UPC2 10 Leura Street, Surrey Hills - boroondara.vic.gov.au · Urban Planning Special Committee...

Urban Planning Special Committee Agenda 21/11/16

UPC2 10 Leura Street, Surrey Hills Application no.: Post16/00552 Responsible director John Luppino

City Planning Authorised by: Simon Mitchell

Manager Statutory Planning Report officer: Fidel Freijah -

Senior Planner - Statutory Planning

Abstract Proposal The proposal seeks to amend the existing permit (PP14/00752) through Section 72 of the Planning and Environment Act 1987. The proposed amendments are confined to Dwelling 3 and comprise:

The inclusion of a new basement level (without increasing building height) and associated excavation to the south to provide natural light to the basement;

Internal re-arrangement of the ground floor layout; Amended floor plan to increase the number of bedrooms from 3 to 4; Kitchen setback from the southern boundary reduced from 1.73m to 1.24m; Living room setback from the southern boundary increased from 1.73m to

1.96m; Modification to the front porch location and layout; and Modified roof form to accord with front porch changes.

Issues The following are key issues in respect of this application:

Will the proposed bedrooms at basement level be provided with adequate internal amenity?

Will the proposed excavation impact on the existing drain at the rear of the property?

Are the proposed amendments contrary to the intent of the VCAT decision? Officer's response The site currently has a VCAT issued planning permit for the construction of three dwellings on a lot, with Dwelling 3 being a single storey dwelling. The intent of the Tribunal’s decision was to ensure that Dwelling 3 presents as a single storey built form to minimise visual bulk impacts upon secluded private open spaces of adjoining properties. The proposed amendments are considered to largely maintain the status quo in terms of the overall presentation of the built form, in that the amendments are confined to Dwelling 3 and the proposed basement level will not result in any increase in overall building height. The approved ground floor building footprint remains largely unchanged, with the exception of two setback modifications at the southern interface which remain entirely compliant with ResCode setback requirements.

City of Boroondara 10 Leura Street of 40


The proposed bedrooms at basement level will be provided with an adequate level of internal amenity given compliance with ResCode Standard B27 (Daylight to New Windows). Despite the increase in bedrooms from 3 to 4 within Dwelling 3, the provision of two car parking spaces within the double garage remains entirely compliant with the car parking requirements at Clause 52.06 of the Boroondara Planning Scheme. Council’s Drainage Engineers have reviewed the proposed amendments and do not object to the proposed excavation adjacent to the easement area.` Details of the proposal, discussion of all objections and assessment against relevant controls and policies are contained in the attachment to this report.

Officers' recommendation That the Urban Planning Special Committee resolve that a Notice of Decision to Grant an Amended Planning Permit No. Post16/00552 for the construction of three (3) dwellings on a lot at 10 Leura Street, Surrey Hills be issued under the Boroondara Planning Scheme subject to the following conditions: Amended plans required 1. Before the development starts, amended plans must be submitted to the

satisfaction of the Responsible Authority. When the plans are to the satisfaction of the Responsible Authority they will be endorsed and will then form part of the Permit. The plans must be drawn to scale with dimensions and three (3) copies provided, substantially in accordance with the plans endorsed by Council on 28 April 2016 (prepared by Archestral Design Pty Ltd), however modified to show: a) An updated Landscape Plan (refer to Condition No. 3 of this Permit).

Layout not to be altered 2. The layout of the site and the size, levels, design and location of buildings and

works shown on the endorsed plans must not be modified for any reason (unless the Boroondara Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.

Landscape plan 3. A landscape plan to the satisfaction of the responsible authority must be

submitted to and approved by the Responsible Authority. The plan must be drawn to scale with dimensions and three (3) copies provided. When endorsed, the plan will form part of the permit. The landscape plan must be generally in accordance with the landscape plan endorsed by Council on 28 April 2016 (prepared by Justin Hutchison Landscape Design), except that the plan must show: a) Modifications to reflect the updated layout of Dwelling 3 and any

associated changes to landscaping treatments and ground coverings adjacent to the southern property boundary.



Completion of landscaping works 4. Landscaping as shown on the endorsed landscape plan must be carried out

and completed to the satisfaction of the Responsible Authority prior to the occupation of the development.

Landscaping maintenance 5. All landscaping works shown on the endorsed landscape plan must be

maintained and any dead, diseased or damaged plants replaced, all to the satisfaction of the Responsible Authority.

Tree management plan 6. Before the plans required by Condition 1 of this Permit are endorsed and before

any works start (including demolition and levelling of the site), a Tree Management Plan prepared by a suitably qualified and experienced Arborist must be submitted to, and approved in writing by, the Responsible Authority. The Tree Management Plan must be to the satisfaction of the Responsible Authority and must address the management and maintenance of the Melia azederach (White Cedar - Tree 14), Corymbia maculata (Spotted Gum - Tree 17), Allocasuarina torulosa (She Oak - Trees 9, 10 and 11) and Corymbia ficifolia (Red Flowering Gum - Tree 20) located within the subject site, and the Pyrus calleryana ‘Capital’ (Capital Pear - Trees 2 and 3) and Ligustrum vulgare (Privet - Tree 7) located within the adjoining property to the east (No. 12 Leura Street) as identified in the Arborist Report prepared by DB Horticulture (dated August 2014). The Tree Management Plan must make specific recommendations in accordance with the Australian Standard AS4970: 2009 - Protection of Trees on Development Sites. The Tree Management Plan must include: a) a tree protection plan (to scale) detailing:

i. all tree protection zones and structural root zones; ii. all tree protection fenced-off areas and areas where ground

protection systems will be used; iii. the type of footings within the tree protection zone; iv. all services to be located within the tree protection zone and a

notation to state that all services will either be located outside of the tree protection zone or bored under the tree protection zone;

v. a notation to refer to the Tree Management Plan for specific detail on what actions are required within the tree protection zone;

b) details of appropriate footings within the tree protection zone; c) supervision timetable required by the Project Arborist to the satisfaction of

the responsible authority; d) the details of how the root zone within the tree protection zone will be

managed throughout the project; e) all remedial pruning works that are required to be performed on the trees.

The pruning comments must reference Australian Standards 4373:2007, Pruning of Amenity Trees and a detailed photographic diagram specifying what pruning will occur.

The recommendations and requirements contained in the approved Tree Management Plan must be implemented to the satisfaction of the Responsible Authority.



Supervision of works by arborist 7. All buildings and works within the Tree Protection Zone and Critical Root Zone,

as specified in the approved Tree Management Plan, must be supervised by a suitably qualified and experienced arborist, to the satisfaction of the Responsible Authority. Any person acting on the permit must advise Council’s Arborist (Statutory Planning) in writing at least 48 hours prior to the commencement of the works to be supervised.

Trees to be protected 8. All trees specified in the approved Tree Management Plan must be protected

and maintained in accordance with the recommendations and requirements set out in the approved Tree Management Plan, to the satisfaction of the Responsible Authority.

Tree protection during construction 9. Before any development (including demolition) starts on the land, a tree

protection fence must be erected within the subject site around the trees requiring protection at a radius from the base of the trunks to define "Tree Protection Zones" as detailed in the Arborist report prepared by DB Horticulture (dated August 2014), as follows: a) Tree 9 2.60 metres b) Tree 11 4.0 metres c) Tree 14 4.20 metres d) Tree 17 4.20 metres e) Tree 20 4.60 metres

For trees on adjoining properties, tree protection fencing must be erected within the subject site (10 Leura Street) at the Tree Protection Zone specified, as follows: f) Trees 2 and 3 2.20 metres g) Tree 7 4.80 metres

The fences must be constructed as specified in the approved Tree Management Plan. The tree protection fence must remain in place until all construction is completed on the land, except with the prior written consent of the Responsible Authority.

Contractors to be advised of trees to be retained 10. The owner and occupier of the site must ensure that, prior to the

commencement of buildings and works, all contractors and tradespersons operating on the site are advised of the status of trees to be retained as detailed in the approved Tree Management Plan and are advised of any obligations in relation to the protection of those trees.

Regulation of activities in Tree Protection Zone 11. No vehicular or pedestrian access, trenching or soil excavation is to occur within

the Tree Protection Zone as detailed in the approved Tree Management Plan without the prior written consent of the Responsible Authority. No storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone.

Drainage 12. The site must be drained to the satisfaction of the Responsible Authority.



Vehicle crossovers 13. Any new vehicle crossover or modification to an existing vehicle crossover must

be constructed to the satisfaction of the Responsible Authority. Boundary walls 14. The external faces of walls on or facing boundaries must be cleaned and

finished to an acceptable standard to the satisfaction of the Responsible Authority.

Permit to expire: 15. This permit will expire if:

a) The development does not start within two (2) years of the issue date of

this permit; or b) The development is not completed within four (4) years of the issue date of

this permit. In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

Notes: Headings are for ease of reference only and do not affect the interpretation of permit conditions. This is not a Building Permit. A Building Permit may be required prior to the commencement of any works associated with the proposed development. Prior to the commencement of any works on the site, the owner/developer must submit drainage plans for assessment and approval by the Responsible Authority (Asset Management). Stormwater drains are to be connected to a legal point of discharge approved by Council. Drainage Connections within a road reserve, right-of-way, parkland, within an easement or to a Health Act drain must be to Council’s standards. A Council Supervision Permit is required for this work. All fees and charges associated with the connection are to be borne by the applicant. An Asset Protection Permit is required prior to the commencement of site works in accordance with Council’s Protection of Council Assets and Control of Building Sites Local Law 2011. Prior consent from Council and any and all public authorities is required to be obtained for alteration or reinstatement of assets or services affected as a result of the development. The full cost of reinstatement of any Council assets damaged as a result of demolition, building or construction works, must be met by the permit applicant or any other person responsible for such damage, to the satisfaction of the Responsible Authority. Discharge to the legal point of discharge will be allowed subject to the flow being limited to a rate equivalent to pre-development levels or less. Any additional discharge and / or runoff above the pre-development level is to be detained on site, via an approved storm water detention system. This matter should be discussed with Council’s Asset Management Department.



Date Amendments

Addition of a centrally located basement level to Dwelling 3 (without increasing overall building height);

A 650mm deep excavation (with associated retaining walls and access stairs) located along the southern wall of Dwelling 3 to provide highlight windows to the new basement;

Amended floor plan to include an additional bedroom into the dwelling;

Reconfigured internal layout of Dwelling 3 to incorporate a stair to the basement level below;

Kitchen setback from the southern boundary reduced from 1.73m to 1.24m;

Living room setback from the southern boundary increased from 1.73m to 1.96m; and

Front porch of Dwelling 3 shifted 800mm north.


STATUTORY PLANNINGOFFICERS REPORT

Section 72 Amendment to Permit

Urban Planning Committee

Application Number Post16/00552Date Received 3/06/2016

Planning Officer Fidel Freijah

Applicant Archestral Designs Pty LtdOwner A Hu

Property Address 10 Leura Street SURREY HILLS VIC 3127Existing Permit Preamble Construction of three (3) dwellings on a lot.Existing Permit Number PP14/00752Proposal Amendment to Permit and PlansWard Maling

Zoning Neighbourhood Residential Zone 3 (NRZ3)Overlays N/AAboriginal Heritage Layer? No

Advertised? YesNumber of Objections Received 18Recommendation Amend Planning Permit and Plans

PLANS ASSESSED IN THIS REPORTPlans advertised in ‘June 2016’.

INTRODUCTION

An application has been made to Council pursuant to Section 72(1) of the Planning & Environment Act 1987 for an amendment to the planning permit. The reference to a permit includes any plans, drawings or other documents approved under the permit.

This assessment is confined only to the proposed amendments to the approved development. No other aspects of the already approved proposal can be considered.

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Urban Planning Special Committee Agenda 21/11/16______________________________________________________________________________________

______________________________________________________________________________________City of Boroondara 10 Leura Street of 40

PERMIT HISTORY

Appendix A - Copy of Planning Permit PP14/00752 & Endorsed Plans

At the Urban Planning Special Committee Meeting on 20 April 2015, Council resolved to issue a Notice of Decision to Grant a Planning Permit No. PP14/00752 for the construction of three (3) dwellings on a lot.

Subsequently, Council’s decision was appealed by an objector to VCAT. The application was heard on 13 October 2015. The Tribunal issued an interim order on 17 November 2015, which provided the permit applicant with the opportunity to amend the plans to redesign Dwelling 3 to be single storey as opposed to double storey.

The permit applicant amended the plans in accordance with the Tribunal’s Order and the Tribunal subsequently directed the granting of a permit.

Accordingly, Planning Permit PP14/00752 was issued on 15 February 2016.

The permit expires if development has not commenced by 15 February 2018.

PROPOSAL

Appendix B - Amended Plans

Details of the proposed amendments are summarised as follows:-

Addition of a centrally located basement level to Dwelling 3 (without increasing overall building height), comprising two bedrooms, a theatre room, a bathroom and apowder room;Reconfigured internal layout of Dwelling 3 to incorporate a stair to the basement level below;Kitchen setback from the southern boundary reduced from 1.73m to 1.24m;Living room setback from the southern boundary increased from 1.73m to 1.96m;A 650mm deep excavation (with associated retaining walls and access stairs) located along the southern wall of Dwelling 3 to provide highlight windows to the new basement;Front porch of Dwelling 3 shifted 800mm north; Dwelling 3 roof line amended to match amended front porch; and

Dwelling 3 elevations amended to reflect proposed changes.

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THE SITE

Appendix C - Locality Plan

Site Location The subject site is located on the south side of Leura Street.

Width of Frontage 18.28mMaximum Depth of Site 53.34mTotal Site Area 975m2

Easements The subject site is not encumbered by any easements.Fall of the Land The site has a moderate fall from the north-east to the

south-west of approximately 1.70 metres.Existing Front Fence Details

The site does not have front fencing.

THE SURROUNDING AREA

Aerial photo of subject site and surrounds (Weave ~ 2014)

RESTRICTIVE COVENANT/AGREEMENTS

No covenant or restriction has been registered on Title for this property.

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NOTICE OF APPLICATION

Pursuant to Section 52 of the Planning & Environment Act 1987, the application to amend the permit was advertised by:-

Sending notices to the owners and occupiers of adjoining land.

Eighteen (18) objections have been received to the proposal. The grounds of objection are summarised as follows:-

Lack of opportunities for landscaping along southern boundary due to proposed excavation. Reference made to paragraph 21 of the VCAT decision.Concern regarding poor ventilation and light to basement level.Concern regarding potential risk of flooding to basement level.Concern regarding increased pressure on car parking and traffic in the area due to additional bedroom.The proposed amendments are contrary to the intent of the VCAT order.The proposed amendments will impact negatively on the standard of living in Surrey Hills.Concern regarding potential damage to the existing drain adjacent to the rear property boundary.

INTERNAL REFERRALS

The application was referred to the following:-

Drainage

Council’s Drainage Engineer provided the following comments:-

Council’s Drainage Team do not object to the proposed excavation given it is not within the easement area.

The builder will need to locate the exact location, depth and size of the existing pipe within the easement prior to any excavation commencing on-site. Notes have been included on the plans accordingly, which is satisfactory.

Officer CommentSupport from Council’s Drainage Team is noted. The existing permit includes a condition which states that ‘The site must be drained to the satisfaction of the Responsible Authority’, which together with the notes on the plans will adequately address the drainage aspect of the proposal.

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GOVERNANCE ISSUES

The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights contained in the Victorian Charter of Human Rights and Responsibilities Act 2006.

The officers responsible for this report have no direct or indirect interests requiring disclosure.

PLANNING & ENVIRONMENT ACT 1987

Pursuant to Section 72 of the Planning & Environment Act 1987,

(1) A person who is entitled to use or develop land in accordance with a permit may apply to the responsible authority for an amendment to the permit.

(2) This section does not apply to-

(a) a permit or a part of a permit issued at the direction of the Tribunal, if the Tribunal has directed under section 85 that the responsible authority must not amend that permit or that part of the permit (as the case requires); or

(b) a permit issued under Division 6.

CONSIDERATIONS

In assessing this application, consideration has been given to the following:-

The objectives of planning in Victoria as detailed in Section 4 of the Planning & Environment Act 1987;Section 60 of the Planning & Environment Act 1987;The relevant provisions and decision guidelines of the Boroondara Planning Scheme including the decision guidelines of Clause 65; andAny objections received.

The proposal is not prohibited by the Boroondara Planning Scheme. As such this proposal does not raise any significant adverse social or economic impacts. Any more general social and economic impacts are specifically addressed by the planning policy assessment below.

BOROONDARA PLANNING SCHEME

STATE PLANNING POLICY FRAMEWORK

The proposed amendment is considered to be consistent with the current State Planning Policy Framework.

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LOCAL PLANNING POLICY FRAMEWORK

The following Local policies are relevant to the assessment of the current application:-

Clause 22.07 - Neighbourhood Character Policy

Clause 22.07 - Neighbourhood Character Policy

Council's Neighbourhood Character Policy seeks to "encourage design solutions which enhance and respond positively to the existing neighbourhood character of residential areas in the City". The following table identifies the relevant neighbourhood characterstatement.

Precinct Number 46(Extract from the Neighbourhood Character Precinct Statement)

Description

Precinct 46 is located in Canterbury and Surrey Hills and is comprised of 2 pockets of land positioned either side of Precinct 45. This precinct contains Siena College, Surrey Gardens and Mary MacKillop Reserve and is adjacent to Riversdale Park, Highfield Park and South Surrey Park. There are also a variety of small shopping strips adjoining the precinct, including Maling Road, Canterbury Road, Through Road and Middle Camberwell shops. The Canterbury enterprise corridor also runs along the northern boundary of the precinct. Part of the precinct to the south is proposed for inclusion in a heritage overlay.

The precinct contains a mix of detached dwellings constructed from the Edwardian era to now. Multi-unit villa developments are present in some areas which often extend for the length of the block, yet generally present as a single dwelling to the street.

Dwellings are generally single storey, sometimes with second storey additions. Some new two storey dwellings are also present. Lots are generally between 10 and 20m wide with low to medium high front fences. Front setbacks vary from 5 to 9m providing for landscaped front gardens. Dwellings are generally constructed from timber or face brick with pitched roofs.

Rear gardens vary in size, however plantings and mature vegetation is common. Street trees are present in most streets which enhance the established, suburban feel of the area.

Officer CommentAn assessment against the provision of Clause 22.07 and the Precinct 46 statement and design guidelines is not particularly relevant to this amendment application given the visible built form above natural ground level is largely maintained as per the development originally approved by VCAT.

It is considered that the proposed amendments will not result in any impacts upon the neighbourhood character of the immediate context, nor the broader precinct.

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ZONING & OVERLAYS

Appendix D - Zoning Map

Neighbourhood Residential Zone (NRZ3)

Pursuant to Clause 32.09-5 of the Boroondara Planning Scheme, a permit is required to:-

Construct a dwelling if there is at least one dwelling existing on the lot;Construct two or more dwellings on a lot;Extend a dwelling if there are two or more dwellings on the lot;Construct or extend a dwelling if it is on common property;

Construct or extend a residential building.

A permit is required to construct or extend a front fence within 3 metres of the street if:-

The fence is associated with 2 or more dwellings on a lot or a residential building; andThe fence height must not exceed the maximum height specified in Clause 55.06-2.

A development must meet the requirements of Clause 55.

Number of dwellings on a lot

Pursuant to Clause 32.09-3, the number of dwellings on a lot must not exceed two.

Transitional Provisions - Clause 32.09-3 does not apply to an application to construct two or more dwellings on a lot made before the approval date (19 June 2014) of the planning scheme amendment that introduced this clause 32.09 into the planning scheme.

Officer CommentAt the time when the permit was issued, this application enjoyed transitional rights because it was lodged prior to the gazettal of the planning scheme amendment. This amendment application does not seek to amend the number of dwellings proposed, therefore this is not a relevant consideration in this instance.

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Maximum Building Height

Pursuant to Clause 32.09-8 (Maximum building height for a dwelling or residential building), the height of a building must not exceed 8 metres unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the height of the building must not exceed 9 metres.

This does not apply to:

An extension of an existing building that exceeds the specified building height provided that the extension does not exceed the existing building height.An extension of an existing building or the construction of a new building that exceeds the specified building height which does not exceed the height of immediately adjacent buildings facing the same street.The rebuilding of a lawful building or works which have been damaged or destroyed.A building which exceeds the specified building height for which a valid building permit was in effect prior to the introduction of this provision.

Transitional Provisions - Clause 32.09-8 does not apply to an application to construct a dwelling or residential building made before the approval date (19 June 2014) of the planning scheme amendment that introduced this clause 32.09 into the planning scheme. The requirements of clause 54 as they apply to clause 54.03-2 or of clause 55 as they apply to clause 55.03-2 as in force immediately before the said approval date continue to apply.

Officer CommentThe site has a slope in excess of 2.5 degrees, therefore allowing a maximum building height of 9.0 metres under this zone.

The proposed amendments to Dwelling 3 do not result in any increase in building height. The existing maximum height of 5.40m is maintained. Therefore, the proposed amendments comply with Clause 32.09-8.

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ABOVE: Excerpt of previously endorsed western elevation plan

ABOVE: Excerpt of amended western elevation plan

PARTICULAR PROVISIONS

Clause 55 - Two or More Dwellings on a Lot and Residential Buildings

Clause 55 (ResCode) is applicable to the assessment of this application. Pursuant to Clause 55 of the Boroondara Planning Scheme, a development must meet all of the objectives of this clause and should meet all of the standards of this clause.

The amended Residential Design Policy (RDP) was adopted by Council on 12 December 2011. Given that the RDP is not included in the planning scheme, in practice, VCAT does not give the policy any statutory weight. The purpose of the policy

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is to assist planners in their discussions with applicants in achieving outcomes that are considered appropriate from a neighbourhood character or amenity point of view. Itshould be noted that each application needs to be assessed in respect to the particular characteristics of its locality and that provisions contained within the RDP should be used as a guide where relevant.

Overall, the proposal generally complies with the provisions of the zone and/or Schedule, Clause 55 of the Boroondara Planning Scheme, Clause 52.06 and Council's Residential Design Policy with the exception of the following:-

ResCode Standard B17 & RDP - Side and Rear Setbacks

Side & Rear Boundary SetbacksDwelling 3 Ground Floor

Proposed Wall Height (to NGL)

Proposed Setback

ResCode Requirement

Complies? RDP Requirement

Complies?

South 3.40m - 3.50m (kit)3.20m - 3.40m (living)

1.24m1.96m

1.0m1.0m

2.0m2.0m

Note: only the amended setbacks are shown in the table above. All other side and rear setbacks remain consistent with the originally endorsed plans.

Officer CommentThe only setbacks modified by the proposed amendments are as follows:

- The southern kitchen wall, which now has a reduced setback from 1.73m to 1.24m; and

- The southern living room wall, which now has an increased setback from 1.73m to 1.96m.

As per the above table, these amended rear setbacks remain entirely compliant with ResCode Standard B17 setback requirements, however fall short of Council’s RDP backyard setback requirement of 2.0m. It must be noted that the previously endorsed plans also incorporated RDP non-compliances along the southern interface. Theproposed southern setbacks are considered acceptable given the walls are at ground floor level with modest wall heights ranging between 3.20 metres to 3.50 metres above natural ground level, which are not expected to impose significant bulk or impact negatively upon the amenity of the adjoining secluded private open space to the south.

Furthermore, it should be noted that a 1.95m high timber paling fence with 500mm high lattice above (with maximum 25% transparency) is proposed along the rear (southern) property boundary, which will largely screen views to the southern walls of Dwelling 3.

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ABOVE: Excerpt of previously endorsed ground floor plan showing approved southern boundary

setbacks

ABOVE: Excerpt of amended ground floor plan showing proposed southern boundary setbacks

ResCode Standard B27 - Daylight to New Windows

Clause 55.05 - On-Site Amenity and Facilities (VC37)Objective Standard Officer CommentB27Clause 55.05-3Daylight to New Windows

To allow adequate daylight into new habitable room windows.

A window in a habitable room should be located to face:

An outdoor space clear to the sky or a light court with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, orA verandah provided it is open for at least one third of its perimeter, orA carport provided it has two or more open sides and is open for at least one third of its perimeter.

Complies

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Officer CommentThe proposed new windows to the basement level bedrooms are expected to receiveadequate daylight due to the provision of an excavated light court directly adjacent to these windows. The light court will be 1.0m wide, 11.50m in length and has a depth of between 450mm - 650mm below natural ground level.

These dimensions ensure that compliance with Standard B27 is achieved to provide an appropriate level of internal amenity for these bedrooms.

The proposed theatre room is not provided with any windows given it is not classified as a ‘habitable room’. Pursuant to Clause 72 of the Planning Scheme, a habitable room is defined as:

‘Any room of a dwelling or residential building other than a bathroom, laundry, toilet, pantry, walk-in wardrobe, corridor, stair, lobby, photographic darkroom, clothes drying room and other space of a specialised nature occupied neither frequently nor for extended periods.’

The lack of provision of windows to the basement level theatre room is therefore considered acceptable given this is a space which is of a specialised nature that is not occupied frequently or for extended periods.

Clause 52.06 - Car Parking

Pursuant to Clause 52.06-2 of the Boroondara Planning Scheme, prior to a new use commencing or a new building being occupied or the floor or site area of an existing use being increased or the number of patrons, seats or practitioners at an existing use being increased, the car parking spaces required under Clause 52.06-5 must be provided on the land or as approved under Clause 52.06-3 to the satisfaction of the responsible authority.

Pursuant to Clause 52.06-3, unless a schedule to the Parking Overlay or the schedule to Clause 52.06-1 specifies otherwise, a permit is required to:

Reduce (including reduce to zero) the requirement to provide the number of car parking spaces required under this clause,Allow some or all of the required number of car parking spaces to be provided on another site,Provide more than a maximum parking provision specified in a schedule to the Parking Overlay.

The Table 1 at Clause 52.06-5, sets out the number of car parking spaces required for a use.

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Extract of Table 1 at Clause 52.06-5Use "Column A" Car

Parking Rate"Column C" Car Parking Measure

Dwelling 1 To each one or two bedroom dwelling, plus2 To each three or more bedroom dwelling (with

studies or studios that are separate rooms counted as a bedrooms) plus

1 For visitors to every 5 dwellings for developments of 5 or more dwellings

Officer CommentThe proposed amendments result in an increase from 3 bedrooms to 4 bedrooms for Dwelling 3. Dwelling 3 is provided with a double garage and therefore remains compliant with the relevant parking requirement. No reduction in car parking is being sought.

OFFICER ASSESSMENT

Officer Discussion

Proposed Amendment Officer DiscussionAddition of a centrally located basement level to Dwelling 3 (without increasing overall building height);

A 650mm deep excavation (with associated retaining walls and access stairs) located along the southern wall of Dwelling 3 to provide highlight windows to the new basement;

The basement level will be contained entirely beneath natural ground level so that there is no increase to the overall building height of Dwelling 3. The maximum overall building height of Dwelling 3 is maintained at 5.40m (measured at south elevation) above natural ground level, which is consistent with the previously endorsed plans. The proposed height complies with the maximum height permitted by the zone.

The two bedrooms at basement level are provided with openable highlight windows which open up into an excavated light court. The windows/light court arrangement complies with ResCode Standard B27 (Daylight to New Windows), in that the light court provided achieves the minimum 3.0 square metre area and 1.0m minimum dimension requirements to ensure adequate access to daylight to provided.

As previously discussed, the theatre room is not classified as a ‘habitable room’, therefore the lack of windows to this room is considered acceptable.

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Amended floor plan to include an additional bedroom into the dwelling.

Despite the increase in the number of Dwelling 3 bedrooms from 3 to 4, the provision of two car parking spaces within the garage remains entirely compliant with the car parking requirements at Clause 52.06 of the Boroondara Planning Scheme.

Reconfigured internal layout of Dwelling 3 to incorporate a stair to the basement level below;

Kitchen setback from the southern boundary reduced from 1.73m to 1.24m;

Living room setback from the southern boundary increased from 1.73m to 1.96m; and

The internal ground floor layout of Dwelling 3 has been modified to accommodate the introduction of the basement level.

The ground floor footprint remains largely unchanged by this amendment, with the exception of:

- The southern kitchen wall, which now has a reduced setback from 1.73m to 1.24m; and

- The southern living room wall, which now has an increased setback from 1.73m to 1.96m.

As previously discussed, these amended southern setbacks remain entirely compliant with setback requirements prescribed byResCode Standard B17 (Side and Rear Setbacks) and are considered acceptable given they are associated with ground floor walls which range in height between 3.20m - 3.50m.

Front porch of Dwelling 3 shifted 800mm north.

The layout of the Dwelling 3 dwelling entry has been modified to accommodate the staircase, which has resulted in the front porch structure shifting north by 800mm. This is a minor amendment that will not result in any detrimental impacts to adjoining properties.

The amended dwelling entry is considered to represent an improvement on the previous design as it provides a larger internal entry foyer for Dwelling 3.

Discussion regarding existing permit conditions:

Further to the above amendments, the Officer’s recommendation sets out conditions which are generally consistent with the originally issued permit, however for clarity in this instance, Condition 1 (Amended plans required) has been modified given the original Condition 1 requirements have already been satisfied by the current endorsed

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plans. The original Condition 1 requirements of the Permit have been translated onto the amended plans and therefore remain consistent. However, given an updated landscape plan will be required as part of this amendment, Condition 1 of the officer’s recommendation has been modified to require an updated landscape plan in accordance with the updated version of Condition 3 as set out in the officer’s recommendation.

It is important to note that the landscaping and planting requirements of Condition 3 (Landscape Plan) of the original permit have been satisfied by the landscape plan endorsed on 28 April 2016. Given the amended development plans intend to change the treatment along the southern property boundary, Condition 3 of the officer’s recommendation will be updated to require the submission of a landscape plan which reflects the amended layout and any associated landscaping changes along the southern boundary of the subject site.

The Tree Management Plan endorsed on 28 April 2016 remains pertinent to the proposal and the proposed amendments do not seek to change or amend any of the tree protection requirements set out in the endorsed Tree Management Plan.

OBJECTION RESPONSE

Those matters not already addressed in the foregoing report are discussed below:-

Total Number of Objections Received: 18

Summary of Objection Officer CommentLack of opportunities for landscaping along southern boundary due to proposed excavation. Reference made to paragraph 21 of the VCAT decision.

The originally approved proposal did not incorporate any screen planting along the rear (southern) property boundary.

Furthermore, the planning permit did not incorporate any specific conditions requiring screen planting or landscaping along the southern interface.

Reference has been made to Paragraph 21 of the VCAT Order and that the proposed outcome is allegedly inconsistent with the intent of this Order. To clarify, paragraph 21 of the VCAT Order (dated 17 Nov 2015) reads as follows:

Page 15 of 18



21. The Council and the Respondents referred to a number of factors in support of the submissions that the dwellings will not present unacceptable visual bulk to the neighbouring sites. Notably, these included the setbacks from the boundaries, which exceed those required by Standard B17; the resultant modulation and articulation; and the role of landscaping in softening the appearance of the development. The modifications required by the conditions of the Notice of Decision to reduce the size of Dwelling 3 were also noted.

In this paragraph, the Tribunal is simply paraphrasing submissions made to it. Of more relevance is Paragraph 23, which reads:

23. As I have determined to require Dwelling 3 to be converted to a single-storey dwelling to address the neighbourhood character, I will not undertake an assessment of the potential visual impacts of the proposed upper level. There will be no utility in doing so. My expectation is that a single-storey dwelling will be of relatively modest proportions and, while visible, will not unduly detract from the amenity of the surrounding rear yard areas.

To address this visual bulk matter, the Tribunal ordered that Dwelling 3 be reduced to a single storey built form to eliminate visual bulk, with no specific requirements for screen planting along the southern interface.

Page 16 of 18



Concern regarding poor ventilation and light to basement level.

As previously discussed, the proposed basement level bedroom windows are compliant with ResCode Standard B27 (Daylight to New Windows) and are expected to receive adequate access to daylight.

Concern regarding potential risk of flooding to basement level.

The subject site is not identified by the Planning Scheme as being within an area which is particularly susceptible to flooding. Furthermore, the site is not identified by Council’s Drainage Engineers as being within a ‘drainage area of interest’.

In accordance with Condition 12 of the permit, the site must be drained to the satisfaction of the responsible authority.

Furthermore, a note is included on the proposed floor plan which reads:

‘Basements or similar large scale below ground voids are to be ‘tanked’ (watertight) to prevent the need for a pumping system to be operated continuously for the life of the development’

This is considered acceptable.Concern regarding increased pressure on car parking and traffic in the area due to additional bedroom.

The proposed amendments will not result in any increased parking demand and remains fully compliant with Clause 52.06.

The proposed amendments are contrary to the intent of the VCAT order.

The VCAT Order concluded at Paragraph 31 that ‘The two-storey form of Dwelling 3 is not acceptable. This dwelling should be single storey’.

The proposed amendments maintain the single storey presentation of Dwelling 3 and are therefore considered to be consistent with the intent of the VCAT Order.

The proposed amendments will impact negatively on the standard of living in Surrey Hills.

The proposed inclusion of a basement level will not negatively impact on immediately adjoining properties or the surrounding area.

Concern regarding potential damage to the existing drain adjacent to the

As discussed previously in this report, Council’s Drainage Engineer has assessed

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rear property boundary. the application and is supportive given there will be no excavation proposed within the designated easement area.

Notes have been included on the plans to ensure the exact location and depth of the existing drain is determined by the builder prior to any excavation commencing on-site.

Furthermore, standard drainage conditions and notes can be included on any amended permit to ensure that any damage to the existing drain or associated assets be repaired (or replaced) at the cost of the property owner.

Page 18 of 18



Location of Subject Site, Notified Properties & Objectors

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UPC2 10 Leura Street, Surrey Hills - boroondara.vic.gov.au · Urban Planning Special Committee...

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