitney Bowes Software Inc .



2

3.2 The subject land comprises a site area of 1359m2 at the north-west corner of the

intersection of Wickham Road and Rowans Road, Moorabbin. The site is encumbered by a 1.83 metre wide easement adjacent to the site’s north (rear) property boundary. No formalised vehicle access to the site is currently available along either of the site’s street frontages. A bus stop, however, is located adjacent to the south-east corner of the subject site on Wickham Road. Wickham Road is identified as a Road Zone Category 1.

4.0 KEY PLANNING CONSIDERATIONS 4.1 The key planning considerations relate to: (a) Neighbourhood character and Residential Policy

Council officers consider that the subject site is not a “typical” residential allotment within given its location at an intersection of a main road and its interface with industrial land to the east and the established commercial area to the south. The proposed development is contemporary in nature and not generally consistent with the built form character of the adjoining established residential area. However, it offers a good transition between existing residential development and the existing industry located to the east along Wickham Road.

(b) Integration with the street

A 1.8 metre high front fencing is proposed along Wickham Road which would limit visual connection between the proposed dwellings and the street. A condition of any permit issued for the proposal should require the proposed gate entrance for each dwelling to be at least 25% transparent to allow some visibility from the dwelling entries to the street. The height of part of the proposed front fence along the site’s Rowans Road frontage also exceeds the maximum specified under the Schedule to the Zone. The higher fence would screen the communal car park area and rubbish bins and Council officers concur that this is a reasonable basis for allowing a 1.8 metre high front fence; however fence height should be lowered in front of the car park to improve the safety and site interaction with the street.

(c) Street setback The proposed minimum front setback of 3.23 metres from Wickham Road is less than the average required by Standard B6, however, the proposed setback is considered to be appropriate for the following reasons: A reduced front setback is being sought for dwellings fronting Wickham Road as the

directly adjoining property is industrial land and the proposal offers an appropriate “transition” between modest residential development on the opposite side of Rowans Road and the existing industrial development to the east.

It is considered that the development provides a reasonable transition between the adjoining properties and there is no prevailing setback rhythm within this street.

The setbacks have been designed to be staggered to minimise any perception of building bulk when viewed from the street and adjoining properties.



3

The front setback is large enough to accommodate substantial landscaping including the provision of canopy trees.

(d) Walls on boundaries The submitted plans show that the first floor level building setback of Dwelling 9 from the site’s eastern property boundary would be constructed with a zero-lot boundary setback, resulting in a 6.4 metre high wall along this section of the site’s property boundary. This boundary is shared with the adjoining industrial property at No. 239 Wickham Road. As such, the location and height of the proposed wall should not detrimentally affect the adjoining property given the industrial nature of this site.

4.2 The subject site is identified within Area 1 of this study. The average lot size within this area has been calculated to be 613.10m2, which results in a suggested development density of 1 dwelling per 306.55m2. Given that the subject site features an area of 1359m2, the proposed development would result in a dwelling density of 1 dwelling per 151m2 which falls well short of the minimum average lot size suggested for this area.

5.0 OBJECTOR CONCERNS 5.1 Eight (8) objections were received to the application. A summary of the planning key

concern and a response to each ground is provided below: (a) Car Parking and Traffic It is considered that the proposal adequately accommodates on-site parking and visitor car parking demands. This is demonstrated by full compliance with the requirements of Standard B16 (Parking Provision) with the provision of eleven (11) on-site car parking spaces, including two (2) visitor car parking spaces. The surrounding road network would be able to accommodate any additional vehicle movements that are generated by the new dwellings.

(b) Neighbourhood Character While the proposed development is contemporary in nature, the development is provided with various elements which are consistent with the existing and emerging neighbourhood character of the surrounding. The subject site offers an opportunity for more intensive development given its location between residential and industrial land and its immediate proximity to a main road intersection. The semi-detached nature of the proposed construction is also consistent with existing residential development in the area.

(c) Building Bulk/Mass Each of the new dwellings feature upper floor levels that are well setback from any respective property boundary and the proposed development would essentially be sited in three (3) clusters or “blocks”. The layout of the proposal should ensure that the development would not present as a visually bulky development from either of the street frontages or the adjoining residential property to the north.



4

(d) Flooding/Drainage Council’s Development Engineer and Melbourne Water have offered conditional consent to the proposal development and, as such, should not result in any additional infrastructure demands on the existing drainage system in the immediate surrounding area. (e) Industrial/Residential Interface Whilst it is acknowledged that the location of an industrial site directly adjacent to the property presents a planning challenge, Council officers consider that the Applicant has incorporated adequate noise attenuation measures through the construction of the proposed dwellings.


Kingston Planning Scheme and taking into consideration the concerns raised by objectors, the proposal, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported.



5

RECOMMENDATION

This report recommends that the Planning Committee determine to support the proposal and grant a Notice of Decision to Grant a Permit to develop the land for the construction of nine (9) dwellings on land affected by a Special Building Overlay at No. 235 – 237 Wickham Road, Moorabbin, subject to the following conditions:

1. Before the development starts amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on the 22nd November, 2011, but modified to show:

a. the provision of an improved landscape plan and associated planting

schedule for the site showing the proposed location, species type, mature height and width, pot sizes and number of species be planted on the site, with such plans to be prepared by a suitably qualified landscape professional and incorporating:




iv. a range of plant types from ground types to large shrubs and trees;

v. adequate planting densities (e.g. plants with a mature width of 1 metre, planted at 1 metre intervals);

vi. the provision of one (1) suitable medium-sized (at maturity) tree within the front setback area of Dwellings 6, 7, 8 and 9 and one (1) small (at maturity) tree within the private open space of each dwelling with all species chosen to be approved by the Responsible Authority;


viii. all trees provided at a minimum of two (2) metres high at time of planting;

ix. medium to large shrubs and trees provided in pot sizes of 200mm or greater; and



6

x. the provision of a notation on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

b. a comprehensive detailed drainage strategy of the site incorporating water

sensitive urban design treatments, to the satisfaction of the Responsible Authority;

c. bedroom 2 of Dwelling 1 redesigned so it does not to project over the

existing easement along the site’s north (rear) property boundary; d. provision of a notation on the plans stating “easement drain must be

protected at all times during construction”; e. no trees planted within the easement with intrusive roots that may affect the

drainage; f. a notation stating that “property boundary and footpath levels are not to be

altered”; g. a notation stating “offset between the footpath and property boundary is not

be altered”; h. a notation stating “the proposed vehicle crossing is not to exceed 3 metres in

width and align 90 degrees to the kerb”; i. the entry gate associated with Dwellings 7, 8 and 9 nominated as featuring

at least 25% transparency; j. each upper floor balcony area nominated with a minimum dimension of 1.6

metres; k. the externally accessible storage area for each dwelling nominated as a

minimum of 6m3; l. the front fence height reduced to 1.2 metres in front of Visitor 2 car space

along the Rowans Road street frontage; m. all side fences for Block A within 3.0 metres of Rowans Road to transition up

to 1.8 metres in height from the front boundary; n. kitchen windows added the ground floor elevations of Dwellings 3 to 6 so

that the ground floors do not present to the street as blank walls; o. the 1.8 metre high western fence and gate of Dwelling 2 relocated so that

the pedestrian access is widened;



7

p. the deletion of storerooms 3 – 5 located adjacent to the car park, with the remaining storerooms allocated to Dwellings 3 – 6, and the provision of individual storerooms within the rear secluded private open space for Dwellings 7 – 9;

q. the relocation of the entry gate to Dwelling 2, to the western fence (aligning

with the entry door), and the remainder of the western fence relocated ! metres to the east, with the common pedestrian access widened accordingly;

r. the provision of a landscaped strip between the car spaces for Dwelling 9

and the Visitor space No. 1; s. the location of all externally-located heating and cooling units, exhaust fans

and the like, clearly shown for both dwellings; t. the provision of a full colour, finishes and building materials schedule,

including samples (illustrated on an A4 or A3 sheet), for all external elevations, front fences and driveways of the development; and

u. the surface material of all driveways / accessways and car parking spaces

nominated in all-weather coloured concrete sealcoat, or similar.


3. Conditions required by Melbourne Water:

a. Polluted and/or sediment laden run-off shall not be discharged directly or indirectly into Melbourne Water’s drains or waterways;

b. Dwellings must be constructed with finished floor levels a minimum of 300mm above the applicable flood level; and

c. Garages must be constructed with finished surface levels with a minimum of 150mm above the applicable flood level.

4. Prior to the occupation of the dwellings hereby permitted, the landscaping works as

shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

5. Prior to the occupation of the dwellings hereby permitted, all buildings and works

and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.

6. The drain, as described in Condition 1d) of this permit, must be protected at all

times during construction.



8

7. The proposed footings within the rear easement and located along the easement must be below the invert of the easement drain and a 300mm wide clearance must be maintained.

8. Any existing stormwater pits must be cleared from any obstructions and raised to

the proposed finished surface level to Council’s satisfaction. 9. A CCTV report of the easement drain must be carried out after upgrade and must

be lodged with Council prior to a Building Permit and Occupancy Permits to verify that building over the easement works have not adversely affected Council drainage infrastructure. Any defects identified in the CCTV report are to be rectified at the Owner/Developer’s expense.

10. The development of the site must be provided with stormwater treatment works

which incorporate water sensitive urban design principles (including re-use) to improve discharge quality and a detention system for any increase in run-off as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on treatment options. The detention system must have a restricted outflow limited to 11 l/s and store run-off that exceeds the run-off from 35% of the site area.

11. Before the development commences, a drainage plan showing the method of

treatment and discharge to the nominated point must be prepared to the satisfaction of the Responsible Authority. The plan must be prepared by a qualified person and show all details of the proposed drainage works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

12. Stormwater works must be provided on the site so as to prevent overflows onto

adjacent properties. 13. Prior to the occupation of the dwellings hereby permitted, or by such later date as is

approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority.



16. Prior to the commencement of any buildings and works on the site in conjunction

with the approved development, a Traffic Management Plan (TMP) shall be submitted to and approved by Council, with such plans to be prepared by a suitably qualified traffic consultant/engineer, with all costs, including the construction of any required works to be wholly borne by the applicant/permit holder.



9


a. Constructed to the satisfaction of the Responsible Authority. b. Properly formed to such levels that they can be used in accordance with the

plans. c. Surfaced in accordance with the endorsed plans under this permit or in an all-

weather coloured concrete seal-coat, to the satisfaction of the Responsible Authority.

d. Drained and maintained to the satisfaction of the Responsible Authority. Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority.

18. All works on or facing the boundaries of adjoining properties must be finished and

surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.

19. All piping and ducting above the ground floor storey of the development (other than

rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority.

20. Once the development has started it must be continued and completed to the

satisfaction of the Responsible Authority. 21. In accordance with section 68 of the Planning and Environment Act 1987, this

permit will expire if one of the following circumstances applies:

The development is not started within two (2) years from the date of permit issue. The development is not completed within four (4) years from the date of permit issue.


Note: If further information is required in relation to Melbourne Water’s permit conditions shown

above, please contact Melbourne Water on telephone 9235 2517, quoting Melbourne Water’s reference 190337. The applicable flood level for this property is 33.39 metres to Australian Height Datum (AHD).

Note: It is noted that the development includes masonry walls and bin storage to be built over the

rear easement. Separate consent from Council and the relevant service authority is required to build over the easements and will need to be obtained prior to the issue of a Building Permit.

Note: Residents shall not be issued with Residential Parking Permits.



10


Note: The applicant/owner must provide a copy of this planning permit to any appointed Building

Surveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure that all building development works approved by any building permit is consistent with the planning permit.

Note: Before removing / pruning any vegetation from the site, the applicant or any contractor

engaged to remove any vegetation, should consult Council’s Vegetation Management Officer to verify if a Local Laws Permits is required for the removal of such vegetation.

OR

In the event that the Council wishes to oppose the Officer’s recommendation to support the application, it can do so on the following grounds:

1. The proposal would have an adverse affect on the amenity of an established residential neighbourhood.

2. The proposal constitutes an over-development of the site.

3. The proposal fails to satisfy all the requirements of Clause 55 of the Kingston Planning Scheme (ResCode), in particular Clause 55.02-1 Neighbourhood Character, Clause 55.02-2 Residential Policy, Clause 55.02-5 Integration with the Street, Clause 55.03-1 Street Setback, Clause 55.04-2 Wall on Boundaries and Clause 55.05-4 Private Open Space and Clause 55.05-6 Storage.

4. The proposal does not fully satisfy the requirements of Clause 22.11 – Residential Development Policy, of the Kingston Planning Scheme.

5. The proposal fails to meet the objectives and strategic directions of the Municipal Strategic Statement – Residential Land Use contained at Clause 21.05 of the Kingston Planning Scheme.



11


APPLICANT Real Estate Concepts c/- Keen Planning Services Pty Ltd

ADDRESS OF LAND 235 – 237 Wickham Road, Moorabbin

PLAN OF SUBDIVISION REFERENCE

Lot 156 & Lot 157 on PS063570

PROPOSAL Develop the Land for the Construction of Nine (9) Dwellings

PLANNING OFFICER Emma Hilderink


ZONE Clause 32.06: Residential 3 Zone

OVERLAYS Clause 44.05: Special Building Overlay

OBJECTIONS 8


24thJune, 2011 and 22nd November, 2011


No

1.0 KEY ISSUES 1.1 The key planning issues arising from this proposal relate to:

Neighbourhood character Residential policy Integration with the street Fencing Walls on boundaries

2.0 PROPOSAL 2.1 It is proposed to construct nine (9), double-storey dwellings in three locations across

the subject site. Eleven (11) on-site car parking spaces would be located at the north-west corner of the subject land with vehicle access to be provided from Rowans Road.

2.2 Development summary:

Dwelling Floor Area (excluding garage / verandah)

Private Open Space No. of Bedrooms proposed

No. of Car Parking Spaces provided

1 80.09m² 68.46m2 secluded private open space 2 1 2 80.09m² 63.73m2 secluded private open space 2 1 3 80.09m² 31.4m2 secluded private open space

plus 12.7m2 private open space (total 44.1m2)

2 1

4 78.92m2 26.7m2 secluded private open space 2 1



12




plus 16.9m2 private open space (total 43.6m2)

5 78.92m2 32m2 secluded private open space plus 12.8m2 private open space (total 44.8m2)

2 1

6 80.09m² 102.8m2 secluded private open space 2 1 7 80.09m² 46.5m2 secluded private open space 2 1 8 78.92m2 48.5m2 secluded private open space 2 1 9 78.92m2 48.8m2 secluded private open space 2 1

2.3 The proposal has an overall site coverage of 39 percent and a permeability

percentage of 33%. 2.4 Development Assessment Table:

Criteria ResCode Requirement Proposed Development Provision Private Open Space

Incremental Housing Change requirements – Schedule to the Residential 3 Zone: 40m2 or secluded private open space located to the side / rear of the dwelling, achieving a minimum dimension of 5.0 metres for a 1 or 2 bedroom dwelling with convenient access from a living room.

Does not comply. Dwellings 3, 4, 5 and 7 do not provide 40m2 of secluded private open space to the side or rear of the dwelling. Dwellings 1, 3, 8 and 9 provide more than 40m2 of secluded private open space however these areas fail to incorporate a minimum dimension of 5.0 metres. (Refer to the ResCode discussion section within this report).

Car Parking One (1) car parking space for each one (1) or two (2) bedroom dwelling. One (1) visitor car parking space is required for every five (5) dwellings proposed.

Complies. Each dwelling would be provided with one (1) on site car parking space. Two (2) visitor car parking spaces are also proposed. (Refer to the ResCode discussion section within this report).



13

Front Setback The average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 9 metres, whichever is the lesser.

Does not comply. Dwellings 7, 8 and 9 fronting Wickham Road do not meet the minimum front setback of 6.56 metres as required under Standard B6 (Street Setback). (Refer to the ResCode discussion section within this report).

Site Coverage Maximum 50% - as per Schedule to the Residential 3 Zone.

Complies. Site coverage is 33% (refer to the ResCode discussion section within this report).

2.5 The proposed building materials, colours and finishes for the proposed development

are summarised in the table below:

Roof: Not specified. The proposed roof line features both a low pitch and flat roof.

Walls: Combination: face brickwork, rendered brickwork and weatherboard cladding. Colours not specified.

Garage doors

N/A

Windows: Anodised aluminium windows with double-glazed glass and acoustic seals. Driveways: Bitumen surface. Front fencing:

A 1.8 metre high solid masonry fence is proposed to be constructed along the site’s Wickham Road frontage. A 1.2 metre and 1.8 metre high solid masonry fence is proposed to be constructed along the site’s Rowans Road frontages.

Boundary fences:

A new 2.0 metre high solid masonry fence is proposed to be constructed along the length of the site’s north (rear) property boundary fence whilst a new 2.4 metre high solid masonry fence is proposed to be constructed along the site’s east (side) property boundary which is shared with the existing industrial site at No. 239 Wickham Road.

3.0 SITE& SURROUNDS 3.1 The subject land comprises a site area of 1359m2 at the north-west corner of the

intersection of Wickham Road and Rowans Road, Moorabbin. The topography of the site is relatively flat and devoid of any significant vegetation. The site is encumbered by a 1.83 metre wide easement adjacent to the site’s north (rear) property boundary.

3.2 No formalised vehicle access to the site is currently available along either of the

site’s street frontages. A bus stop, however, is located adjacent to the south-east corner of the subject site on Wickham Road.

3.3 The surrounding residential area to the north (rear), west (opposite side of Rowans Road) typically comprises of detached, single storey, brick veneer and weatherboard dwellings with pitched/flat roofs. There are, however, some examples of double-storey development within the surrounding area. Dwellings are usually sited with generous side



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setbacks, creating a regular rhythm to the streetscape. There is no predominant fencing style in the neighbourhood.

3.4 Land to east of the subject site at No. 239 Wickham Road and onwards is zoned

Industrial 1, as is all land to the south-east opposite the site on Wickham Road. Directly opposite the subject site to the east on Wickham Road is a physiotherapy clinic. Other commercial and industrial uses in the close vicinity of the subject land consist of a doggie daycare, Mitre 10 trade centre, machinery hire services, and motor vehicle repair workshops.

3.5 Land immediately abutting the subject site to the north comprises an unformed

access leg to an industrial allotment owned by Melbourne Water. Further north on the opposite of the accessway is a single storey brick dwelling with pitched tiled roof.

3.6 Wickham Road is identified as a Road Zone Category 1. The intersection at Wickham Road and Rowans Road directly adjacent to the south-west corner of the subject site is signalised.

4.0 TITLE DETAILS 4.1 The Permit Applicant has completed the planning application form declaring that

there is no restrictive covenant on the title. 5.0 PLANNING CONTROLS 5.1 The subject site is located within a Residential 3 Zone and is subject to a Special

Building Overlay (where Melbourne Water is the floodplain authority). 6.0 PLANNING PERMIT REQUIREMENTS 6.1 Pursuant to Clause 32.06-4 (Residential 3 Zone) of the Kingston Planning Scheme, a

planning permit is required to construct two (2) or more dwellings on a lot. 6.2 Pursuant to Clause 32.06-4 (Residential 3 Zone) of the Kingston Planning Scheme, a

planning permit is required to construct a front fence within three (3) metres of a street if the height exceeds the maximum specified under the Schedule to the Residential 3 Zone.

6.3 Pursuant to Clause 44.05-1 (Special Building Overlay) of the Kingston Planning Scheme, a planning permit is required to construct a building and carry out works.

7.0 RELEVANT HISTORY 7.1 Council records indicate that no recent planning approvals have issued in relation to the

subject site.

8.0 ADVERTISING



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8.1 Prior to advertising, the Permit Applicant submitted revised plans on the 24thJune, 2011, pursuant to Section 50 of the Planning and Environment Act 1987, that essentially addressed some of the initial concerns outlined within the Planning Officer’s further information letter. It is this set of amended plans that formed part of the advertising documentation.

8.2 As discussed, the proposal was advertised by sending notices to adjoining and opposite property owners and occupiers and by maintaining two (2) notices on site for fourteen (14) days. The advertising process was satisfactorily completed and eight (8) objections were received to the proposal.

8.3 The main grounds of objection can be summarised under the following heading:

Car parking; Noise; Neighbourhood character; Building bulk and mass; Flooding and drainage concerns; Industrial and residential interface; and Property values.

9.0 PRELIMINARY CONFERENCE MEETING

9.1 A preliminary conference meeting was held at Council’s Cheltenham Office on the

1st September, 2011, with the Applicant, Council’s Planning Officer and five (5) objectors in attendance.

9.2 The main concerns outlined in the previous section of this report were discussed at

length; however, no resolution was reached. 10.0 AMENDMENTS AFTER ADVERTISING 10.1 The Permit Applicant submitted revised plans on 22nd November 2011, (pursuant to

Section 57A of the Planning and Environment Act 1987) that essentially sought to address some of the concerns raised by Council during subsequent discussions between the applicant and Council officers. The following changes were made to the plans:

Provision of a 3 metre (minimum) setback to Dwellings 3 – 6 from the Rowans Road

frontage;

Lowered front fence height for Dwellings 3 – 6 along the Rowans Road frontage; and

Minor alterations to the car parking spaces / landscaping strips with a 1.5 metre wide landscaping strip located behind the high front fence, large enough to accommodate tall species which can grow above the fence line positively contributing to the landscape character of the area.

10.2 The amendments were considered to be improvements to the proposal and the

changes would not cause detriment to any other party and for these reasons the amended plans were not required to be re-advertised. It is these revised plans that are now under consideration by Council.

11.0 REFERRALS



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11.1 Pursuant to Clause 44.05 of the Kingston Planning Scheme, the application was

referred to Melbourne Water. No objection was offered to the proposal, subject to the inclusion of suitable conditions and advice notes on any permit issued.

11.2 The following internal Council referral departments were notified:

Council’s Development Engineer; Council’s Roads & Drains Department; Council’s Traffic Engineering Department; Council’s Vegetation Management Officer; Council’s Strategic Planning Department (Urban Design); Council’s Waste Collection Co-ordinator; Council’s Sustainable Development Officer.

11.3 The Council’s Development Engineer had no objection to the proposal, subject to

conditions being included on any permit issued, relating primarily to the management of stormwater and the protection of an existing drainage easement.

11.4 The Council’s Roads & Drains Department had no objection to the proposal, subject

to conditions being included on any permit issued relating to the reinstatement of the footpath and maintaining the existing boundary and footpath levels.

11.5 The Council’s Traffic Engineering Department had no objection to the proposal,

subject to conditions being included on any permit issued for the provision of bicycle parks, a splay to be provided to the edge of the driveway, the provision of a Traffic Management Plan, and the inclusion of an advice note regarding residential parking permits.

11.6 The Council’s Vegetation Management Officer had no objection to the proposal,

subject to conditions being included on any permit issued for the provision of a landscape plan.

11.7 The Council’s Waste Collection Co-ordinator had no objection to the proposal, and

advised that the development is not of a size large enough to warrant a waste management plan.

11.8 The Council’s Sustainable Development Officer and Council’s Strategic Planning

Department (Urban Design) had no objection to the proposal, and provided a number of recommendations on ways to improve the sustainable and urban design elements of the development, that were provided to the applicant for their consideration.


Clause 11 (Settlement) Clause 15 (Built Environment and Heritage) Clause 16 (Housing)



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12.2 Local Planning Policy Framework (LPPF) Clause 21.05 (Residential Land Use) Clause 22.11 (Residential Development Policy)


Clause 55 (Two or More Dwellings on a Lot & Residential Buildings) – Refer to Appendix A for the Planning Officer’s full assessment against this Clause.

12.4 General Provisions

Clause 65 (Decision Guidelines)

12.5 Other

Neighbourhood Character Area Guidelines (Revision 2007 Incorporated Document under Clause 21.05 – Residential Land Use of the LPPF).

The land is located within Area No. 1 of the Neighbourhood Character Guidelines. The proposal is generally in accordance with the applicable character profile. Two (2) “major characteristics” are identified within this area, being: - Building placement; - Front boundary and garden. The proposed front setback along Wickham Road varies between 3.267 m and 3.79 m. The dominant building setbacks specified for this area are front setbacks ranging from between 7-10 metres, side setbacks of 3-5 metres and the narrower side setbacks of between 1-3 metres. A reduced front setback for the respective dwellings fronting Wickham Road is considered reasonable in this instance given that the directly adjoining site to the east at No. 239 Wickham Road is developed and used for industrial purposes, and does not reflect the typical Area No. 1 character profile. With regards to the low front fencing character identified within the surrounding residential area, Council officers must give consideration to the design constraints offered by the subject site due it its location directly adjacent to an intersection with a main road and the industrial land directly to the east on Wickham Road. Therefore, the use of high front fencing along the Wickham Road street frontage is considered reasonable in this instance. High fencing is also proposed along part of the Rowans Road frontage, in front of the communal car parking area. High fencing is considered unreasonable in this location and does not present well to the street and will hide the proposed landscape planting. Therefore it is recommended that a condition be included on any permit issued for the continuation of the 1.2 metre high fence along the remainder of the frontage. The 1.8 metre high fence screening the rubbish bin area is acceptable.

Design Contextual Housing Guidelines (April 2003 – reference document within Clause 22.11 – Residential Development Policy)



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The Design Contextual Housing Guidelines offer a range of design techniques and suggestions to assist with residential design, which is responsive to local character.

It is considered that the proposed development does not raise any issues of non-

compliance with these guidelines. The proposed development would allow each of the new dwellings to be orientated towards both Wickham Road and Rowans Road. It is noted also the subject site only has indirect abuttal to one (1) residential property to the north at No. 86 Rowans Road separated by a vehicle accessway to service the industrial property to the rear and, as such, is relatively isolated from the surrounding residential area of Moorabbin.

13.0 PLANNING CONSIDERATIONS: 13.1 State Planning Policy Framework

The State Planning Policy Framework sets out the relevant state-wide policies for residential development at Clause 11 (Settlement), Clause 15 (Built Environment and Heritage) and Clause 16 (Housing). Essentially, the provisions within these clauses seek to achieve the fundamental objectives and policy outcomes sought by the Metropolitan Strategy – ‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have been removed from an individual clause and integrated throughout the State Planning Policy Framework. It is submitted that the proposed development satisfies the aforementioned State strategies and policy direction. Specifically, the subject site is located on land earmarked for residential purposes, whereby residential development is an ‘as of right’ use under the zoning provisions. The development itself achieves an acceptable design outcome for the site and its immediate abuttals, whilst enjoying convenient and direct access to community facilities and the like, including public transport nodes.

13.2 Local Planning Policy Framework

The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston Planning Scheme, seeks to provide guidance to development in residential zoned land, mixed use zoned lands and land within activity centres. The Residential Land Use Framework Plan illustrates the range of housing outcomes sought across the City of Kingston.

The subject land is identified within an Incremental Housing Change Area. The type of housing change anticipated in these areas will take the form of extensions to existing houses, new single dwellings or the equivalent of new two dwelling developments on average sized lots. The existing single dwelling character of these areas is to be retained. The objectives of the Municipal Strategic Statement (as relevant to this application) include: Objective 1: To provide a wide range of housing types across the municipality to

increase housing diversity and cater for the changing needs of current and future populations, taking account of the differential



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capacity of local areas in Kingston to accommodate different types and rates of housing change.

Objective 2: To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality.

Objective 3: To preserve and enhance well landscaped/vegetated environments and protect identified significant vegetation.

Objective 4: To promote more environmentally sustainable forms of residential development.

Objective 5: To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses.

Objective 6: To ensure residential development does not exceed known physical infrastructure capacities.

Relevant strategies to achieve these objectives (as relevant to this application) include: Promote lower density housing in established suburban areas that do not have direct

access to activity/transport nodes and “encourage” only incremental change in housing density (incremental housing change areas). Such areas will retain their predominantly single dwelling character and incremental change will occur in the form of single dwellings or the equivalent of dual occupancy developments on average sized lots.

Promote new residential development which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood.

Promote new residential development which provides a high standard of amenity and quality of life for future occupants.

Encourage the retention of existing vegetation wherever possible. Improve landscape character by accommodating appropriate landscaping within new

residential developments. Ensure that the planning, design, siting and construction of new residential

development responds to best practice environmental design guidelines for energy efficiency, waste and recycling, and stormwater management.

Promote medium density housing development in close proximity to public transport facilities, particularly train stations.

Ensure the siting and design of new residential development sensitively responds to interfaces with environmentally sensitive areas, including the foreshore.

Ensure that where medium and higher density residential areas are proposed adjacent to lower density residential areas, the design of such development takes proper account of its potential amenity impacts.

Ensure that the siting and design of new residential development is consistent with Urban Stormwater Best Practice Environmental Management Guidelines and that new development contributes to the maintenance and upgrade of local drainage infrastructure as required, where such new development will impact on the capacity of such infrastructure.

Require the provision of car parking to satisfy the anticipated demand having regard to average car ownership levels in the area, the environmental capacity of the local



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street network and the proximity of public transport and nearby on and off street car parking.

Ensure that all new medium density housing provides adequate private open space that is appropriately landscaped.

It is considered that the proposed development is consistent with the relevant objectives of Council’s Municipal Strategic Statement as outlined above. The proposal creates an adequate standard of amenity for the future occupants of each dwelling, as well as for occupants of existing dwellings in the immediate area. It is considered that the development will have minimal impact on the existing streetscape character which comprises a mixture of residential, commercial and industrial uses, and the broader local neighbourhood character. Further discussion regarding these items will be outlined later within this report.

13.3 Clause 22.11 – Residential Development Policy

As outlined previously, the proposal is considered to generally comply and satisfy the applicable Local Planning Policy Framework, which essentially aim to encourage well-designed medium density housing in appropriate locations. Where a planning permit is required for residential development, where relevant, it is policy under Clause 22.11 to: Encourage all new residential development to respond positively and creatively

to neighbourhood character. Unless a preferred character is specified, the existing character is that which is to be considered.

In areas where building placement makes a major contribution to neighbourhood character, design new development to reinforce the established rhythm of buildings in the street and retain the existing single dwelling character of the streetscape. Incremental Housing Change Areas

In areas identified for incremental housing change, ensure that new housing development is responsive to maintaining the existing and preferred single dwelling/lower density nature of these areas.

Built form, siting and scale of development, it is policy, where relevant, to:

Encourage the two storey component of new medium density housing to be located towards the front of a site.

Ensure that two storey dwellings are designed to respond to the character of the local neighbourhood. Where the local neighbourhood is characterised by single storey development and this characteristic makes a major or critical contribution to neighbourhood character, new two storey development should incorporate rooms within the roof form of attic style dwellings, and should set the second storey building envelope back from the ground level envelope.

Ensure that any upper storey components towards the rear of sites are sensitively designed to avoid unreasonable adverse amenity impacts on neighbours.

Encourage well-articulated and graduated elevations in order to avoid 'box-like' double storey designs, thus reducing visual bulk.

Ensure that the siting of new buildings respects the amenity of adjoining neighbours with regard to rear yards and garden outlooks from habitable living room windows.



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Ensure that the design and layout of new dwellings incorporate features which minimise overlooking of adjacent properties.

Address potential overlooking through site layout planning as well as individual dwelling planning.

It is considered that the proposed development has been designed and sited in accordance with the above policies (where applicable). The site is relatively unique as it has not been previously developed for residential use, and it abuts a significant industrial area. The only residential property that has any abuttal with the subject site is located to the north at No. 86 Rowans Road and it is contended that the proposal would not have any detrimental impact on this property as it is separate from the subject site by an accessway to the Melbourne Water industrial land to the east. It is considered that the proposal’s built form responds to the industrial and commercial character of the adjoining properties to the east and south.

Car parking and vehicle access, it is policy, where relevant, to:

Ensure that adequate on-site car parking is provided to meet the needs of future residents and visitors and sited to reduce its impact on the streetscape.

Performance measures Locating garages or carports at the rear of dwellings fronting a street wherever

possible.

Ensuring that where garages are located in the street elevation, they are set back a greater distance than the front wall of the building.

Ensuring that garages and carports are sited so that a tandem car parking space can be provided in front of the garage or carport.

Incorporating garages and carports within the main roof line of the dwelling.

All car parking facilities would be located at the north-west corner of the subject site with direct access from Rowans Road. The communal car parking area is not located to the rear of the development. However landscaping in proposed along the Rowans Road frontage to screen and soften the appearance of the car park area. Accordingly, Council officers consider that the proposal satisfies the relevant policies to provide the needs of future residents and visitors and to reduce its impact on the streetscape.

Stormwater run-off mitigation and quality management, it is policy, where relevant, to:

Ensure that new residential development limits the impact of increased stormwater run-off on drainage systems.

Performance measures On-site infiltration should be maximised by: Wherever possible, using unpaved landscape areas or porous paving.

Where appropriate, constructing on-site stormwater detention with delayed release into the stormwater drainage system.

Designing to limit the impervious area. Incorporating on-site water re-cycling systems for stormwater run-off.



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Council’s Development Engineers have recommended conditions to be imposed upon any planning permit issued for the proposed development that would maximise on-site infiltration for the subject site.

Clause 22.11 – Residential Development Policy of the Kingston Planning Scheme encourages single dwellings or dual occupancy style developments on ‘average sized lots’ within areas designated for Incremental Housing Change. Council’s Strategic Planning Department undertook a study across the municipality in 2003 to identify any emerging patterns with regard to average lot sizes. As such, six (6) areas were identified within the municipality, each having their own ‘average lot size’ calculation. The subject site is identified within Area 2 of this study. The average lot size within this area has been calculated to be 613.10m2, which results in a suggested development density of 1 dwelling per 306.55m2. Given that the subject site features an area of 1359m2, the proposed development would result in a dwelling density of 1 dwelling per 151m2 which falls short of the minimum average lot size suggested for this area. The subject site has some unique characteristics that set it apart from a typical Residential 3 zoned property, including the abutting industrial land uses and its current informal use as a car park. The implications this has on this particular area of non-compliance will be discussed in further detail in the following sections of this report.

Clause 22.11 Residential Development Policy essentially extends upon the provision contained at Clause 21.05 (Residential Land Use) along with the State Planning Policy Framework provisions found at Clause 14.02-2 – Settlement and Clause 16.02 – Medium Density Housing, effectively promoting high-density development around activity centres and locations close to public transport.

In summary, the proposal is not seen to be inconsistent with Council’s Local Planning Policy Framework and, importantly, it delivers on some very specific objectives for the type and form of medium density development expected in areas that do not have a strong residential character, such as the subject land in this application before the Council.

13.4 Zoning Provisions

It is considered that the proposed development satisfies the purpose of the zone.

The Schedule to the Residential 3 Zone specifies variations to three (3) standards of Clause 55 (ResCode), namely:

Standard B8 – Site Coverage: The local variation is nominated as a maximum of 50%. The proposed site coverage for the development is 33% and is consistent with the Schedule requirements. Standard B28 – Private Open Space: The local variation requires an area of 40m2, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 40m2, a minimum dimension of 5 metres and convenient access from a living room.



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Dwellings 3, 4, 5 and 7 do not provide 40m2 of secluded private open space to the side or rear of the dwelling. Dwellings 1, 3, 8 and 9 provide more than 40m2 of secluded private open space however these areas fail to incorporate a minimum dimension of 5.0 metres. This will be discussed in further detail in the following sections of this report. Standard B32 – Front Fences: The local variation requires a front fence within 3 metres of a street must not exceed 2 metres in height for streets in a Road Zone – Category 1 or 1.2 metres in height for any other street. A 1.8 metre high masonry fence is proposed to be constructed along the site’s Wickham Road frontage (to the south) and part of the Rowans Road frontage (to the west). Given that Wickham Road is identified as being a Road Zone Category 1, the height of the proposed fence is compliant. However, the proposed front fence along the site’s Rowans Road frontage exceeds the maximum height of 1.2 metres specified in the Schedule to the Residential 3 Zone. This will be discussed further in the following section of this report.

13.5 Overlay Provisions

The subject site is affected by a Special Building Overlay, in accordance with the provisions under Clause 44.05 of the Scheme. The application was referred to Melbourne Water (as the relevant floodplain authority) who offered no objection to the proposal, subject to the inclusion of a suitable condition on any permit issued for the proposal.

14.0 CLAUSE 55 (RESCODE ASSESSMENT)

14.1 The proposal has been assessed against the objectives and standards of Clause 55

(ResCode) of the Kingston Planning Scheme (refer to attachment A). It is considered that the development largely satisfies the requirements of ResCode and is a well-designed development. There appear to be the following area of non-compliance, which are discussed below:

Standard B1 Neighbourhood Character - The objective under this Standard is “to ensure that the design respects the existing or contributes to a preferred neighbourhood character”. The subject site is located within Profile Area No. 1 of Council’s Neighbourhood Character Guidelines (2007) which identifies two (2) major built form characteristics of existing residential development in this area being “building placement” and “low front fences and gardens”. The proposed front building setbacks of Dwellings 7 - 9 fronting Wickham Road (ranging between 3.27 metres and 3.76 metres) do not conform with the dominant front setback character of between 7-10 metres of existing dwellings located within the nominated profile area. Additionally, the proposed development would result in high front fencing along both of the site’s street frontages. Council officers consider that the subject site is not a “typical” residential allotment within Profile Area No. 1 given its location at an intersection of a main road and its interface with land zoned for industrial land to the east at No. 239 Wickham Road and the established



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commercial area to the south. The proposed development is contemporary in nature and not generally consistent with the built form character of the established residential area to the north (rear), east (opposite Rowans Road) and south (opposite Wickham Road). However, it offers a good transition and buffer between existing residential development and the existing industry located to the east along Wickham Road. The subject site only has one (1) indirect residential interface to the north (side) and has been sensitively designed so as not to impose itself on the property at No. 86 Rowans Road. Accordingly, a variation to this Standard is considered appropriate with respect to the proposal in this instance. Standard B2 Residential Policy - As previously mentioned, the proposal requires consideration under Council’s Residential Development Policy under Clause 22.11 of the Kingston Planning Scheme. Whilst the proposal satisfactorily achieves the design requirements under this Policy, Council officers note that the average lot size would exceed that calculated for the area which is 1 dwelling for every 306.55m2 of site area. The proposal would result in a development density of 1 dwelling for every 151m2 of land area. A variation is considered appropriate to this Standard mainly based on the reasons outlined under the section discussing compliance with Standard B1 – Neighbourhood Character in this report. The subject land is not considered to be a “typical” residential property zoned Residential 3 and presents a number of design constraints given its location next to an intersection with a main road and its interface with industrial land to the east. The design and siting of the proposed development does not unduly affect the only indirectly adjoining residential property to the north (rear) and, as such, offers a good planning outcome for the subject site.

Standard B5 Integration with the Street - The objective of this Standard is “to integrate the layout of the development with the street”. Dwellings 7-9 fronting Wickham Road would all feature 1.8 metre high front fencing along the street frontage. This would limit any visual connection between the proposed dwellings and the adjoining street. A condition of any permit issued for the proposal should require the proposed gate entrance for each dwelling to be at least 25% transparent to allow some visibility from the dwelling entries to the street frontage. Also, Dwellings 1 and 2 would not have a direct frontage to Rowans Road as they would be located to the rear of the proposed car parking area at the north-west corner of the site. These dwellings, however, would have access via a common accessway that allows for pedestrian movement through the site from Rowans Road to Wickham Road. Standard B6 Street Setback - The objective of this Standard is “to ensure the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site”. In accordance with requirements under this Standard, each dwelling fronting Wickham Road should have a minimum setback of 6.56 metres, based on the guidelines for a corner



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site. The proposed minimum front setback of 3.23 metres is less than the average, however, the proposed setback is considered to be appropriate for the following reasons: The subject site is a corner allotment location with direct abuttal to an intersection

with a main road and the land also features a direct interface with industrial land to the east at No. 239 Wickham Road. A reduced front setback is being sought for Dwellings 7-9 fronting Wickham Road based on the reasoning that the directly adjoining property is industrial land and the proposal offers an appropriate “transition” between modest residential development on the opposite side of Rowans Road to the east and the existing industrial development to the east on Wickham Road.

Although the proposed setback does not meet the technical requirements of this Standard, it is considered that the development provides a reasonable transition between the adjoining properties and meets the overriding objective of this Clause.

There is no prevailing setback rhythm within this street.

The setbacks have been designed to be staggered to minimise any perception of building bulk when viewed from the street and adjoining properties.

The front setback is large enough to accommodate substantial landscaping including the provision of canopy trees.

The reduced setbacks create a buffer between the industrial land to the east and the residential land to the west.

Accordingly, a variation to this Standard is considered reasonable in this instance. The dwellings fronting Rowans Road have been setback 3.0 metres in accordance with the requirements of Standard B6 for dwellings facing a side street.

Standard B12 Safety - Entrances to dwellings should not be obscured or isolated from the street and internal accessways. Each dwelling has its own independent entrance, and the dwellings with frontage to Wickham Road and Rowans Road have direct access to the street. Dwelling 1 has direct access from the communal car park and is also visible from the Rowans Road. Dwelling 2 should have its entrance relocated so that it is also visible from the communal car park. It is recommended that this be included as a condition on any permit issued for the land. Standard B18 Walls on Boundaries - The objective of this Standard is “to ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of the existing dwellings”. The proposal includes the construction of a 6.4 metre high wall along a section of the site’s east (side) property boundary. Under this Standard, the height of any wall constructed on or within 150mm of a property boundary should not exceed a height of 3.6 metres and a maximum average height of 3.0 metres above natural ground level. As such, the wall to be constructed along the site’s east (side) property boundary does not comply with this requirement.



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Council officers, however, consider that a variation to this Standard is reasonable in this instance given that the proposed wall would directly adjoin the existing industrial site at No. 239 Wickham Road. Accordingly, it is envisaged that the height of the proposed wall should not result in any material property to the adjoining property. Standard B28 Private Open Space - The objective of this Standard is “to provide adequate private open space for the reasonable recreation and service needs of residents”. As previously mentioned, Dwellings 3, 4, 5 and 7 do not provide 40m2 of secluded private open space to the side or rear of the dwelling. Dwellings 1, 3, 8 and 9 provide more than 40m2 of secluded private open space however these areas fail to incorporate a minimum dimension of 5.0 metres. Council officers consider that a variation to this Standard is warranted in this instance given that the dimension and area of each secluded private open space area would allow sufficient space for the recreation and service needs of the likely residents. Furthermore, the total private open space area nominated for each dwelling exceeds the minimum required for a two (2) bedroom dwelling.

Standard B30 Storage - The objective of this Standard is “to provide adequate storage facilities for each dwelling”. Each dwelling should be provided with 4.5m3 of externally accessible storage. Whilst the proposal nominates externally accessible storage areas adjacent to the proposed car parking area, this Standard requires the provision of at least 6m3 of storage space. A condition of any permit issued for the proposal could adequately address this matter.

Standard B32 – Front Fences - The objective of this Standard is “to encourage front fence design that respects the existing or preferred neighbourhood character”. As previously discussed, the height of part of the proposed front fence along the site’s Rowans Road frontage exceeds the maximum specified under the Schedule to the Zone (being 1.2 metres). The high fence would screen the communal car park area and rubbish bins. Council officers concur that the screening of rubbish bins is a reasonable basis for allowing a 1.8 metre high front fence, however recommend that the fence height be lowered in front of visitor car space #2 to improve the interaction with the street, improve safety and to allow the landscaping to grow above the height of the fence to soften the appearance of the car park.

15.0 RESPONSE TO GROUNDS OF OBJECTION

Car Parking and Traffic - It is considered that the proposal adequately accommodates on-site parking and visitor car parking demands. This is demonstrated by full compliance with the requirements of Standard B16 (Parking Provision) of Clause 55 with the provision of eleven (11) on-site car parking spaces, including two (2) visitor car parking spaces. Furthermore, it is considered that the surrounding road network would be able to accommodate any additional vehicle movements that are generated by the new



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dwellings. The proposal does not raise any unreasonable traffic concerns and is supported by Council’s Traffic Engineering Department. Concern has also been raised in with regards to the current business operation which utilises the subject site for car parking and the need to relocate parking off-site as a result. This is not considered to be a valid ground of consideration with respect to this proposal.

Noise – An objection has been raised in relation to the additional residential noise generated by the development of the site for nine (9) dwellings. Given that only one (1) residential property has a direct interface with the subject land, any noise generated by the likely future occupants should not reduce the amenity of the adjoining property to the north at No. 86 Rowans Road. Further the subject site abuts Industrial Zoned land to the east, and a Road Zone Category 1 to the south, which would generate higher noise emissions than the proposal.

Neighbourhood Character - While the proposed development is contemporary in nature, the development is provided with various elements which are consistent with the existing and emerging neighbourhood character of the surrounding. It is important to note that the subject site offers an opportunity for more intensive development given its location between residential and industrial land and its immediate proximity to a main road intersection. The semi-detached nature of the proposed construction is also consistent with existing residential development in the area and Dwellings 3-6 fronting Rowans Road offer good passive surveillance over Rowans Road and good street level interaction due to the low fencing along this boundary. Overall, it is considered that the proposal would sit appropriately within the context of the adjoining land uses and is site responsive given the constraints of the subject land.

Building Bulk/Mass – Council officers believe that the design and siting of the

proposed dwellings do not demonstrate an excessive level of building bulk and mass throughout the subject site. Each of the new dwellings feature upper floor levels that are well setback from any respective property boundary and the proposed development would essentially be sited in three (3) clusters or “blocks”. The layout of the proposal should ensure that the development would not present as a visually bulky development from either of the street frontages or the adjoining residential property to the north. A condition of any permit issued for the proposed development should require any endorsed plans to show full details of all external building materials, finishes and colours. An appropriate combination of different building materials and colours should ensure that any building mass of the proposed dwellings should be minimised as a result.

Flooding/Drainage–Council’s Development Engineer and Melbourne Water (as the

relevant floodplain authority) have offered conditional consent to the proposal development and, as such, should not result in any additional infrastructure demands on the existing drainage system in the immediate surrounding area.

Industrial/Residential Interface – Whilst it is acknowledged that the location of an industrial site directly adjacent to the property presents a planning challenge, Council



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officers consider that the Applicant has incorporated adequate noise attenuation measures through the construction of the proposed dwellings (including double-glazed windows, acoustic seals and solid masonry walls) which should minimise any noise associated with the adjoining industry.

It is important to note, however, that the subject site is zoned for residential purposes. Further, the design and layout of the proposed dwellings should ensure that the future likely residents would enjoy a good standard of amenity as a result.

Property Values – This ground of objection is not considered to hold any planning

merit in the consideration of this proposal.

16.0 CONCLUSION: 16.1 For reasons discussed within this report, it is submitted that the proposal be supported

subject to the adoption of the recommended permit conditions to ensure that the proposed development achieves a high quality design, achieves good internal amenity as well as responding appropriately to the site and its immediate industrial and residential interfaces.

16.2 The proposed development is considered appropriate for the site as evidenced by:

The design and siting of the proposed development to be compatible with the surrounding area;

The proposal should not have a detrimental impact on surrounding properties (subject

to appropriate conditions); and, The proposal generally satisfies the requirements of the Kingston Planning Scheme,

including the MSS, Moorabbin Airport Environs Policy, Residential Development Policy (inclusive of the Neighbourhood Character Area Guidelines and the Designing Contextual Housing Guidelines), Residential 3 zoning and the Schedule to the zone, Special Building Overlay (SBO), Clause 55 – Two or more dwellings on a lot and Residential Buildings, and Clause 65 – Decision Guidelines (subject to appropriate conditions).

16.3 On balance and subject to the inclusion of suitable conditions, the proposal is considered

reasonable and warrants support.



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APPENDIX A – RESCODE ASSESSMENT Standard of the Kingston Planning Scheme Two or More Dwellings on a Lot and Residential Buildings (Clause 55 and Schedule to the Residential 1 Zone).




No The proposed development is generally site responsive given the existing constraints. However, the proposal does not incorporate the two (2) “major characteristics” identified within Profile Area No. 1 of Council’s Neighbourhood Character Guidelines, being building placement and low front fences. See report for further discussion.


No The subject site is located within an area designated for “incremental housing change” and does not meet the average lot size calculated for the area. See report for further discussion.


N/A Nine (9) dwellings are proposed.


Yes A number of engineering conditions are recommended on any planning permit issued regarding the protection of the site’s drainage infrastructure.


No Whilst the dwellings would be orientated towards both Rowans Road and Wickham Road, it is proposed to construct a 1.8 metre high front fence along both street frontages. See report for further discussion.


No The proposed dwellings fronting Wickham Road do not meet the minimum front setback of 6.56 metres required along this frontage. See report for further discussion.





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

Yes Maximum:50% Proposed: 39%


Yes At least: 20% Proposed:33%


Yes The site is orientated in a north/south direction. The proposed dwellings would have good upper floor level setbacks from each respective property boundary.


N/A


Yes Good surveillance opportunities would be provided for each dwelling.

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

landscape character of the neighbourhood.



Yes No significant vegetation would be removed from the subject site. Council’s Vegetation Management Officer has advised that a landscape plan should be submitted for endorsement as a part of any permit issued for the proposal.


Yes A new double-width vehicle crossover is proposed to be constructed along the site’s Rowans Road frontage. No change is proposed along the site’s Wickham Road frontage. All vehicles should be able to egress the site in a forwards direction.



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Yes Each dwelling is provided with an uncovered car parking space located within a communal parking area. The car parking area is conveniently located to the road and two of the proposed dwellings. The car park has been design for safe and efficient vehicle movements within the site. Pedestrian access to two of the dwellings will be through the communal car parking area, which is wide and will have good visibility and therefore should not create any pedestrian safety issues. Unreasonable vehicle noise is not expected to be generated from the car park due to the relatively low numbers of cars being parked there at any one time.


Yes Required: Ten (10) Proposed: Eleven (11), including two (2) visitor car parking spaces.


Yes Complies. All side setbacks comply with this standard.


No A 6.4 metre high wall associated with Dwelling 9 is proposed to be constructed along the site’s east property boundary. See report for further discussion.


Yes Complies. All existing windows on adjoining properties will continue to receive adequate daylight.


Yes Complies. There are no north facing windows impacted.


Yes Most of the shadow likely to be generated by the proposed development would be cast within the subject site.



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Yes No direct views would be afforded into the adjoining residential property to the north (rear) at No. 86 Rowans Road.


Yes Visual screening is proposed to all upper floor habitable room windows and balconies where they would be located less than 9.0 metres from another HRW or private open space area within the proposed development site.


Yes The subject site may be affected by noise associated with the adjoining industrial property to the east at No. 239 Wickham Road. However, the proposal incorporates noise attenuation measures such as double-glazed windows and acoustic window seals.


Yes Dwellings can be readily modified to provide access for persons with limited mobility.


Yes Each dwelling has its own independent entrance, and the dwellings with frontage to Wickham Road and Rowans Road have direct access to the street. Dwelling 2 should have its entrance relocated so that it is visible from the communal car park. See report.


Yes Adequate daylight is provided to new habitable room windows.

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

No Required: 40m2 for each dwelling, with a minimum dimension of 5.0 metres. Proposed: Dwellings 3, 4, 5 and 7 do not provide 40m2 of secluded private open space to the side or rear of the dwelling. Dwellings 1, 3, 8 and 9 provide more than 40m2 of secluded private open space however these areas fail to incorporate a minimum dimension of 5.0 metres. See report for further discussion.


Yes Reasonable north solar access to the private opens areas of each dwelling. Complies with Standard.



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No A 4.5m3 externally accessible storage area is nominated for each dwelling. See report for further discussion.


Yes The existing neighbourhood character comprises a mix of residential and industrial land uses. The proposed dwellings have been designed to ensure minimal visual impact on the adjoining residential properties. Each of the new dwellings feature upper floor levels that are well setback from any respective property boundary and the proposed development is sited in three (3) clusters or “blocks”. Low fencing along Rowans Road and landscaping within the front setbacks of each dwelling will provide a transition between the industrial uses to the west and the residential uses to the east and north.

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

No A 1.8 metre high front fence is proposed along part of the Rowans Road street frontage to screen rubbish bins and part of the private open space of Dwelling 6. See report for further discussion.


Yes Common property including car parking, bin storage areas, vehicle and pedestrian accessways and landscaped areas will be delineated, attractive and easily maintained. Common property will be managed by an Owners Corporation.


Yes Site services and facilities can be installed and easily maintained.



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PC 7 No 556 (Lot 22 on PS 004808) Station Street Carrum – Planning Permit Application No. KP-341/2011

Executive Summary Application No KP-341/2011 Land No 556 (Lot 22 on PS 004808) Station Street, Carrum Proposal Develop the Site for Three (3) Dwellings Permit Trigger Two or More Dwellings on a Lot & Residential Buildings Existing Site Conditions Double storey dwelling Applicant Modularc Zone / Overlays Residential 3 Zone Residential Policy Area Incremental Housing Change Objections 4

1.0 DESCRIPTION OF PROPOSAL 1.1 The application seeks to develop the land for the construction of three (3) dwellings.

Dwelling 1 gains access to Station Street via a separate driveway and crossover, Dwellings 2 and 3 incorporates a shared driveway and crossover also accessed from Station Street. Each dwelling has a minimum of 40m2 of secluded private open space to its side or rear.


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2.2 The site is generally rectangular in shape with a frontage to Station Street of 15.24 metres, a side depth of 56.80 metres, resulting in a site area of 859.36 m2. It currently contains a double storey, weatherboard dwelling, with swimming pool and associated outbuildings. The existing dwelling on the land has a 10.9 metre front setback to Station Street.

3.0 KEY PLANNING CONSIDERATIONS 3.1 The key planning considerations relate to: (a) Neighbourhood Character

The Residential Development Policy at Clause 22.11 of the Scheme encourages the two storey component of new medium density housing to be located towards the front of the site, to respond to the character of the neighbourhood and should be sensitively designed to avoid unreasonable impacts on abutting properties. Well-articulated and graduated elevations are encouraged in order to avoid box like double storey designs and thereby reducing visual bulk. In this instance, the applicant amended the development plans prior to advertising, with amendments including an overall increased set-in of the first floor of dwellings from the ground level below. These modifications addressed Council’s concerns with regard to visual bulk and result in a development which makes a positive contribution to the neighbourhood character. (b) Street Setback The proposed street setback of the first floor balcony of Dwelling 1 does not comply with Standard B6 which requires a setback from Station Street to be the average distance of the dwellings on the abutting allotments, or 9.0 metres, whichever is the lesser. In this case the required street setback is 9.0 metres, with the proposed balcony to be constructed at 7.156 metres from Station Street. It is recommended in this case that a setback of 8.0 metres apply to the new dwelling, which would provide a transition in setback between the recently constructed dwellings to the north and the existing Retirement Village adjoining the site to the south. A reduced setback of 8.0 metres is considered reasonable and can be included as a condition on any permit issued.

(c) Private Open Space Dwellings 1 and 2 would have three (3) bedrooms, and whilst both would have 40m² with a minimum 5 metre dimension, the additional ground level area of open space would be less than 20m² (15.77m² at the rear of Dwelling 1 and 15.02m² at the rear of Dwelling 2). The rear area of open space for Dwelling 1 would be supported by 80.44m² of additional space within the front setback area. With regard to Dwelling 2, the amount of open space falls short of achieving the 20m² minimum by 4.98m². This dwelling would also be provided with a first level balcony as additional space, and given that the site is within walking distance of open space (Carrum foreshore); the 4.98m² variation is considered reasonable. (d) Solar Access to Open Space While the proposed development complies with Standard B29 of Clause 55.05-5 of the Kingston Planning Scheme, it is noted that the secluded private open space areas of all



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three dwellings will be overshadowed at various times through out the day, as shown on the September Equinox Shadow Diagrams provided by the applicant. Notwithstanding this all of the secluded private open space areas are north-facing and Dwellings 1 and 2 will achieve excellent solar access from 12pm onwards, while Dwelling 3 will achieve excellent solar access during the morning and early hours of the afternoon.

3.2 The subject site is identified within Area 6 of the Kingston Neighbourhood Character Study (2003). As part of this study, the average lot size within this area has been calculated to be 578.1m2, which results in a suggested development density of 1 dwelling per 289.05m2. As the site has an overall site area of 859.36m2 the development density would is calculated at 1 dwelling per 286.45m2 (i.e. fails to meet the density recommendation by 2.6m2).

4.0 OBJECTOR CONCERNS 4.1 Four (4) objections were received to the application. A summary of the concern and response

to each ground is provided below:

a) Visual bulk

It is considered that the proposal provides adequate articulation and visual interest, and will not result in visual bulk.

b) Loss of privacy

The properties abutting to the east (rear) and south (side) have both requested a new 2.4 metre high fence along the respective common boundary, to alleviate privacy concerns. A 2.0 metre high fence with 400mm trellis extension along both of these boundaries can be required via a Condition of any approval issued. The owner of the eastern (rear) abutting property has also requested that rear elevation windows be obscure glazed. It is noted that all first floor windows on the eastern elevation of dwelling 3 (which faces the objectors property) are already nominated as obscure glazed. Given that a 2.0 metre high fence with 400mm trellis is proposed along the common boundary, there is no reason to require any obscure glazing to windows at ground floor level.

c) Noise from entertainment area

It is considered that there would be no unreasonable noise sources from the proposal, and certainly no noise sources that are unusual to a dwelling. It is assumed that the outdoor areas of the dwellings will be used from time to time, but there is no evidence to suggest that the level of use would be unusual, and the location of outdoor recreation areas is reasonable.

d) Decrease in street parking Council’s Road and Drains have requested a Condition on any approval issued to require one (1) street parking space to be retained between the crossovers. It is considered that the proposal adequately accommodates on-site parking. Furthermore, it is considered that the surrounding road network would be able to accommodate any additional vehicle movements that are generated by the new dwellings. The proposal does not raise any traffic concerns.



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Kingston Planning Scheme and taking into consideration the concerns raised by objectors, the proposal, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported.



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RECOMMENDATION That Council determine to support the proposal and grant a Notice of Decision to Grant a Permit to develop the land for the construction of three (3) dwellings. at No. No 556 (Lot 22 on PS 004808) Station Street, Carrum, subject to the following conditions: 1. Before the development starts amended plans to the satisfaction of the Responsible

Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on, 24th May, 2011, 8th August, 2011, and 29th August, 2011, but modified to show:


ii) an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site;

iii) the delineation of all garden beds, paving, grassed areas, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;

iv) all existing trees on the site and within three (3) metres to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

v) adequate planting densities (e.g. plants with a mature width of 1 metre, planted at 1 metre intervals);

vi) the provision of two (2) suitable medium sized spreading canopy trees within the front setback of the property and one (1) small (at maturity) tree within the rear/side secluded private open space of each dwelling with all species chosen to be approved by the Responsible Authority;

vii) sustainable lawn areas and plant species taking current water restrictions into consideration;

viii) all trees provided at a minimum of two (2) metres high at time of planting;

ix) a range of plant types from ground covers to large shrubs and trees, species must comprise a minimum of 80% indigenous coastal species;

x) medium to large shrubs and trees provided in pot sizes of 200mm;

xi) the provision of a notation on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

b. a new 2.0 metre high timber paling fence with 400mm trellis extension along the length of the southern and eastern common boundaries;



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c. the setback of the first floor balcony of Dwelling 1 increased to 8.0 metres from Station Street;

d. the door of each garage nominated as a panel lift door, or similar;

e. the location of all externally-located heating and cooling units, exhaust fans and the like, clearly shown;

f. a notation on the site plan stating: “The redundant vehicle crossing must be removed, kerb & channel must be reinstated and the extension to the existing footpath up to the wing of the vehicle crossing must be constructed to the satisfaction of the Responsible Authority”;

g. the provision of a 2000 litre rainwater tank clearly nominated for each new dwelling with water re-use for toilet flushing;

h. a notation on the site plan stating “property boundary, footpath levels and offset between the footpath and property boundary are not to be altered”; and

i. a standard on-street parking bay maintained between the vehicle crossings.


3. Prior to the occupation of the dwellings hereby permitted, the new fences required under Condition 1b) of this permit must be erected to Council’s satisfaction, at the full cost of the applicant/owners.

4. Prior to the removal of the tree from the site’s Station Street nature strip the Developer/Owner must pay to Council a compensation, removal and replacement fee ($405.00) (including GST) for the removal of this existing tree. The removal of this tree must be undertaken by Council, and the Developer/Owner must advise Council when this tree is required to be removed.



7. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bio retention system, rainwater tanks connected for reuse and a detention system.




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10. Stormwater outflow from the development to the Council drainage system should not exceed the predevelopment outflow of the site.

11. Prior to the occupation of the dwellings hereby permitted, or by such later date as is

approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority.

12. Any existing vehicular crossing not in accordance with the endorsed plan must be removed

and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

13. Prior to the occupation of the dwellings hereby permitted, all boundary fences must be

repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner.

14. Prior to the occupation of the dwellings hereby permitted, areas set aside for parking

vehicles, access lanes and paths as shown on the endorsed plans must be: a. Constructed to the satisfaction of the Responsible Authority.









The development and/or use are not started within two (2) years from the date of permit issue.

The development is not completed within four (4) years from the date of permit issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards.



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OR

In the event that the Council wishes to oppose the Officer’s recommendation to support the application, it can do so on the following grounds:



3. The proposal fails to satisfy some of the requirements of Clause 55 of the Kingston Planning Scheme (ResCode), in particular Clause 55.02-1 Neighbourhood Character, Clause 55.02-2 Residential Policy, Clause 55.03-1 – Street Setback, and Clause 55.05-4 Private Open Space.





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APPLICANT Modularc

ADDRESS OF LAND No. 556 Station Street, Carrum


Lot 22 on PS 004808

PROPOSAL Develop the Land for the Construction of Three (3) Dwellings



ZONE Clause 32.04: Residential 3 Zone

OVERLAYS None

OBJECTIONS 4


Development Plans: 8th August 2011 Plan of Survey: 24th May 2011 Materials Schedule: 29th August 2011



No

1.0 RELEVANT LAND HISTORY 1.1 Council records indicate that there is no relevant planning history relating to this site. 2.0 SITE PARTICULARS 2.1 The subject site comprises an 859.36m2 allotment on the eastern side of Station Street in

Carrum, near the intersection with Eel Race Road. It currently contains a double storey weatherboard dwelling with associated sheds and swimming pool. There is some scattered vegetation on the site, none of which is considered significant.

2.2 The site is encumbered by an easement along its rear (eastern) property boundary. There

appear to be no restrictions listed on the Certificate of Title. 2.3 Vehicle access to the site is currently via a single width crossover located on the southern

side of the site’s Station Street frontage. 2.4 There is an existing tree within the Station Street nature strip. 3.0 SURROUNDING ENVIRONS 3.1 The surrounding area typically comprises of single and double storey, brick and

weatherboard dwellings with varied roof forms.



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3.2 Land abutting directly to the north at No. 555 Station Street contains a three (3) dwelling development comprising two (2) double storey dwellings and one (1) single storey dwelling to the rear to the site. Existing development on this site has a 9.84 metre front setback to Station Street.

3.3 Land abutting the site directly to the south at No. 557 Station Street contains a single-storey

weatherboard dwelling with a 16.94 metre setback from Station Street. 3.4 The Bayside Terrace Retirement Village is located one allotment south of the site at No.

560 Station Street. The retirement village consists of a large brick veneer ‘Y’ shaped building which is predominantly single-storey with a central cone-shaped feature doubling the overall height of the building. The retirement village is setback 6.12 metres from Station Street, with the front setback area containing staff and client car parking.

3.5 Land abutting directly to the east at No. 44 Kalimna Street contains a single-storey, brick

veneer dwelling. This dwelling has an area of secluded private open space to its rear abutting the subject site.

3.6 The subject site is directly opposite the Frankston Railway Line to the west. Eel Race Road,

to the south, forms the municipal boundary with the City of Frankston. 4.0 PROPOSAL 4.1 It is proposed to demolish the existing double-storey dwelling, swimming pool and

outbuildings on the land and construct three (3) double storey dwellings on this site. 4.2 Development summary:




1 127.32m² 55.94m² (including 40.17m2 of secluded private open space)

Three (3) Three (double garage & tandem space)


Three (3) Double garage


Three (3) Double garage

4.3 The proposal has a maximum building height of 7.57 metres, an overall site coverage of

37.9% and a permeability of 64.86%. 4.4 The proposed building materials, colours and finishes are summarised in the table below:

Roof: “Woodland Grey” colorbond



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Walls: “Napkin White” rendered brick and “Hawthorne” face brick at ground level & “New Fawn” weatherboard cladding at first floor

Garage doors: Unspecified Windows: Metal framed Driveways: “Charcoal Grey” paving and concrete Front fencing: None proposed

5.0 PLANNING PERMIT PROVISIONS

Zone 5.1 Residential 3 Zone: Pursuant to Clause 32.06-4 of the Kingston Planning Scheme, a

planning permit is required to construct two (2) or more dwellings on a lot. A development must meet the requirements of Clause 55 of the Scheme. The Schedule to the Residential 3 Zone includes a variation to a number of standards within Clause 55.

Overlay

5.2 None

Particular Provisions 5.3 Clause 55 - Two or More Dwellings on a Lot & Residential Buildings – (Refer to Appendix A





Clause 11 Settlement Clause 15 Built Environment and Heritage Clause 16 Housing

6.2 Local Planning Policy Framework (LPPF) Clause 21.05 Residential Land Use Clause 22.11 Residential Development Policy

6.3 Other

6.4 Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 –

Residential Land Use of the LPPF). The land is located within Area 81 of the Neighbourhood Character Guidelines. The guidelines do not identify any ‘critical’ features



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which contribute to neighbourhood character; however there are two ‘major’ features identified in the guidelines which have been identified as contributing to neighbourhood character in the area. These features are varied roof forms with an angle or pitch of 15 – 20o; and varied roof materials and colours with mainly white or pastel weatherboard or rendered walls. A site inspection has confirmed that there are a variety of roof forms, colours and materials used in the street; however the use of white or pastel colours walls does not appear to be typical of development in the immediate vicinity of the site which is predominantly brick veneer. It is considered that the proposal is generally in accordance with the applicable character profile.


22.11 – Residential Development Policy). The Design Contextual Housing Guidelines offer a range of design techniques and suggestions to assist with residential design, which is responsive to local character. It is considered that the proposed development does not raise any issues of non-compliance with these guidelines.

7.0 ADVERTISING 7.1 Prior to advertising, the Permit Applicant submitted revised plans on 8th August, 2011 that

essentially addressed the initial concerns outlined within the Planning Officer’s further information letter. It is these revised plans that formed part of the advertising documentation and are now those that are under consideration by Council.

7.2 The proposal was advertised by sending notices to adjoining and opposite property owners

and occupiers and by maintaining a notice on site for fourteen (14) days. Four (4) objections to the proposal were received. The valid grounds of objection raised are summarised as follows:

Visual Bulk Loss of privacy Overshadowing Noise from entertainment area Parking

7.3 The following objections raised are not valid planning considerations: Devaluation of property

8.0 PRELIMINARY CONFERENCE 8.1 A preliminary conference was held on 11th November 2011 with the relevant Planning

Officer, the Permit Applicant and one (1) objector in attendance. The above-mentioned issues were discussed at length.

8.2 The above concerns were unable to be resolved at the preliminary conference, and the

objections still stand. 9.0 REFERRALS



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9.1 The application was referred to the following internal departments:

Council’s Development Engineer Council’s Vegetation Management Officer Council’s Roads and Drains Council’s Street Tree Co-ordinator

9.2 Council’s Development Engineer raised no objection to the application, subject to standard

conditions included on any permit issued relating to the provision of a rainwater tank for water re-use, and appropriate stormwater management design.

9.3 Council’s Vegetation Management Officer raised no objection to the application, subject to

a standard condition included on any permit issued relating to the provision of a landscape plan.

9.4 Council’s Roads and Drains Department had no objection to the application, subject to

standard conditions being included on any permit issued relating to maintaining boundary and footpath levels and off-sets, maintaining an on-street parking bay and constructing vehicle crossings to the satisfaction of Council.

9.5 Council’s Street Tree Co-ordinator had no objection to the application, including the

removal of a street tree, subject to a condition on any permit issued relating to the cost associated with the tree’s removal.






o Neighbourhood character and landscape considerations;



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o The limits of land capability and natural hazards and environmental quality; o Service limitations and the costs of providing infrastructure.



10.4 Clause 15 (Built Environment and Heritage) aims to ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.


conservation of places of Aboriginal cultural heritage significance. 10.6 The Subject Land is not identified in an area of Aboriginal Cultural Heritage Sensitivity. 10.7 Housing objectives are further advanced at Clause 16. This Clause aims to encourage











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10.11 The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston Planning Scheme, seeks to provide guidance to development in residential zoned land, mixed use zoned lands and land within activity centres. The Residential Land Use Framework Plan illustrates the range of housing outcomes sought across the City of Kingston.






10.13 Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning






To encourage new residential development to achieve architectural and urban

design outcomes that positively respond to neighbourhood character having particular regard to that identified in the Kingston Neighbourhood Character Guidelines – August 2007.



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To promote on-site car parking which is adequate to meet the anticipated needs of future residents.

To ensure that landscaping and trees remain a major element in the appearance

and character of the municipality’s residential environments.

To limit the amount and impact of increased stormwater runoff on local drainage systems.

To ensure that the siting and design of new residential development takes account

of interfaces with sensitive and strategic land uses.

10.16 It is considered that the proposed development generally complies and satisfies the State and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing in appropriate locations. This is discussed in the Clause 55 assessment, later within this report.





Clause 55.02 – Neighbourhood Character & Infrastructure Standard B1 – Neighbourhood Character

11.3 The objective of this Clause 55.02-1 is ‘to ensure that the design respects the existing neighbourhood character and responds to the features of the site and surrounding area’. Standard B1 of ResCode suggests that the proposed design should respect the existing or preferred neighbourhood character and respond to the features of the site.

11.4 The subject site is located within a predominately residential area where single and double-

storey built form is prevalent. 11.5 The Residential Development Policy at Clause 22.11 of the Scheme encourages the two

storey component of new medium density housing to be located towards the front of the site, to respond to the character of the neighbourhood and should be sensitively designed to avoid unreasonable impacts on abutting properties. Generally, whilst the development proposes three (3) double storey dwellings, it does achieve this.

11.6 It is also noted that well-articulated and graduated elevations are encouraged in order to avoid box like double storey designs and thereby reducing visual bulk. In this instance, the



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applicant amended the development plans prior to advertising, with amendments including an overall increased set in of the first floor of dwellings from the ground level below. These modifications addressed Council’s initial concerns with regard to visual bulk. It is considered that the proposed dwellings will make a positive contribution to the neighbourhood character.



with the relevant State and Local Planning Policy Framework. An assessment against Kingston’s MSS and Residential Development Policy has been provided at Section 10 of this Report, with the proposal found to be generally in accordance with the relevant policies.

11.8 Further to the assessment at Section 10, as the site is located within a Residential 3 Zone,

Clause 22.11 seeks to manage development pressures by instituting a requirement to achieve averaged lot sizes within Incremental Housing Change Areas.

11.9 To achieve this, Council’s Strategic Planning Department undertook a study across the

municipality in 2003 (Kingston Neighbourhood Character Study) to identify any emerging patterns with regard to average lot sizes. As such, six (6) areas were identified within the municipality, each having their own ‘average lot size’ calculation.

11.10 The subject site is identified within Area 6 of this study. The average lot size within this

area has been calculated to be 578.1m2, which results in a suggested development density of 1 dwelling per 289.05m2. As the site has an overall site area of 859.36m2 the development density would be calculated at 1 dwelling per 286.45m2 (i.e. fails to meet the suggested density by 0.9%). Although the proposal does not meet this strategy, it is considered that the development proposes an appropriate number of dwellings on this site as demonstrated by its overall compliance with ResCode and the Schedule to the Residential 3 Zone requirements. Further, the proposal is deemed appropriate as the shortfall is particularly small and there are examples of similar lot sizes in the immediate area which contain three dwellings (i.e. the abutting property at 555 Station Street).



Clause 55.03 – Site Layout and Building Massing Standard B6 – Street Setback

11.12 The proposed street setback of the first floor balcony of Dwelling 1 does not comply with

Standard B6 which requires a setback from Station Street to be the average distance of the dwellings on the abutting allotments, or 9.0 metres, whichever is the lesser. In this case the required street setback is 9.0 metres, with the proposed balcony to be constructed at 7.156 metres from Station Street. It is recommended in this case that a setback of 8.0 metres apply to the new dwelling, which would provide a transition in setback between the recently constructed dwellings to the north and the existing Retirement Village adjoining the site to the south. A reduced setback of 8.0 metres is considered reasonable and can be included



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as a condition on any permit issued.

Clause 55.05 – On-Site Amenity and Facilities Standard B28 – Private Open Space

11.13 The objective of this Standard is “to provide adequate private open space for the

reasonable recreation and service needs of residents”. 11.14 Dwelling 3 would comply with the objective and minimum private open space requirements

specified in the Schedule to the Residential 3 Zone which varies this Standard. Dwellings 1 and 2 would have 40m² of secluded private open space with a minimum 5 metre dimension, however the additional ground level area of open space would be less than 20m² (15.77m² at the rear of Dwelling 1 and 15.02m² at the rear of Dwelling 2).

11.15 The rear area of open space for Dwelling 1 would be supported by 80.44m² of additional

space within the front setback area, and therefore it is considered that the objective of this Standard to provide adequate private open space is met. With regard to Dwelling 2, the amount of open space falls short of achieving the 20m² minimum by 4.98m². This dwelling would also be provided with a first level balcony as additional space, and given that the site is within walking distance of open space (Carrum foreshore); the 4.98m² shortfall is considered reasonable.

Standard B29 – Solar Access to Open Space

11.16 The key objective of this Standard is to “allow solar access into the secluded private open space of new dwellings and residential buildings”.

11.17 While the proposed development complies with Standard B29 – Solar Access to Open Space objective of Clause 55.05-5 of the Kingston Planning Scheme, it is noted that the secluded private open space areas of all three dwellings will be overshadowed at various times through out the day, as shown on the September Equinox Shadow Diagrams provided by the applicant. Notwithstanding this all of the secluded private open space areas are north-facing and Dwellings 1 and 2 will achieve adequate solar access from 12pm onwards, while Dwelling 3 will achieve adequate solar access during the morning and early hours of the afternoon.

12.0 RESPONSE TO GROUNDS OF OBJECTIONS 12.1 The objector concerns have largely been addressed in the attached Appendix A and, where

necessary, further elaborated on in the assessment above. 13.0 CONCLUSION: 13.1 The proposed development is considered appropriate for the Site, subject to conditions, as

evidenced by:

The compatibility of the design and siting with the surrounding area; The mitigation of off-site amenity impacts; and



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A suitable level of compliance with all relevant policies, including Clause 55 of the Kingston Planning Scheme.



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Yes The proposed development is generally site responsive to the features of the site and surrounding properties. Similar types of double-storey medium density housing development exist within the surrounding area. The subject land is located within Profile Area No. 81 of Council’s Neighbourhood Character Guidelines. Refer to Report for further discussion on Neighbourhood Character.


Yes See Section 11 of this Report for further discussion – complies with Council Policy.


N/A Only applies to developments of 10 or more dwellings.


Yes A number of engineering conditions are recommended on any planning permit issued regarding the protection of the site’s drainage infrastructure.


Yes There is no front fence proposed. The development would be orientated towards the street. The front entrance to each dwelling would be easily and clearly visible from the street or internal accessway.


No Dwelling 1 would have a 7.615 metre front setback. A minimum setback of 9.0 metres is required for this Standard. See Section 11 for further discussion.

B7 Building Height Yes Maximum: 9 metres



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Building height should respect the existing or preferred neighbourhood character.

Proposed: 7.57 metres (at highest)

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

Yes Maximum: 50% Proposed: 37.9%


Yes At least: 20% Proposed: 64.86%


Yes Solar access to dwellings on adjoining lots and within the subject site would not be unreasonably reduced. All dwellings would have north facing windows to living areas and north-facing secluded private open space areas.


N/A


Yes Reasonable surveillance opportunities would be provided for each dwelling. The front entrance to each dwelling would not be obscured or isolated from the street.





Yes No significant vegetation would be removed from the subject site. Council’s Vegetation Management Officer has advised that a landscape plan and associated planting schedule would be required as a condition of any permit issued for the proposal.

B14 Access Yes Vehicles leaving Dwellings 2 and 3 via the



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

shared driveway are able to egress in a forward manner. The widths of the proposed crossovers are 3.0 metres which complies with the Scheme.


Yes Each dwelling is provided with covered car parking. The car parking facilities are conveniently located to the road and the proposed dwellings. The garages have been design for safe and efficient vehicle movements within the site.


Yes Required: Two (2) spaces for each dwelling Proposed: Each dwelling will be provided with a double garage.


Yes Dwelling 1 Required: Ground Floor North: 1.0m East: N/A South: 1.0m West: N/A (frontage) First Floor North: 1.63m East: N/A South: 1.63m West: N/A (frontage) Dwelling 2 Required: Ground Floor North: 1.0m East: N/A South: 1.0m West: N/A First Floor North: 1.63m East: N/A South: 1.63m

Dwelling 1 Proposed: Ground Floor North: 0m (refer to

Standard B18) East: N/A South: 3.65m West: N/A (frontage) First Floor North: 1.91m East: N/A South: 3.6m West: N/A (frontage) Dwelling 2 Proposed: Ground Floor North: 0m (refer to

Standard B18) East: N/A South: 4.38m West: N/A First Floor North: 1.91m East: N/A South: 5.15m



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West: N/A Dwelling 3 Required: Ground Floor North: 1.0m East: 1.0m South: N/A West: N/A First Floor North: 1.63m East: 1.63m South: 1.63m West: N/A

West: N/A Dwelling 3 Proposed: Ground Floor North: 0m (refer to

Standard B18) East: 2.8m South: N/A West: N/A First Floor North: 2.58m East: 2.8m South: 2.0m West: N/A


Yes Complies. The average height of the wall to be constructed on the site’s north (side) property boundary is nominated as being a maximum of 3.026 metres above natural ground level, with an average maximum height of 2.613 metres above natural ground level. The combined length of boundary walls to be constructed on the northern boundary is 19.36 metres. The north boundary is 56.80 metres long. No more than 19.36 metres of walls should be constructed on this boundary (10m + 25% of 37.42m = 19.36m).


Yes Complies. All existing habitable room windows on adjoining properties will continue to receive adequate daylight.


Yes No buildings are proposed to be constructed opposite any existing north facing habitable room windows that are within 3 metres of a boundary.


Yes Overshadowing to secluded private open space on adjoining lots is within the requirements of this standard.


Yes The proposal would not result in overlooking to the secluded private open space and habitable room windows of adjoining lots.



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Yes The proposal would not result in any internal views.


Yes Unreasonable noise is not expected to be generated from the development; similarly there are no external noise sources that would impact on the amenity of future residents of the development. It is assumed that the outdoor areas of the dwellings will be used from time to time, but there is no evidence to suggest that the level of use would be unusual, and the location of outdoor recreation areas is reasonable.


Yes The entry of each dwelling would be accessible to people with limited mobility.


Yes The entrance to each dwelling would be visible and easily identifiable from the street or internal driveway. An entry porch is proposed for all dwellings.


Yes A minimum of 1.0 m clear to sky is proposed for all windows.


No Required: 60m2 Refer to discussion in Section 11 of this report.


Yes The secluded private open space would be located on the north side of each dwelling and the southern boundary setbacks meet the requirements of this standard.


Yes 6m3 of storage is proposed for each dwelling within the open space areas.


Yes The design detail respects the neighbourhood character.



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Yes Maximum: 1.2 metre Proposed: No front fence


Yes Common property would be clearly delineated and functional and capable of efficient management.


Yes Bins are easily stored and transported to the kerb. The rear areas of each dwelling could be efficiently accessed for garden maintenance.



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PC 8 No. 14 (Lot 15 on PS 010874) Rowson Grove, Clarinda – Planning Permit Application No. KP-379/2011

Executive Summary Application No KP-379/2011 Land No. 14 (Lot 15 on PS 010874) Rowson Grove, Clarinda Proposal Develop three (3) dwellings on this site. Permit Trigger Construct two or more dwellings on a lot Existing Site Conditions Single storey dwelling Applicant Alex Levin Zone / Overlays Residential 3 Zone Residential Policy Area Incremental Housing Change Objections None Planner Emma Hilderink

1.0 DESCRIPTION OF PROPOSAL 1.1 The application seeks to develop the land for the construction of three (3) dwellings in a

side-by-side configuration. Each dwelling incorporates a separate driveway and crossover accessed from Rowson Grove, with 60m2 of secluded private open space to the rear.


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2.2 The site is generally rectangular in shape with a frontage to Rowson Grove of 19.15 metres, a side depth of 36.83 metres, resulting in a site area of 697.521m2. It currently contains a single storey, weatherboard dwelling and associated outbuildings. The existing dwelling on the land has a 9.03 metre front setback to Rowson Grove. Notably the location of the site is near the Baxter Tip (approximately 200 metres to the south) and falls just within the Urban Growth Boundary.

3.0 KEY PLANNING CONSIDERATIONS 3.1 The key planning considerations relate to:

(a) Neighbourhood character

Single storey development has not been identified as a major or critical contribution to neighbourhood character in the Neighbourhood Character Guidelines, however it is noted that single storey is typical of the immediately adjoining dwellings. Given this, it is considered that any double storey elements should be sensitively designed with the second storey set back from its ground floor footprint, in order to reduce the impact of visual bulk. It is considered that the first floor level of the dwellings have been adequately recessed in from the ground level directly below, and are detailed and articulated so they will sit appropriately within the streetscape. The first floor level of Dwellings 1 and 2 are attached; however they are not bulky or dominant when presenting to the street and abutting properties. Further to this the dwellings would be sufficiently setback from the front boundary so that the existing canopy tree to be retained within the front setback, and so that additional landscaping can be planted to soften the appearance of the dwellings. The garages have been recessed behind the front dwelling wall and would not dominate the front façade. Overall, the dwellings are considered to be consistent with the streetscape and broader neighbourhood character.

(b) Energy efficiency The attached nature of construction has resulted in dwellings that have a generally poor level of northern sunlight access to main habitable room (family area) windows. However, the family room windows of each dwelling would achieve sufficient solar access by way of east facing windows. The private open space for each dwelling would receive good northern sunlight access, and would also have direct access from the family room within each dwelling. Given this, waiving the requirements of this Standard can be justified in this instance. (c) Vegetation considerations

Council’s Vegetation Management Office has recommended that a condition should be placed on any permit issued requiring tree protection measures for the existing canopy tree (Agonis flexuosa) within the front setback area, including the use of “Grasscrete” or similar



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permeable material for the driveways of Dwellings 1 and 2, due to their close proximity to the Agonis flexuosa tree. This can be required via a condition of any approval issued. (d) Access considerations

Three (3) vehicle crossovers are proposed with 54% of the site frontage being accessways. Notwithstanding this it is noted that there is ample street parking in the vicinity on Rowson Grove even with the proposed loss of two (2) parking spaces in front of the site. There would be adequate car parking available on the site with a single garage and tandem space provided for each dwelling.

It is also considered that there is adequate landscaping provided between the accessways to soften their appearance. The accessways for Dwellings 1 and 2 will be required to be constructed in “Grasscrete” or similar which will also soften the impact of the semi-sealed surface area when viewed from the street. Overall, the amount of site frontage used for accessways can be justified in this instance.


(May 2003). As part of this study, the average lot size within this area has been calculated to be 608.5m2, which results in a suggested development density of 1 dwelling per 304.25m2. As the site has an overall site area of 697.521m2 the development density would be calculated at 1 dwelling per 232.507m2. Although the proposal does not meet this strategy, it is considered that the development proposes an appropriate number of dwellings on this site as demonstrated by its overall compliance with ResCode and the Schedule to the Residential 3 Zone requirements. This matter will be further discussed at a later section within this report.


Kingston Planning Scheme, the proposal, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported.



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RECOMMENDATION That Council determine to grant a Planning Permit to develop the land for the construction of three (3) dwellings at No. 14 (Lot 15 on LP 010874) Rowson Grove, Clarinda, subject to the following conditions: 1. Before the development starts amended plans to the satisfaction of the Responsible

Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be substantially in accordance with the plans submitted to Council on 22nd August, 2011, but modified to show:






v. adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at 1 metre intervals);

vi. the provision of one (1) suitable medium sized (at maturity) canopy tree within the front setback of the property and one (1) small (at maturity) tree within the private open space area of each dwelling, with species chosen to be approved by the Responsible Authority;

vii. the retention of the Agonis flexuosa (Willow Myrtle) growing within the front set back;

viii. sustainable lawn areas and plant species taking current water restrictions into consideration;

ix. all trees provided at a minimum of two (2) metres in height at time of planting;

x. medium to large shrubs to be provided at a minimum pot size of 200mm; and

xi. the provision of notes on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

xii. nomination that the driveway adjacent to the Agonis flexuosa (Willow Myrtle) located within the site’s front setback is constructed to Australian Standard-Protection of Trees on Development Sites AS4970-2009;



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xiii. the provision of a notation on the landscape and ground floor plans stating “before the development commences (demolition or construction) grasscrete or similar product to the satisfaction of the Responsible Authority, must be laid using a sand sub base within the TPZ of the Agonis flexuosa (Willow Myrtle) growing within the front setback”.

xiv. the provision of a notation of the Tree Protection Details as provided in Conditions 3, 4, 5, 6 and 7 of this permit.

c. the door of each garage nominated as a panel lift door, or similar;

d. the provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development;

e. the provision of varying colours to the first floor facades of each dwelling, to enhance the appearance of the design with the inclusion of modest tones that respond with the character of the area;

f. the location of all externally-located heating and cooling units, exhaust fans and the like, clearly shown;

g. the provision of minimum 2000 litre rainwater tank clearly nominated for each new dwelling with water re-use for toilet flushing;

h. the driveway of Dwellings 1 and 2 nominated as being constructed in “Grasscrete” or similar to the satisfaction of the Responsible Authority, with the surface material of all other driveways / accessways and car parking spaces nominated in all-weather coloured concrete sealcoat, or similar;

i. a notation on the floor / site plan(s) stating: “The redundant vehicle crossing must be removed, kerb & channel must be reinstated to the satisfaction of the Responsible Authority”;

j. the guttering pertaining to the garages / walls on boundary on the site’s north and south property boundaries nominated as being contained wholly within the title property boundaries of the subject land;

k. the doors of garages 1, 2 and 3 swinging away from the garage not into the garage; and

l. a minimum 1.0 metre by 1.0 metre splay provided at the edge of the driveway and property line for all dwellings.

General







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Landscaping

8. A Tree Protection Zone (TPZ) must be installed at a distance of 2.5 metres from the Agonis flexuosa (Willow Myrtle) located in the front setback of the property. A qualified Arborist is to be employed to oversee any works (excavation and or construction) outside of this zone. The following must be observed within 2.5m of the tree:

a) the existing soil level must not be altered either by fill excavation;

b) the soil must not be compacted or the soil’s drainage changed;

c) no fuels, oils, chemicals, poisons, rubbish and other materials harmful to trees are to be stored or dispersed;

d) no storage of equipment, machinery or material is to occur;

e) open trenching to lay underground services e.g.: drainage, water, gas, etc. must not be used;

f) tree roots must not be severed or injured; and

g) machinery must not be used to remove any existing concrete, bricks or other materials.

without the further consent in writing of Council’s Vegetation Management Officer.

9. Prior to the commencement of the development herby permitted a Tree Protection Fence defined by a 1.2 metre high temporary fence constructed using steel or timber posts fixed in the ground or to a concrete pad, with the fence’s side panels to be constructed of cyclone mesh wire or similar strong metal mesh or netting, must be erected 2.5m in a radius from the Agonis flexuosa (Willow Myrtle). The above requirements in Condition 3 must be observed within this area.

10. All tree pruning work must be in accordance with the Australian Standards AS4373 (2007) “Pruning of Amenity Trees” and be undertaken by a qualified and experienced Arborist.

11. No services must be laid within 5 metres of the Agonis flexuosa (Willow Myrtle). All underground services must be hand dug within 10 metres of the tree, to the satisfaction of the Responsible Authority.

12. All contractors and personnel on site must be made aware of the tree protection conditions for the Agonis flexuosa (Willow Myrtle).


Engineering

14. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system,



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rainwater tanks connected for reuse and a detention system. The overall outflow of the site to Council drainage system must be limited to 5 l/s.



17. Prior to the occupation of the dwellings hereby permitted, or by such later date as is approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority.



i. Constructed to the satisfaction of the Responsible Authority.

ii. Properly formed to such levels that they can be used in accordance with the plans.

iii. Surfaced in accordance with the endorsed plans under this permit or in an all weather coloured concrete seal-coat, to the satisfaction of the Responsible Authority.

iv. Drained and maintained to the satisfaction of the Responsible Authority.


Time Limit


The development is not started within two (2) years from the date of permit issue. The development is not completed within four (4) years from the date of permit issue.






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OR In the event that the Council wishes to oppose the Officer’s recommendation to support the application, it can do so on the following grounds:



3. The proposal fails to satisfy some of the requirements of Clause 55 of the Kingston Planning Scheme (ResCode), in particular Clause 55.02-1 Neighbourhood Character, Clause 55.02-2 Residential Policy, Clause 55.03-5 Energy Efficiency, Clause 55.03-8 Landscaping, and Clause 55.03-9 Access.





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APPLICANT A Levin

ADDRESS OF LAND No. 14 Rowson Grove, Clarinda


Lot 15 on LP 010874

PROPOSAL Develop the land for the construction of three (3) dwellings



ZONE Clause 32.06 - Residential 3 Zone

OVERLAYS None

OBJECTIONS None


22nd August 2011


No


1.0 RELEVANT LAND HISTORY 1.1 Council records indicate that there is no relevant planning history relating to this site. 2.0 SITE PARTICULARS 2.1 The site is generally rectangular in shape with a frontage to Rowson Grove of 19.15

metres, a side depth of 36.83 metres, resulting in a site area of 697.521m2. It currently contains a single storey, weatherboard dwelling and associated cement sheet garage at the rear of the site. The existing dwelling on the land has a 9.03 metre front setback to Rowson Grove.

2.2 The land gently slopes from the south-western corner to the to the north-east corner of the

site. There is an existing large canopy tree (Agonis flexuosa) within the frontage setback area. There appears to be no restrictions listed on the Certificate of Title.

2.3 The land sits one (1) site south of the intersection of Rowson Grove and Tully Road.

Vehicle access to the site is currently via a single width crossover located on the northern side of the site’s Rowson Grove frontage. There is an existing street tree midway along the Rowson Grove nature strip.

3.0 SURROUNDING ENVIRONS 3.1 The surrounding area typically comprises of detached, single and double storey, brick and

weatherboard dwellings. There is no predominant fencing style in the neighbourhood. Baxter Tip is approximately 130 metres to the south on Leslie Road.



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3.2 There are examples of side-by-side, multi unit dwelling development (23 dwellings) at 41 – 49 Tully Road to the north of the subject site.


North: A single storey, weatherboard dwelling with a crossover to Tully Road (corner site). This dwelling includes a 7.925 metre front setback from Rowson Grove.

East: A single storey, brick veneer dwelling with a crossover to Clayton Road. South: One single-storey weatherboard dwelling and one single-storey brick veneer

dwelling with a shared crossover located near the northern end of its frontage. The front dwelling has a 7.6 metre front setback from Rowson Grove.

West: On the opposite side of Rowson Grove there us a single storey, brick veneer

dwelling with a crossover located near the southern end of its frontage. This dwelling includes a 4.5 metre front setback from Rowson Grove.

4.0 PROPOSAL 4.1 It is proposed to demolish the existing dwelling and outbuildings on the land and construct

three (3) dwellings on this site.

4.2 Dwelling 1 comprises: An attached double storey dwelling with vehicle access provided by a new vehicle crossover located at the southern end of the site’s property frontage. The dwelling is to be provided with a single width garage and a tandem car parking space to accommodate for the occupants of the three (3) bedroom dwelling. The secluded private open space area (60m2) to the rear of the dwelling is accessed via the open plan living area, with additional open space provided to the front of the dwelling. The secluded private open space area has a minimum width of 6.495 metres. Dwelling 1 has a front setback of 9.3 metres to Rowson Grove.

4.3 Dwelling 2 comprises: An attached double storey dwelling with vehicle access provided

by a new vehicle crossover located near the northern end of the site’s property frontage. The dwelling is to be provided with a single width garage and a tandem car parking space to accommodate for the occupants of the three (3) bedroom dwelling. The secluded private open space area (60m2) to the rear of the dwelling is accessed via the open plan living area, with additional open space provided to the front of the dwelling. The secluded private open space area has a minimum width of 6.175 metres. Dwelling 2 has a front setback of 8.3 metres to Rowson Grove.

4.4 Dwelling 3 comprises: An attached double storey dwelling with vehicle access provided

by a re-aligned vehicle crossover located at the northern end of the site’s property frontage. The dwelling is to be provided with a single width garage and a tandem car parking space to accommodate for the occupants of the three (3) bedroom dwelling. The secluded private open space area (60m2) to the rear of the dwelling is accessed via the open plan living area, with additional open space provided to the front of the dwelling. The secluded private open space area has a minimum width of 6.48 metres. Dwelling 3 has a front setback of 8.3 metres to Rowson Grove.



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4.5 The dwellings are to be constructed in a variety of materials, including face brickwork at ground level, rendered brickwork at first floor level and tiled roofing. No roof or cladding colours have been specified by the applicant. No front fencing is proposed.

4.6 The proposal has an overall site coverage of 46 percent and a permeability percentage of

at 44%. 5.0 PLANNING PERMIT PROVISIONS

Zone

5.1 Residential 3 Zone: Pursuant to Clause 32.06-4 of the Kingston Planning Scheme, a planning permit is required to construct two (2) or more dwellings on a lot. A development must meet the requirements of Clause 55 of the Scheme. The Schedule to the Residential 3 Zone includes a variation to a number of standards within Clause 55.

Particular Provisions

5.2 Clause 55 - Two or More Dwellings on a Lot & Residential Buildings – (Refer to Appendix A





Clause 11 Settlement Clause 12 Environmental and Landscape Values Clause 15 Built Environment and Heritage Clause 16 Housing

6.2 Local Planning Policy Framework (LPPF) Clause 21.05 Residential Land Use Clause 22.11 Residential Development Policy

6.3 Other



22.11 – Residential Development Policy). The Design Contextual Housing Guidelines offer



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a range of design techniques and suggestions to assist with residential design, which is responsive to local character.


and occupiers and by maintaining a notice on site for fourteen (14) days. No objections to the proposal have been received.


Council’s Development Engineer – raised no objection to the application, subject to conditions included on any permit issued relating to the management of stormwater and the provision of a rainwater tank.

Council’s Vegetation Management Officer - raised no objection to the application,

subject to conditions included on any permit issued relating to the protection of a large Agonis tree within the front setback of the site and the use of ‘grasscrete’ as a paving alternative for the driveways to Dwelling 1 and 2. The Vegetation Officer has also recommended that a landscape plan be provided.

Council’s Street Tree Officer - raised no objection to the application, and noted that the

existing street tree had already been identified for removal by Council’s due to the tree’s declining health.

Council’s Traffic Engineer - raised no objection to the application, subject to conditions

included on any permit issued relating to the garage doors, the provision of a driveway splay, the removal and reinstatement of the existing vehicle crossover. Council’s Traffic Engineer has also recommended a Traffic Management Plan, prepared by a suitably qualified engineer, be submitted to Council for the management of traffic during the construction phase of the development. This is considered to be an onerous request for a relatively small-scale residential development on a local road, and has not been included as a condition on the permit for this reason.

Council’s Roads and Drains Department – has objected to the application due to the

proposed loss in on-street parking. However it is noted that there is ample car parking available in Rowson Grove, even with the loss of street parking directly in front of the subject site. In addition the development proposes two (2) on-site parking spaces which will lessen the likelihood of vehicles parking on the street.



residential development at Clause 11 (Settlement), Clause 15 (Built Environment and



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Heritage) and Clause 16 (Housing). Essentially, the provisions within these clauses seek to achieve the fundamental objectives and policy outcomes sought by the Metropolitan Strategy – ‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have been removed from an individual clause and integrated throughout the State Planning Policy Framework.






9.4 Clause 13 (Environmental Risks) aims to ensure that planning adopts a best practice environmental management and risk management approach which aims to avoid or minimise environmental degradation and hazards. Further, planning should identify and manage the potential for the environment, and environmental changes, to impact upon the economic, environmental or social well-being of society.

9.5 Clause 15 (Built Environment and Heritage) aims to ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.


conservation of places of Aboriginal cultural heritage significance. The Subject Land is not identified in an area of Aboriginal Cultural Heritage Sensitivity.

9.7 Housing objectives are further advanced at Clause 16. This Clause aims to encourage



types to meet the increasingly diverse needs of the community. Emphasis is placed on



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development of well-designed medium density housing with respect to neighbourhood character. Further, this Clause aims to make better use of the existing infrastructure and provide more energy efficient housing.






9.11 The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston

Planning Scheme, seeks to provide guidance to development in residential zoned land, mixed use zoned lands and land within activity centres. The Residential Land Use Framework Plan illustrates the range of housing outcomes sought across the City of Kingston.


To provide a range of housing types across the municipality to increase housing diversity and cater for the changing housing needs of current and future populations, taking account of the capacity of local areas in Kingston to accommodate different types and rates of housing change. This is to be achieved through encouraging residential development within activity centres via mixed-use development, and on transitional sites at the periphery of activity centres.

To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality. This is to be achieved through promoting new residential development, which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood.

To promote more environmentally sustainable forms of residential development. To be achieved through promoting medium density housing development in close proximity to public transport facilities, particularly train stations.

To ensure residential development does not exceed known physical infrastructure capacities.

9.13 Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning Policy relevant to housing, stressing the need to encourage urban consolidation in appropriate locations and to accommodate projected population increases.



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To encourage new residential development to achieve architectural and urban design outcomes that positively respond to neighbourhood character having particular regard to that identified in the Kingston Neighbourhood Character Guidelines – August 2007.

To promote on-site car parking which is adequate to meet the anticipated needs of

future residents.


To limit the amount and impact of increased stormwater runoff on local drainage

systems.

To ensure that the siting and design of new residential development takes account of interfaces with sensitive and strategic land uses.







Clause 55.02-1 – Neighbourhood Character & Infrastructure



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Standard B1 – Neighbourhood Character



10.4 Single storey development has not been identified as a major or critical contribution to

neighbourhood character in the Neighbourhood Character Guidelines Area 39 however, it is noted that single storey is typical of the immediately adjoining dwellings, with the streetscape and broader neighbourhood character, containing a mix of single-storey and double-storey dwellings. Examples of double-storey dwellings are at Nos. 2, 3, 5 and 6 Rowson Grove and examples of multi-unit attached dwellings at Nos. 41-49 Tully Road (23 dwellings), at No.1A and 1B Rowson Grove.

10.5 Any double storey elements should be sensitively designed with the second storey set back

from its ground floor footprint, in order to reduce the impact of visual bulk for abutting properties. It is considered that the first floor level of the dwellings have been adequately recessed in from the ground level directly below, and are detailed and articulated so they will sit appropriately within the streetscape. The first floor level of Dwellings 1 and 2 are attached; however they are not bulky or dominant, and present well to the street and abutting properties.

10.6 Further to this the dwellings would be well setback from the front boundary, enabling the

existing canopy tree to be retained within the front setback, and additional landscaping to soften the appearance of the dwellings. The garages have been recessed behind the front dwelling wall and would not dominate the front façade.

10.7 Building placement has been identified as a typical characteristic in Neighbourhood

Character Guidelines Area 39. Typically dwellings in the neighbourhood have narrower side setback of 0-1.0m, front setback of 5-9m and wider side setback of 3-5m. The proposed development would extend across the site with walls on both side boundaries. It is noted that building placement is a “typical” rather than “major” or “critical” characteristic, and the proposal is considered appropriate in terms of building placement and will blend in with the streetscape, which includes duplex development to the north at Nos. 41-49 Tully Road, at No.1A and 1B Rowson Grove.



with the relevant State and Local Planning Policy Framework. An assessment against Kingston’s MSS and Residential Development Policy has been provided at Section 9 of this report, with the proposal found to be generally in accordance with the relevant policies.

10.9 Further to the assessment at section 9, as the subject site is located within a Residential 3

Zone, Clause 22.11 seeks to manage development pressures by instituting a requirement to achieve averaged lot sizes within Incremental Housing Change Areas.



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10.10 To achieve this, Council’s Strategic Planning Department undertook a study across the municipality in 2003 (Kingston Neighbourhood Character Study) to identify any emerging patterns with regard to average lot sizes. As such, six (6) areas were identified within the municipality, each having their own ‘average lot size’ calculation.


(May 2003). As part of this study, the average lot size within this area has been calculated to be 608.5m2, which results in a suggested development density of 1 dwelling per 304.25m2. As the site has an overall site area of 697.521m2 the development density would be calculated at 1 dwelling per 232.507m2. Although the proposal does not meet this strategy, it is considered that the development proposes an appropriate number of dwellings on this site as demonstrated by its overall compliance with ResCode and the Schedule to the Residential 3 Zone requirements.



Clause 55.03 - Site Layout and Building Massing Standard B10 – Energy Efficiency

10.13 The key objectives of these Standards is “to ensure the orientation and layout of

development reduce fossil fuel energy use and make appropriate use of daylight and solar energy”; and to “allow solar access into the secluded private open space of new dwellings and residential buildings”.

10.14 The attached nature of construction has resulted in dwellings that have a generally poor

level of northern sunlight access to main habitable room (family area) windows. However, the family room windows of each dwelling would achieve sufficient solar access by way of east facing windows. The private open space for each dwelling would receive good northern sunlight access, and would also have direct access from the family room within each dwelling. Given this, waiving the requirements of this Standard can be justified in this instance.

Standard B13 – Landscaping

10.15 The landscaping policy seeks to encourage the retention of mature vegetation on the site.

Council’s Vegetation Management Office has recommended that a condition should be placed on any permit issued requiring tree protection measures for the existing canopy tree (Agonis flexuosa) within the front setback area, including the use of “Grasscrete” or similar permeable material for the driveways of Dwellings 1 and 2, due to their close proximity to the Agonis flexuosa tree. The retention of the Agonis tree will serve to soften the built form, provide interest to the site, and will screen the new dwellings from the street. It is considered that the retention of the Agonis tree along with additional landscape planting within the front setback and secluded private open space areas will significantly benefit the development and the amenity of the wider locality.

Standard B14 – Access



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10.16 Standard B14 states that the width of accessways should not exceed 40 per cent of the street frontage, with the intention of limiting loss of on-street parking spaces. Three (3) vehicle crossovers are proposed with 54% of the site frontage being accessways. Council’s Roads and Drain Department do not support the proposal due to the loss in two (2) street parking spaces. While the shortfall is not desirable, it is noted that there is ample street parking in the vicinity on Rowson Grove even with the proposed loss in street parking in front of the site. There would also be adequate car parking available on the site with a single garage and tandem space provided for each dwelling.

10.17 It is believed there is adequate landscaping provided between the accessways to soften

their appearance. The accessways for Dwellings 1 and 2 will be required to be constructed in “Grasscrete” or similar which will also soften the impact of the semi-sealed surface area when viewed from the street.

10.18 The provision of a single access point for each dwelling is considered acceptable and is

encouraged by the standard providing safe and convenient parking. As such while the technical standard cannot be met in this case it is submitted that the Objective to “ensure vehicle access to and from the site is safe, manageable and convenient” has been met, while the second Objective, to “ensure the number and design of vehicle crossovers respects the neighbourhood character” is generally met in that only one crossover has been provided for each dwelling which is considered consistent with the neighbourhood character.

11.0 CONCLUSION: 11.1 The proposed development is considered appropriate for the subject site, subject to

conditions, as evidenced by:

The compatibility of the design and siting with the surrounding area; The mitigation of off-site amenity impacts; and A suitable level of compliance with all relevant policies, including Clause 55 of the

Kingston Planning Scheme



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Yes The proposed development responds to the emerging character of double storey dwellings, yet displays some of the key design features of the existing character through the retention of a large tree and front fencing within the street setback.


Yes The proposal satisfies the objectives of State and Local Planning Policies and provides a good response within an Incremental Housing Change area.


N/A


Yes It is recommended that suitable conditions be included in any permit issued to address infrastructure considerations.


Yes The development would be orientated towards the street. The front entrance to each dwelling would be easily and clearly visible from the street. There is no front fence proposed.


Yes Required: 7.7625 metres Proposed: 8.3 metres


Yes Maximum: 9 metres Proposed: 7 metres

B8 Site Coverage Site coverage should respect the existing or

Yes Maximum: 50% Proposed: 46%



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preferred neighbourhood character and respond to the features of the site.


Yes At least: 20% Proposed: 44%


No Solar access to dwellings on adjoining lots would not be unreasonably reduced. Dwellings 2 and 3 would have access to northern daylight to living rooms; however these windows face onto the wall or boundary. Dwelling 1 would have poor northern sunlight to the living room. Living areas for all dwellings would achieve solar access by way of an east facing window.


N/A


Yes Each dwelling has a clearly defined entrance with good surveillance to the street.





Yes The provision of a landscape plan is recommended as condition of permit. The existing tree (Agonis flexuosa) within the front setback will be retained and tree protection measures applied.


No Three (3) new crossovers are proposed as part of the development occupying 54% of the frontage, this is in excess of the required 40%. See report. The width of each crossover is at



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least 3 metres which complies with this Standard.


Yes Each dwelling is provided with a single lock up garage that has direct access to the dwelling and to the rear open space. There are no shared accessways.


Yes Required: Two (2) spaces for each dwelling Proposed: Single garage and tandem space for each dwelling.


Yes Dwelling 1 Required: Ground Floor North: N/A (party wall) East: 0-1m South: 0-1m West: N/A (frontage) First Floor North: N/A (party wall) East: 1.96m South: 1.9m West: N/A (frontage) Dwelling 2 Required: Ground Floor North: 0-1m East: 0-1m South: N/A (party wall) West: N/A (frontage) First Floor North: 1.96m (internal boundary) East: 2m South: N/A (party wall)

Dwelling 1 Proposed: Ground Floor North: N/A (party wall) East: 9.4m South: 1m West: N/A (frontage) First Floor North: N/A (party wall) East: 9.3m South: 1.8m West: N/A (frontage) Dwelling 2 Proposed: Ground Floor North: 0-1m East: 9m South: N/A (party wall) West: N/A (frontage) First Floor North: 2m (internal boundary) East: 10m South: N/A (party wall)



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West: N/A (frontage) Dwelling 3 Required: Ground Floor North: 0-1m East: 0-1m South: 0-1 (internal Boundary) West: N/A (frontage) First Floor North: 2m East: 1.99m South: 1.99m (internal boundary) West: N/A (frontage)

West: N/A (frontage) Dwelling 3 Proposed: Ground Floor North: 0-1.8m East: 7.7m South: 0 (internal boundary) West: N/A (frontage) First Floor North: 2.2m East: 8.7m South: 0m (internal boundary) West: N/A (frontage)


Yes Less than 10.0 metres of boundary wall are proposed along the northern and southern boundaries.


Yes Buildings opposite existing habitable rooms windows would provide for a light court with a minimum area of 3 square metres and a minimum dimension of 1 metre clear to sky.


Yes No buildings are proposed to be constructed opposite any existing north facing habitable room windows that are within 3 metres of a boundary.


Yes Shadow diagrams submitted with the application indicate there will be no significant overshadowing of adjoining secluded private open space.


Yes A combination of highlight and fixed obscured windows are proposed to the first floors of each dwelling to prevent overlooking into adjoining properties.



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Yes As above.


Yes There are no known unreasonable noise sources associated with the development.


Yes The ground floor of each dwelling could easily accommodate people with limited mobility.


Yes Each dwelling has an entry porch facing Rowson Grove providing a clear sense of address.


Yes All habitable room windows have adequate access to daylight.


Yes Required: An area of 40m2, with one part of the POS to consist of secluded POS at the side or rear of the dwelling or residential building with a minimum area of 40m2, a minimum dimension of 5m and convenient access from a living room. If a dwelling has more than 2 bedrooms an additional ground level POS area of 20m2 with a minimum width of 3m is required to be provided for each additional bedroom, with a maximum of 80m2 of POS required for the dwelling. Proposed: Each dwelling proposes 60m2 of secluded private open space to the rear of the dwelling with a minimum dimension of 5.0 metres.


Yes The private open space for each dwelling is orientated to the east of the dwelling with direct access to northerly sun.


Yes 6m3 of externally accessible storage space is provided to each dwelling.



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Yes The development incorporates window forms and roof pitch similar to the predominant character in the area. Building materials appear to respect the materials of the area although a condition of permit will ensure details are submitted to confirm.

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

Yes Maximum: 1.2 metres Proposed: No front fence


Yes Provision has been made for site services which can be easily maintained.


Yes Bins are easily stored and transported to the kerb. The rear areas of each dwelling could be efficiently accessed for garden maintenance.

City of Kingston Planning Committee Meeting Agenda 22 ...€¦ · Planning Committee Meeting Agenda...

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Transcript of City of Kingston Planning Committee Meeting Agenda 22 ...€¦ · Planning Committee Meeting Agenda...