Banyule City Council Ordinary Agenda 14 November 2016 - attachments only by Banyule City Council

ATTACHMENTS

4.1

Stormwater Harvesting and Pollution Mitigation in the Darebin Creek Catchment Update Report Attachment 1 Attachment 2 Attachment 3

Attachment 4 Attachment 5

Attachment 6

5.1

Planning Scheme Amendment C106 & Planning Permit Application P1268/14 for vacant lot subdivision (8 new residential lots) - 8 Main Road, Lower Plenty Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5

5.2

Rosanna Village Urban Design and Landscape Guidelines ............ 208 Turnham Avenue Streetscape Plan.................................................. 245

Grimshaw Street / Flintoff Street, Greensborough - Intersection improvement funding Attachment 1

5.8

Advertised plans................................................................................ 149 Planning controls .............................................................................. 169 Clause 55 assessment...................................................................... 181 Amended plans 31.08.16 .................................................................. 187

Hurstbridge Railway Line Improvement Project Update and Rosanna Village Urban Design Guidelines Attachment 1 Attachment 2

5.4

P1268/14 - Proposed Lots Layout & Building Envelopes ................ 129 C106 - Proposed Development Plan Overlay - Schedule 5............ 130 C106 & P1268/14 - Explanatory Report ........................................... 132 C106 - Proposed DPO Concept Plan ............................................... 140 Proposed Planning Permit P1268/14 ............................................... 141

Four storey apartment complex at 56 to 60 Rosanna Road and 43 Brown Street, Heidelberg (P554/2015) Attachment 1 Attachment 2 Attachment 3 Attachment 4

5.3

D16/115894 Intergrated Water Management in the Darebin Creek Catchments - City of Darebin Response ............................... 117 D16/116879 Integrated Water Management - Darebin Creek Catchment - Letter of Support La Trobe University ......................... 119 D16/116143 Acknowledgement Letter re Intergrated Water Management in the Darebin Creek The Hon Bruce Atkinson MLC ................................................................................................... 120 D16/127055 Re: Integrated Water management In The Darebin Creek Catchment. Andrew Giles MP .................................. 121 D16/148707 J. Murray Australian Sex Party response to C2016/181 Fwd: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting ......................................................................................... 122 D16/148692 C. Evans Animal Justice Party Response to C2016/181 FW: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting ......................................................................................... 126

Grimshaw Street and Flintoff Street - Concept Plan endorsed by Council ......................................................................................... 246

Proposed Multi-Dwelling Development at 57-59 Bellevue Avenue ROSANNA (P361/2016) Attachment 1 Attachment 2

57-59 Bellevue Avenue Rosanna - Advertised Plans ...................... 248 57-59 Bellevue Avenue Rosanna - Additional Background Information ........................................................................................ 260 ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 115

ATTACHMENTS (Contâ&#x20AC;&#x2122;d) 5.9

Banyule Planning Scheme Amendment C110 - Consideration of Panel Recommendations Attachment 1 Attachment 2 Attachment 3 Attachment 4

Panel Report ..................................................................................... 270 Panel Table of Recommendations.................................................... 310 Planning Scheme Documents (Schedule 1 to the ACZ) .................. 313 Urban and Landscape Design Guidelines for Precincts 2, 5 and 6.................................................................................................. 336

5.10 44 Turnham Avenue, Rosanna - Proposed Supermarket VCAT Review Preparation (P1260/15) Attachment 1 Attachment 2 Attachment 3 Attachment 4

Notice of Decision ............................................................................. 368 VCAT statement of grounds.............................................................. 376 Advertised plans ................................................................................ 389 Arborist comments ............................................................................ 404

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 116

Item: 4.1

Attachment 1: D16/115894 Intergrated Water Management in the Darebin Creek Catchments - City of Darebin Response

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 117

Item: 4.1

Attachment 1: D16/115894 Intergrated Water Management in the Darebin Creek Catchments - City of Darebin Response

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 118

Item: 4.1

Attachment 2: D16/116879 Integrated Water Management - Darebin Creek Catchment - Letter of Support La Trobe University

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 119

Item: 4.1

Attachment 3: D16/116143 Acknowledgement Letter re Intergrated Water Management in the Darebin Creek The Hon Bruce Atkinson MLC

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Item: 4.1

Attachment 4: D16/127055 Re: Integrated Water management In The Darebin Creek Catchment. Andrew Giles MP

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 121

Item: 4.1

Attachment 5: D16/148707 J. Murray Australian Sex Party response to C2016/181 Fwd: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting

From: Daniel Kollmorgen [mailto:Daniel.Kollmorgen@banyule.vic.gov.au] Sent: Friday, 1 July 2016 7:46 AM To: John Milkins <John.Milkins@banyule.vic.gov.au> Subject: Fwd: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting

FYI and reporting, thanks Daniel Kollmorgen Manager Transport, Sustainability and Municipal Laws Banyule City Council 0402-956-845 Begin forwarded message: From: Joel Murray <joel@sexparty.org.au> Date: 1 July 2016 at 7:45:14 AM AEST To: Daniel Kollmorgen <Daniel.Kollmorgen@banyule.vic.gov.au> Subject: Re: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting Daniel, Thanks for contacting me. I wholeheartedly support this motion. Best, Joel Joel Murray Party Agent | Candidate for the Division of Batman

PO Box 1131, CARLTON VIC 3053 joel@sexparty.org.au | [M] 0402 690 488 | [HQ] 0497 333 566 www.sexparty.org.au

On 30 Jun 2016, at 13:44, Daniel Kollmorgen <Daniel.Kollmorgen@banyule.vic.gov.au> wrote: Dear Joel, Integrated Water Management in the Darebin Creek Catchment Banyule Council seeks your support in the consideration of future integrated water management projects to increase community wellbeing and the liveability of the Darebin Creek catchment in the Banyule City Council area. Councillor Craig Langdon, Banyuleâ&#x20AC;&#x2122;s

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 122

Item: 4.1

Attachment 5: D16/148707 J. Murray Australian Sex Party response to C2016/181 Fwd: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting

Mayor, recently moved a Notice of Motion entitled Stormwater harvesting and pollution mitigation at Olympic Park, appended at the base of this email. Council’s Water Sustainability Plan (http://www.banyule.vic.gov.au/Council/Environmentand-Sustainabilty/Water ), adopted 2013, contains the following targets: 

Water conservation – Permanently constrain annual Council potable water use below 200 million litres.



Stormwater quality improvement – Annually remove the following pollutants: - 50 tonnes of litter - 130 tonnes of sediment - 800 kilograms of nitrogen.

Building on the success of its 2013 Community Stormwater Harvesting project, which won Stormwater Australia’s National Award for Excellence in Infrastructure, Banyule is considering the next steps in its approach to integrated water management and liveability along the Darebin Creek to meet Water Sustainability Plan targets. From La Trobe University to the Darebin Parklands, there are a number of opportunities for stormwater harvesting, pollution reduction, and open space improvements that Council is in the early stages of planning. These projects have been flagged in such Banyule Council documents as the draft Darebin Creek Masterplan and draft Olympic Park Masterplan, and also in the work of other stakeholders such as City of Darebin’s Northland Structure Plan, and the Metropolitan Planning Authority’s draft Integrated Water Management opportunities for the La Trobe National Employment Cluster. Examples of these projects include large scale a stormwater harvesting project at Olympic Park in Heidelberg West, and a project to reduce stormwater pollution from the Heidelberg West industrial estate. Council is particularly interested in combining opportunities to reduce pollution events and harvest stormwater from the Darebin creek. In recent times there have been severe pollution events that have resulted in the deaths of numerous eels. This is something we want to avoid in the future. 

Accordingly, I seek: your in-principle support for Council’s intent to improve integrated water management outcomes and liveability in the Darebin Creek catchment.  advice with regard to any relevant grant or partnership opportunities under your portfolio or that of your current or future governments. Responses can be returned to me via email daniel.kollmorgen@banyule.vic.gov.au or PO Box 51 Ivanhoe 3079. They will be included in a report to Council on the responses received. Yours sincerely, <image001.jpg> Daniel Kollmorgen

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 123

Item: 4.1

Attachment 5: D16/148707 J. Murray Australian Sex Party response to C2016/181 Fwd: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting Manager Transport, Sustainability and Municipal Laws Email:danie l.kollmorgen@ba nyule.vic.gov.au

Banyule City Council 44 Turnham Avenue, Rosanna 3084 PO Box 51, Ivanhoe 3079 Ph: (03) 9457-9880 | Fax: (03) 9499-9475 | Mobile: 0402 956 845 www.banyule.vic.gov.au

8.4

STORMWATER HARVESTING AND POLLUTION MITIGATION AT OLYMPIC PARK

Cr Craig Langdon submitted a Notice of Motion. Resolution (CO2016/1) That Council: 1.

Consider the opportunity for stormwater harvesting in the draft Olympic Park Master Plan;

Consider opportunities to reduce pollution and improve the quality of stormwater runoff from the Preston Industrial Estate and the Heidelberg West Industrial Estate flowing into the Darebin Creek as part of the Darebin Creek Masterplan;

Advise the Darebin Creek Management Committee and associated community groups, and the tenants of Olympic Park of Councilâ&#x20AC;&#x2122;s consideration of stormwater harvesting in the Olympic Park Masterplan and pollution mitigation measures as part of the Darebin Creek masterplan;

Advocate to the Metropolitan Planning Authority to include stormwater harvesting and pollution mitigation measures for the Darebin Creek as part of the LaTrobe National Employment Cluster planning;

Advocates by writing to:

(a)

Darebin City Council, LaTrobe University and Melbourne Water seeking their support for including stormwater harvesting and pollution mitigation measures in the Olympic Park Masterplan and Darebin Creek Masterplan;

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 124

Item: 4.1

Attachment 5: D16/148707 J. Murray Australian Sex Party response to C2016/181 Fwd: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting

(b)

The State Minister for Environment, Climate Change and Water and the State Minister for Employment identifying the opportunities for stormwater harvesting and pollution mitigation along the Darebin Creek and seeking support and funding for the spe cific projects that will be identified as a result of the current planning work;

(c)

All local Federal and State Members of Parliament seeking their commitment to improving the Darebin Creek and the Olympic Park area by reducing stormwater pollution and harvesting stormwater in a similar way to the successful projects at Kalparrin Gardens, Chelseworth Park and DeWinton Park;

(d)

All candidates for the Federal Seats of Jaga Jaga and Batman seeking their support for stormwater harvesting and pollution mitigation along the Darebin Creek and funding for the specific projects that will be identified as a result of the current planning work;

Receive a report collating the response received on the advocacy actions in resolutions 4 and 5 above. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

CARRIED

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 125

Item: 4.1

Attachment 6: D16/148692 C. Evans Animal Justice Party Response to C2016/181 FW: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting

From: Caitlin [mailto:caitlin_evans@hotmail.com] Sent: Thursday, 30 June 2016 2:25 PM To: Daniel Kollmorgen <Daniel.Kollmorgen@banyule.vic.gov.au> Subject: RE: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting

supported - thanks

From: bruce.poon.ajp@gmail.com Subject: Fwd: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting Date: Thu, 30 Jun 2016 14:13:39 +1000 To: caitlin_evans@hotmail.com fy response?

Begin forwarded message: From: Daniel Kollmorgen <Daniel.Kollmorgen@banyule.vic.gov.au> Subject: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting Date: 30 June 2016 at 1:59:29 PM AEST To: "bruce.poon.ajp@gmail.com" <bruce.poon.ajp@gmail.com> Attention: Caitlin Evans candidate for Batman Dear Caitlin, Integrated Water Management in the Darebin Creek Catchment

 

Banyule Council seeks your support in the consideration of future integrated water management projects to increase community wellbeing and the liveability of the Darebin Creek catchment in the Banyule City Council area. Councillor Craig Langdon, Banyule’s Mayor, recently moved a Notice of Motion entitled Stormwater harvesting and pollution mitigation at Olympic Park, appended at the base of this email. Council’s Water Sustainability Plan (http://www.banyule.vic.gov.au/Council/Environmentand-Sustainabilty/Water ), adopted 2013, contains the following targets: Water conservation – Permanently constrain annual Council potable water use below 200 million litres. Stormwater quality improvement – Annually remove the following pollutants: - 50 tonnes of litter - 130 tonnes of sediment - 800 kilograms of nitrogen. Building on the success of its 2013 Community Stormwater Harvesting project, which won Stormwater Australia’s National Award for Excellence in Infrastructure, Banyule is

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 126

Item: 4.1

Attachment 6: D16/148692 C. Evans Animal Justice Party Response to C2016/181 FW: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting

considering the next steps in its approach to integrated water management and liveability along the Darebin Creek to meet Water Sustainability Plan targets. From La Trobe University to the Darebin Parklands, there are a number of opportunities for stormwater harvesting, pollution reduction, and open space improvements that Council is in the early stages of planning. These projects have been flagged in such Banyule Council documents as the draft Darebin Creek Masterplan and draft Olympic Park Masterplan, and also in the work of other stakeholders such as City of Darebin’s Northland Structure Plan, and the Metropolitan Planning Authority’s draft Integrated Water Management opportunities for the La Trobe National Employment Cluster. Examples of these projects include large scale a stormwater harvesting project at Olympic Park in Heidelberg West, and a project to reduce stormwater pollution from the Heidelberg West industrial estate. Council is particularly interested in combining opportunities to reduce pollution events and harvest stormwater from the Darebin creek. In recent times there have been severe pollution events that have resulted in the deaths of numerous eels. This is something we want to avoid in the future.  

Accordingly, I seek: your in-principle support for Council’s intent to improve integrated water management outcomes and liveability in the Darebin Creek catchment. advice with regard to any relevant grant or partnership opportunities under your portfolio or that of your current or future governments. Responses can be returned to me via email daniel.kollmorgen@banyule.vic.gov.au or PO Box 51 Ivanhoe 3079. They will be included in a report to Council on the responses received. Yours sincerely, Daniel Kollmorgen Manager Transport, Sustainability and Municipal Laws Email:danie l.kollmorgen@ba nyule.vic.gov.au Banyule City Council 44 Turnham Avenue, Rosanna 3084 PO Box 51, Ivanhoe 3079 Ph: (03) 9457-9880 | Fax: (03) 9499-9475 | Mobile: 0402 956 845 www.banyule.vic.gov.au

8.4

STORMWATER HARVESTING AND POLLUTION MITIGATION AT OLYMPIC PARK Cr Craig Langdon submitted a Notice of Motion. Resolution (CO2016/1) That Council: ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 127

Item: 4.1

Attachment 6: D16/148692 C. Evans Animal Justice Party Response to C2016/181 FW: Banyule Council seeks your support for Darebin Creek Pollution Mitigation and Stormwater Harvesting

Consider the opportunity for stormwater harvesting in the draft Olympic Park Master Plan;

Advocate to the Metropolitan Planning Authority to include stormwater harvesting and pollution mitigation measures for the Darebin Creek as part of the LaTrobe National Employment Cluster planning;

Advocates by writing to:

(a)

(b)

The State Minister for Environment, Climate Change and Water and the State Minister for Employment identifying the opportunities for stormwater harvesting and pollution mitigation along the Darebin Creek and seeking support and funding for the specific projects that will be identified as a result of the current planning work;

(c)

(d)

Receive a report collating the response received on the advocacy actions in resolutions 4 and 5 above. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 128

CARRIED

Item: 5.1

Attachment 1: P1268/14 - Proposed Lots Layout & Building Envelopes

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Item: 5.1 --/--/20--

Attachment 2: C106 - Proposed Development Plan Overlay - Schedule 5

SCHEDULE 5 TO THE DEVELOPMENT PLAN OVERLAY

Cxx

Shown on the planning scheme map as DPO5 8 MAIN ROAD, LOWER PLENTY This schedule applies to part of the Heidelberg Golf Course, which is located at 8 Main Road, Lower Plenty. 1.0

Requirement before a permit is granted

--/--/20-Cxx

A permit may be granted, for the following, before a development plan has been approved:  Minor works provided the works do not prejudice the preparation and approval of the Development Plan;  Subdivision of land, provided that the number of lots is not increased above two lots and or including a reserve  Removal or creation of easements or restrictions.

2.0

Conditions and Requirements for Permits

--/--/20-Cxx

Any Development Plan or planning permit application must be generally in accordance with the Concept Plan as shown in Figure 1 Except for a permit issued as provided for under Clause 1.0, a permit must contain conditions or requirements which give effect to the provisions and requirements of the approved Development Plan. A permit to subdivide, use or develop land should include, where relevant, conditions requiring the following: 

3.0

All development must be carried out in accordance with the approved Construction Management Plan to the satisfaction of the Responsible Authority.

Requirements for a Development Plan

--/--/20-Cxx

A Development Plan must be generally in accordance with the Concept Plan as shown in Figure 1 to the satisfaction of the Responsible Authority – The Development Plan must show or provide for: The location and extent of all building envelopes including boundary setbacks; Maximum envelope heights in metres above NGL; Existing trees to be retained and tree protection measures; A landscape concept plan for public open space and roads and outdoor communal areas The location and layout of all internal roads and pedestrian accessways; The location and indicative number of public car parking spaces The balance of the golf club land to continue to be used as a golf course, with a requirement for a master plan or similar to be prepared for any additional future subdivision proposals that require the rezoning of the golf course land Details of access connections between the land and the surrounding area including any proposed vehicle access points, traffic management and control methods and bicycle and pedestrian path connections.

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Item: 5.1

Attachment 2: C106 - Proposed Development Plan Overlay - Schedule 5

The Development Plan may comprise more than one sheet or drawing, may include text and may be amended from time to time to the satisfaction of th e Responsible Authority.

Supporting Information Requirements The Development Plan must be supported by the following reports and plans prepared by suitably qualified person(s): Planning Report A planning report that includes: An assessment of the proposed Development Plan against the provisions of this schedule. Landscape Concept Plan A landscape concept plan which includes: Identification of trees to be retained and tree protection measures; and Provision of additional canopy trees along the proposed road to complement the site’s landscape setting. 4.0

Decision Guidelines

--/--/20-Cxx

Before deciding on a development plan or planning permit application, the responsible authority must consider: 

  

Whether the development plan or planning permit application is generally in accordance with the Concept Plan at Figure 1 Whether the scale and density are compatible with the amenity and natural values of the surrounding area. The provision for vehicular and pedestrian access appropriate to the development and its linkage with adjoining areas. Whether the proposed development plan is consistent with the capacity of essential services, particularly the management of surface water run-off. Whether the proposal meets a high standard of urban and landscape design. Whether the proposal meets a high standard of sustainability. The conservation of the environmental qualities and features of the land.

 

The integration with the surrounding Heidelberg Golf Course and residential area. How the proposal affects or is affected by the adjoining Heidelberg Golf Course.



Whether the relevant provisions of Clause 56 - Residential Subdivision are met.

  

Figure 1 - Concept Plan

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Item: 5.1

Attachment 3: C106 & P1268/14 - Explanatory Report Planning and Environment Act 1987

BANYULE PLANNING SCHEME AMENDMENT C106 PLANNING PERMIT APPLICATION P1268/2014 EXPLANATORY REPORT Who is the planning authority? This amendment has been prepared by Banyule City Council, which is the planning authority for this amendment. The Amendment has been made at the request of Terrain Consulting Group on behalf of the Heidelberg Golf Club.

Land affected by the Amendment The Amendment applies to land that forms part of the Heidelberg Golf Course at 8 Main Road Lower Plenty which is also known as Lot G on PS 645060J on Certificate of Title Volume 11402, Folio 638. That part of the Heidelberg Golf Course affected by this amendment is shown shaded on Map A, below.

Map A â&#x20AC;&#x201C; Location plan The Amendment is a combined planning permit application and planning scheme amendment under section 96A of the Act. The planning permit application also applies to that portion of the Golf Course shown shaded in Map A, above.

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Item: 5.1

Attachment 3: C106 & P1268/14 - Explanatory Report

What the amendment does The Amendment proposes to change the Banyule Planning Scheme by:  Rezoning the land from Special Use Zone 1 to Neighbourhood Residential Zone – Schedule 3; and  Applying a Development Plan Overlay (DPO5) to the land]. The Amendment:  Inserts Clause 43.05 - Schedule 5 to the Development Plan Overlay to the Banyule Planning Scheme  Amends Map No 12 to the Banyule Planning Scheme to show the site as included within the Neighbourhood Residential Zone – Schedule 3 (NRZ3)  Inserts Map 12DPO to the Banyule Planning Scheme to show the site as inc luded within and a Development Plan Overlay – Schedule 5 (DPO5) The planning permit application seeks approval for:  The subdivision of the land into 9 lots and  Associated tree removal The planning permit is attached as a separate document to this Explanatory Report.

Strategic assessment of the Amendment Why is the Amendment required? The amendment is required to ensure the ongoing viability of the Heidelberg Golf Club by releasing land that can be subdivided for the purpose of individual dwellings without compromising the continued operation of the Heidelberg Golf Club and golf course. The site to be rezoned is occupied by the Heidelberg Golf Course and comprises land that includes part of the existing access road and practice fairway adjacent to the 5th hole. The current Special Use 1 Zone prohibits the use of land for accommodation (dwellings) other than for a Caretakers house or Residential building. The proposed Neighbourhood Residential Zone (Schedule 3) is consistent with the zoning of the existing accessway linking the site to Main Road, and the surrounding residential zoning pattern. Pursuant to the provisions of the Neighbourhood Residential Zone (Schedule 3):  A permit is required to subdivide land - there is no minimum lot size;  The maximum number of dwellings on a lot must not exceed two;  A Dwelling (other than a Bed and breakfast) is a Section 1, permitted use;  A permit is required for the construction or extension of one dwelling on a lot less than 500 square metres  The maximum height of a dwelling must not exceed 8 metres (or 9 metres for sloping land).  There are no variations to the requirements of Clause 54 and 55.

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Item: 5.1

Attachment 3: C106 & P1268/14 - Explanatory Report

The rezoning will provide an opportunity for an undeveloped area of land to be subdivided and developed in a manner that compliments the adjoining residential land and golf course at a scale which is sensitive to both as well as its unique landscape setting. The Development Plan Overlay will ensure that the development of the land occurs in a planned and integrated manner, by requiring that any planning permit for subdivision or development of the land accords with an approved development plan. An approved development plan must provide an outline of the key form of future subdivision and development. Once a development plan is approved, planning permit applications will generally be exempt from third party notification requirements. It is proposed that each new lot would be subject to a building envelope approved as part of the plan of subdivision via a Planning Permit Application for Subdivision. In this manner, whilst each lot exceeds 500 sq.m in area and would not be subject to a separate planning permit for development under the provisions of the Neighbourhood Residential Zone, future dwellings will be sited in accordance with the approved building envelope and subject to the provisions of the existing and proposed overlay controls

How does the Amendment implement the objectives of planning in Victoria? The amendment implements the objectives of planning in Victoria by facilitating the fair, orderly, economic and sustainable use and development of the land that balances the present and future interests of the community. The rezoning of the land to Neighbourhood Residential Zone (Schedule 3) will facilitate additional housing to help meet future demand in Banyule. The application of the Development Plan Overlay to this land will ensure that the design of the subdivision and future development is appropriate to the site and its surrounds

How does the Amendment address any environmental, social and economic effects? Environmental Effects The amendment will generate a range of positive environmental effects, including: 

Supporting development of the site in a manner that will complement nearby residential land uses as well as the adjoining golf course, thus resulting in increased levels of amenity and a quality urban design outcome;



Contributing to urban consolidation objectives by making efficient use of existing services and infrastructure, including sustainable transport options;



Protecting existing identified high value trees, and ensuring sufficient space for the planting of additional canopy trees through designated building envelopes.

Furthermore, the Development Plan Overlay requires the preparation of an Environmentally Sustainable Design Guidelines Report that provides actions and targets which demonstrate best practice of environmental sustainability throughout the subdivision Social Effects The proposed amendment is expected to have a number of positive social impacts including:  Facilitating the development of the land for detached dwellings, thus contributing to the range of housing found within the locality and addressing future housing needs;  Providing for an increase in population in the area, thus contributing to the function of nearby community facilities; and

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Item: 5.1

Attachment 3: C106 & P1268/14 - Explanatory Report

 Enhancing the sense of place through the provision of a well designed development that complements nearby land uses, engages with landscaped areas and creates opportunities to increased well being. Economic Effects The amendment provides for a number of positive economic impacts including:  Contributing to the catchment base for local businesses, thus supporting their economic viability;  Making efficient use of an underutilised piece of land; and  Supporting the ongoing financial viability of the Heidelberg Golf Club

Does the Amendment address relevant bushfire risk? These subject site is not affected by any Bushfire Management Overlay (BMO) therefore these provisions are not relevant to this amendment.

Does the Amendment comply with the requirements of any Minister’s Direction applicable to the amendment? The amendment complies with the requirements of Minister’s Direction No.9 – Metropolitan Planning Strategy, as outlined below. The amendment also complies with Minister’s Direction No. 11 – Strategic Assessment of Amendments, as the amendment considers the comprehensive strategic evaluation and its outcomes, as outlined in this Explanatory Report. The amendment is also consistent with Ministerial Direction – The Form and Content of Planning Schemes pursuant to Section 7(5) of The Act. Ministerial Direction 9: Metropolitan Planning Strategy Ministerial Direction 9 requires a planning scheme amendment to have regard to the Metropolitan Planning Strategy – Plan Melbourne: Metropolitan Planning Strategy (Department of Transport, Planning and Local Infrastructure, 2014) The relevant aspects of this strategy are discussed below. •

What aspects, if any, of the Metropolitan Planning Strategy are relevant? Direction 2.2 – Reduce the cost of living by increasing housing supply near services and public transport.

•

How does the Metropolitan Planning Strategy affect the amendment? Plan Melbourne – Metropolitan Planning Strategy policy provides guidance in respect of the above aspects as they apply to the development of the land. The amendment advances the relevant policies as detailed below.

• Is the amendment consistent with any directions and policies in the Metropolitan Planning Strategy? The proposal supports the following planning initiatives of Plan Melbourne. • Initiative 2.1.1 Apply the Reformed Residential Zones • Initiative 2.2.3 – Deliver housing close to jobs and transport • Initiative 5.1.1 - Accommodate the majority of new dwellings in established areas within walking distance of the public transport network

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Item: 5.1

Attachment 3: C106 & P1268/14 - Explanatory Report

• Does the amendment support, give effect to or assist the implementation of the Metropolitan Planning Strategy or can it be reasonably modified to do so? The positive outcomes generated by the redevelopment of the land, as detailed above, will all assist in the implementation of Plan Melbourne – Metropolitan Planning Strategy. • Will the amendment compromise the implementation of the Metropolitan Planning Strategy? The amendment will not compromise the implementation of the Metropolitan Planning Strategy.

How does the Amendment support or implement the State Planning Policy Framework and any adopted State policy? The amendment supports the State Planning Policy Framework (SPPF) by implementing a number of State objectives, including: -

Clause 11.02 – Urban Growth This clause seeks to facilitate the orderly and sequenced development of urban areas. The amendment achieves this by incorporating building envelopes in the Plan of Subdivision to guide future residential development.

Clause 11.04 – Metropolitan Melbourne This clause encourages job creation and investment, greater housing choice and affordability, a more connected city, healthy and active neighbourhoods, protection of natural assets, maximising the State’s growth potential, protecting the city’s green wedges and rivers and the creation of a network of metropolitan open space. The objectives and strategies are guided by Plan Melbourne – Metropolitan Planning Strategy. The proposal supports these principles.

Clause 15.01 - Urban Environment Clause 15.01 seeks to create urban environments that are safe, functional and liveable. The amendment facilitates this by providing a well designed, attractive and well integrated living environment with good links with the abutting road, as well as space for the retention and planting of trees. These features will collaboratively create a sense of place and identity for the site. The proposed rezoning and sympathetic subdivision will optimise the site’s features to ultimately create a high quality architectural and urban design outcome.

Clause 15.02 - Sustainable Development This clause encourages development that uses efficient energy practices and minimises greenhouse gas emissions. To address this, each lot will include a building envelope that has been designed to maximise energy efficiency opportunities.

Clause 16.01 - Residential Development This clause encourages well located residential development that meets housing needs. The proposal support this by facilitating the residential development of land that offers convenient access to a range of services and facilities including the Lower Plenty Neighbourhood Centre. The proposed subdivision will include building envelopes that can accommodate a variety of dwelling layouts to suit varied housing needs.

Clause 18.02 - Movement Networks The movement networks clause seeks to promote and manage the use of sustainable personal transport such as walking, cycling and public transport, managing the road system and providing car parking. The amendment meets the objectives of the clause by:

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providing a high quality pedestrian and cycling environment;

ensuring a adequate space for on site car parking is provided;

offering convenient access to public transport options.

Clause 19.02 - Community Infrastructure This clause encourages the provision for social and physical infrastructure in a manner that is efficient, equitable, accessible and timely. The proposal supports this principle by sharing the existing access road with the Heidelberg Golf Club, thus supporting the ongoing operation of the existing Golf Club

How does the Amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement? The proposed amendment supports the relevant sections of the Local Planning Policy Framework in the following ways: -

Clause 21.04 – Land Use Housing issues included in this clause refer to balancing the need for residential amenity and desired neighbourhood character with urban consolidation and greater housing choice. The amendment will achieve this by making use of land that is suitable for residential purposes, incorporating building envelopes that allow for varied dwelling layouts, and by providing an attractive living environment without compromising neighbourhood character or residential amenity.

Clause 21.05 – Natural Environment Clause 21.05 seeks to maintain and enhance the municipality’s environment. The amendment will support this by requiring development in accordance with an approved development plan that responds appropriately to identified high value trees and provides space for additional canopy planting that will complement the garden setting of the site. The existing overlay controls affecting the land (ESO1, ESO4 and SLO1) will provide additional planning controls with relation to trees.

Clause 21.06 – Built Environment Clause 21.06 seeks to provide a safe, attractive and high quality built environment, ensure development respects and contributes to the desired future character, encourage environmentally sustainable development and greater housing diversity to suit varied housing needs. It is noted that the site adjoins a ‘Limited Incremental’ area on the Residential Areas Framework plan where sensitively designed single dwellings are encouraged. The amendment supports these objectives.

Clause 22.02 – Residential Neighbourhood Character Policy This policy encourages development that complements and respects the preferred future character of the area, and retains and enhances the identified elements that contribute to the preferred future character. It is noted that the site adjoins the Bush Garden (East) precinct on the Neighbourhood Character Precinct Map. The amendment supports the principles of supporting this bush garden character through sensitively designed building envelopes that provide for tree protection and planting, including the provision of generous front and rear setbacks and space for planting of canopy trees.

Does the Amendment make proper use of the Victoria Planning Provisions? The proposed amendment makes appropriate use of the Victoria Planning Provisions through the implementation of the Neighbourhood Residential Zone – Schedule 3. This zone will

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provide future residential development that will complement the adjoining residential zone and provide for sensitive development that is respectful of the landscape character of the locality. The development plan will ensure the sensitive siting of dwellings having regard to building form, orientation, access, natural features and landscaping and objectives for the locality.

How does the Amendment address the views of any relevant agency? Relevant agencies will be notified as part of the exhibition process for the amendment and their views will be considered as part of Council’s assessment of the amendment. In addition, preliminary views have been sought from xxxxxx.

Does the Amendment address relevant requirements of the Transport Integration Act 2010? The amendment is not anticipated to have an impact on the transport system outside the site given the minor level of expected increase in activity associated with the change of use and development of the site. There are no applicable statements of policy principles prepared under section 22 of the Transport Integration Act 1020.

Resource and administrative costs 

What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? The amendment will not give rise to any unreasonable resource or administrative costs for the City of Banyule.

Where you may inspect this Amendment The Amendment is available for public inspection, free of charge, during office hours at the following places: Rosanna Service Centre 44 Turnham Avenue, ROSANNA Greensborough Service Centre 9 – 13 Flintoff Street, GREENSBOROUGH Ivanhoe Service Centre 275 Upper Heidelberg Road, IVANHOE The Amendment can also be inspected free of charge at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection.

Submissions Any person who may be affected by the Amendment [and/or planning permit] may make a submission to the planning authority. Submissions about the Amendment [and/or planning permit] must be received by [insert submissions due date]. ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 138

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A submission must be sent to: [insert Council’s address]

Panel hearing dates In accordance with clause 4(2) of Ministerial Direction No.15 the following panel hearing dates have been set for this amendment:  directions hearing: [insert directions hearing date]  panel hearing: [insert panel hearing date] ]

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Attachment 4: C106 - Proposed DPO Concept Plan

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Attachment 5: Proposed Planning Permit P1268/14

That Council having complied with Section 96C(8a) of the Planning and Environment Act 1987, prepared a proposed Planning Permit in respect of Application No. P1268/2014 for a 9 lot subdivision and removal of native vegetation at 8 Main Road LOWER PLENTY subject to the following conditions: Plans (1)

Prior to Certification of the Plan of Subdivision, 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 generally in accordance with the advertised plans submitted with the application but modified to show: (a) Detail design of the proposed common property and cul-de-sac; (b) Location and details of the proposed netting structure or alternative treatment to protect new occupants from golf balls; and (c) Details of existing drainage on the subject site, including size, depth and type.

General Requirements (2)

The subdivision layout as shown on the endorsed plan shall not be altered or be modified (whether or not in order to comply with any statute, Statutory Rule or ByLaw or for any other reason) without the consent of the Responsible Authority.

(3)

The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with the authorityâ&#x20AC;&#x2122;s requirements and relevant legislation at the time.

(4)

All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

(5)

The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

Public Open Space Contribution (6)

Prior to the issue of a Statement of Compliance, a public open space contribution of 5% of the value of the land is required to be paid to Council, in accordance with Section 18(1) of the Subdivision Act 1988.

Landscape Plans (7)

Prior to the Certification of the Plan of Subdivision for any stage of the subdivision under the Subdivision Act 1988, a detailed landscape plan 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. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must show:

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(8)

Attachment 5: Proposed Planning Permit P1268/14 (a)

A survey (including botanical names) of all existing vegetation to be retained and removed from the site;

(b)

Common property tree planting locations. Street trees must be provided along the internal road and located so as not to reduce sight distances at intersections or vehicle crossings, and be located so as not to result in damage to any infrastructure or services;

(c)

A detailed planting schedule of all proposed trees, shrubs and groundcovers, including botanical names, common names, pot sizes, sizes at maturity and quantities of each plant. All species selected must be to the satisfaction of the Responsible Authority.

(d)

Details regarding specific planting techniques to be undertaken, such as planting methodology, root barriers, fertilizer, or any other requirements;

(e)

A maintenance plan, setting out the responsibilities and requirements for the initial and ongoing maintenance of all landscape works all to the satisfaction of the Responsible Authority.

The landscaping is to be maintained for a period of 24 months from practical completion of the landscaping. During this period, any dead, diseased or damaged plants or landscaped areas are to be replaced to the satisfaction of the Responsible Authority.

Drainage (9)

Prior to certification, Engineering plans showing a properly prepared design with computations for the internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas including: (i)

The use of an On-site Stormwater Detention (OSD) system (if required); and

(ii)

The connection to the Council nominated legal point of discharge.

Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided (9)

Prior to the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, each lot must be connected to an underground drainage system including an on-site detention system where required by the Responsible Authority, to control flows to predevelopment levels and treat stormwater wholly within the boundaries of the subject land, to the satisfaction of the Responsible Authority.

(10)

Prior to the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the permit holder must construct at no cost to Council, drainage works between each of the proposed lots and the Council nominated point of discharge, all to the satisfaction of the Responsible Authority.

(11)

All stormwater drainage runoff shall be collected in a complete and effective and effective drainage pipe in the common area of the land. This is subject to the existing drainage being verified by the applicant to determine size, depth and type

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Attachment 5: Proposed Planning Permit P1268/14 and provided to Engineering Services. Engineering Services will assess if the existing stormwater is suitable and has the capacity for this subdivision. The existing Stormwater connection point in Main Road must also be verified and inspected to ensure it is in good working order.

(12)

Each lot must be provided with a stormwater inlet prior to the issue of a Statement of Compliance.

Engineering and infrastructure (13)

Prior to the Certification of the Plan of Subdivision for any stage of the subdivision under the Subdivision Act 1988, a Functional Layout Plan, must be submitted to and approved by the Responsible Authority. When approved, the Functional Layout Plan will be endorsed and form part of the permit. The Functional Layout Plan must include details of the road cross sections and the provision of integrated water management systems and utilities.

(14)

Prior to the commencement of works, detailed construction plans 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 construction plans must be drawn to scale, with dimensions, and three copies must be provided. The plans must be consistent with the endorsed Functional Layout Plan, and include:

(15)

(a)

Design for full construction of streets (if required) and underground drainage, including measures to control / capture pollutants and silt;

(b)

Provision for all services and conduits (underground), including alignments and offsets, on a separate services layout plan;

(c)

All intersection treatments and temporary turning areas to comply with the turning movements of emergency vehicles and Council’s waste collection vehicles. Turning templates will need to be submitted for verification;

(d)

Vehicle crossings to each lot to a residential standard in accordance with Council’s Standard Drawings;

(e)

Provision of a concrete footpath on at least one side of the common property. All footpaths shall be a minimum 1.5 metres in width and be in accordance with Council Standards;

(f)

Provision of appropriate street lighting and traffic signage to Council standard design;

(g)

Provision of underground easement drains of sufficient capacity to serve all lots being created to a legal point of discharge and the provision of an inlet on each such lot;

(j)

Details in relation to all filling on the site that must be compacted to specifications approved by the Responsible Authority;

(l)

Provision for the utilisation of any surplus topsoil from the development;

(m)

Locations of all street trees in accordance with an approved landscape plan.

All filling on the land must be carried out, supervised, completed and recorded in accordance with AS 3798 – 1996: Guidelines on Earthworks for Commercial and Residential Developments to the satisfaction of the Responsible Authority. All fill

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Attachment 5: Proposed Planning Permit P1268/14 placed on the land must be certified clean fill as defined by the Environment Protection Authority Victoria and fill must not be accepted from the general public.

Tree Protection (16)

Prior to the commencement of works, a Tree Protection Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The Tree Protection Plan must be prepared by a qualified arborist. When approved the plan will be endorsed and will then form part of the permit. The Tree Protection Plan must be drawn to scale with dimensions and three copies must be provided. The Tree Protection Plan must include: (a) Details of all native vegetation to be retained on the land;

(17)

(b)

Details of measures to protect vegetation during construction including fencing material, fencing locations, signage, trunk and ground protection measures for all trees proposed to be retained where within 10m of any subdivision works proposed;

(c)

Tree Protection Zones to be calculated using the methods detailed within AS 4970-2009 Protection of trees on development sites.

(d)

Provision that no vehicular or pedestrian access, trenching, storage of materials or equipment or soil excavation is to occur within the vegetation protection area unless otherwise agreed in writing by the Responsible Authority.

(e)

All services where located within the Tree Protection Zones as calculated under Australian Standard AS4970-2009 of any tree being retained, must be bored and any service pits must be located outside of the TPZ unless otherwise agreed in writing by the Responsible Authority.

Prior to the commencement of works, all vegetation and tree protection measures detailed in the Tree Protection Plan must be implemented to the satisfaction of the Responsible Authority. The protection measures must be inspected by Councilâ&#x20AC;&#x2122;s Development Planning arborist before any works commence and must not be altered or moved until satisfactory completion of the works, or unless otherwise agreed in writing by the Responsible Authority.

Native Vegetation Offsets (18)

In order to offset the removal of scatters trees approved as part of this permit, the applicant must provide a native vegetation offset that meets the following requirements and is in accordance with the Permitted clearing of native vegetation â&#x20AC;&#x201C; Biodiversity assessment guidelines and the Native vegetation gain scoring manual: The offset must:

(a) Contribute a gain of 0.15 general biodiversity equivalent units; (b) Be located within the City of Banyule or the Port Philip and Westernport Catchment Management Authority Boundary; and (c) Have a strategic biodiversity score of at least 0.10. (d) The offset provided must be to the satisfaction of the Responsible Authority.

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Attachment 5: Proposed Planning Permit P1268/14

Completion and Standard of Public Works (19) Unless otherwise agreed in writing by the Responsible Authority, all drainage works required to connect all lots to the legal point of discharge as determined by Council must be carried out to the satisfaction of the Responsible Authority prior to the issue of a Statement of Compliance. (20) Unless otherwise agreed in writing by the Responsible Authority, any proposed vehicle crossing must be carried out to the satisfaction of the Responsible Authority prior to the issue of a Statement of Compliance. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works. (21) Vehicular access or egress to the subject land from any roadway or service lane must be by way of a vehicle crossing constructed in accordance with Councilâ&#x20AC;&#x2122;s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will use the crossing(s). The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works. Waste Management (22) A Waste Management Plan prepared by a suitably qualified person must be submitted to and approved to the satisfaction of the Responsible Authority. Such plan must specify that collection is to be by way of private contractor and detail: (a)

How waste and recycling materials are to be managed within the site and collected from the subject site;

(b)

Anticipated frequency, hours and duration of collection(s).

(c)

How bin storage areas will be maintained to ensure there is no unreasonable emission of odour or noise;

Once approved, this management plan must be adhered to by the owner(s), permit holder(s) and operator(s) of the dwellings at all times unless otherwise approved by the responsible authority. Section 173 Agreement (23) Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works the owner/s of the land at 8 Main Road, Lower Plenty must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority. Such agreement shall require that: (a)

All future dwellings to be constructed on lot 1-8 and their associated outbuildings must be built with the building envelopes illustrated on the plans endorsed under the planning permit P1268/2014;

(b)

All future dwellings to be constructed on lot 1-8 must have a site coverage no greater than 40%;

(c)

All future dwellings to be constructed on lot 1-8 must include wall and roof materials of earthly and muted tones; ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 145

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Attachment 5: Proposed Planning Permit P1268/14

(d)

No more than one dwelling may be constructed on each of the created residential allotments (lot 1-8);

(e)

Tree protection fencing as required by condition No. 16 of the planning permit must be installed prior to the construction process (including earthworks) commencing upon each of the three respective created residential allotments (lots 1-8) and must remain in place until the construction has been completed to Councilâ&#x20AC;&#x2122;s satisfaction;

(f)

All future vehicle access to each respective dwelling to be constructed on lot 1-8 must be from a driveway placed in the location of the devised driveway location for each respective lot as illustrated on the development plans endorsed under the planning permit P1268/2014. Where encroachment into tree protection zones occurs, permeable paving must be used for the driveways;

(g)

Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of any buildings and works on lots 1-8, a satisfactory landscape plan for that respective lot shall be submitted to and approved by the Responsible Authority. In particular the landscape plan must include the following details: (i)

Provision of replacement planting for vegetation that is to be removed;

(ii)

A minimum of 2 medium/large canopy trees throughout the lot;

(iii)

An indigenous planting theme;

(iv)

Screening planting for all boundaries adjoining properties external to the subdivision;

(v)

A schedule of all proposed trees, shrubs and ground cover, which includes the location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified;

(vi)

Location and details of paving, steps, retaining walls, fence design details and other landscape works including cut and fill.

(h)

All waste collection from the land will be carried out by a private waste collector in accordance with the Waste Management Plan endorsed as part of Planning Permit P1268/14.

(i)

The common property access driveway may not be gated in any location to prevent vehicle from travelling along its full length.

(j)

Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed development plans and must be drained and provided with an all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority.

(k)

Areas set aside for the parking and movement of vehicles as shown on the endorsed development plans must be made available for such use and must not be used for any other purpose.

A memorandum of the Agreement is to be entered on title and the cost of the preparation and execution of the Agreement and entry of the memorandum on title is to be paid by the owner. Telecommunications (Mandatory Conditions under Clause 66.0-1) ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 146

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(24) The owner of the land must enter into an agreement with: (a) a telecommunications network or service provider for the provision of

telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and (b) a

suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

(25)

Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from: (a) a telecommunications network or service provider that all lots are

connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and (b) a suitably qualified person that fibre ready telecommunication facilities

have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. Time Limit (26)

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

The plan is not certified within two years of the date of this permit; or



A Statement of Compliance is not issued within five (5) years of the date of certification.

The Responsible Authority may extend the permit if a request is made in writing in accordance with, and within the timeframes specified, in Section 69 of Planning and Environment Act 1987. PERMIT NOTE (1)

Street Numbering Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan, however it is Council’s intention to number the proposed allotments as follows: Lot 1

1/8

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Attachment 5: Proposed Planning Permit P1268/14 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8

(2)

2/8 3/8 4/8 5/8 6/8 7/8 8/8

Main Main Main Main Main Main Main

Road Road Road Road Road Road Road

Lower Plenty Lower Plenty Lower Plenty Lower Plenty Lower Plenty Lower Plenty Lower Plenty

Memorandum of Consent for Works Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for:

(3)



A “Memorandum of Consent for Works” for any works within the road reserve; and/or



A “Drainage Connection Permit” for any works other than within a road reserve.

Public Open Space Contribution Pursuant to Section 18(1) of the Subdivision Act 1988, a public open space contribution of 5% of the value of the land is payable prior to the issue of a Statement of Compliance. A valuation will be prepared and forwarded to the applicant. In accordance with Section 19(5) of the Subdivision Act, in the event that the contribution is not paid within 12 months of the date of this permit Council will request a revaluation of the site value at each anniversary, and will vary the amount of the payment required accordingly.

(5)

Engineering Notes Each lot owner must submit a drainage design to Council for assessment and approval prior to Certificate of Occupancy. The detention system requirements for this subdivision are as follows:Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8

– 5.21m3 storage and – 3.08m3 storage and – 2.94m3 storage and – 2.82m3 storage and – 2.26m3 storage and – 2.90m3 storage and – 3.01m3 storage and – 4.66m3 storage and

7.37 L/s minimum 7.37 L/s minimum 7.37 L/s minimum 7.37 L/s minimum 7.37 L/s minimum 7.37 L/s minimum 7.37 L/s minimum 7.37 L/s minimum

discharge discharge discharge discharge discharge discharge discharge discharge

The above outlines the minimum storage required and maximum discharge for each site.

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Attachment 2: Planning controls

P554/2015: 56-60 Rosanna Road and 43 Brown Street, Heidelberg - Attachment PLANNING CONTROLS The following planning controls are relevant to the assessment of the application. RESIDENTIAL GROWTH ZONE Purpose  To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.  To provide housing at increased densities in buildings up to and including four storey buildings.  To encourage a diversity of housing types in locations offering good access to services and transport including activities areas.  To encourage a scale of development that provides a transition between areas of more intensive use and development and areas of restricted housing growth.  To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations. No planning permission is required for the residential use of the land although permission is required for buildings and works. SIGNIFICANT LANDSCAPE OVERLAY (SLO1 – Yarra Valley Open Space) Purpose    

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify significant landscapes. To conserve and enhance the character of significant landscapes.

A permit is required to remove, destroy or lop any native vegetation and to construct or carry out works for more than one dwelling. DESIGN AND DEVELOPMENT OVERLAY (DDO5) Purpose  To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.  To identify areas which are affected by specific requirements relating to the design and built form of new development. Schedule 5 to the Overlay - Heidelberg Activity Centre, incorporates the following: 1.0

Design objectives

Built Form To promote new development that provides a positive contribution to the built form and public realm by:  Respecting the preferred scale and character of the Heidelberg Activity Centre.  Protecting views from the public realm along and across the Burgundy Street valley.  ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 169

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Incorporating a combination of articulation, materials and colours to create visual interest.  Providing façade treatments that are sympathetic with nearby areas of parklands and vegetation.  Providing a sympathetic design response to nearby sites of known heritage value.  Providing building setbacks that create a sense of openness within the streetscape environment and maintain the amenity of peripheral residential and other sensitive uses.  Providing consistent setback of buildings along Burgundy Street (east of the railway line), Hawdon Street and Cape Street to retain valued views onto nearby tree-lined ridgelines, the Yarra River’s green corridor and the distant Dandenong Ranges.  Encouraging development to provide passive surveillance to the streetscape and other public areas.  Maintaining sunlight and daylight access to adjoining private open spaces of dwellings in accordance with clause 55.  Locating living areas, windows and private open spaces to minimise the potential for overlooking in accordance with clause 55.  Ensuring ground-level street frontages have activity and interest for pedestrians.  Ensuring car parking is appropriately screened by buildings and landscaping. To promote design that enables environmentally sustainable development. To discourage the underdevelopment of land by not permitting buildings or entrenching uses that are inconsistent with the preferred scale and character, identified by the maximum building heights and setbacks detailed in this Schedule. Gateway Locations To encourage the development of gateway locations that provide a positive contribution to Heidelberg’s identity and sense of place. Landscaping To utilise vegetation to help create a strong identity for the Heidelberg Activity Centre; including the use of vegetation at both ground and upper levels of buildings. 2.0

Buildings and works

Buildings and works should be constructed in accordance with the following standards:  Building height should not be greater than the height specified in the attached plans at section 8.0 of this Schedule.  Buildings should comply with the setback requirements identified on the attached plans at section 8.0 and detailed in the section 2.2 of this Schedule. If a proposal does not meet a standard, it must be demonstrated how a proposal meets the Design Objectives (section 1.0 of this Schedule). Buildings and works should be constructed in accordance with the General Design Guidelines (section 2.3 of this Schedule). Where applicable, buildings and works should be constructed in accordance with the Site Specific Guidelines (section 3.0 of this Schedule). 52.06 - CAR PARKING

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Purpose To ensure that car parking is provided in accordance with the State Planning Policy Framework and Local Planning Policy Framework. To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. To support sustainable transport alternatives to the motor car. To promote the efficient use of car parking spaces through the consolidation of car parking facilities. To ensure that car parking does not adversely affect the amenity of the locality. To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use. A permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5. A waiver of eight visitor car parking spaces is sought. 52.34 - BICYCLE FACILITIES Purpose To encourage cycling as a mode of transport. To provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities. Provision of bicycle facilities 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. Twelve spaces are required based on one space for reach five apartments for residents and one space for each ten apartments for visitors. Eight spaces are to be provided on site in the basement and four visitor spaces within the Brown Street site frontage. POLICIES CONSIDERED State Planning Policy Framework The following policy is relevant to the assessment of the proposal and is outlined below and expanded on where considered appropriate. Clause 11.01-2 - Activity centre planning Objective To encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres which provide a variety of land uses and are highly accessible to the community. Clause 2.01-2 - Native vegetation management Objective

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To ensure that permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity. Clause 15.01-1 - Urban design Objective To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. 15.01-2 Urban design principles Objective To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. Strategies Apply the following design principles to development proposals for non-residential development or residential development not covered by Clause 54, Clause 55 or Clause 56: Context  Development must take into account the natural, cultural and strategic context of its location.  Planning authorities should emphasise urban design policies and frameworks for key locations or precincts.  A comprehensive site analysis should be the starting point of the design process and form the basis for consideration of height, scale and massing of new development. The public realm  The public realm, which includes main pedestrian spaces, streets, squares, parks and walkways, should be protected and enhanced. Safety  New development should create urban environments that enhance personal safety and property security and where people feel safe to live, work and move in at any time. Landmarks, views and vistas  Landmarks, views and vistas should be protected and enhanced or, where appropriate, created by new additions to the built environment. Pedestrian spaces  Design of interfaces between buildings and public spaces, including the arrangement of adjoining activities, entrances, windows, and architectural detailing, should enhance the visual and social experience of the user. Heritage  New development should respect, but not simply copy, historic precedents and create a worthy legacy for future generations. Consolidation of sites and empty sites  New development should contribute to the complexity and diversity of the built environment.  Site consolidation should not result in street frontages that are out of keeping with the complexity and rhythm of existing streetscapes.  The development process should be managed so that sites are not in an unattractive, ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 172

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neglected state for excessive periods and the impacts from vacant sites are minimised.

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Light and shade  Enjoyment of the public realm should be enhanced by a desirable balance of sunlight and shade.  This balance should not be compromised by undesirable overshadowing or exposure to the sun. Energy and resource efficiency  All building, subdivision and engineering works should include efficient use of resources and energy efficiency. Architectural quality  New development should achieve high standards in architecture and urban design.  Any rooftop plant, lift over-runs, service entries, communication devices, and other technical attachment should be treated as part of the overall design. Landscape architecture  Recognition should be given to the setting in which buildings are designed and the integrating role of landscape architecture. Clause 16 - Housing Planning should provide for housing diversity, and ensure the efficient provision of supporting infrastructure. New housing should have access to services and be planned for long term sustainability, including walkability to activity centres, public transport, schools and open space. Planning for housing should include providing land for affordable housing. Local Planning Policy Framework Clause 21.04-1 – Housing Objectives and Strategies Objective 1 – New housing To guide new dwellings to preferred locations, including in Activity Centre Zones while continuing to promote appropriate urban consolidation to satisfy housing demand. Strategies to achieve this objective include:  Encourage housing growth to locate close to Activity Centres, Neighbourhood Centres and the Principal Public Transport Network.  Protect residential amenity and provide for the desired future neighbourhood character of residential areas.  Encourage the use and development of surplus land suitable for residential purposes.  Promote the use and development of large residential sites. Objective 2 – Housing types To provide a greater diversity of affordable housing opportunities in appropriate locations, including in Activity Centre Zones to address the needs of those seeking to reside in Banyule. Strategies to achieve this objective include:  Encourage greater diversity of housing; in terms of layout, size, affordability and tenure.  Increase the supply of public housing where there is an identified deficiency.  Encourage a mix of public and private housing within well designed developments ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 174

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across the City.  Support aged care services and housing providers for older persons, close to public transport and local services.  Support student accommodation in appropriate locations close to a major education centre (other than a primary or secondary school), public transport and local services.  Support the supply of crisis and transitional housing and associated services. Objective 3 – Housing affordability To improve housing affordability. Strategies to achieve this objective include:  Support affordable housing, particularly in locations with good access to public transport and services.  Support the provision of affordable housing in the private rental market. Clause 21.04-1.2 - Implementation The Responsible Authority will implement the objectives and strategies for housing by:  Applying appropriate zones and overlays in the Banyule Planning Scheme including: · The Residential Growth Zone for identified residential areas offering good access to services and transport including activities areas. · The General Residential Zone for residential areas that support moderate housing growth that respects the preferred future neighbourhood character of the area. · The Neighbourhood Residential Zone for residential areas where there are limited opportunities for increased residential development due to the valued existing neighbourhood character, heritage, environmental or landscape characteristics. · The Activity Centre Zone in the Greensborough Activity Centre and surrounds. 21.05 – Natural Environment Objective 1 – Flora, fauna & habitat To protect, conserve and enhance areas of floral, faunal and habitat significance. Strategies to achieve this objective include:  Link open spaces.  Discourage land use and development that detrimentally effects Banyule’s environmental or conservation values.  Protect and enhance the amenity of Banyule’s diverse landscape values.  Protect remnant vegetation and natural habitat.  Improve the natural habitat and areas supporting remnant vegetation.  Ensure that land use and development do not encourage plant and animal pests.  Encourage and provide environmental linkages between areas of natural habitat, in accordance with the Natural Environment Framework Map. Objective 2 – Waterways and wetlands To protect and enhance the natural values of waterways and wetlands. Strategies to achieve this objective include:  Rehabilitate natural habitats along waterways.  Provide adequate buffers between development and waterways.  Manage stormwater run-off to protect the quality of receiving water bodies.  Minimise discharges of sediment and litter and protect the quality of surface and ground water.  Manage stormwater and run-off so that flooding is avoided for storms less than the 1 per cent event.  Ensure that riparian vegetated buffers are provided around waterways, wetlands and other environmentally sensitive areas, so that their integrity is protected from nearby ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 175

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land uses and development impacts.  Support a regional approach to the management of waterways and catchments. Clause 21.06 – Built Environment Objectives and Strategies Objective 1 – Safe, attractive and high quality built environment To provide a safe, attractive and high-quality built environment. Strategies to achieve this objective include:  Encourage uniform signage and shop frontage, particularly within strip shopping centres.  Encourage high standards of design for buildings, works, signage and landscaping.  Discourage industrial development that detracts from nearby areas of environmental quality and residential amenity.  Manage the interface between industrial zones and other uses, including providing buffers where appropriate to reduce noise, dust, traffic, odours and nuisance.  Promote an enhanced visual appearance within industrial areas.  Encourage the viability and enhancing the local character of strip shopping centres.  Encourage high quality architecture and urban design.  Encourage development to have active frontages and direct pedestrian access to abutting parklands.  Ensure that off-site stormwater discharges are controlled.  Ensure that off-site waste water discharges are eliminated.  Ensure that flood risk and fire hazard are considered in relation to land use and development. Objective 2 – Character and identity To ensure that development respects and contributes to the desired future character of residential neighbourhoods and the identity of Activity Centres and Neighbourhood Centres, in a manner that supports varying degrees of housing change. Strategies to achieve this objective include:  Work towards undergrounding all telecommunication and electric cables.  Encourage residents to care for street trees in consultation with Council.  Promote high quality design in all new residential development that makes a positive contribution to the desired future neighbourhood character.  Encourage the retention and planting of significant trees, substantial trees and other vegetation to protect and improve the landscape character, streetscapes, habitat links and biodiversity of the area.  Support the removal of environmental weeds with replacement planting that is consistent with the landscape character of the area.  Support residential development in accordance with the Residential Areas Framework which identifies varying degrees of housing change across the City’s residential neighbourhoods, Activity Centres and Neighbourhood Centres.  Encourage the development of larger sites, including former non-residential land which respects the desired future neighbourhood character and contributes to housing diversity. Objective 3 – Sustainable design To encourage a built form that delivers more environmentally sustainable construction. Strategies to achieve this objective include:  Encourage energy and resource efficiency, sustainable transport, pollution reduction, waste management, and improved stormwater quality for building design and site ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 176

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layout, building, infrastructure and landscaping.  Minimise the potential impacts of water, air and noise pollution on Banyule’s environment.  Encourage new housing and improvements to existing housing to be environmentally sustainable by encouraging best practice design construction and operation solutions for energy use, water use, waste disposal and other environmental parameters.  Support the retention of significant trees and the planting of trees and other vegetation.  Encourage environmentally sustainable design principles in new buildings, works and refurbishments.  Encourage tree protection and the planting of trees in locations that help to minimise the urban heat island effect by providing shade and shelter for dwellings and public spaces. Objective 4 – Housing change To increase the diversity of housing types and promote new housing that meets the needs of the broader community in a manner that respects and contributes to the desired future character of residential neighbourhoods and identity of Activity Centres and Neighbourhood Centres. Strategies to achieve this objective include:  Encourage a substantial proportion of new housing to be located within or close to Activity Centres and the Principal Public Transport Network particularly where there is high frequency and quality of public transport services in operation.  Encourage a range of types and sizes of housing, particularly in areas located close to public transport, services and facilities.  Encourage development to provide a wider range of household types particularly smaller sized dwellings, including those with only one bedroom.  Protect existing areas within the Low Density Residential Zone to continue to provide low density housing types.  Encourage design that meets the needs of people with impaired mobility and other special needs, or can be adapted to meet such needs.  Encourage adaptation of existing larger format homes to accommodate multiple households and/or separate dwellings.  Encourage development that is designed to promote social interaction and activity, including adaptable housing to suit particular needs of the local community.  Encourage higher density developments to enable the greening of buildings and spaces by integrating vegetation into the design of facades, rooftops and spaces 21.06-2 Residential Areas Framework The following table provides guidelines to all forms of residential development. The Residential Areas referred to in the table are represented indicatively on the Residential Areas Framework Map. These guidelines are intended to be applied having regard to all relevant circumstances, including location, desired future neighbourhood character, site size and the varying degrees of housing change represented on the indicative map.

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Clause 21.08-2 – Heidelberg Activity Centre Overall Objectives, Strategies Land Use and Economic Development Objective To facilitate and promote the continued vital, viable and economic development of Heidelberg. Built Form Objective To provide new built form that makes a positive contribution to streetscapes and urban form. Strategies  Promote higher density development within the Burgundy Street valley, without compromising views from within the public realm, along and across the valley to the ridgelines.  Encourage development that provides an active frontage at the street level.  Promote environmentally sustainable design.  Establish high quality and distinctive built form outcomes.  Encourage buildings to integrate vegetation within the built form, such as terrace gardens, rooftop gardens and vegetated facades.  Encourage the design of new buildings that are visually sympathetic to nearby parklands.  Ensure that the development of buildings at the interface with residential areas respect the desired future character of the residential area.  Conserve the heritage attributes of places with known heritage value by ensuring that new development is respectful and complementary to the heritage attributes of the area.  Work with land owners to develop master plans for key strategic redevelopment sites identified by the Heidelberg Structure Plan, to encourage redevelopment outcomes that respond appropriately to the attributes of each site and surrounding area.

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Public Realm Objective To create attractive, safe and high amenity street, civic and open spaces that enhance and serve new levels of activity within a vibrant and interesting setting. Strategies  Create an attractive, safe and highly amenable railway station and surrounding streets that enhances and serves new levels of activity within a vibrant and interesting setting.  Protect and enhance the wildlife corridor value of the Yarra River and its adjoining parkland environment. Access and Connections Objective To improve, promote and encourage safe pedestrian access, cycling access and public transport use to and within the activity centre. Strategies  Minimise the adverse impacts of through-traffic on pedestrians, cyclists and public transport.  Provide for high levels of access by walking, cycling and public transport.  Provide vehicle access and connectivity, including convenient access to commercial premises by service and delivery vehicles.  Provide and manage an appropriate provision of car parking.  Ensure that car parking provisions do not adversely impact upon the pedestrian environment.  Encourage regional traffic to travel around the precinct. Identity Objective To ensure that development provides a positive contribution to the preferred identity of Heidelberg. Strategies  Strengthen the identity of the activity centre through the use of building materials, built form, public interfaces, civic spaces and landscaping.  Ensure new development provides active frontages at the street level.  Capitalise on the environmental, artistic and cultural heritage of Heidelberg.  Realise the potential of key intersections to read as gateways. Precinct vision, Objectives and Strategies The following vision, objectives and strategies apply to use and development in precincts as illustrated in Figure 1 to this clause. Precinct 1 Yarra Valley Open Space Vision Precinct 1 acts as Heidelberg’s threshold to the Yarra River and Parklands. As such, it should continue to provide both structured and unstructured leisure and recreation opportunities, a direct link to the regional pedestrian and bike networks of Melbourne, and a place for community events. Pedestrian links across the Yarra River will enhance connections to other local areas and destinations. ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 179

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The precinct will embrace and celebrate the area’s rich cultural heritage, with particular emphasis on the important arts events and traditions that have occurred. Any historic landscape or vegetation aspects should be managed in a way that promotes improved sustainability outcomes. New buildings must be sensitive to the aesthetic and environmental attributes of the precinct. Objective To facilitate land use and development that is mindful of and sensitive to the environmental qualities of the area. Strategies  Provide opportunities for medium density housing that is designed sensitively to its interface with the Yarra River and Parklands environment and floodplain.  Provide structured and unstructured leisure, recreation and social opportunities that respond to community needs.  Discourage future retail and commercial development in this precinct until significant development closer to Burgundy Street and the train station has occurred. Such land uses are secondary to consolidating and improving the residential land in this precinct.  Ensure development is of an appropriate scale and designed to be sensitive to the interface with the Yarra River and Parklands environment and floodplain. Objective To protect and enhance the natural and cultural attributes of this precinct. Strategies  Enhance the environmental quality of stormwater drainage, ensuring the cleanliness of stormwater drainage prior to discharge into the Yarra River.  Protect and enhance the vegetation and wildlife values of the Yarra River corridor.  Capitalise on the environmental, artistic and cultural heritage attributes of the precinct through the design of buildings, spaces and landscaping. Clause 22.03 – Safer Design Policy Policy Objectives  To minimise opportunities for crime, through well designed and well maintained buildings and spaces.  To improve community safety and quality of life.  To enhance community perceptions of safety and reduce fear.  To increase use of public spaces and improve accessibility to public premises.  To discourage graffiti and vandalism.

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Attachment 4: Amended plans 31.08.16

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Attachment 1: Rosanna Village Urban Design and Landscape Guidelines