Banyule City Council Ordinary Agenda 14 November 2016 inc attachments by Banyule City Council

Agenda Monday, 14 November 2016 commencing at 7.45pm

Ordinary Meeting of Council Council Chambers, Ivanhoe Service Centre 275 Upper Heidelberg Road, Ivanhoe

Smoking Ceremony You are invited to join us in a Welcome to Country and Smoking Ceremony at 7.00pm. A Wurundjeri Elder will conduct the Ceremony.

The public forum will then commence at approximately 7.30pm and may be extended to 8pm if necessary

Audio Recording of Council Meetings Please note that all Council Meetings will now be audio recorded, with the exception of matters identified as confidential items on the Agenda. This includes public participation during the meeting. These recordings will be made available on Council’s website www.banyule.vic.gov.au.

Acknowledgement of the Traditional Owner, the Wurundjeri willam people “Our Meeting is being held on the Traditional Land of the Wurundjeri willam people, and on behalf of Banyule City Council, I wish to acknowledge them as the Traditional Owners. I would also like to pay my respects to the Wurundjeri Elders, past and present, and to the Elders of other Aboriginal peoples who may be here today.” Apologies and Leave of Absence Confirmation of Minutes Ordinary Meeting of Council held 19 September 2016 Special Meeting of Council held 17 October 2016 Mayoral Election Meeting of Council held 7 November 2016 Disclosure of Interests 1. Urgent Business REPORTS: 2. Petitions 2.1 Petition in relation to Planning Permit for the Crate Speciality Cafe, 67 Haig Street, Heidelberg Heights (P1163/2013) .......................... 5 3. People – Community Strengthening and Support 3.1 Support for Home & Community Care Clients (HACC) transitioning to the National Disability Insurance Scheme (NDIS) ...................... 9 4. Planet – Environmental Sustainability 4.1 Stormwater Harvesting and Pollution Mitigation in the Darebin Creek Catchment - Update Report ................................................ 13 4.2 Ethical Paper Pledge ..................................................................... 17 4.3 Victorian Government's Climate Change Pledge Program - Take 2...................................................................................................... 21 5. Place – Sustainable Amenity and Built Environment 5.1 Planning Scheme Amendment C106 & Planning Permit Application P1268/14 for vacant lot subdivision (8 new residential lots) - 8 Main Road, Lower Plenty ................................................. 25 5.2 Planning Permit Application - Four storey apartment complex at 56 to 60 Rosanna Road and 43 Brown Street, Heidelberg (P554/2015) ................................................................................... 30 5.3 Hurstbridge Railway Line Improvement Project Update and Rosanna Village Urban Design Guidelines ................................... 45 5.4 Grimshaw Street / Flintoff Street, Greensborough - Intersection improvement funding ..................................................................... 52 5.5 North East Link - Quarterly Update ............................................... 58 5.6 Bell Street Mall - Traders' Parking Permits ................................... 62

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5.7

Operation of Paid Parking in Sherwood Road, Eaglemont, and the parking impact on Studley Road, Ivanhoe..................................... 67 5.8 Proposed Multi-Dwelling Development at 57-59 Bellevue Avenue ROSANNA - (P361/2016) .............................................................. 74 5.9 Banyule Planning Scheme Amendment C110 - Consideration of Panel Recommendations............................................................... 91 5.10 44 Turnham Avenue, Rosanna - Proposed Supermarket VCAT Review Preparation (P1260/15) .................................................... 96 5.11 Air Conditioning - The Centre Ivanhoe ........................................ 105 6. Participation â&#x20AC;&#x201C; Community Involvement in Community Life Nil 7. Performance - Use Our Resources Wisely 7.1 Assembly of Councillors .............................................................. 110 8. Sealing of Documents 8.1 Sealing of Documents - The Melbourne Anglican Trust Corporation & Banyule City Council ............................................ 113 9. Notices of Motion Nil 10. General Business Closure of Meeting

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Petitions

2.1

PETITION IN RELATION TO PLANNING PERMIT FOR THE CRATE SPECIALITY CAFE, 67 HAIG STREET, HEIDELBERG HEIGHTS (P1163/2013)

Author:

Susan Stearn - Development Planner, City Development

EXECUTIVE SUMMARY A petition with 202 signatures has been received from a petition organiser. A petition regarding the Crate Speciality Coffee shop located at 67 Haig Street, Heidelberg Heights with 202 signatures has been received primarily from residents living within the streets surrounding the premises in Heidelberg Heights but also including Heidelberg West, Macleod, Rosanna, Lower Plenty, Preston, Northcote, Coburg North, Yallambie, Bellfield, Mill Park, Greensborough, Maribyrnong, Eaglemont Ivanhoe, North Melbourne, Doreen, Mt Waverley, Yarraville and Laverton. The petition prayer is as follows: â&#x20AC;&#x153;We the undersigned, residents and ratepayers of Banyule City wish to bring to the attention of Council: Banyule City Council has refused to grant an amendment to a planning permit: P1163/2013. The address of the land is 67 Haig Street, Heidelberg Heights. The business name is Crate Specialty Coffee. Request refused includes extending the opening hours on three days, increasing staff members and increasing patron numbers. Impact on Amenity and Environment: Crate Specialty Coffee cafe is providing locals in the Heidelberg Heights area with a welcoming and safe meeting place. Many locals have finally met each other after previously having no environment to do so. We feel that Crate has increased the feeling of safety and community spirit and provides a pleasing place to stop on a walk or a destination to gather. Rather than causing a detrimental impact to the amenity and environment we the undersigned believe that this cafe has improved our quality of life and the cohesiveness of the community. Trading hours - Noise and Disturbances: We believe that the extended hours will not pose a risk of increased noise or disturbance for the neighbouring properties. The extended hours of trading will encourage locals to venture out of an evening to a quiet, indoor space where they can enjoy tapas. As it stands the premises would only have seating available internally and there would be no external lighting or music.

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Petitions

PETITION IN RELATION TO PLANNING PERMIT FOR THE CRATE SPECIALITY CAFE, 67 HAIG STREET, HEIDELBERG HEIGHTS (P1163/2013) cont’d General - Orderly and proper planning of the area: We do not believe that increasing the numbers of staff, seating and hours of the Crate Specialty Coffee business will effect the community in a negative way. In fact we believe that supporting a small business such as Crate is beneficial to the local community beyond measure. The Haig Street development (which the Banyule City Council approved) has brought many more families into the area and allowing Crate Specialty Coffee to expand their business will allow them to provide a vital service to our growing community. As it stands the owners Bea and Tori have been unable to hire extra staff and are working seven days to provide their service to the Heidelberg Heights community which we thank them for. We therefore request Banyule Council to: 1.

To remove the cap on staff members.

Increase the number of patrons (including patrons in the outdoor area during the day) to a maximum of 30.”

RECOMMENDATION That Council: 1.

Receives and notes the petition.

Considers the concerns raised in the petition be considered as part of the assessment of any future planning application amendment lodged (P1163/2013)

Advise the lead petitioner of Council’s decision.

DISCUSSION The original permit which was received by Council on the 28 November 2013 allowed for the development of three dwellings, change of use to a food and drink premises (Coffee shop) and reduction in the standard car parking requirements. The permit was issued on the 14 May 2014. The use for the Coffee shop was restricted by the following conditions: -

Hours of operation, Monday to Sunday: 7.00am – 5.00pm; Total number of staff at one time to not exceed two; The total number of patrons at any one time (including outdoor seating area) to not exceed 15.

Plans were endorsed on 27 May 2014. The premises was endorsed as operating as the coffee shop “Crate”. The endorsed plans showed a number of 2 seater tables (3 in total) and three bench seats adjacent to the front window with a couple of tables and chairs on the footpath. An amendment was lodged on the 31 March 2016. The application sought the following changes to the original permit:

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Petitions

PETITION IN RELATION TO PLANNING PERMIT FOR THE CRATE SPECIALITY CAFE, 67 HAIG STREET, HEIDELBERG HEIGHTS (P1163/2013) contâ&#x20AC;&#x2122;d -

Extending hours on Thursday, Friday and Saturday until 9.00pm; Increasing total staff to four; Increasing the patron numbers at any one time (including outdoor seating area) to 30.

The application was not supported and a refusal was issued on the 22 August 2016. The grounds for refusal principally related to concerns about the potential adverse impacts in terms of noise and disturbances from the increased hours and increased patron numbers on adjoining residential properties. A meeting has been undertaken with the applicants following the determination of the amendment application which discussed opportunities for consideration of an alternative outcome under a fresh amendment application. No new applications have been received at the time of this report. ATTACHMENTS

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People – Community Strengthening and Support

3.1

SUPPORT FOR HOME & COMMUNITY CARE CLIENTS (HACC) TRANSITIONING TO THE NATIONAL DISABILITY INSURANCE SCHEME (NDIS)

Author: John Minchinton - Co-ordinator Home Support Services (HACC), Community Programs

EXECUTIVE SUMMARY The National Disability Insurance Scheme (NDIS) commenced in Banyule on 1 July 2016 with a proposed 1 year full rollout timeframe. At its Ordinary Meeting of the 9 May 2016, Council resolved to not register as a NDIS service provider. The process for employment of the Transition Officer to assist current Home and Community Care (HACC) clients who are moving to the NDIS was undertaken. Initially it was anticipated that the Transition Officer position would be required for six (6) to twelve (12) months and an officer was engaged from 1 July 2016 to 30 December 2016. Since the commencement of the scheme in Banyule, a number of complex issues have arisen and there have been changes to the scheme’s intake processes. The arrangements for HACC clients transitioning to the scheme has also changed due to existing funding agreements with the Department of Health and Human Services (DHHS). With the full roll out of the scheme in Banyule now delayed until 30 September 2017 and clients are requiring more support, it has been identified that the Transition Officer position will be required until 30 June 2017, which is an extension of a further (6) month period. DHHS has provided Council with a $35,000 grant to assist Council with transitioning clients. RECOMMENDATION That Council continue to assist the transition of current Home and Community Care (HACC) clients that will be eligible for the National Disability Insurance Scheme (NDIS) through the support of a dedicated Transition Officer until 30 June 2017.

CITY PLAN This report is in line with Council’s City Plan key direction to “promote and support health and wellbeing”.

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People – Community Strengthening and Support

SUPPORT FOR HOME & COMMUNITY CARE CLIENTS (HACC) TRANSITIONING TO THE NATIONAL DISABILITY INSURANCE SCHEME (NDIS) cont’d BACKGROUND The landscape of disability services in Australia is changing due to the introduction of the National Disability Insurance Scheme (NDIS) and associated disability reforms. Through the implementation of the NDIS, existing funding arrangements and service provision are undergoing significant changes. This includes a direct impact on services currently provided by Council Home and Community Care (HACC) service. The NDIS rollout for the North East Melbourne Area (NEMA) which includes Banyule, commenced 1 July 2016 with an anticipated full implementation within the area within the first year. On 9 May Council resolved: 1.

Not register as a National Disability Insurance Scheme service provider.

Assist the transition of current Home and Community Care clients that will be eligible for the National Disability Insurance Scheme through the support of a dedicated transition officer.

Strongly advocate to both the Department of Health and Human Services and the National Disability Insurance Agency for continued funding to support an extended transition period beyond December 2016 for current Jets Creative Arts clients until appropriate choices are available for Jets clients to receive similar services under the National Disability Insurance Scheme.

Continue to expand its core role to reduce barriers, advocate for and increase the inclusion of people with a disability in community life, including through; advocating to Department of Health and Human Services (DHHS) and the National Disability Insurance Agency (NDIA) for the continuation of the MetroAccess program and furthering Council’s partnership with the Brotherhood of St Laurence in the delivery of Local Area Coordination services within the National Disability Insurance Scheme.

This decision meant that approximately 160 Home and Community Care (HACC) clients would no longer be able to continue to receive their current Council Services once they become a participant of the NDIS. The key concerns with this decision raised by HACC clients and their families related to the relationship the individual clients have with the Council staff members. Many clients have received support from the same staff members for many years and were anxious about losing this relationship. Additionally, people expressed some concern and anxiety about knowing who they could access services from under the NDIS and the preparation processes involved. Given these concerns and Council’s desire to support a seamless transition for current clients, a dedicated Transition Officer was engaged by Council to work with individuals to assist them to address their concerns and support their transition to the NDIS for a six (6) month period.

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People – Community Strengthening and Support

SUPPORT FOR HOME & COMMUNITY CARE CLIENTS (HACC) TRANSITIONING TO THE NATIONAL DISABILITY INSURANCE SCHEME (NDIS) cont’d HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not conflict with any human rights issues but supports the principles contained in the Charter by seeking to further Council’s support of people with a disability. CURRENT SITUATION While the NDIS scheme officially commenced on 1 July 2016, there has been a number unexpected challenges and the participant phasing schedule is currently behind the initial proposed timelines. Council’s Transition Officer has been effectively working with HACC clients who will be transitioning to the NDIS to support them and assist with their transition process. This role has proven to be highly valued with positive feedback and appreciation from clients and their families. Since the commencement of the scheme in Banyule, a number of complex issues have arisen and there have been changes to the schemes intake processes. The arrangements for HACC clients transitioning to the scheme has also changed due to existing funding agreements with the Department of Health and Human Services (DHHS). With the increased complexity of the transition process and the extended phasing timelines it has become apparent that the Transition Officer position is required until 30 June 2017 to ensure that clients are provided with the necessary support. FUNDING IMPLICATIONS The Department of Health and Human Services has provided Council with a $35,000 grant to assist Council with transitioning clients. This grant, along with current budget allocations within the HACC budget and changes to existing staffing arrangements, enables Council to continue to fund the Transition Officer position until 30 June 2017. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

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People – Community Strengthening and Support

SUPPORT FOR HOME & COMMUNITY CARE CLIENTS (HACC) TRANSITIONING TO THE NATIONAL DISABILITY INSURANCE SCHEME (NDIS) cont’d CONCLUSION The National Disability Insurance Scheme is currently being rolled out in Banyule. There have been delays in the transition phasing schedule and increased complexity associated with the processes involved. Council’s Transition Officer has been highly valued to date and will now be required until 30 June 2017 to ensure clients are adequately supported and have a seamless transition process. ATTACHMENTS Nil

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Planet – Environmental Sustainability

4.1

STORMWATER HARVESTING AND POLLUTION MITIGATION IN THE DAREBIN CREEK CATCHMENT - UPDATE REPORT

Author: John Milkins - Environmental Sustainability Co-ordinator, City Development

EXECUTIVE SUMMARY This Report notes responses to Council’s Resolution C2016/181 seeking support for stormwater harvesting and pollution mitigation along the Darebin Creek from local Federal and State Members of Parliament and all candidates for the Federal Seats of JagaJaga and Batman. Advocacy has also occurred in Latrobe National Employment Cluster planning, and opportunities have been identified in Council Masterplans. RECOMMENDATION That Council note the responses received under Resolution C2016/181 and continue to work with stakeholders to improve environmental outcomes in the Darebin Creek catchment and consider opportunities for stormwater harvesting.

CITY PLAN This report is in line with Council’s City Plan key direction to “conserve water and improve stormwater quality and impact”. BACKGROUND At the Council meeting of 30 May 2016, it was resolved under Resolution CO2016/181 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 Council’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;

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Planet – Environmental Sustainability

STORMWATER HARVESTING AND POLLUTION MITIGATION IN THE DAREBIN CREEK CATCHMENT - UPDATE REPORT cont’d 5.

Advocates by writing to: (a)

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

(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)

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, Chelsworth 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.”

The purpose of this Report is to update Council on progress in ensuring that stormwater harvesting and pollution mitigation opportunities are incorporated in relevant Council Masterplans, and in the Metropolitan Planning Authority’s integrated water management planning for the La Trobe National Employment Cluster. In addition, this Report notes responses received to Council’s advocacy communications to local stakeholders including State and Federal Ministers and MPs, candidates in the Federal Election and La Trobe University, the City of Darebin and Melbourne Water. LEGAL CONSIDERATION Council and other stakeholder activities on this matter are governed by legislation including but not limited to the Local Government Act 1989, Water Act 1989, Planning and Environment Act 1987, Environmental Protection Act 1970, Flora and Fauna Guarantee Act 1986 and Aboriginal Heritage Act 2006. HUMAN RIGHTS CHARTER It is considered that the subject matter does not raise any human rights issues.

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Planet – Environmental Sustainability

STORMWATER HARVESTING AND POLLUTION MITIGATION IN THE DAREBIN CREEK CATCHMENT - UPDATE REPORT cont’d DISCUSSION Following the Council Resolution above, it was confirmed that stormwater harvesting opportunities and pollution reduction initiatives were included in Council’s draft or completed Olympic Park and Darebin Creek Master Plans and consultation processes. It is also confirmed that Council advocated for the inclusion of identified stormwater quality improvements, and for harvesting opportunities along the Darebin creek in the Metropolitan Planning Authority’s La Trobe National Employment Cluster planning. Several opportunities for significant improvements have been incorporated into the MPA’s draft document for integrated water management in the catchment. Together, it is considered that the actions meet the Resolution items 1 – 4. With regard to Item 5 in the Resolution, letters or emails were sent to all parties listed. Responses were received from Darebin City Council, LaTrobe University, the Hon Bruce Atkinson MLC, Andrew Giles MP, Joel Murray - Australian Sex Party, and Caitlin Evans - Animal Justice Party (Attachments 1-6). OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION Stormwater harvesting and pollution mitigation opportunities in the Darebin Creek catchment have been well integrated into Council’s local Master Plans, and advocacy and engagement with other stakeholders is continuing to raise this important issue for better environmental outcomes. ATTACHMENTS No.

Title

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

120

4 5

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Page

Page 15

121 122

Planet – Environmental Sustainability

STORMWATER HARVESTING AND POLLUTION MITIGATION IN THE DAREBIN CREEK CATCHMENT - UPDATE REPORT cont’d 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

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126

Planet – Environmental Sustainability

4.2

ETHICAL PAPER PLEDGE

Author: John Milkins - Environmental Sustainability Co-ordinator, City Development

EXECUTIVE SUMMARY This Report provides a summary of sustainable paper use in Banyule City Council’s administration operations in accordance with Council’s Procurement Policy, and discusses the Wilderness Society of Victoria’s Ethical Paper Pledge. Advice has been received from the Banyule Environment Advisory Committee (BEAC) which assessed presentations from local Wilderness Society members and a submission from a local resident. Council’s current paper use meets the provisions of its own Sustainable Procurement Policy and that of the Ethical Paper Pledge. In signing the Ethical Paper Pledge Council confirms to the community its own sustainable paper use trial that, from January 2015, resulted in paper procurement consistent with the Pledge RECOMMENDATION That Council signs the Ethical Paper Pledge, and notes its commitment to sustainable paper use on its website, in the Banner and in Greenwrap.

CITY PLAN This report is in line with Council’s City Plan key direction to “act as environmental stewards”. BACKGROUND At the Council Meeting of 4 April 2016 it was resolved that: “…a report be presented to Council regarding the use of ethical office paper in its operations and any implications of signing the Wilderness Society of Victoria’s Ethical Paper pledge. Such a report is to include advice from Council’s Environment Advisory Committee.” This Report addresses the Resolution by summarising Council’s existing paper use with respect to: 1.

The Ethical Paper Pledge, and

Adherence to the Banyule Procurement Policy and Environmental Purchasing Guidelines.

LEGAL CONSIDERATION It is considered that the subject matter does not raise any human rights issues.

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Planet – Environmental Sustainability

ETHICAL PAPER PLEDGE cont’d POLICY IMPLICATIONS This recommendation of this Report is in accord with Council’s Procurement Policy. CONSULTATION In accordance with the resolution of Council, the Banyule Environment Advisory Committee was consulted, and at its May 2016 meeting, made the following recommendation to Council: BEAC Recommendation BEAC recommended that Council sign the Ethical Paper Pledge, noting that Council’s paper usage is already in accord with the pledge. DISCUSSION Existing Council Paper Use In December 2012, a trial of the use of environmentally sustainable paper stock across Banyule City Council offices commenced. The trial required liaison between the Environmental Sustainability team, IT, Information and Records, Communications, the internal “Enviro Reps” volunteers and technical staff from office equipment suppliers. The trial was initiated to give effect to Council’s Sustainable Procurement Policy and the Planet section of Council’s City Plan. This Planet section contains the following Key Directions which give support to the use of sustainable paper: 2.1 2.4 2.5

Protect and enhance our natural environment. Avoid waste generation. Act as environmental stewards.

Between December 2012 and January 2015 a range of sustainable paper stocks were trialled in small and high volume printers and photocopiers across the organisation. Potential or perceived operational issues considered included:   

paper jams; stock colour; stock pricing and availability;

and environmental considerations included:    

the carbon footprint of paper stocks; percentage of recycled content (post/pre consumer waste); source of virgin material (Victorian native forest, plantation timber); Forest industry certification status.

The trial resulted in a change in Council paper procurement to a 100% recycled paper stock with a carbon neutral footprint in plain A4 and A3 papers, and a 100% recycled colour paper stock.

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Planet – Environmental Sustainability

ETHICAL PAPER PLEDGE cont’d Ethical Paper Pledge The Wilderness Society of Victoria encourages individuals and organisations to sign an online pledge to “not purchase Reflex paper until its producer, Australian Paper, stops sourcing from native forests.” Currently, 2147 organisations are listed as signing the pledge (source: http://ethicalpaper.com.au/ accessed 2 September 2016). This includes small and large business in sectors such as superannuation, real estate, travel, food, and many others, including local Banyule businesses. Councils such as City of Yarra, Moreland, Hobson’s Bay and Frankston have also signed the pledge, which is displayed alongside others on the Ethical Paper website. Following the Council Resolution of April 11, 2016, the Banyule Environment Advisory Committee received a presentation and submission on the matter of Ethical Paper. The information presented to BEAC meeting included: 

A presentation from local members of the Wilderness Society;



A submission to BEAC from a local resident entitled “Ethical Paper – A Counter view”;



Advice about the outcome of Council’s own sustainable paper use trial that, from January 2015, resulted in paper procurement consistent with the Ethical Paper Pledge.

Other Sustainable Paper Measures Calendar year

Total Printed Pages

Value Saved ($)

Print Jobs

2012 2013 2014 2015

2639 5,108 3,857 3,525

$143.20 $251.93 $163.29 $162.05

978 2,185 1,097 1,109

10.0 20.2 14.7 14.5

kg kg kg kg

631 1,275 923 911

2016

11,662

$550.78

2,316

35.6 kg

2,242

Totals

CO2 Saved

26,791 $1,271.25 7685 95 kg Figure 1 – “Follow me” print system savings

Equivalent Bulb Hours Saved

5,982

In addition to the sustainable paper use trial, in 2012 a new system of “follow me” printing was introduced which allow users to print from any printer, but only once a swipe card has been used. This avoids instant printing, and the potential of print jobs not being collected. It also lowers energy use and lengthens bulb life. Figure 1 above provides a summary of the results of this “follow me” print system. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

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Planet – Environmental Sustainability

ETHICAL PAPER PLEDGE cont’d Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION Council has progressively reviewed is procurement of office paper to ensure it meets City Plan Key Directions, as well as Council’s Procurement Policy and Environmental Purchasing Guidelines. It is for these reasons that it is recommended that the Ethical Paper Pledge be signed by Council. ATTACHMENTS Nil

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Planet – Environmental Sustainability

4.3

VICTORIAN GOVERNMENT'S CLIMATE CHANGE PLEDGE PROGRAM - TAKE 2

Author:

Robert Powell - Energy Efficiency Officer, City Development

EXECUTIVE SUMMARY The Victorian Government has devised a climate change program, TAKE2, to help Victoria reach net zero greenhouse gas emissions by 2050. Its aim is to enable all Victorians, businesses, local councils, community, educational organisations and individuals to be part of Victoria’s action on climate change, and contribute to the first Victorian state-wide interim emissions reduction target for 2020. The Victorian Government is seeking the endorsement of local government through the signing of the TAKE 2 Pledge online at https://www.take2.vic.gov.au/. The TAKE 2 Pledge is consistent with Council’s City Plan objectives and related policies. Signing the TAKE2 pledge reinforces the leadership role that Council has already demonstrated in adopting its Energy Plan target to achieve carbon neutrality by 2020 RECOMMENDATION That Council signs the Victorian Government’s TAKE2 Pledge and that this be noted in the Banner, Greenwrap and on Council’s website.

CITY PLAN This report is in line with Council’s City Plan key direction to “deliver appropriate action on climate change”. It does not require a policy change and the intent of the Take2 Pledge can be met through the ongoing implementation of Council’s 2013 Energy Plan. BACKGROUND Council’s City Plan 2013-2017 (Year 4) states that Council’s key direction is to: ‘Implement priority actions from the energy plan as part of Council’s ongoing focus of reducing and minimising energy use, and to achieve our target of carbon neutrality by 2019/20’ Excerpts from Council’s Planet Policy and Strategy 2013-2017 (p16), outline the science of climate change and confirm Council’s commitment to take action:

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Planet – Environmental Sustainability

VICTORIAN GOVERNMENT'S CLIMATE CHANGE PLEDGE PROGRAM - TAKE 2 cont’d Climate Change The international scientific consensus is that the increasing concentration of greenhouse gases in the atmosphere is causing rapid climate change (IPCC 2007, Summary for Policymakers). Greenhouse gas emissions are primarily from human activity, particularly from energy generation, transport and agriculture. Climate change is the foremost environmental issue facing the world because of its wide-ranging impacts. Understanding and responding to climate change is of vital importance to Council as it will have a range of serious impacts on people, the natural environment, local amenity, the built environment and the economy. The TAKE2 pledge program discussed below is consistent with Banyule’s policy documents and no changes to Banyule policy is required. LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report. HUMAN RIGHTS CHARTER It is considered that the subject matter does not raise any human rights issues. DISCUSSION The Victorian Government has committed to making Victoria a leader in climate change action and to legislate a long-term target for Victoria of net zero emissions by 2050. The Victorian Government, through Sustainability Victoria, has developed a program called TAKE2, whereby Victorians in all sectors, business, local councils, community, educational institutions and individuals pledge to take collective voluntary action on climate change to help Victoria reach net zero greenhouse gas emissions by 2050. Net zero emissions by 2050 is consistent with the climate science to containing temperature rise to below 2 degrees (https://www.take2.vic.gov.au/). The TAKE2 program also aims to showcase leadership on climate action. The program is voluntary and participants can withdraw at any time should they choose to do so. Why Pledge? The effects of climate change in Victoria ranges from devastating bushfires, heatwaves, severe storms, floods and coastal erosion, which is expected to increase with sea level rise. By supporting and signing up to TAKE2, Council will commit to be part of world-wide action to keep the temperature rise to below 2 degrees and will send a strong message to community and staff that Council and many other Victorians are working together to make a difference. Signing the TAKE2 pledge reinforces the leadership role that Council has already demonstrated in adopting its Energy Plan target to achieve carbon neutrality by 2020.

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Planet – Environmental Sustainability

VICTORIAN GOVERNMENT'S CLIMATE CHANGE PLEDGE PROGRAM - TAKE 2 cont’d OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. SUMMARY The signing of the Victorian Government’s TAKE-2 Pledge is in accord with Banyule’s City Plan and Policy documents and would further demonstrate Council’s commitment to climate change mitigation. ATTACHMENTS Nil

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Place – Sustainable Amenity and Built Environment

5.1

PLANNING SCHEME AMENDMENT C106 & PLANNING PERMIT APPLICATION P1268/14 FOR VACANT LOT SUBDIVISION (8 NEW RESIDENTIAL LOTS) - 8 MAIN ROAD, LOWER PLENTY

Author:

Andrea Meagher - Strategic Planner, City Development

EXECUTIVE SUMMARY The purpose of Amendment C106 is to rezone part of the Heidelberg Golf Course for residential use. The rezoning from Special Use Zone – Schedule 1 (SUZ1) to Neighbourhood Residential Zone – Schedule 3 (NRZ3) is being coupled with an eight lot land subdivision so a development outcome can be achieved. The proposal will be considered under Section 96A of the Planning and Environment Act 1987 (the Act) and the purpose of this report is for Council approval to seek authorisation from the Minister for Planning to prepare and exhibit the amendment. A draft planning permit has been prepared as required for public exhibition. The draft permit considers implications for vegetation protection and removal, habitat implications, constructing servicing infrastructure, sensitive siting of building envelopes and appropriate subdivision design. Following public exhibition of the proposed rezoning and draft planning permit, future consideration of submissions will inform a further report to Council. RECOMMENDATION That Council: 1.

Supports the preparation and exhibition of Amendment C106 to the Banyule Planning Scheme, to rezone the subject land from Special Use Zone – Schedule 1 (SUZ1) tdo Neighbourhood Residential Zone –Schedule 3 (NRZ3) and allow the subdivision of the land into eight lots.

Supports Proposed Planning Permit No. P14/1268 to subdivide the subject land into 9 lots.

Requests the Minister for Planning Authorise the preparation and exhibition of Amendment C106.

CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”.

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Place – Sustainable Amenity and Built Environment

PLANNING SCHEME AMENDMENT C106 & PLANNING PERMIT APPLICATION P1268/14 FOR VACANT LOT SUBDIVISION (8 NEW RESIDENTIAL LOTS) - 8 MAIN ROAD, LOWER PLENTY cont’d BACKGROUND The site is currently zoned Special Use Zone 1 (SUZ1), for the specific purpose of a private golf course. The Heidelberg Golf Club have made the request to re-zone part of its landholdings out of necessity to ensure the long term viability of the Club. Rezoning is needed to support land subdivision for residential dwellings. Including a proposed subdivision with the rezoning is an effective way to inform future construction of dwellings following creation of the new titles. PROPOSAL The portion of land is located at 8 Main Road, Lower Plenty and currently forms part of the Heidelberg Golf Course. It is a 7475sqm area of land that includes part of the existing access road and practise fairway adjacent to the 5 th hole. (see below aerial photo of the subject site)

The Amendment proposes to change the Banyule Planning Scheme by:  

Rezoning the land from Special Use Zone 1 to Neighbourhood Residential Zone – Schedule 3; Applying a Development Plan Overlay (DPO5) to the land]; and

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Place – Sustainable Amenity and Built Environment

PLANNING SCHEME AMENDMENT C106 & PLANNING PERMIT APPLICATION P1268/14 FOR VACANT LOT SUBDIVISION (8 NEW RESIDENTIAL LOTS) - 8 MAIN ROAD, LOWER PLENTY cont’d 

Retain the existing Environmental Significance Overlay – Schedule 4 & Significant Landscape Overlay – Schedule 1.

The planning permit application seeks approval for:   

The subdivision of the land into 9 lots of which Lots 1-8 will range from 702sqm to 904sqm in area and Lot 9 containing the balance of the land currently occupied by the Heidelberg Gold Course; Creation of common property access from Main Road to the proposed new residential allotments and to the existing Heidelberg Golf Course; and Associated tree removal.

The proposed new lots will all front onto the existing accessway off Main Road. Each lot will vary in size between 702 and 904 sqm and include a two storey building envelope of between 265sqm and 490sqm as well as a driveway envelope. The lot sizes and proposed building envelopes are as follows: Lot No.

Lot Area (sqm)

Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8

904 702 704 704 704 704 704 844

Building Envelope Area (sqm) 490 376 349 335 265 344 358 466

Max. Lot coverage 54% 53% 49% 47% 37% 48% 50% 55%

Attachments give: 1. 2. 3.

Draft Amendment documents. Proposed Lot Layout and Building Envelopes. Proposed Planning Permit P1268/14 for subdivision.

LEGAL CONSIDERATION Authorisation is sought to prepare and exhibit Planning Scheme Amendment C106 to the Banyule Planning Scheme. A rezoning of the land is required in order to facilitate the proposed subdivision and future residential land use because a residential subdivision is not consistent with the intent of the public land reservation or purpose. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues.

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Place – Sustainable Amenity and Built Environment

PLANNING SCHEME AMENDMENT C106 & PLANNING PERMIT APPLICATION P1268/14 FOR VACANT LOT SUBDIVISION (8 NEW RESIDENTIAL LOTS) - 8 MAIN ROAD, LOWER PLENTY cont’d CONSULTATION Exhibition of Planning Scheme Amendment C106 will start in late January 2017 or early February 2017 following authorisation and involve the following measures:       

Letters to surrounding landowners and occupiers. Letters to prescribed Ministers. Letters to relevant services authorities. Advertising in local Leader Newspapers and the Government Gazette. Information on Council website. Opportunities for meetings with interested parties. Updates in the Banyule Banner.

TECHNICAL ASSESSMENT The key considerations in relation to the proposed subdivision relate to the future of the golf course land, native vegetation removal, neighbourhood character, access to the proposed lots, waste collection, referral authorities and future connection to services. The following comments are made in relation to this:    



A Development Plan Overlay and Concept Plan has been drafted noting that the balance of the site would be ‘subject to a future master plan or similar for any future proposals that required the rezoning of the land’; Removal of native vegetation from the site will be addressed through the strategic location of building envelopes on the plan of subdivision, the provision of a Tree Protection Plan and Vegetation Offsets. Issues relating to neighbourhood character will be managed through the implementation of building and driveway envelopes. The plan of subdivision will be sent to the servicing authorities. Draft conditions have been included in the draft planning permit and the authorities will have an opportunity to make a submission in relation to these conditions at the exhibition stage. Access to the site will be via a private road shared with the Heidelberg Golf Course. Conditions requiring lighting, shared paths and private waste collection have been included in the draft permit.

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION The proposed rezoning and subdivision for 9 lots (including 8 new residential lots) has strategic support at State and Local policy level.

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Place – Sustainable Amenity and Built Environment

PLANNING SCHEME AMENDMENT C106 & PLANNING PERMIT APPLICATION P1268/14 FOR VACANT LOT SUBDIVISION (8 NEW RESIDENTIAL LOTS) - 8 MAIN ROAD, LOWER PLENTY cont’d The proposed subdivision has been designed to blend into the landscape, protect the site’s environmental assets and respond to the established pattern and neighbourhood character at the site’s frontages. ATTACHMENTS No.

Title

1 2 3 4

P1268/14 - Proposed Lots Layout & Building Envelopes C106 - Proposed Development Plan Overlay - Schedule 5 C106 & P1268/14 - Explanatory Report C106 - Proposed DPO Concept Plan

129 130 132 140

Proposed Planning Permit P1268/14

141

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5.2

PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015)

Author:

Nick Helliwell - Major Developments Planner, City Development

Ward:

Griffin

EXECUTIVE SUMMARY The proposal is for the construction of a multi-dwelling development (apartment complex), construction of buildings and works, native vegetation removal and reduction in on-site visitor car parking at 56 – 60 Rosanna Road and 43 Brown Street, Heidelberg. It incorporates an appropriate level of compliance with State and Local planning policies and with ResCode. There is a variation to the Design and Development Overlay – Schedule 5 which has a preferred building height of 10 metres whilst the Residential Growth – Schedule 1 land use zone allows a building height up to 14.5 metres on a sloping site. Approval is recommended although conditions are required to provide additional landscaping space and reduce the top floor level building bulk. RECOMMENDATION That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P554/2015 for construction of a multi-dwelling development (apartment complex), construction of buildings and works, native vegetation removal and reduction in on-site visitor car parking at 56 – 60 Rosanna Road and 43 Brown Street, Heidelberg, subject to the following conditions: Plans 1.

Before the development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans prepared by JAM Architects and as amended by Drawing No’s TP07 to TP28 dated 31/08/2016 but further modified to show: (a)

Deletion of one bedroom from apartments G.01, 1.02, 2.02 on each level of the north-western corner of the building and part of the balcony of apartment 3.01 to create a7m x 7m canopy tree planting area;

(b)

The northern elevation of the western building (beyond the 7m x 7m planting area) set a minimum of 3.5 metres in from Brown Street at ground, first and second floor levels with the northern elevation of the third floor level set 7.6 metres in from Brown Street with the third floor level balcony permitted to extend up to 1.6 metres into this setback;

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Place – Sustainable Amenity and Built Environment

PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d (c)

The northern elevation of the fourth floor level of the eastern building set 7.6 metres in from Brown Street with the third floor level balcony permitted to extend up to 1.6 metres into this setback;

(d)

The precise line of Section HH of Drawing No. TP18 to demonstrate compliance with Standard B20 – North facing windows of Clause 55.04-4 of the Banyule Planning Scheme;

(e)

A minimum of 20% of apartments designed to be compliant with Council’s Liveable Housing Design Guidelines;

(f)

Storage for all apartments in accordance with Standard B30 – Storage of Clause 55.05-6 of the Banyule Planning Scheme;

(g)

Mailbox location and design in accordance with Standard B34 – Site services of Clause 55.06-4 of the Banyule Planning Scheme;

(h)

Landscaping as required by Condition 2 of this permit;

(i)

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

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

(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; (j)

The Tree Preservation Fencing in accordance with Condition 11 of this permit;

(k)

A schedule of external building materials and colours, including details of cladding and roofing materials; the schedule should be presented on a separate sheet and must include colour samples;

(l)

The provision of a rainwater storage tank for the development including its location, sizing and a notation of the connections and end use;

(m)

All sustainable design features indicated in the submitted Sustainable Design Management Plan prepared by ARC Enviroconcepts dated June 2015. Where sustainable design features outlined in the Sustainable Design Management Plan cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for heating/cooling systems and plumbing fittings and fixtures, etc);

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Place – Sustainable Amenity and Built Environment

PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d

(n)

Detailed scale drawings of the boundary fencing to Rosanna Road and Brown Street demonstrating materials, colour scheme and a variable height of between 1.45 and 1.75 metres to provide a balance of privacy and reduction in road noise to apartments on Levels 1 and 2 whilst also providing an element of visual permeability to provide views of landscaping;

(o)

Eight bicycle parking spaces in the basement for residents and four visitor spaces within the Brown Street site frontage for visitors in accordance with Clause 52.34 – Bicycle Facilities of the Banyule Planning Scheme;

(p)

One basement car parking space allocated to visitor car parking.

The development permitted by this permit must not be commenced until a satisfactory detailed landscaping plan is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include: (a)

Details of planting throughout the site;

(b)

The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout the site;

(c)

Planting adjacent to driveways and within landscaping zones to consist of varying heights and species;

(d)

Provision of replacement planting for vegetation that is to be removed including a large canopy tree (mature height of at least 12m) planted at a semi-advanced state (minimum pot size 40 litre) in the north-western corner of the site;

(e)

An indigenous and/or drought tolerant planting theme;

(f)

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;

(g)

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

(h)

Location, details and cross section drawings of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Design Management Plan and STORM report, with reference to connection details on the engineering plans

General 3.

The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.

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Place – Sustainable Amenity and Built Environment

PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d 4.

Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be commenced until the tree protection measures required by Condition 11 are installed to the satisfaction of the Responsible Authority.

Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be occupied until the development has been completed to the satisfaction of the Responsible Authority in accordance with the permit and endorsed plans (including, but not limited to built form and layout, parking, landscaping, drainage, street numbering, replacement of street trees).

Urban Design / External Appearance 6.

The walls of the development on the boundary of adjoining properties must be cleaned and finished in a manner to the satisfaction of the Responsible Authority.

Car Parking / Access 7.

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 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.

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

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 Council’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.

Tree Protection / Landscaping 10.

Except with the further written consent of the Responsible Authority, no vegetation (other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.

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Place – Sustainable Amenity and Built Environment

PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d 11.

Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works (including demolition) on the site Tree Preservation Zones must be established around Tree 59 of the arborist report prepared by Landscape By Design dated 24 April 2016. You must contact Council’s Development Planning Arborist on 9457 9878 once the Tree Preservation Fencing is erected so that an inspection of the fencing can be carried out. Once installed and inspected the Tree Preservation Zones must be maintained to the satisfaction of the Responsible Authority, and meet the following requirements: (a)

Extent Tree Preservation Zones are to be provided to the extent of the calculated Tree Protection Zone (TPZ) where it occurs within the subject property of all trees indicated as being retained on the endorsed plan. The fencing can be realigned and suitable ground protection provided to allow the approved construction therein only to the satisfaction of the project arborist and only when approved by the Responsible Authority.

(b)

(c)

Management of works (i)

A suitably qualified arborist must supervise or undertake all approved activity within the calculated TPZ of a retained tree. Any root severance within the TPZ must be undertaken to their satisfaction using a clean sharp and sterilised pruning saw. There must be no root pruning within the SRZ unless consent is received in writing by the Responsible Authority, and there must be no root pruning within the TPZ for works other than those endorsed by the Responsible Authority.

(ii)

All and any excavations within the TPZ of retained trees must be undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees, and must only be undertaken by, or directed and supervised by, a suitably qualified arborist for endorsed works or for works subsequently approved by the Responsible Authority.

Weed control Any weeds located within the Tree Preservation Zone are to be removed and the area mulched with 100mm of composted coarse grade woodchips.

(d)

Fencing (i)

Protective fencing must consist of chain wire mesh panels held in place with concrete feet. Fencing must comply with Australian Standard AS 4687-2007 Temporary fencing and hoardings.

(ii)

The fences must not be removed or relocated without the prior consent of the Responsible Authority.

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Place – Sustainable Amenity and Built Environment

PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d (e)

Signage Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from the City of Banyule”.

(f)

Irrigation The area must be irrigated during the summer months with 1 litre of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a weekly basis.

(g)

Access to Tree Preservation Zone (i)

(ii)

(iii) (iv)

No persons, vehicles or machinery are to enter the Vegetation Protection Zone except with the consent of the Responsible Authority; No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and re-fuelling of equipment and vehicles must be carried out away from the root zones; No storage of material, equipment or temporary building is to take place within the Vegetation Preservation Zone; Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

NOTE: Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:  Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;  All root excavation be carried out by hand digging or with the use of ‘Air-Excavation’ techniques;  Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist. Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s. 12.

Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas shown on the endorsed plans must be used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

Waste Management 13.

Concurrent with the endorsement of plans, a Waste Management Plan must be submitted to and approved by the Responsible Authority. The Waste Management Plan must include:

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Place â&#x20AC;&#x201C; Sustainable Amenity and Built Environment

PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) contâ&#x20AC;&#x2122;d (a) (b) (c)

Dimensions of waste areas. The number of bins to be provided and capacity. Details on method and frequency of cleaning and maintenance of waste areas. Details of ventilation. Details of unwanted goods storage. Method of waste and recyclables collection including the need to provide for private services. Hours of waste and recyclables collection. Measures to minimise impact upon local amenity. Method of presentation of bins for waste collection. Strategies for how the generation of waste and recyclables from the development will be minimised.

(d) (e) (f) (g) (h) (i) (j)

When approved, the plan will be endorsed and will then form part of the permit and must be complied with at all times. Waste collection from the development must be in accordance with the plan, to the satisfaction of the Responsible Authority. 14.

Unless otherwise agreed in writing by the Responsible Authority, prior to the Certification of the Plan of Subdivision, the owner/s of the land at 56-60 Rosanna Road and 43 Brown Street, Heidelberg 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 all refuse and recycling collection for the property shall be provided internally by a private contractor at the expense of the owner of the land. 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.

Time Limits 15.

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

The development is not commenced within two years of the date of this permit;

(b)

The development is not completed within four years of the date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing: (a)

Before the permit expires, or

(b)

Within six months afterwards, or

(c)

Within 12 months afterwards if the development started lawfully before the permit expired.

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PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d Planning Permit Application:

P554/2015

Development Planner:

Nick Helliwell

Address:

56 – 60 Rosanna Road and 43 Brown Street, Heidelberg

Proposal:

Construction of a multi-dwelling development (apartment complex), construction of buildings and works, native vegetation removal and reduction in on-site visitor car parking

Existing Use/Development:

Three detached dwellings on three lots

Applicant:

Leda Constructions Pty Ltd

Zoning:

Residential Growth Zone – Schedule 1

Overlays:

Significant Landscape Overlay – Schedule 1 and Design and Development Overlay – Schedule 5

Notification (Advertising):

Signs on site and notices to surrounding properties

Objections Received:

Fifteen (15)

Ward:

Griffin

The plans assessed in this report are the advertised plans (received by Council on 24/08/2015). A copy of these plans are annexed to this report at Attachment 1. The proposal involves the redevelopment of three lots with a residential development comprising two four storey buildings with a semi-basement garage. The development will provide for forty dwellings comprising 4 x 1 bed, 1 x 1 bed plus study, 31 x 2 bed plus study and 4 x 2 bed plus study apartments. Secluded private open space provision for apartments varies from 8.65 to 79.06 square metres. Parking for forty five vehicles is provided for in the basement. Access to the basement garage is obtained from Brown Street. Due to the tandem provision of five spaces, there are forty one individual car spaces resulting in one space per apartment and one extra space for acquisition by a future resident. A reduction of eight visitor car parking spaces forms part of the proposal along with the removal of eight native trees. Dwelling Density Site Coverage Impervious Site Coverage

1:52.8m 2 83% 86%

OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. BACKGROUND/HISTORY There have been no previous applications for this site.

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PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d Locality Plan

SUBJECT SITE AND SURROUNDING AREA The site is located on the eastern side of Rosanna Road on the southern side of the junction with Brown Street. The site comprises three lots with each currently developed with a single detached single storey brick dwelling covered with a pitched roof. The easternmost lot abuts Heidelberg Park. The site slopes down from the park in an east to west direction with a fall of 7.31 metres. The combined landholding has an effective frontage to Rosanna Road of 39 metres, a sideage to Brown Street of 48.4 metres and site area of 2,059.44 square metres. One of the lots currently has access to Rosanna Road with the other two having access to Brown Street. The combined landholding has a total of fifty eight trees with all except eight of the trees being exotic species. Site area Subject to flooding?

2,059.44 m 2 No

PUBLIC NOTIFICATION It is considered that the proposal may cause material detriment to surrounding properties, and as such public notification was conducted by means of erecting a sign on the site and posting notices to the owners and occupiers of surrounding properties. To date 15 objections have been received. Grounds of objection are summarised as follows:       

Increased traffic generation and congestion/vehicle and pedestrian safety at Brown St/Rosanna Rd intersection; Lack of car parking; Inadequate front setback to Brown Street; Building height and bulk out of character with the area – reduction in height, increased setback of upper levels required and greater articulation; Impact on views from the park; Increased noise from residents and traffic; Lack of landscaping space;

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PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d     

Site not located within activity centre; Overlooking; Overshadowing; Construction traffic and impact of building works on neighbouring dwellings; Method of waste collection.

A public consultation meeting was held which was chaired by Council with the Mayor and Councillors for Griffin and Ibbott Wards in attendance along with a number of objectors and the permit applicant. All of the concerns raised above were discussed at the meeting and potential for a number of these to be addressed through the provision of permit conditions or modified plans. No final agreement or position was established on the proposal. REFERRAL COMMENTS EXTERNAL

REFERRALS

No external referrals were required in this instance. ENGINEERING

SERVICES

Council’s Engineering Services Section have reviewed the proposal and raised no major concerns. As the site is located within an ‘Accessible Area’ as defined under Clause 21.06-2 of the Scheme, some level of parking dispensation for visitors can be considered. Formal comments are available on file. Standard conditions relating to access, parking areas and drainage requested should be included on any approval issued. STRATEGIC

PLANNING

Council’s Strategic planning team have considered the question of building height in relation to both DDO5 and the Residential Growth Zone that apply to the site. The preferred maximum height for development on this site under DDO5 is 10 metres. The proposed development has a maximum height of 12 metres. This height was derived from the Heidelberg Structure Plan which was adopted by Council on 15 October 2007, and updated on 31 May 2010. However, with the release of Plan Melbourne in May 2014 and subsequent inclusion in the State Planning Policy Framework of the Scheme, Heidelberg was incorporated into the emerging La Trobe Employment Cluster. Within this cluster, urban renewal opportunities for mixed-use transit-oriented development in the Heidelberg precinct have been identified with one of the key objectives being for residential accommodation to be located close to places of employment. The application of the Residential Growth Zone to this site with a preferred building height of up to 14.5 metres recognises the contribution this site can make to fulfil the objectives of Plan Melbourne. On this basis, the proposed building height of 12 metres can reasonably be considered. DEVELOPMENT PLANNING ARBORIST Council’s Development Planning Arborist advises that none of the trees warrant retention and those that require permission for removal are in such poor condition that they should not be retained. There is no objection to removal subject to a condition requiring a tree protection zone to be established around Tree 59, a Monterey Pine located adjacent to the site boundary within Heidelberg Park.

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PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d PLANNING CONTROLS The site is located within a Residential Growth Zone – Schedule 1 within Precinct 1 – Yarra Valley Open Space of the Heidelberg Specialised and Major Activity Centre, within which the Neighbourhood Character Policy does not apply. Details of the relevant planning controls and State and Local Policy requirements are contained in Attachment 2 of this report. Table 1 summarises the relevant planning controls including those which trigger the need for planning permission. Control

Permit triggered?

Residential Growth Zone Significant Landscape Overlay-Schedule 1 (SLO1) Design and Development Overlay – Schedule 5 (DDO5) Clause 52.06: Car parking Clause 52.17: Native Vegetation Clause 52.29: Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road Clause 52.36: Integrated public transport planning

Yes Yes Yes Yes No No No

Table 1 – Planning controls TECHNICAL CONSIDERATION RESPONSE

POLICY FRAMEWORK

The proposed development is consistent with State and Local Planning Policies seeking urban consolidation and housing diversity in appropriate locations. Both levels of policy also require an appropriate response to residential amenity which is discussed within the attached Clause 55 assessment at Attachment 3. The proposed maximum building height would be 12 metres. It is noteworthy that the proposal seeks a variation to the Design and Development Overlay – Schedule 5 preferred height of 10 metres which applies to the site whilst being below the Residential Growth – Schedule 1 land use zone height of 14.5 metres on a sloping site. A detailed assessment of this policy is discussed in the section below.

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PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d BUILT FORM AND LANDSCAPE RESPONSE With the site being located within the Heidelberg Activity Centre, the residential character objectives for the site are contained in Clause 21.08 – Local Places of the MSS. The site is located within Precinct 1 – Yarra Valley Open Space of the Heidelberg Activity Centre. Broadly speaking, new buildings must be sensitive to the aesthetic and environmental attributes of the precinct. The neighbourhood character objectives for the site are also identified in DDO5 and include built form objectives of respecting the preferred scale and character of the activity centre, incorporating a combination of articulation, materials and colours to create visual interest, providing building setbacks that create a sense of openness within the streetscape and maintain the amenity of peripheral residential areas and other sensitive uses and providing facade treatments that are sympathetic with nearby areas of parklands and vegetation. As discussed above, the location of the site in the Residential Growth Zone envisages a preferred building height of up to 14.5 metres and recognises the contribution this site can make to fulfil the objectives of Plan Melbourne. On this basis, the proposed building height of 12 metres can reasonably be considered. In terms of the DDO5 building setbacks, a street setback of 6.2 metres to Rosanna Road (based on the frontage setback of 1/52 Rosanna Road to the south) and 2 metres to Brown Street is preferred with a setback to Rosanna Road provided of between 3.3 and 3.9 metres and 2.4 and 2.9 metres to Brown Street. The setback of the western building to Rosanna Road is considered to make a reasonable transition between the front setback of 1/52 Rosanna Road and the corner of Brown Street, noting the reduced setback of 1/52 and that the site is on the edge of the activity centre. To improve canopy tree planting opportunities and the built form presentation of the development to Rosanna Road and Brown Street, a number of additional modifications to the advertised plans have been made by the applicant. A copy of these plans dated 31st August 2016 are annexed at Attachment 4. Further modifications to the design are required to address this issue, improve the built form transition in scale to the existing dwellings on the northern side of Brown Street (which lie beyond the Activity Centre boundary) and minimise overshadowing impacts to a neighbouring dwelling to the south at 1/52 Rosanna Road. These modifications are proposed as conditions of permit. An assessment against the provisions of Clause 55 (ResCode) of the Banyule Planning Scheme has been undertaken and is included as an attachment to this report. The proposal is considered to meet the objectives of Council policy. A detailed assessment of these policy considerations is included at Attachment 3. The proposal complies with all objectives of the Clause. T REE REMOVAL The proposal involves the removal of all fifty eight trees from the site. Eight of these trees require planning permission for removal under the Significant Landscape Overlay as they are native trees. The remaining trees are exotic and are exempt from requiring planning permission for removal under the Overlay.

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PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d The broad policy framework for the site is to promote a more intensive use of the land but in a manner which is sensitive to the environmental qualities of the area and the Yarra River Valley. The site is located at the foot of a ridge which rises up to the east to form an escarpment which effectively forms the edge of the river floodplain in this locality. This escarpment is well treed to the east of the site with a height to the east of the site boundary ranging from 37 to 39 metres AHD. The proposed development will have a maximum height to 39 metres AHD with the roof of the lift over run extending this by two metres to 41 metres AHD. This ensures that the proposed development is not only largely seen against the slope of the escarpment when viewed from the west but also below the ridge and below the tree canopy of the mature trees in Heidelberg Park. Whilst the development will be clearly visible from within the park when viewed from the ridge immediately to the east of the site, the building will be cut into the slope of the land and will present as a three storey structure. Views of the building will be filtered by existing mature trees in the park and in the context of an existing developed residential area. Modifications to the submitted plans will be required to provide for a canopy tree planting area at the junction of Rosanna Road and Brown Street along with the stepping back of the northern elevation of the built form of the development to soften the scale. The removal of the vegetation is therefore considered acceptable in this instance and will not undermine the broader built form and landscape character policy objectives for the area. Furthermore, Council’s arborist has determined that the trees are not worthy of retention due to condition or species. CAR PARKING (CLAUSE 52.06) Parking for forty five vehicles is provided for in the basement. Due to the tandem provision of five spaces, there are forty one individual car spaces resulting in one space per apartment and one extra space for acquisition by a future resident. Full resident parking is therefore provided with a reduction of eight visitor car parking spaces sought. The information provided in the car parking demand assessment submitted with the application supports this reduction on the basis that accepted industry data indicates that peak demand for visitors to residential developments is 0.1 spaces per dwelling for evenings/weekends and 0.06 during weekdays. For forty residences this equates to an empirical peak demand of two and four car spaces. As part of the parking assessment, parking availability studies were undertaken in Brown, Quinn and Hodgeson Streets. Whilst it was noted that parking was limited during the day due to ‘no stopping’ restrictions and builders vehicles and cars parked adjacent to the park, it is considered that there is sufficient availability to accommodate two visitors parking during weekdays and up to four at weekends. In addition, it is noted that the site has good access to public transport with a bus stop within 50 metres on Rosanna Road and Heidelberg Railway Station being located approximately 1km away. In addition the full complement of four visitor bicycle spaces are to be provided in Brown Street as a condition of permit.

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PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d Due to the above, Council’s traffic engineers are satisfied with the proposed reduction in the visitor car parking requirement. It should also be noted that with the amended plans, there is a proposed reduction in the number of units to a total of 39 apartments. This would create a surplus of one parking space which could be allocated to visitors. This will be required as a condition of permit. ABORIGINAL HERITAGE – CULTURAL HERITAGE M ANAGEMENT PLAN The proposed site is within an area of cultural heritage sensitivity due to its proximity to the Yarra River and the proposal is classed as a high impact activity due to the number of dwellings proposed, therefore either an approved Cultural Heritage Management Plan (CHMP) is required to be submitted or sufficient evidence of significant ground disturbance must be demonstrated. The applicant has provided evidence of significant ground disturbance in the archaeological report prepared by Tardis dated 10th February 2015. OBJECTORS’ CONCERNS The following matters raised in the public consultation process require further comment. Increased traffic generation and congestion/vehicle and pedestrian safety at Brown St/Rosanna Rd intersection The application was referred to Council’s Engineering Department who did not raise concerns with respect to traffic generation or congestion. The existing road network is considered to be suitable to service the proposed development and no objection has been raised. Resident concerns about traffic congestion at the Rosanna Road/Brown Street intersection and pedestrian safety were not shared and the request to extend the no parking area on Brown Street close to the intersection with Rosanna Road to facilitate safer vehicle entry to Brown Street from Rosanna Road has been passed to Council’s traffic engineering department for consideration. Discussions have also been held with VicRoads on whether it could be appropriate to provide access to the site from Rosanna Road. VicRoads have a general policy that where access can be obtained from a local road or arterial road, a local road takes preference. This is not a written policy but an established position. This doesn’t mean that VicRoads cannot consider access from Rosanna Road but that they require significant justification, for example, there is a bus stop on the local road that prevents access and it cannot be satisfactorily be relocated. A left in/left out arrangement could be considered but only in exceptional circumstances ie. the bus stop scenario. In summary, VicRoads consider the less access points there are to an arterial road, the better. Increased noise from residents and traffic Increased noise from increased residential density and traffic movement is not a material reason for withholding planning permission.

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PLANNING PERMIT APPLICATION - FOUR STOREY APARTMENT COMPLEX AT 56 TO 60 ROSANNA ROAD AND 43 BROWN STREET, HEIDELBERG (P554/2015) cont’d Construction traffic and impact of building works on neighbouring dwellings Construction traffic and amenity impacts are a short term issue that cannot be considered given that once a development has been completed, the issue is no longer relevant. Noise and dust in the short term are matters which are not controlled by the Planning Department and are policed by Council’s Local Laws and Environmental Health Units and through the Building Regulations. Potential damage to neighbouring dwellings as a result of building works is also a matter addressed under the Building Regulations. Method of waste collection Waste collection should be undertaken by a private waste collection service. A Waste Management Plan will be required as a condition of permit. CONCLUSION The proposed development is consistent with State and Local Planning Policies and complies with Clause 55 of the Banyule Planning Scheme. As such, the application should be supported with appropriate conditions. ATTACHMENTS No.

Title

1 2

Advertised plans Planning controls

149 169

3 4

Clause 55 assessment Amended plans 31.08.16

181 187

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5.3

HURSTBRIDGE RAILWAY LINE IMPROVEMENT PROJECT UPDATE AND ROSANNA VILLAGE URBAN DESIGN GUIDELINES

Author:

David Bailey - Transport Advocacy Manager, City Development

Previous Items Council on 27 June 2016 (Item 8.1 - Hurstbridge Line Upgrade – Lower Plenty Road Level Crossing, Rosanna) Council on 25 July 2016 (Item 4.3 - Hurstbridge Rail Line Upgrade – Lower Plenty Road Level Crossing Removal - Consultation Update) Council on 19 September 2016 (Item 4.5 - Hurstbridge Railway Line Improvement Lower Plenty Road Level Crossing Removal - Project Update) EXECUTIVE SUMMARY The Level Crossing Removal Authority is delivering the State Government $140 million Heidelberg to Rosanna track duplication and Lower Plenty Road, Rosanna level crossing removal. The work will include a new Rosanna Railway Station and planning for future track duplication between Greensborough and Eltham. The Authority has appointed Laing O’Rourke, Fulton Hogan and Jacobs as the design and construction consortia for the project and held further community consultation drop-in sessions on 22 and 24 September 2016. The Authority has indicated that the design options and costing will be finalised to present to Government by the end of the year. Council is working with the Authority during the options development stage to achieve the best possible community outcome. Following Government confirmation of the preferred option, early works are due to commence in the first half of 2017 with construction commencing in mid2017 and completion is scheduled in 2019. The Authority has confirmed that the project will be managed under the legal arrangements of the Major Transport Project Facilitation Act (2009). While this is a State Government project, Council meets regularly with the Authority to input into the design development and has engaged consultants to provide transport planning, drainage, document assessment and legal advice to assist in managing the impact of the project on Council assets. Council is also developing plans for the Rosanna Village streetscape works funded under the 2016/17 Capital Works Program. A consultant has been engaged to prepare Urban Design and Landscape Guidelines to guide input into the track duplication and level crossing removal project and the development of streetscape works on both sides of the railway line. Community consultation is proposed to be undertaken on the draft Rosanna Village Urban Design and Landscape Guidelines (Attachment 1) and Turnham Avenue Streetscape Plan (Attachment 2).

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HURSTBRIDGE RAILWAY LINE IMPROVEMENT PROJECT UPDATE AND ROSANNA VILLAGE URBAN DESIGN GUIDELINES cont’d RECOMMENDATION That Council: 1.

Notes the status of the Heidelberg to Rosanna track duplication and Lower Plenty Road, Rosanna level crossing project; and

Commences community consultation on the draft Rosanna Village Urban Design and Landscape Guidelines and Turnham Avenue Streetscape Plan.

CITY PLAN This report is in line with Council’s City Plan key directions to “maintain and improve Banyule as a great place to live”; “Support thriving commercial and retail activity” and “Support sustainable transport”. BACKGROUND The State Government has committed $140 million for the duplication of the railway line between Heidelberg and Rosanna and the removal of the Lower Plenty Road level crossing in Rosanna. The work will include the construction of an additional railway bridge over Burgundy Street, widening the railway tunnel under Darebin Street, a new Rosanna Railway Station and planning for future track duplication between Greensborough and Eltham. The Level Crossing Removal Authority (LXRA) will deliver the project by 2019. Council is meeting regularly with the LXRA to input into the design development process to influence the design and achieve the best possible community outcomes. At its meeting 19 September 2016 Council resolved the following: Resolution (CO2016/1) That Council: “1.

Notes the status of the Heidelberg to Rosanna track duplication and Lower Plenty Road level crossing project; and

Notes that the draft Rosanna Village Urban Design Guidelines will be used to guide discussion with the Rosanna Traders Association and the Level Crossing Removal Authority.

Write to the Level Crossing Removal Authority seeking that they brief the Heidelberg Central Traders.”

A letter was sent to the Level Crossing Removal Authority on 23 September 2016. The Authority is in discussion with traders concerning the impact of the works. LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report.

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HURSTBRIDGE RAILWAY LINE IMPROVEMENT PROJECT UPDATE AND ROSANNA VILLAGE URBAN DESIGN GUIDELINES cont’d However, the project will require works on Council assets including road, footpath and drainage. The LXRA has confirmed the works will be carried out using the legal framework of the Major Transport Project Facilitation Act (2009). The Act provides for the LXRA to nominate Council assets that will be used or impacted during the works, whether or not Council agrees to their use. It is intended to enter into a Memorandum of Understanding with the LXRA to help manage the impact on Council assets. Council has engaged legal advice to assist in the managing the legal arrangements with the LXRA and the impact of the project on Council assets. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. ADVOCACY Council has advocated to local Federal and State Members of Parliament and the LXRA for several inclusions in the project to achieve the best possible community outcome. Discussions with the LXRA are ongoing in relation to project enhancements and additions. Discussions are also ongoing with VicRoads and PTV to advocate for changes to Lower Plenty Road and improved bus services and bus/rail connections respectively. CURRENT SITUATION The LXRA has appointed Laing O’Rourke, Fulton Hogan and Jacobs as the design and construction consortia for the project. The consortia will be part of the Alliance group delivering the project in conjunction with the LXRA, Metro Trains Melbourne, Public Transport Victoria and the Department of Economic Development, Jobs, Transport and Resources. The design consortia will prepare information on the design options for State Government consideration. Details of the project are provided on the LXRA website. At this stage the LXRA has not determined the form of the Lower Plenty Road level crossing removal. Similarly, while the track duplication between Heidelberg and Rosanna will involve a new rail bridge over Burgundy Street, widening the rail tunnel at Darebin Street/Hawdon Street and the Brown Street bridge, the LXRA is yet to determine the impact on these streets.

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HURSTBRIDGE RAILWAY LINE IMPROVEMENT PROJECT UPDATE AND ROSANNA VILLAGE URBAN DESIGN GUIDELINES cont’d Consultants have been engaged on behalf of Council to develop Urban Design and Landscape Guidelines for Rosanna Village, the track duplication and Lower Plenty Road level crossing removal project. The draft Guidelines were included in the 19 September 2016 report to Council and have been refined following community response and input from the Rosanna Traders Association. The draft Guidelines have underpinned input into the LXRA. Consultants have also been engaged on behalf of Council to provide transport planning, drainage and legal advice to assist in determining the impact of the LXRA works on Council assets and Council’s requirements for the works. FUNDING IMPLICATIONS The level crossing removal and rail duplication project is a $140 million project funded by the State Government. The development of the Urban Design and Landscape Guidelines, Rosanna streetscape design and engagement of consultants are funded under budget allocations. Construction of the Rosanna streetscape will be included for discussion in the draft 2017/18 and 2018/19 budgets. CONSULTATION Ongoing community consultation is being undertaken by the LXRA and details of the project are provided on its website. Drop-in sessions were held at the Rosanna Scout Hall on 21 and 23 July 2016 (360 people attended) and 22 and 24 September 2016 (535 people attended) to provide information on rail duplication and options for the level crossing removal and new Rosanna Railway Station. Council wrote to 5,600 residents and businesses in the area on 2 August 2016 informing them of the project and providing information to assist them in communicating with the LXRA. Contact details for the LXRA are also available on Council’s website and social media sites to assist the community provide feedback to the LXRA. Some residents have contacted Council for further information regarding the project options and have been referred to the LXRA for more detail. DISCUSSION Council is engaging with the LXRA, residents and traders to ensure that the design outcome of the level crossing removal and track duplication provide the best possible community outcome and to advocate for additional elements to improve the project. The LXRA has formed an Alliance group to deliver the project which includes the LXRA, Metro Trains Melbourne, PTV, the Department of Economic Development, Jobs, Transport and Resources and the design /construct consortia. To support Council’s input into the project, regular meetings are held with the LXRA and Council attends the Government’s Urban Design Advisory Panel which is overseeing the urban design to ensure the project achieves the best possible community outcome. The LXRA has developed initial design options for the 1.1km track duplication and level crossing removal which were presented to the community at drop-in sessions on 22 and 24 September 2016. The Heidelberg to Rosanna track duplication will require a new bridge over Burgundy Street; widening the railway cutting and embankment; duplication of the 80m rail tunnel under the Darebin Street/ Hawdon Street intersection (which is currently configured as a roundabout); and the Brown Street railway bridge. Council is investigating options for the reinstatement of the Darebin Street/Hawdon Street intersection and Brown Street at the railway bridge.

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HURSTBRIDGE RAILWAY LINE IMPROVEMENT PROJECT UPDATE AND ROSANNA VILLAGE URBAN DESIGN GUIDELINES cont’d The design options for the Lower Plenty Road level crossing removal include elevated rail and lowered rail options. The LXRA has indicated that elevated road and lowered road options would have a significant impact on the Rosanna Village shopping centre and have as such been discounted. The options for either elevating or lowering the railway will be developed by the Alliance and presented to Government, with a decision likely to be announced in early 2017. Both the rail bridge and rail trench options for the Lower Plenty Road level crossing removal will require the construction of a new Rosanna Railway Station. Council is working closely with the LXRA to influence the station design to ensure the design meets Council’s urban design expectations, including visual appearance, urban design integration, public transport integration, bicycle and pedestrian connections, tree retention/replacement and noise attenuation. Council is also working with the LXRA and VicRoads to determine the future configuration of Lower Plenty Road and the intersections with Turnham Avenue, Beetham Parade and Ellesmere Parade. Options for the transport interchange layout and enhanced bus services are being developed in conjunction with PTV. Council has engaged Hansen Partnership to prepare Urban Design and Landscape Guidelines for Rosanna Village. The Guidelines will assist guide the development of improvements in Rosanna to develop a public realm character that supports Rosanna Village as a ‘cultural heart’ which is community focused and environmentally sustainable. The draft Guidelines are included at Attachment 1. The draft ‘Vision’ for Rosanna Village is to improve the economic, environmental, social and community attributes of Rosanna including: Place:  To maintain its role as one of Banyule’s Neighbourhood Activity Centres, centered upon its identity as the ‘cultural heart’ of Rosanna.  To maintain the treed village character with a strong emphasis on its highly vegetated surrounds utilising native species of various proportions and scales. People:  To enhance the community spirit of the village, providing a range of civic, specialty retail and small commercial uses connected to diverse and functional public open spaces. Participation:  To create a vibrant public realm through public art and sculpture. Performance:  To implement a well-designed, sustainable and resilient transport node which incorporates safe and convenient pedestrian, cycle connectivity. The draft Guidelines have been developed to assist in discussions with the LXRA and the community in defining and coordinating the track duplication, level crossing removal works, new Rosanna Railway Station construction and streetscape works. It is intended to commence community consultation on the draft Guidelines. To support Council’s input into the Hurstbridge Railway line improvement project, regular meetings are held with the LXRA and Council attends the Government’s Urban Design Advisory Panel which is overseeing the urban design to ensure the project achieves the best possible community outcome.

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HURSTBRIDGE RAILWAY LINE IMPROVEMENT PROJECT UPDATE AND ROSANNA VILLAGE URBAN DESIGN GUIDELINES cont’d The Notice of Determination issued for the proposed Woolworths development at 44 Turnham Avenue, Rosanna, included a condition for streetscape works to be carried out in Turnham Avenue, consistent with a plan prepared by Council. The proposed Turnham Avenue streetscape plan is included at Attachment 2. The plan has been developed consistent with the draft Rosanna Village Urban Design and Landscape Guidelines. Discussion will continue with Woolworths and the LXRA to coordinate the works to achieve the best possible community outcome. Council is working with the Rosanna Village Traders Association to develop the design for Council’s Rosanna Village streetscape improvements which are programmed for construction next financial year. TIMELINES The LXRA has indicated that the Alliance will finalise the design options and present them to the community later in 2016. The options and costing are expected to be presented to Government by the end of the year. Following Government confirmation of the preferred option, early works will commence in the first quarter of 2017 with construction commencing in mid-2017 and scheduled for completion in 2019. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION The Heidelberg to Rosanna track duplication and Lower Plenty Road level crossing removal project is being progressed by the Level Crossing Removal Authority. At this stage there has been no decision on whether the rail solution will be in a trench or on a bridge across Lower Plenty Road. The preferred design solution will be presented to Government at the end of 2016. The Authority presented the design options at community consultation drop-in sessions on 22 and 24 September 2016. The LXRA has confirmed that the project will be managed using the legal arrangements of the Major Transport Project Facilitation Act (2009).The LXRA has indicated that works will commence in the first half of 2017 with construction commencing in mid-2017 and scheduled for completion in 2019. Council meets regularly with the LXRA to input into the design development and is working with VicRoads to determine the preferred configuration for Lower Plenty Road. Work will continue with PTV on the bus interchange layout and service improvements. Council is also developing plans for the Rosanna streetscape works which are funded under the Capital Works Program.

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HURSTBRIDGE RAILWAY LINE IMPROVEMENT PROJECT UPDATE AND ROSANNA VILLAGE URBAN DESIGN GUIDELINES cont’d The Rosanna Village Urban Design and Landscape Guidelines have been prepared to guide input into the track duplication and level crossing removal project, including the development of a new Rosanna Railway Station and the development of streetscape works on both sides of the railway line. Community consultation is proposed to be undertaken on the draft Rosanna Village Urban Design and Landscape Guidelines (Attachment 1) and Turnham Avenue Streetscape Plan (Attachment 2). Work is also underway to provide transport planning, drainage, document assessment and legal advice to assist in managing the impact of the project on Council assets. ATTACHMENTS No.

Title

1 2

Rosanna Village Urban Design and Landscape Guidelines Turnham Avenue Streetscape Plan

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5.4

GRIMSHAW STREET / FLINTOFF STREET, GREENSBOROUGH - INTERSECTION IMPROVEMENT FUNDING

Author: David Karwan - Team Leader Developments & Drainage, City Development Ward:

Bakewell

Previous Items Council on 15 December 2014 (Item 8.1 - Grimshaw Street / Flintoff Street Greensborough - Pedestrian Safety) Council on 7 September 2015 (Item 4.2 - Grimshaw Street and Flintoff Street, Greensborough - Proposed Traffic Treatment) Council on 30 November 2015 (Item 4.5 - Grimshaw Street and Flintoff Street, Greensborough - Proposed Traffic Treatment) Council on 30 May 2016 (Item 4.6 - Grimshaw Street / Flintoff Street, Greensborough Intersection Improvement Funding) EXECUTIVE SUMMARY At its meeting on 30 November 2015 Council resolved to approve a design for the reconfiguration of the intersection of Grimshaw Street and Flintoff Street, Greensborough, including the installation of pedestrian operated signals. Council committed $400,000 in the 2016-17 budget ($300,000 Council and $100,000 Transport Accident Commission (TAC) funding) to part fund the project. Council sought financial support from the State Government for the delivery of the project on a 50/50 basis given that Grimshaw Street is a declared Main Road under the care and responsibility of VicRoads. The project was not originally included within the Victorian State Budget for 2016-17. On Friday 28 October 2016, the State Minister for Roads and Road Safety, Luke Donnellan, formally announced that the State Government has allocated funds for the VicRoads contribution to deliver this project. The allocation of $500,000 to VicRoads will facilitate the implementation of the project as a jointly funded project with the funds that Council has already committed. With the funding announcement there is certainty associated with the implementation of the project. At the time of writing this report the funding announcement had just occurred and timelines are yet to be established, it is anticipated that the works may be implemented during the first half of 2017. It is also acknowledge that VicRoads are best placed to deliver the project and council officers will work closely with VicRoadsâ&#x20AC;&#x2122; officers in providing support and assistance as and when necessary or requested.

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GRIMSHAW STREET / FLINTOFF STREET, GREENSBOROUGH INTERSECTION IMPROVEMENT FUNDING cont’d RECOMMENDATION That Council: 1.

Note that on Friday 28 October 2016 the State Minister for Roads and Road Safety, Luke Donnellan, formally announced that the State Government has allocated $500,000 funds for the VicRoads contribution to deliver this project.

Notes the activation of the trigger to commit the allocation of the further $200,000 in the 2016/17 capital works budget for the implementation of works associated with the functional design for Grimshaw Street and Flintoff Street, Greensborough has occurred now that the State Government / VicRoads has provided $500,000 towards the project.

Notes that at the time of writing this report, the funding announcement had just occurred and timelines are yet to be established. However, it is anticipated that the works will be implemented during the first half of 2017.

Acknowledges that VicRoads are best placed to deliver the project and Council officers will work closely with VicRoads’ officers in providing support and assistance as and when necessary or requested. 5.

CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”. BACKGROUND The Greensborough Activity Centre is a high pedestrian and bicycle activity area. The precinct includes the Main Street Shopping Precinct, the Greensborough Plaza, Centrelink, a Community Health Centre and other medical suites, Council’s future municipal offices at OneFlintoff, and WaterMarc. It is well served by public transport with eight bus routes and the Hurstbridge Railway Line connecting the Centre to the city. The Lower Plenty River Bicycle Trail runs along the east side of the Centre and some roads in the area are part of Principal Bicycle Network, and Council’s Local Bicycle Network. The high concentration of trip attractors generates a high number of pedestrian and cyclist movements in the area. This, combined with the sweeping configuration of the intersection and the high volume and speed of vehicles on Grimshaw Street and Flintoff Street, increases the risk and severity of pedestrian and cyclist crashes. The need for improvements to road safety in the area is supported by regular correspondence received by Council from residents and visitors. The intersection of Grimshaw Street and Flintoff Street (Figure 1) is a particular focus due to vehicle speeds and volumes, and pedestrian sightlines.

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GRIMSHAW STREET / FLINTOFF STREET, GREENSBOROUGH INTERSECTION IMPROVEMENT FUNDING cont’d Following Council providing ‘in-principle’ support for a concept design for a safe pedestrian crossing across Grimshaw Street and Flintoff Street, Greensborough, at its meeting on 7 September 2015, meetings have been held between interested Councillors, Council staff, the State Member for Bundoora, and VicRoads.

Figure 1. Location of Proposed Works At its meeting on 30 November 2015, Council considered a report on the outcome of the meetings and a reviewed design for the intersection. At the meeting, it was resolved: “That Council: 1.

Approves the attached functional design for Grimshaw Street and Flintoff Street, Greensborough and formally submits the design to VicRoads for approval. The functional design includes:

     

Reconfiguration of the Grimshaw Street and Flintoff Street intersection and inclusion of pedestrian operated signals. Installation of a pedestrian crossing point on Grimshaw Street, between Stubley Court and Eldale Avenue. Installation of a pedestrian crossing point on Flintoff Street, midblock between Grimshaw Street and Para Road. Reduction of the effective road width of Grimshaw Street, between Church Street and Stubley Court. Installation of bicycle lanes along Grimshaw Street and Flintoff Street. Redesign of the Flintoff Street and Para Road intersection to include a pedestrian crosswalk on the eastern approach and a double left turn lane on the northern approach.

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GRIMSHAW STREET / FLINTOFF STREET, GREENSBOROUGH INTERSECTION IMPROVEMENT FUNDING cont’d 2.

Accepts the Transport Accident Commission (TAC) grant of $100,000 for pedestrian and cyclist safety improvements at the Grimshaw Street and Flintoff Street intersection in Greensborough, and agrees to allocate $100,000 of match funding for the intersection improvements in the 2016/17 capital works budget.

Allocates a further $200,000 in the 2016/17 financial year for the implementation of works associated with the functional design for Grimshaw Street and Flintoff Street, Greensborough in the 2016/2017 capital works budget on the basis that the State Government / VicRoads provides $400,000 on a 50/50 basis for the 2016/2017 financial year towards the project.

Writes to the Minister for Transport, VicRoads and the local State Member seeking support for the functional design for Grimshaw Street and Flintoff Street, Greensborough and requesting State funding for $400,000 on a 50/50 basis for the 2016/2017 financial year.”

Accordingly, Council has sought the State Government’s financial support for the delivery of the project. LEGAL CONSIDERATION Grimshaw Street, Greensborough, is a declared Main Road with VicRoads being the Coordinating Road Authority under the Road Management Act 2004. Accordingly, VicRoads approval is required to undertake works on Grimshaw Street. The installation of traffic signals also requires VicRoads approval as they are Major Traffic Control Items under the Road Safety Act 1986. Council routinely provides funding for road safety improvements on local roads that are its responsibility, and is therefore addressing road safety issues. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION The State Government announced its 2016-17 budget in May 2016. VicRoads has indicated that the project “was in the list under the Business Case for the Optimising Transport Network Performance & Productivity program that did not get further funding in the recent budget.”

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GRIMSHAW STREET / FLINTOFF STREET, GREENSBOROUGH INTERSECTION IMPROVEMENT FUNDING cont’d On Friday 28 September 2016 the State Minister for Roads and Road Safety, Luke Donnellan, made an onsite announcement that the State Government has made an allocation of $500,000 for VicRoads’ contribution for the project to be delivered. In making the announcement the Minister was very complimentary on the level of ownership that Banyule City Council accepted in investigating the issues and worked very productively and proactively with VicRoads in the process of identification and development of a positive and achievable outcome for the community. FUNDING IMPLICATIONS With the State Government’s funding announcement on 28 October 2016 the project is now fully funded. As indicated above, at its meeting of 30 November 2015 Council resolved to the allocation of its own funds: 

$100,000 within the 2016/17 capital works budget to match the Transport Accident Commission (TAC) grant of $100,000 for pedestrian and cyclist improvements at the Grimshaw Street and Flintoff Street intersection in Greensborough; and



A further allocation of $200,000 in the 2016/17 financial year for the implementation of works associated with the functional design for Grimshaw Street and Flintoff Street, Greensborough in the 2016/2017 capital works budget on the basis that the State Government / VicRoads provides $400,000 on a 50/50 basis for the 2016/2017 financial year towards the project.

The State Government announcement now provides certainty around the delivery of the project with an amount of $500,000 being allocated to VicRoads to align with the $400,000 that Council has already committed to the project, with the trigger to commit to the further $200,000 allocation within the 2016/17 capital budget now activated. DISCUSSION The intersection of Grimshaw Street and Flintoff Street provides a significant role in the viability of the Greensborough Activity Centre, as there are significant land uses surrounding it. It is the gateway between the residential area to the south with the retail and commercial core of the centre via Greensborough Walk. WaterMarc is a significant destination immediately to the north of the intersection with the medical precinct to the south and CentreLink to the east on Grimshaw Street itself. Much of the parking for Greensborough is located off Flintoff Street, which generates vehicle and pedestrian trips. The intersection itself has a complicated alignment that prioritises the movement of traffic over other modes. In recent times the level of pedestrian activity has increased dramatically due to the development of the WaterMarc aquatic facility, the CentreLink building and medical precinct to the south of Grimshaw Street. Despite the speed limit being reduced to 40km/h there is an increased risk of pedestrian crashes at the intersection. The proposed installation of a signalised crossing across both Flintoff Street and Grimshaw Street will make the intersection safer with the further enhancements incorporating alternations to the configuration to slow vehicles down and improve sight lines.

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GRIMSHAW STREET / FLINTOFF STREET, GREENSBOROUGH INTERSECTION IMPROVEMENT FUNDING cont’d With the funding announcement there is now a clear level of certainty associated with the implementation of the project. At the time of writing this report the funding announcement had just occurred and timelines are yet to be established, it is anticipated that the works may be implemented during the first half of 2017. It is also acknowledge that VicRoads are best placed to deliver the project and council officers will work closely with VicRoads’ officers in providing support and assistance as and when necessary or requested. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION For a number of years, Council has worked toward the provision of a safer road environment at the intersection of Grimshaw Street and Flintoff Street, Greensborough. In 2015, a design for the area was endorsed by Council and support from the State Government was sought for the delivery of the project. However, the project was not included within the Victorian State Budget for 2016-17. The high concentration of trip attractors in the area generates a great number of pedestrian and cyclist movements. This, coupled with the high volume and speed of vehicles on Grimshaw Street and Flintoff Street, increases the risk and severity of pedestrian and cyclist crashes. Council notes the State Government’s subsequent funding announcement on 28 October 2016 to allocate $500,000 to VicRoads to match the $400,000 funds that Banyule City Council already has allocated to the project and that project may now proceed through to detailed design and construction implementation. Further that it is noted the acknowledgement provided by the Minister to be very complimentary the level of ownership that Banyule City Council accepted in investigating the issues and working very productively and proactively with VicRoads in the process of identification and development of a positive and achievable outcome for the community on this road safety issue. Council should also note that it is acknowledged and considered appropriate for VicRoads North West Metropolitan Region to deliver the project, and they should continue to be supported in their efforts to do so. ATTACHMENTS No.

Title

Grimshaw Street and Flintoff Street - Concept Plan endorsed by Council

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5.5

NORTH EAST LINK - QUARTERLY UPDATE

Author:

Michelle Herbert - Senior Transport Engineer, City Development

Previous Items Council on 11 July 2016 (Item 4.1 - North East Link - Quarterly Update) EXECUTIVE SUMMARY There has been no indication by the State Government of any progress on planning for the proposed North East Link in the three months since the last report to Council. Infrastructure Victoria released its draft Infrastructure Strategy on 4 October 2016. The draft Strategy puts forward 134 recommendations to address Victoria’s current and future infrastructure needs. The recommendations include the construction of the North East Link within 10 to 15 years. As a first step, the strategy recommends a detailed assessment of alternative alignments. The Victorian Transport Association (VTA) has pushed for the North East Link to be prioritised following release of the RACV 2016 Redspot Survey data which showed that six of Melbourne’s top ten traffic congestion hot spots were in the transport corridor from Clifton Hill to Greensborough. The RACV restated its priority for the missing section of the North East Link. The Mayors and CEOs of Banyule City Council and Nillumbik Shire Council met and confirmed an agreement to jointly advocate to the State Government to commence planning work on the North East Link following the Federal Government funding commitment of $5million to commence a feasibility study. The North East Link Focus Group has been established to provide Council with a formal mechanism to consult with representatives of the Banyule community in the development of an action plan advocating for the North East Link. The Focus Group held its first meeting on 7 September 2016 and will meet again in late November to consider a draft Advocacy Action Plan. A pictorial book depicting the ecological, cultural, environmental and heritage value of the Banyule Flats has recently been published. The importance of keeping the Banyule Flats area intact is established by this significant piece of work. RECOMMENDATION That: 1.

Council notes that the State Government has not progressed planning for the North East Link, however Infrastructure Victoria has identified the link as a priority project and the Victorian Transport Association, RACV and Nillumbik Shire Council have advocated for the planning and construction of the North East Link to be prioritised.

Council approaches industry and freight partners to develop a collaborative approach on advocacy for the North East Link.

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NORTH EAST LINK - QUARTERLY UPDATE cont’d 3.

Council notes that an action plan is being developed to advocate for the North East Link, with consultation on the draft to occur over the next three months.

Further updates on the North East Link are to be included in the regular Advocacy Update Report, or as required.

CITY PLAN This report is in line with Council’s City Plan key direction to “support sustainable transport”. BACKGROUND At its 14 December 2009 meeting, Council considered an initial report on the status of the proposed North East Link and an overview of relevant Council resolutions and positions on the link, regional transport, and associated heritage and environmental issues. Council resolved in part as follows: “That Council officers report to the Council every three months on the response from the Minister, VicRoads or other Government departments or agencies on progress in the planning of the North East Link.” In line with this resolution Council considered the most recent report on this matter on 11 July 2016, and resolved: ‘That Council note that the State Government and VicRoads have not progressed planning for the proposed North East Link, however funding commitments have been made during the Federal election campaign for an investigation into the North East Link.’ Additionally, whilst considering a report on North East Link Advocacy on 14 June 2016, Council resolved: “That Council: 1.

Write to Nillumbik Shire Council seeking their support in advocating to the State Government and VicRoads to share their planning work to date on the North East Link and engage with both Councils in future planning for the project.

The Mayor and the Chief Executive Officer of the Nillumbik Shire Council be invited to meet with the Mayor and Chief Executive Officer of Banyule City Council to discuss how best to collaborate on this matter.”

In accordance with the resolution, Council wrote to Nillumbik Shire Council on 17 June 2016 seeking support in advocating to the State Government and VicRoads. Following the $5 million Federal Government funding commitment to commence a feasibility study, the Mayors and CEOs of Banyule City Council and Nillumbik Shire Council met on 30 June 2016 and agreed to jointly advocate to the State Government to commence planning work on the North East Link. A letter dated to this effect jointly signed by the Mayors was sent to the Prime Minister, State Government and VicRoads on 25 July 2016.

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NORTH EAST LINK - QUARTERLY UPDATE cont’d While no response has been received from VicRoads or the State Government, a response has been received from the Prime Minister commending both Councils on the early engagement and positive and collaborative approach towards the North East Link. LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. ADVOCACY Council has established the North East Link Focus Group to provide a formal mechanism to consult with representative of the Banyule community throughout the development of an action plan advocating on the North East Link. The Focus Group had its first meeting on Wednesday 7 September 2016 to identify the issues to be included in a draft Action Plan. The Focus Group will meet again in late November 2016 to consider the draft Action Plan. The Focus Group’s Action Plan will be released for community consideration and input. Following consideration and input of the community feedback, the final Action Plan will be presented to Council in early 2017. Council has appointed a Transport Advocacy Manager who is advocating strongly for the North East Link on Council’s behalf.

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NORTH EAST LINK - QUARTERLY UPDATE cont’d DISCUSSION Infrastructure Victoria released its draft Infrastructure Strategy on 4 October 2016. The draft Strategy puts forward 134 recommendations to address Victoria’s current and future infrastructure needs. The recommendations include the construction of the North East Link within 10 to 15 years. As a first step, the strategy recommends a detailed assessment of alternative alignments. The strategy also states that this Link would enhance access to major employment centres, particularly the Latrobe NEC and the Epping, Ringwood and Broadmeadows Activity Centres, through improved orbital road connectivity and improved the freight network capacity, particularly from the southeast and Gippsland. The Victorian Transport Association (VTA) has pushed for the North East Link to be prioritised following release of the RACV Redspot Survey data which showed that six of Melbourne’s top ten traffic congestion hot spots were in the transport corridor from Clifton Hill to Greensborough. The six traffic congestion hot spots are located on key arterial truck and car routes between the Eastern Freeway and the Northern Ring Road (M80). The RACV endorsed this view confirming its priority remains the missing section of the North East Link. Council has received regular three monthly reports on the North East Link since its 14 December 2009 meeting. Further updates will be included in the regular Transport Advocacy Report to Council, or on an as-needs basis. A pictorial book The Six Seasons of My Backyard depicting the ecological, cultural, environmental and heritage value of the Banyule Flats has recently been published. For thousands of years, the traditional owners and every generation since European settlement has recognised the importance and beauty of the area. The need to preserve the area intact is established by this significant piece of work. CONCLUSION There has been no further action from the State Government to progress the North East Link. However, a number of organisations have come out in support of prioritising the North East Link including Infrastructure Victoria, Victorian Transport Association (VTA), RACV and Nillumbik Shire Council. Council has established the North East Link Focus Group to provide a formal mechanism to consult with representatives of the Banyule community in the development of an action plan advocating for the North East Link. ATTACHMENTS Nil

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5.6

BELL STREET MALL - TRADERS' PARKING PERMITS

Author:

Elissa Blake - Team Leader Traffic & Transport, City Development

Previous Items Council on 21 September 2015 (Item 4.2 - Bell Street Mall - Traders' Parking Permits) Council on 17 February 2014 (Item 4.1 - Potential parking demand changes in Heildelberg West, Bellfield and Heidelberg Heights) EXECUTIVE SUMMARY In July 2014, Melbourne Polytechnic (previously known as Northern Melbourne Institute of TAFE) commenced charging for the use of its car park at the Heidelberg campus, located on the corner of Bell Street and Waterdale Road, Heidelberg West, neighbouring the Bell Street Mall. This caused a relocation of student and staff parking into the Bell Street Mall car park. In line with the 21 September 2015 Council resolution changes to the Bell Street Mall parking were implemented, with 2-hour and 3-hour parking restrictions installed throughout the entire car park. The Bell Street Mall Traders Association was given authorisation to administer parking permits exclusively to traders and employees of businesses within The Bell Street Mall. An assessment has been undertaken and found that the trader permit system in conjunction with the parking restrictions is working well. It is also noted that students of Melbourne Polytechnic no longer have to pay for parking and it is unlikely that significant parking displacement by Melbourne Polytechnic students is occurring. Since the parking restrictions and trader permit system is working well it is recommended that the trader parking permit system is continued and the existing parking restrictions remain. RECOMMENDATION That Council: 1.

Receives this assessment of the use of traders’ parking permits and parking restrictions in the Bell Street Mall.

Continue to authorise the Bell Street Mall Traders Association to administer parking permits exclusively to traders and employees of businesses within The Bell Street Mall with the following conditions:  Permits are valid only within a designated area, where parking signs indicate that permit holders are exempted from parking time limits; and  Permits are valid until the end of October 2017.

Retain the currently installed 3-hour parking restrictions, operating 9.00am 6.00pm Monday to Friday – Permit Holders Exempt to 123 parking spaces in the northern sections of the Bell Street Mall car park.

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BELL STREET MALL - TRADERS' PARKING PERMITS cont’d 4.

Retain the currently installed 2-hour parking restrictions operating 9.00am – 6.00pm Monday to Friday to the remaining parking spaces in the western and eastern sections of the Bell Street Mall car park.

CITY PLAN This report is in line with Council’s City Plan key direction to “support thriving commercial and retail activity”. BACKGROUND In July 2014, Melbourne Polytechnic (previously known as Northern Melbourne Institute of TAFE) commenced charging for the use of its car park at the Heidelberg campus, located on the corner of Bell Street and Waterdale Road, Heidelberg West. Given the proximity of Melbourne Polytechnic to the Bell Street Mall, it was expected that significant displacement of parking demand would occur, with staff and students of Melbourne Polytechnic expected to use free 2-hour, 4-hour and all-day parking in the Council-owned off-street car park at the Bell Street Mall, in Coomalie Crescent, and surrounding streets. Figure 1 shows the location of the Bell Street Mall and Melbourne Polytechnic in Heidelberg Heights.

Figure 1 – Location of the Bell Street Mall and Melbourne Polytechnic

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BELL STREET MALL - TRADERS' PARKING PERMITS cont’d A report in regards to the potential parking demand changes in the area was considered by Council at its meeting on 17 February 2014. It was resolved: “That Council: 1.

Consult with the Bell Street Mall traders association to consider the modification of parking at the Bell Street Mall and subject to support from the Bell Street Traders Association, implement the changes which include: a) The existing 4-hour parking restrictions at the Bell Street Mall car park to be 2- hour restrictions. Days and times of restrictions to remain unchanged. b) The existing 2-hour parking restrictions at the Bell Street Mall car park to be 1-hour restrictions. Days and times of restrictions to remain unchanged. c) Install parking restrictions at the existing unrestricted parking areas of the Bell Street Mall car park to be 3-hour parking, Monday to Friday, 9am to 6pm. Exceptions to apply to vehicles holding a Bell Street Mall staff parking permit.

Authorise the administration of traders parking permits by the Bell Street Mall Traders Association in consultation with Council’s Local Laws department.

Consult with residents in the area surrounding the Northern Melbourne Institute of TAFE Heidelberg campus regarding the requirement for restrictions in their street.

Monitor the parking availability in the area surrounding the Northern Melbourne Institute of TAFE Heidelberg Campus after the implementation of the parking charging scheme inside its campus.”

Subsequently, a further report outlining a broad proposal for the implementation of trader parking permits, and modifications to the parking restrictions in the Bell Street Mall car park was considered by Council at its meeting on 21 September 2015. It was resolved: “That Council: 1.

Notes that an agreement between the Traders Association of The Bell Street Mall on the modifications to the parking restrictions on The Bell Street Mall in accordance with the Resolution of 17 February 2014 has not been reached.

Authorise the Bell Street Mall Traders Association to issue parking permits exclusively to traders and employees of businesses within The Bell Street Mall with the following conditions:  Permits are valid only within a designated area, where parking signs indicate that permit holders are exempted from parking time limits; and  Permits are valid until the end of October 2016.

Installs 3-hour parking restrictions, operating 9.00am - 6.00pm Monday to Friday – Permit Holders Exempt to 123 parking spaces in the northern sections of the Bell Street Mall car park.

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BELL STREET MALL - TRADERS' PARKING PERMITS cont’d 4.

Installs 2-hour parking restrictions operating 9.00am – 6.00pm Monday to Friday to the remaining parking spaces in the western and eastern sections of the Bell Street Mall car park.

Receives a report in October 2016 with an assessment of the use of traders’ parking permits and parking restrictions in The Bell Street Mall.”

This report responds to item 5 of the above resolution. LEGAL CONSIDERATION Under Schedule 11 of the Local Government Act 1989, Council has statutory powers that relate to parking which allows Council to fix, rescind or vary: -

The days, hours and periods of time for which, and the conditions on which, vehicles may stand in a parking area in any highway or other parking area; and Fees for any vehicles standing in a parking area and the manner of payment of those fees.

As such, there are no direct legal implications arising from the recommendation contained in this report. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter and proposed recommendation does not raise any human rights issues. CURRENT SITUATION Bell Street Mall Traders Association are currently issuing and managing parking permits exclusively to traders and employees of businesses within the Bell Street Mall. The permits are valid only within a designated area, where parking signs indicate that permit holders are exempted from parking time limits; and permits are currently valid until the end of October 2016. There are 3-hour parking restrictions operating 9.00am - 6.00pm Monday to Friday currently in place where permit holders are exempt to 123 parking spaces in the northern sections of the Bell Street Mall car park. There are also 2-hour parking restrictions operating 9.00am – 6.00pm Monday to Friday in the remaining parking spaces in the western and eastern sections of the Bell Street Mall car park. As stated on Melbourne Polytechnic’s webpage, students of Melbourne Polytechnic are not currently required to pay for parking. It is therefore unlikely that significant parking displacement by Melbourne Polytechnic students is currently occurring.

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BELL STREET MALL - TRADERS' PARKING PERMITS cont’d Following the installation of parking restrictions and permit allocation, an assessment of the use of traders’ parking permits and parking restrictions in Bell Street Mall has been undertaken. It was found that: -

Approximately 50% of the car parking spaces were occupied; Between 30% and 40% of the vehicles parked at the Mall were parked within the designated permit area and were displaying a valid permit; Vehicles displaying permits were occupying between 15% and 20% of the total available parking spaces; and Between 20% to 25% of vehicles displaying a permit were parked where signs don’t allow them to stay for longer than the restrictions.

DISCUSSION Having undertaken a comprehensive review and assessment of the Traders’ parking permits and parking restrictions regime implemented as a result of Council’s resolution of 21 September 2015 it has been found that the current combination of parking restrictions and the Traders’ permit system, is operating very well. This outcome has been determined through the collation of observation data and evidence as well as through consultation with representative from the Traders’ Association. While it is acknowledged that the Traders’ Association do have further desires for improvement within the system that would provide an administrative benefit to them, they themselves acknowledge that the system is operating very well on balance and should remain in place as it currently is. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION The current parking restrictions and trader parking permit system at Bell Street Mall has now been in place for a year and is working quite effectively. It is therefore recommended that the current restrictions remain and that the trader parking permit system administered by the traders association is continued. ATTACHMENTS Nil

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5.7

OPERATION OF PAID PARKING IN SHERWOOD ROAD, EAGLEMONT, AND THE PARKING IMPACT ON STUDLEY ROAD, IVANHOE

Author:

Sanjev Sivananthanayagam - Transport Engineer, City Development

Ward:

Griffin

Previous Items Council on 4 April 2016 (Item 1.1 - Sherwood Road, Eaglemont - Petition for the review of Paid Parking) Council on 22 June 2015 (Item 6.5 - Additional Paid Parking Locations) EXECUTIVE SUMMARY A petition with 65 signatures was received from residents of Eaglemont and Ivanhoe, requesting the review of the need for the paid parking system introduced in Sherwood Road, Eaglemont, in February 2016. The signatories were concerned about the impact that this would have to parking availability in Studley Road, Ivanhoe. The petition report was considered by Council at its meeting on 4 April 2016, and it was resolved to monitor and review whether the modifications to the parking arrangements in the area were appropriate. A review of the parking conditions in Sherwood Road, Eaglemont and Studley Road, Ivanhoe, between Carn Avenue and Waldemar Road has been undertaken and further parking concerns in Sherwood Road, Eaglemont, between Thoresby Grove and Ashby Grove are being investigated. RECOMMENDATION That Council: 1.

Notes that the existing parking restrictions in Studley Road, Ivanhoe, between Carn Avenue and Waldemar Street are considered appropriate and, at this stage, do not require to be modified.

Notes that the paid parking fee has been reduced to $2 per day in Sherwood Road, Eaglemont.

Review the use of paid parking spaces in Sherwood Road, Eaglemont, and the parking in Studley Road, Ivanhoe, between Carn Avenue and Waldemar Street in 12 months.

Undertakes further investigation to determine whether to introduce indented parking on the south side of Sherwood Road, Eaglemont, between Thoresby Grove and Ashby Grove.

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OPERATION OF PAID PARKING IN SHERWOOD ROAD, EAGLEMONT, AND THE PARKING IMPACT ON STUDLEY ROAD, IVANHOE cont’d 5.

Advise the primary petitioner (petition received by Council in relation to impact of paid parking introduced in Sherwood Road, Eaglemont, in February 2016) of the above resolution.

CITY PLAN This report is in line with Council’s City Plan key direction to “support sustainable transport”. BACKGROUND A petition with 65 signatures was received from residents of Eaglemont and Ivanhoe, requesting the review of the need for the paid parking system introduced in Sherwood Road, Eaglemont, in February 2016. They were concerned about the impact this would have to parking in Studley Road, Ivanhoe. The section of Studley Road to which the petition referred to and the area where paid parking was installed in Sherwood Road are shown in Figure 1.

Figure 1: Location of Sherwood Road paid Parking and Studley Road Parking The petition report was considered by Council at its meeting on 4 April 2016. At the meeting it was resolved: “That Council: 1.

Receive and note the petition.

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OPERATION OF PAID PARKING IN SHERWOOD ROAD, EAGLEMONT, AND THE PARKING IMPACT ON STUDLEY ROAD, IVANHOE cont’d 2.

Commence to monitor and investigate the parking levels in Sherwood Road, Eaglemont, and Studley Road, Ivanhoe, and determine whether modifications to the parking arrangements in the area are appropriate.

A further report be presented to Council on the outcome of the parking investigation in the area in six months from the date of this resolution.

Advise the primary petitioner accordingly.”

This report responds to item 3 of the above resolution. LEGAL CONSIDERATION Council’s powers concerning parking are defined under Schedule 11 of the Local Government Act 1989, which allows for Council to fix, rescind or vary:  

As such, there are no legal implications for Council in relation to introducing or modifying parking restrictions in the streets, including paid parking systems. HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. DISCUSSION Sherwood Road Paid Parking The paid parking system was implemented in Sherwood Road in February 2016. This section includes 13 parking spaces and is serviced by one machine. The fees were initially set at $1 per hour and up to $5 per day. Several observations were undertaken in Sherwood Road in the last few months to determine the level of use of the paid parking spaces. It was determined that there was a low occupancy level (15%), and that at the most, four vehicles were parked at any time.

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OPERATION OF PAID PARKING IN SHERWOOD ROAD, EAGLEMONT, AND THE PARKING IMPACT ON STUDLEY ROAD, IVANHOE cont’d In addition to the site observations, the transactions registered by the ticket machines provide an indication of the number of vehicles that have utilised the paid parking area. The number of transactions at this location for each month since the installation is provided in Table 1. Table 1 – Number of Transactions per Month Apr-16

May-16

Jun-16

Jul-16

Aug-16

Sep-16

Consistent with the observations, the recorded transactions indicate that the overall usage is low, with an average one to two vehicles per day paying to park. The low usage of the parking spaces where the paid parking system currently operates in Sherwood Road is consistent with many other locations around the municipality when paid parking systems were introduced. Initially, there were low occupancy rates observed, however approximately one year after the introduction of paid parking, occupancy rates have increased. General feedback received from residents and commuters is that the daily fee is too high and that more people would use the paid parking if the fee was lower or removed. In consideration of the above, the daily fee has recently been reduced to $2 per day. Hourly charge of $1 per hour has been retained. It is considered appropriate to review the use of paid parking in Sherwood Road, in 12 months. As 13 parking spaces in Sherwood Road, Eaglemont, was converted to paid parking, and on average two vehicles per day were using these spaces, it could be assumed that the demand for parking has increased by approximately 11 vehicles in the surrounding street network following the introduction of paid parking. Residents have indicated that some of these vehicles have relocated to the railway side verge further southwest. Parking on the Railway Side Concerns have been raised in relation to parking occurring in Sherwood Road between Thoresby Grove and Ashby Grove, on the south side (railway side) of the street. Commuters are currently parking on the grass area, off the carriageway. Residents have raised concerns regarding the unsightly condition which the strip of land is currently in. Given the parking demand in the area and the available space, there is an opportunity for formalised indented parking bays to be considered in this location. This section of land is southwest of the 13 paid parking spaces, which are indented. As such, formalising parking in this section of road will be a continuation of the existing indented parking, and will be suitable for the characteristics of the area. The provision of formalised car parking at the proposed location would address the unsightly verge issue, would be relatively easy to deliver, and would be well utilised and serve to encourage more people to use public transport for at least part of the trips.

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OPERATION OF PAID PARKING IN SHERWOOD ROAD, EAGLEMONT, AND THE PARKING IMPACT ON STUDLEY ROAD, IVANHOE cont’d Given the above, it proposed that an investigation is undertaken to determine the number of indented parking spaces which can be constructed in this section and the cost of implementing this. Parking on the Residential Side Concerns have also been raised in relation to parking occurring in Sherwood Road between Thoresby Grove and Ashby Grove, on the north side (residential side) of the street where there are approximately 14 unrestricted parking spaces available. Generally, most of these spaces are taken up by commuters. Residents have raised concerns in relation to short term parking availability and difficulty in accessing driveways in this section of the street. A community consultation survey is being organised to determine if there is majority support to proceed with 2-hour parking restrictions between ‘8AM - 6PM, Mon - Fri’. Studley Road Studley Road between Carn Avenue and Waldemar Road (refer to Figure 1) is 185m in length and can accommodate approximately 70 vehicles alongside the north and south kerbs. Parking in this section is unrestricted apart from a short length (about ten spaces) of 2-hour parking on the south side, west of Sherwood Road. While the number of vehicles relocated by the introduction of paid parking represents a low number in relation to the available parking in the area, residents of Studley Road were concerned that this would have an impact on their street. Observations were undertaken throughout the last few months and parking occupancy surveys were conducted in October 2016. Parking occupancy surveys were also undertaken in September 2015, prior to the installation of paid parking in Sherwood Road. Given this, the data can be compared to understand the change in parking in Studley Road, following the paid parking introduction. Figure 2 shows the change in parking occupancy in the street.

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OPERATION OF PAID PARKING IN SHERWOOD ROAD, EAGLEMONT, AND THE PARKING IMPACT ON STUDLEY ROAD, IVANHOE contâ&#x20AC;&#x2122;d

Figure 2: Change in Parking Occupancy in Studley Road, Ivanhoe There is a 7% increase in occupancy in the overall unrestricted parking areas, which is approximately an increase of four vehicles. There is a 30% increase in occupancy in the 2-hour parking zone, which is approximately an increase of three vehicles. It must be noted that the entire increase should not be directly attributed to the paid parking introduction in Sherwood Road, Eaglemont, as naturally parking demand varies over time and three of the additional vehicles being parked are in the 2-hour area. Notwithstanding, the change is not considered to be significant, as on average there were still approximately 19 unrestricted parking spaces and seven 2-hour parking spaces available in this section of the street. Considering the above, it is proposed that the parking restrictions in Studley Road, Ivanhoe between Carn Avenue and Waldemar Road remains as existing. Given further changes to unrestricted parking in Sherwood Road is being considered, it is appropriate to continue to monitor the parking in Studley Road. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

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OPERATION OF PAID PARKING IN SHERWOOD ROAD, EAGLEMONT, AND THE PARKING IMPACT ON STUDLEY ROAD, IVANHOE contâ&#x20AC;&#x2122;d CONCLUSION A petition with 65 signatures was received from residents of Eaglemont and Ivanhoe, requesting the review of the need for the paid parking system introduced in Sherwood Road, Eaglemont, in February 2016. They were concerned about the impact this would have to parking in Studley Road. The petition report was considered by Council at its meeting on 4 April 2016, and resolved partly to determine whether modifications to the parking arrangements in the area were appropriate. Several observations were undertaken in Sherwood Road. It was determined that there was a low occupancy level (15%). As such, daily fee has been reduced to $2 per day at this location. Parking concerns have been raised between Thoresby Grove and Ashby Grove, on both sides of the street. An Investigation is to undertaken to determine the cost of formalising indented parking on the south side of the street and a community consultation survey is being undertaken to determine if majority support is there from the residents to install 2-hour parking restrictions on the north side of the street. Parking occupancy surveys were conducted in Studley Road, between Carn Avenue and Waldemar Road. When comparing this to the parking occupancy surveys undertaken in September 2015, prior to the installation of paid parking in Sherwood Road, there is only an increase of four vehicles in the unrestricted parking areas. Considering the above, it is proposed that the parking restrictions in Studley Road, Ivanhoe between Carn Avenue and Waldemar Road remains as existing. Given further changes to unrestricted parking in Sherwood Road is being considered, it is appropriate to continue to monitor the parking in Studley Road. ATTACHMENTS Nil

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5.8

PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016)

Author:

Amanda Opie - Development Planner, City Development

Ward:

Ibbott

EXECUTIVE SUMMARY The proposal is for the construction of a multi-dwelling development (7 double storey dwellings) and removal of vegetation at 57-59 Bellevue Avenue, Rosanna. A total of five (5) objections were received to the application. The objector concerns relate to the bulk and scale of the proposal, traffic congestion, overlooking, overshadowing, cost of replacing fencing, loss of trees, refuse collection and capacity of existing sewerage. The proposal responds to the relevant policy including Councils Residential Neighbourhood Character Strategy and Clause 55 (ResCode) of the Banyule Planning Scheme and in particular: 

 



The strategic considerations for this site given its size and proximity to the Rosanna shopping strip and the Rosanna railway station distance (approximately 450-600m) combined suggest that it should be viewed as one which is ‘accessible’ having regard to Council’s Residential Areas Framework. On this basis, and the existing neighbourhood character includes a number of multi-dwelling developments immediately to the south, a variation Council’s Neighbourhood Character Strategy is supported. The proposal includes the retention of a large Pin Oak within the front setback of 57 Bellevue Avenue and allows for planting of 1 large and 1 medium canopy tree within the front setback of 59 Bellevue Avenue. A large English Oak is also to be retained at the rear of 59 Bellevue Avenue. No high value trees will be removed and the replacement planting can be achieved throughout the site.

It is considered that the application should be approved and a Notice of Decision be granted subject to conditions that address amongst other things; replacement planting, variation in upper storey building materials, improved turning circles for garages 5 & 6 and the location, lighting and signage of the visitor car space. RECOMMENDATION That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, issue a Planning Permit in respect of Application No. P361/2016 for Construct a multi-unit development - 7 double storey dwellings and removal of vegetation at 57 - 59 Bellevue Avenue ROSANNA subject to the following conditions:

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) contâ&#x20AC;&#x2122;d Plans 1.

Before the development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans submitted with the application but modified to show: (a)

Provision of one (1) large and one (1) medium canopy tree within the front setback of dwelling 1;

(b)

Provision of one (1) medium canopy tree within the SPOS of dwelling 7;

(c)

Provision of one (1) medium canopy tree within the SPOS of dwelling 6;

(d)

Provision of three (3) small canopy trees along the driveway;

(e)

The upper level of dwellings finished in a mixture of render and cladding to break up the building mass;

(f)

Show the location of bin storage for each dwelling located within the SPOS;

(g)

Any meter box enclosure is to be a maximum height of 1.8metres and is to be located to provide minimum intrusion into the TPZ of tree 11;

(h)

Show the turning circles for garages of dwelling 5 and 6 to comply with Clause 52.06 of the Banyule Planning Scheme and provide safe and convenient access/egress from these garages;

(i)

A clearance of at least 300mm provided between the visitor parking space and the adjoining retaining (located adjacent to the western boundary of 57 Bellevue Avenue;

(j)

Provide signage and lighting for the visitor car parking space;

(k)

All structures (including letterboxes, meter boxes, fences and retaining walls) located within the 2m x 2.5m splayed area adjacent to the driveway entrance shall be constructed to a maximum height of 900mm, or relocated clear of the splayed area, to ensure adequate sight distance to pedestrians. The landscaping must also be reduced in height when located within this area;

(l)

Landscaping as required by Condition 2 of this permit;

(m) 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;

(ii)

The connection to the Council nominated legal point of discharge;

(iii)

The outfall drainage works necessary to connect the subject site to the Council nominated Legal Point of Discharge;

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) contâ&#x20AC;&#x2122;d (v)

The integration, details and connections of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Design Assessment and STORM report and include drainage details as a result of landscaping.

(n)

The Tree Preservation Fencing in accordance with Condition 11 of this permit;

(o)

A schedule of external building materials and colours, including details of cladding and roofing materials; the schedule should be presented on a separate sheet and must include colour samples.

(p)

The provision of a rainwater storage tank for each of the dwellings including its location, sizing and a notation of the connections and end use.

(q)

All sustainable design features indicated in the submitted Sustainable Design Assessment (SDA). Where sustainable design features outlined in the SDA cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for heating/cooling systems and plumbing fittings and fixtures, etc.)

(r)

All accessible measure provided for dwelling 1, where measures cannot be visually shown, include notations on the plan.

Tree species and planting locations should be carefully selected to avoid canopy or root conflicts with overhead wires, easements and existing trees;

(b)

The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout the site;

(c)

Provision of formed garden beds with edging around the landscape zone within the front setback to prevent cars parking within those areas

(d)

Planting adjacent to driveways and within landscaping zones to consist of varying heights and species;

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) contâ&#x20AC;&#x2122;d (e)

Provision of replacement planting for vegetation that is to be removed including a minimum of one (1) large canopy trees (mature height of at least 12m) planted at a semi-advanced state (minimum pot size 40 litre) and three (3) medium canopy trees (mature height of at least 812m) planted at a semi-advanced state (minimum pot size 16 litre) and four (4) small canopy trees (mature height of at least 5m) planted throughout the site;

(f)

An indigenous and/or drought tolerant planting theme;

(g)

(h)

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

(i)

Location, details and cross section drawings of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Design Assessment/Sustainable Management Plan and STORM report, with reference to connection details on the engineering plans

General 3.

The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority. (a)

The windows treated with externally fitted privacy screens shall address ResCode Standard B22 Overlooking to the satisfaction of the Responsible Authority. Car Parking / Access

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 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.

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d

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

10.

The development permitted by this permit must not be commenced until a satisfactory Root investigation/Mapping Report is submitted to the Responsible Authority in regards to the suitability of the proposed TPZ intrusion for the dwelling in the vicinity of Tree #11. The Root investigation/Mapping Report must be prepared by a person suitably qualified or experienced in arboriculture, must be prepared in accordance with Section 3.3, AS4970 – Protection of Trees on Development Sites. The Root investigation/Mapping Report will only be endorsed if it demonstrates the suitability of the proposed intrusion to the satisfaction of the Responsible Authority. Note: 

Any design alterations required to suitably reduce the impact of construction on the vegetation in question must be shown on amended construction plans endorsed by the Responsible Authority.



Any additional tree protection measures required to protect the vegetation in question must be instated to the satisfaction of the Responsible Authority prior to the commencement of construction.



The need for subsequent planning approval and/or owner-consent for additional works affecting the vegetation in question must be pursued by the applicant.

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d Tree Preservation Zones 11.

Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works (including demolition) on the site Tree Preservation Zones and associated fencing must be established around Trees #4, #11, #12, #16, #,22 and #23. At least 7 days prior to the commencement of works you must contact Council’s Development Planning Unit on 9457 9808 so that an inspection of the Tree Preservation Fencing can be carried out. Once installed and inspected the Tree Preservation Zones must be maintained until the conclusion of works to the satisfaction of the Responsible Authority, and must meet the following requirements: (a)

Extent Tree Preservation Zones are to be provided to the extent of the calculated Tree Protection Zone (TPZ) where it occurs within the subject property. The fencing can be realigned and suitable ground protection provided to allow the approved construction therein only to the satisfaction of the project arborist and only when approved by the Responsible Authority.

(b)

(c)

Management of works (i)

(ii)

Weed control Any weeds located within the Tree Preservation Zone are to be removed and the area mulched with 100mm of composted coarse grade woodchips

(d)

Fencing (i)

Protective fencing must consist of chain wire mesh panels held in place with concrete feet. Fencing must comply with Australian Standard AS 4687-2007 Temporary fencing and hoardings.

(ii)

The fences must not be removed or relocated without the prior consent of the Responsible Authority.

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d (e)

Signage Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from the City of Banyule”.

(f)

Irrigation The area must be irrigated during the summer months with 10 litres of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a monthly basis during summer (or a percentage thereof equivalent to the percentage of TPZ area occurring within the subject site).

(g)

(h)

Access to Tree Preservation Zone (i)

No persons, vehicles or machinery are to enter the Vegetation Protection Zone except with the consent of the Responsible Authority;

(ii)

No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and re-fuelling of equipment and vehicles must be carried out away from the root zones;

(iii)

No storage of material, equipment or temporary building is to take place within the Vegetation Preservation Zone;

(iv)

Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

Underground Services Any underground service installations transecting a Tree Protection Zone of any retained tree must be bored beneath the entire TPZ to a depth of at least 600mm. Any excavation within the calculated TPZ of a retained tree required for the connection of services must be: (i)

Undertaken after written approval is received from the Responsible Authority; and,

(ii)

Undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees under the supervision of the project arborist.

NOTE: Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9808. Consent for the conduct of further works within a Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that: 

Any further works that are approved are to be supervised by the project arborist, and a written component may be required also;



All root excavation be carried out by hand digging or with the use of ‘Air-Excavation’ techniques;

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d 

Canopy and Limb protection is provided in accordance with the guidelines detailed in AS4970-2009 Protection of Trees on Development Sites.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s. Tree Pruning 12.

Prior to the commencement of works, the project arborist must determine the canopy impact on Trees #11 and #22 in regards to any maintenance pruning or any pruning required to enable a clearance from the adjacent proposed dwellings (including any temporary scaffolding requirements), and advise council’s Development Planning Arborists via email to enquiries@banyule.vic.gov.au marked “Attention - Development Planner” and including the planning application number. Following written approval from the Responsible Authority, all tree pruning must then be carried out by a qualified arborist in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees, and must be restricted to the removal of no greater than 15% of the total live canopy of individual trees unless otherwise agreed in writing by the Responsible Authority. NOTE: Any requirement for excessive pruning may trigger the need for a Section 72 Amendment application in regard to the design of built-form or the retention of a tree.

13.

Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas shown on the endorsed plans must used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced. Time Limits

14.

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

The development is not commenced within two years of the date of this permit;

(b) 15.

The development is not completed within four years of the date of this permit. In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing: (a)

Before the permit expires, or

(b)

Within six months afterwards, or

(c)

Within 12 months afterwards if the development started lawfully before the permit expired.

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d PERMIT NOTES (A)

Expiry of Permit In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy.

(B)

Additional approvals required Building Permit Required A Building Permit must be obtained prior to the commencement of any works associated with the proposed development. Access to Council Reserve No permission can be granted either temporary or otherwise by Council and/or its employees with respect to access to the adjacent Council owned land (including the road reserve) for any purposes relating to the proposal (e.g. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (i.e. Local Law Permit). Supervision of works undertaken on Council Assets 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: 

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. .

Asset Inspection Fee Prior to the commencement of building works on site in accordance with Local Law 1, a non-refundable Asset Inspection Fee is payable to Council for the inspection of existing Council assets. For further information in relation to this process and the relevant fee please contact Council’s Construction Department on 9490 4222.

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d (C)

Ongoing restrictions Tree Protection Zones Requests for the consent or approval of tree protection measures pursuant to Condition 11 should be directed to Council’s Arborist – Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that: 

Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;



All root excavation be carried out by hand digging or with the use of ‘Air-Excavation’ techniques;



Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s. (D)

Action on/for completion Completion of Development Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance. An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay. 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: Dwelling 1 Dwelling 2 Dwelling 3 Dwelling 4 Dwelling 5 Dwelling 6 Dwelling 7

7/57 Bellevue ROSANNA 6/57 Bellevue ROSANNA 5/57 Bellevue ROSANNA 4/57 Bellevue ROSANNA 3/57 Bellevue ROSANNA 2/57 Bellevue ROSANNA 1/57 Bellevue ROSANNA

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Avenue ROSANNA, 59 Bellevue Avenue Avenue ROSANNA, 59 Bellevue Avenue Avenue ROSANNA, 59 Bellevue Avenue Avenue ROSANNA, 59 Bellevue Avenue Avenue ROSANNA, 59 Bellevue Avenue Avenue ROSANNA, 59 Bellevue Avenue Avenue ROSANNA, 59 Bellevue Avenue

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d Residential Noise (spa pump/pool pumps/air-conditioning unit/vacuum unit etc.) The operation of the (spa pump/pool pumps/air-conditioning unit/vacuum unit etc.) shall comply with the Environment Protection (Residential Noise) Regulations 1997. Prohibited times of use as specified by the Regulations are Monday to Friday before 7am and after 10pm & Weekends and public holidays before 9am and after 10pm (if audible from a habitable room of a neighbouring property). The operation of the (spa pump/pool pumps/air-conditioning unit/ vacuum unit etc.) must not cause a Nuisance (as defined under the Health Act 1958). A Nuisance may include issues such as noise, odour or any other thing deemed to be a Nuisance under the Act. It is recommended that the (spa pump/pool pumps/air-conditioning unit/ vacuum unit etc.) is not located within close proximity to neighbouring properties and where practicable, enclosed. (E)

Onsite Water Retention The detention system requirements for this property are as follows: Minimum storage = 11.99 cubic metres  Maximum discharge rate = 13.76 litres per second

(F)

Residential Parking Permits Please also note, Council has adopted a car parking policy and strategy, which will restrict the residents and visitors of new developments from obtaining permits for parking on-street. It is encouraged that developers familiarise themselves with Council’s Residential Parking Permit Policy.

Planning Permit Application:

P361/2016

Development Planner:

Amanda Opie

Address:

57-59 Bellevue Avenue Rosanna

Proposal:

Multi-unit development (7 double storey dwellings) and removal of vegetation

Existing Use/Development:

Single dwellings on both lots

Applicant:

Arkham Design Pty Ltd

Zoning:

General Residential Zone schedule 2

Overlays:

Vegetation Protection Overlay schedule 5

Notification (Advertising):

Sign on site and notices to surrounding properties

Objections Received:

Five (5)

Ward:

Ibbott

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d The development proposes the construction of seven double storey dwellings over two lots. The proposal includes dwellings of various sizes with dwellings 1 and 7 providing four bedrooms, dwellings 2, 3 & 5 providing three bedrooms and dwellings 4 & 6 providing two bedrooms. The proposal provides sufficient car spaces to comply with the scheme; dwellings 1, 2 & 7 include double garages, dwellings 3 & 5 include a single garage with a tandem space and dwelling 4 & 6 include a single garage. A visitor car space is provided adjacent to dwelling 5. The proposed site coverage is 38.73% with impervious site coverage of 56.85%. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. BACKGROUND/HISTORY 59 Bellevue Avenue There have been no previous applications for this site 57 Bellevue Avenue Details of previous planning applications for this site are as follows: 

P500/2013 issued 21/06/2013 allowed for the pruning of the Pin Oak in the front setback and the removal of a Liquidambar in the rear. This permit was not acted upon.

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d Figure 1 – Locality Plan - 57 – 59 Bellevue Avenue Rosanna

SUBJECT SITE AND SURROUNDING AREA The centre of Bellevue Avenue is divided by a planting strip with one way traffic lanes provided on either side of the road. The subject site is located on the high side (east) of Bellevue Avenue. The subject site is made up of two titles at 57 and 59 Bellevue Avenue, the land is currently occupied by a single dwelling on each title. There are no easement of the titles and the site are generally regular in shape. Dimensions of the sites are as follows: North (side) South (side) East (frontage) West (rear)

57 Bellevue Avenue 49.76m 47.55m 18.29m 16.14m

Total site area

836sqm

59 Bellevue Avenue 66.97m 68.05m 15.24m 15.28m 1030sqm

1861sqm

The site is located in a substantially hilly area and is sloping upwards from east to west by approximately 7.8m. Surrounding development includes a mixture of single and double storey dwellings and multi-dwelling developments. Multi-dwelling developments are located to the south of the subject site at 53 Bellevue Ave (4 dwellings) and 49 Bellevue Avenue (5 dwellings).

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d Site area Subject to flooding?

1861m 2 Unlikely

PUBLIC NOTIFICATION It was considered that the proposal may cause material detriment to surrounding properties, and as such public notification was conducted by means of erecting a sign on the site and posting notices to the owners and occupiers of surrounding properties. To date five objections have been received. The grounds of objection are summarised below:         

Double storey dwelling not in keeping with existing neighbourhood character Increase in traffic and parking congestion Overlooking - proposed screens will not prevent overlooking due to the slope of the land, concerned about ground floor windows and deck and potential overlooking over fence Overshadowing Concerned about replacing side fences including the cost and loss of vegetation Continuous building bulk with minimal side setbacks to provide screen planting Loss of trees will result in loss of existing screen planting and local habitat Concerned about waste collection along the street (14 bins), commercial contractor for waste collection would be appropriate Current sewerage has not been designed for multi-unit development

REFERRAL COMMENTS ENGINEERING

SERVICES

Council’s Engineering Services Section has reviewed the proposal and raised no major concerns. Formal comments are available on file. Standard conditions relating to access, parking areas and drainage requested should be included on any approval issued. DEVELOPMENT PLANNING ARBORIST Council’s Development Planning Arborist has advised that the proposal can be supported from an arboricultural perspective subject to:  

Provision of a root investigation / mapping report for Tree #11; and Provision of a landscape plan that shows an additional three medium or large canopy trees located in accordance with the Banyule Tree Planting Zone Guidelines 2011.

It was noted that Planning permit P500/2013 was issued for the removal for Tree #29 (liquidambar) in this application. This permit was not enacted.

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d PLANNING CONTROLS Permit triggers for the proposal include: Table 1: Planning Controls Control General Residential Zone schedule 2 Vegetation Protection Overlay schedule 5 Car Parking ResCode

Clause 32.08-4 42.02 52.06 55

Permit Triggered Yes Yes No No

Relevant policies considered in the assessment of this proposal are outlined in Table 2 below: Table 2: Relevant Planning Scheme Policy Policy State Planning Policy Framework Settlement Built Environment and Heritage (including sub clauses) Housing (including sub clauses) Local Planning Policy Framework Land Use Built Environment (Incremental area) Local Places Residential Neighbourhood Character – Garden Suburban Precinct 2 Safer Design Policy

Clause 11 15 16 21.04 21.06 21.08 22.02 22.03

A detailed planning assessment of the proposal is included in Attachment 2 – Additional Background Information. TECHNICAL CONSIDERATION Strategic Location of Site Although the Residential areas framework plan with the Municipal Strategic Statement (Clause 21.06-2) identifies the subject site as an ‘Incremental’ area, the subject site is located within convenient walking distance (approximately 450-600m) from the Rosanna shopping strip and the Rosanna railway station. Given the size of the site, it could also be considered as a strategic redevelopment site as outlined in Clause 21.06-2. The proposal provides a range a dwelling types (2 – 4 bedrooms) with one of the dwellings designed to address Council’s Liveable Housing Guidelines providing accessible living for people with low mobility. It is considered that the proposal will contribute to the variety of housing stock available within the municipality and is consistent with Council’s policies to promote greater density living around activity centre and transport nodes. It is also noted that there are a number of exiting multi-dwelling developments to the south of the site. Considering this and the above strategic merits of this site, it is considered that a variation with regard to the design responses set out in the Neighbourhood Character Strategy outlined below.

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d Neighbourhood Character The design of the proposed seven dwelling development includes face brickwork at ground level and rendered walls on the upper level of varying colours. To help break up the building mass it is proposed to place a condition on the permit requiring the upper level to be finished in a mixture of render and cladding. The dwellings are provided with eaves and low pitched rooflines. The proposed palette of colours and materials is in keeping with the surrounding area. The proposal has been design to obtain access from a single crossover which enables extensive planting within the front setback including the planting of 1 large and 1 medium tree within the front setback of dwelling 1 and the retention of tree #22 (18m high Pin Oak) within the front setback of dwelling 7. By providing a central driveway which provides access to all dwellings, the extent of hard standing area is kept to a minimum and the proposal achieves a site coverage of 38.73%. The proposal meets the planting ratio of 1:400sqm for sites within a Garden Suburb Precinct 2, which requires the provision of four large to medium trees. Generally upper level walls are recessed from the ground floor, with some limited sheer walls throughout the development. The extent of sheer walls is considered to be acceptable due to proposed setback, opportunities for screen planting or the sheer walls being screened by the development itself. The local policy requires separation between dwellings. Physical separation is provided between dwellings 3 and 4 at the rear of the site. Upper level separation is provided between all dwellings except dwellings 2 and 3 which share a party wall. Variation to this design response is supported on the basis that a 38.73% site coverage is achieved with the development achieving the 1:400 planting ratio (4 trees required) by retaining trees #11 and #22, planting a large and medium canopy tree within the front setback of dwelling 1 and other medium to small canopy planting to be achieved throughout the site. The breakup of building mass is also achieved by using low profile flat roof garages between dwellings, variation in materials and finishes of the upper storey and the general recess of upper levels. It is considered that conditions of any approval granted should include the requirement to plant 1 large and 1 medium canopy tree within the front setback of dwelling 1 and two medium canopy and three small canopy trees planted throughout the site. The proposed development makes a positive contribution to the desired neighbourhood character, including opportunities for tree protection and planting. Objector’s Concerns Increased traffic and parking The proposed development is providing the recommended number of parking spaces on site as outlined within Clause 52.06 of the Banyule Planning Scheme. In addition to this, the application was referred to Council’s Engineering Department who did not raise concerns with respect to traffic congestion. The average dwelling generates approximately 10 vehicle movements per day and the additional dwelling’s traffic would not be significant in the street and neighbourhood context.

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PROPOSED MULTI-DWELLING DEVELOPMENT AT 57-59 BELLEVUE AVENUE ROSANNA - (P361/2016) cont’d Increased dirt, dust, trucks and mess during construction phase This is a short term amenity issue that cannot be considered given that once a development has been completed, the issue is no longer relevant. Furthermore, the same issue would be present if the existing dwelling was demolished and a new single dwelling constructed that would not require planning approval. Noise and dust in the short term are matters which are controlled by Council’s Local Laws and Environmental Health Units and through the building regulations. Refuse Collection The combined frontage of the two titles to Bellevue Ave is 33.53m wide. There are no parking restrictions or bus stops in front of either property. It is considered that the width of the joint properties provides a sufficient area for the occupants of the seven (7) dwellings to locate their bins on the kerb for refuse collection by Council. In this instance it is considered that private refuse collection is unnecessary. Drainage The applicant will need to submit drainage plans prepared by a qualified drainage engineer to Council’s Drainage Engineers for approval. These plans will need to comply with Council’s drainage standards, including a detention system as specified by Council’s Drainage Engineers. Fencing It is not proposed to alter existing fencing along the north or south side boundaries. No change in fencing is proposed along the rear western boundary of 57 Bellevue Avenue. A new 1.8m high fence is proposed along the rear (western) boundary of 59 Bellevue Avenue to ensure that the boundary follows the title boundary. Currently a fence in this location has extended to include a rear easement which is located outside the property boundary. Council’s Property Services Section have advised that as the easement is not in the ownership of 59 Bellevue Avenue, so fencing should not be extended to include this area. Should the owner of 59 Bellevue Avenue wish to apply to Council to seek ownership of this land, this would need to follow the normal processes. CONCLUSION The proposed development is consistent with State and Local Planning Policies, including Council’s Residential Neighbourhood Character Policy and complies with Clause 55 of the Banyule Planning Scheme. As such, the application should be supported with appropriate conditions. ATTACHMENTS No.

Title

1 2

57-59 Bellevue Avenue Rosanna - Advertised Plans 57-59 Bellevue Avenue Rosanna - Additional Background Information

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5.9

BANYULE PLANNING SCHEME AMENDMENT C110 - CONSIDERATION OF PANEL RECOMMENDATIONS

Author:

Anne North - Senior Strategic Planner, City Development

EXECUTIVE SUMMARY Council has received the Panel Report for Banyule Planning Scheme Amendment C110 for the review of Precincts 2, 5 and 6 of the Greensborough Structure Plan. A copy of the Panel Report is available in Attachment 1. The Panel Report considers submissions referred to the Panel and makes recommendations for the C110 proposal. The Panel Report concluded that the Amendment is soundly based and the proposed planning scheme changes advanced by the Amendment are supported, subject to some minor refinements. These recommended refinements are outlined in Attachment 2. In order to meet the requirements of Section 26(1) of the Planning and Environment Act 1987, this report recommends making the Panel Report publicly available and outlines a process to further consider the Panel’s recommendations. The Planning Scheme Amendment documents have been revised in accordance with the recommendations of the Planning Panel and are available in Attachment 3. For consistency, refinements have also been made to the Urban and Landscape Design Guidelines for Precinct 2, 5, and 6 of the Greensborough Activity Centre and are available at Attachment 4. RECOMMENDATION That Council: 1.

Make the Panel Report for Banyule Planning Scheme Amendment C110 publicly available.

Adopt the amended Greensborough Activity Centre – Urban and Landscape Design Guidelines for Precincts 2, 5 and 6, November 2016.

Adopt Planning Scheme Amendment C110 consistent with the changes recommended in the Report of the Panel, 17 October 2016.

Request the Minister for Planning’s approval for Amendment C110 to revise the planning scheme controls for Precincts 2, 5 and 6 of the Greensborough Activity Centre.

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BANYULE PLANNING SCHEME AMENDMENT C110 - CONSIDERATION OF PANEL RECOMMENDATIONS cont’d CITY PLAN This report is in line with Council’s City Plan key direction to “strengthen local activity and employment areas”. BACKGROUND In February 2014 Council resolved to review the Greensborough Structure Plan by re-examining the development guidelines for Precincts 2, 5 and 6 and translating them into better controls in the planning scheme. The purpose of the review was to strengthen the ‘Vision’ for the Activity Centre with clearer guidelines for development in these precincts. A review of Precincts 2, 5 and 6 has been completed and the Greensborough Activity Centre – Urban and Landscape Design Guidelines for Precincts 2, 5 and 6 (the Guidelines) were adopted by Council on 30 November 2015. Banyule Planning Scheme Amendment C110 proposes to translate the reviewed guidelines into planning scheme provisions, with changes to the schedule to the Activity Centre Zone (ACZ). These changes were publicly exhibited from 22 March to 3 May 2016. Nine submissions raising issues or requesting changes were received. Seven submissions supporting the Amendment were received. At its meeting on 30 May 2016 Council resolved to refer any unresolved submissions remaining after 30 June 2016 to an Independent Planning Panel. The key issues raised in submissions concerned:       

The preferred maximum heights and proposed setback controls within Precinct 6. References to pedestrian links in Precinct 6. Matters of traffic and car parking in Warwick Road in Precinct 5. Pedestrian safety throughout the centre and in particular in Grimshaw Street near WaterMarc aquatic centre. The proposed car parks. Inclusion of the Environmental Significance Overlay Schedule 4 for three properties in Warwick Road Removal of the Vegetation Protection Overlay Schedule 5 from two properties in Howard Street.

LEGAL CONSIDERATION Under Section 26(1) of the Planning and Environment Act 1987, Reports to be Made Public; (1)

The planning authority may make the panel's report available at its office during office hours for any person to inspect free of charge at any time after the planning authority receives the report and must make it so available forthwith if— (a) (b)

The planning authority has decided whether or not to adopt the amendment; or 28 days have elapsed since it received the Panel's Report.

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BANYULE PLANNING SCHEME AMENDMENT C110 - CONSIDERATION OF PANEL RECOMMENDATIONS cont’d HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. DISCUSSION A Directions Hearing was held on 5 August 2016 and a Panel Hearing was held on 2 September 2016. The Panel noted that a number of submissions raised issues outside the scope of the Amendment, including: traffic and parking within the activity centre, pedestrian safety, need for streetscape improvements and ‘greening’ of the activity centre and questioning the need for public carparks being constructed. As these issues are outside the scope of the Amendment, the Panel did not comment on these matters. The Panel instead dealt with issues under the following headings:      

Planning context Building height Pedestrian linkages in Precinct 6 Setbacks Vegetation Protection Overlay Schedule 5 Activity Centre Zone Schedule 1

The Panel reviewed Council’s response to the Strategic Assessment Guidelines as part of the Explanatory Report and concluded that the Amendment is supported by, and implements, the relevant sections of the State and Local Planning Policy Framework. The Panel remarked that the Amendment is well founded and strategically justified and should proceed subject to some minor revisions to the wording of the schedule. Despite assertions of some submitters that the Amendment did not go far enough in terms of building heights, the Panel concluded that the proposed preferred maximum building heights for Precincts 2, 5 and 6 are sound and should not be altered. The proposed building heights will allow for significantly greater density of development in parts of the Activity Centre, particularly Precinct 6. The discretionary heights will allow some scope for variation, subject to meeting the general and detailed objectives and guidelines of the Precinct.

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BANYULE PLANNING SCHEME AMENDMENT C110 - CONSIDERATION OF PANEL RECOMMENDATIONS cont’d The Panel questioned whether the pedestrian links assist in the delivery of a better level of pedestrian connection throughout the centre and to the train station or whether they are unnecessarily restrictive on future development within Precinct 6 as asserted by a submitter. The pedestrian linkages were introduced through Amendment C82 in February 2013 that translated the controls in the Activity Centre into the ACZ. The Panel concluded that both of the pedestrian links as shown through Precinct 6 do not provide a net community benefit and should be removed. The most substantial change recommended by the Panel was the deletion of the 3 metre setback along the service lane in Precinct 6. The intention of this setback was to support the greening of the Precinct by supporting the retention of existing vegetation and encouraging further landscaping. The setback was also intended to achieve a separation between buildings. The Panel did not consider that the requirement for a 3 metre setback from the service lane was necessary. This is not to say that in designing future development, a setback may be desirable for functional landscaping or amenity reasons. This should be assessed on a case by case basis. The Panel identified a number of minor drafting errors within the exhibited version of the Activity Centre Zone Schedule that should be corrected. There are also a number of minor edits that should be made to the Schedule to improve consistency and clarity. The Panel’s suggested changes do not transform the amendment or materially impact on any party. The Panel took Council and the other parties through the suggested changes at the hearing and all were agreeable to the refinements as outlined in Attachment 2. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter. CONCLUSION The Planning Panel recommended various refinements to Planning Scheme Amendment C110. Since receiving the Report of the Panel work has been done to update the Urban and Landscape Design Guidelines for Precincts 2, 5 and 6 of the Greensborough Activity Centre and Planning Scheme Amendment documents in response to the Panel’s recommendations. The Urban and Landscape Design guidelines and Planning Scheme Amendment C110 are now ready for final adoption. Doing this will position Council to send the adopted Plan and Amendment to the Minister for Planning for final approval. Approval by the Minister would lead to Gazettal of these changes and an improved Banyule Planning Scheme.

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BANYULE PLANNING SCHEME AMENDMENT C110 - CONSIDERATION OF PANEL RECOMMENDATIONS cont’d ATTACHMENTS No.

Title

1 2 3 4

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

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5.10

44 TURNHAM AVENUE, ROSANNA PROPOSED SUPERMARKET VCAT REVIEW PREPARATION (P1260/15)

Author:

Andy Wilson - Development Planning Team Leader, City Development

Previous Items Council on 27 June 2016 (Item 4.3 - 44 Turnham Avenue, Rosanna - Proposed Supermarket (P1260/15)) EXECUTIVE SUMMARY An application for review has been lodged at the Victorian Civil and Administrative Tribunal after Council issued a Notice of Decision to Grant a Planning Permit for the use and development of a Woolworths Supermarket with under croft car parking together with a reduction in onsite car parking and removal of one tree at 44 Turnham Avenue, Rosanna, and the adjoining road reserve. Following further assessment of two trees (Trees 2 and 7) within Turnham Avenue immediately abutting the subject site it is considered that the design modifications required to the building for retention of the trees would be severe and that from an arboricultural perspective there is no merit in retaining the trees. As such, the streetscape concept plan for Turnham Avenue will not include retention of the trees. However, it is also considered that there may be opportunity to reach agreement on a suitable outcome for the proposal at the VCAT compulsory conference on 28 November 2016 and that officers should be delegated the authority to negotiate a suitable outcome on behalf of Council. RECOMMENDATION That Council: 1.

Acknowledge that the Trees (known as tree 2 and 7) within the Turnham Avenue Road Reserve immediately abutting the subject site cannot feasibly be retained within the streetscape without severe modifications as part of the proposed supermarket development at 44 Turnham Avenue, Rosanna, (Notice of Decision to Grant a Planning Permit No. P1260/2015) and note that the trees are not shown for retention in the draft streetscape concept plan for Turnham Avenue.

Delegate authority to Council Officers to negotiate a suitable outcome on behalf of Council for the proposed supermarket development at 44 Turnham Avenue, Rosanna (Notice of Decision to Grant a Planning Permit No. P1260/2015) at the VCAT compulsory conference on 28 November 2016.

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44 TURNHAM AVENUE, ROSANNA - PROPOSED SUPERMARKET VCAT REVIEW PREPARATION (P1260/15) cont’d APPLICATION FOR REVIEW AT VCAT Council issued a Notice of Decision to Grant a Planning Permit No. P1260/2015 for Use and Development of the land for the construction of a supermarket, liquor license (packaged liquor), reduction in car parking and associated vegetation removal at 44 Turnham Avenue, Rosanna on 27 June 2016. The Notice of Decision included a number of proposed conditions. A copy of the Notice of Decision is included at Attachment 1. There have been a number of reviews lodged at the Victorian Civil and Administrative Tribunal in relation to the decision. These are as follows: 

A number of reviews lodged by objectors against the decision to approve the development;



A review lodged by Woolworths Ltd in regard to a number of conditions, namely, condition 1(a), 1(b), 1(c), 1(d), 1(e), 1(f), 1(j), 2, 3, 5(a), 6(b), 11 and 12.

The reviews which have been lodged including the grounds for review are included as Attachment 2. Woolworths Ltd have also sought to amend the application to include permission to remove native vegetation pursuant to Clause 52.17 of the Banyule Planning Scheme and also include the road reserve adjoining the subject site in the land description. These amendments are technical in nature and do not alter the substance of what has been proposed in any way. The review (VCAT reference P1755/2016) is set for a full hearing on 1 February 2017 for 3 days with the matter to first be considered at a compulsory conference involving all parties on 28 November 2016. The compulsory conference provides an opportunity for issues to be resolved between the parties with a potential for an agreed outcome. If this occurs, then the full hearing will not be required on 1 February 2017 and VCAT will issue an order outlining the agreed decision. There are a number of matters which should be considered further by Council prior to the compulsory conference so that there is an opportunity to reach an agreed outcome. In particular, there have been further assessments undertaken on the trees within the Turnham Avenue Road Reserve. PROPOSAL (AS OUTLINED IN THE PLANNING APPLICATION) Planning Permit Application:

P1260/15

VCAT Reference Number:

P1755/2016

VCAT Hearing Date:

1 February 2017 (3 days)

VCAT Compulsory Conference Date:

28 November 2016

Development Planner:

Andy Wilson

Address:

44 Turnham Avenue ROSANNA and adjoining Road Reserve

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44 TURNHAM AVENUE, ROSANNA - PROPOSED SUPERMARKET VCAT REVIEW PREPARATION (P1260/15) contâ&#x20AC;&#x2122;d Proposal:

Use and Development of the land for the construction of a supermarket, liquor license (packaged liquor), reduction in car parking and removal of one tree

Existing Use/Development:

Office (Council Service Centre)

Applicant:

Woolworths Ltd

Zoning:

Commercial 1 Zone, Mixed Use Zone

Overlays:

Vegetation Protection Overlay (VPO5) to part of the site

Notification (Advertising):

Sign on site and notice to surrounding properties

Objections Received:

129

Ward:

Ibbott

The proposal as outlined in the original application to Council is for the dem olition of the existing office building and to construct a part two storey supermarket with basement car parking. The proposal to use the land for a supermarket does not require permission under the Commercial 1 Zone (where the supermarket will be constructed), however a portion of the site is zoned Mixed Use Zone where permission is required for the use of the land for a supermarket (the land where the car park will be constructed). The proposal also includes a liquor license for packaged liquor. The supermarket will be used during the hours of 7am to 12am daily. Packaged liquor was proposed by the applicant to be sold during the hours of 9am and midnight although the conditions on the Notice of Decision to Grant a Planning Permit issued by Council restrict the packaged liquor opening hours. The new under croft/basement car park will include 64 car parking spaces in addition to the 22 existing at grade spaces at the rear of the site, giving a total of 86 on site car parking spaces. The 12 car parking spaces abutting the rear of the library do not form part of this application as they are located on the land at 72 Turnham Avenue (Rosanna Library site). It is proposed to remove a number of trees from the site and adjoining land at 72 Turnham Avenue (Library). Tree 2 is the only tree proposed to be removed which requires a permit and is located within the Turnham Avenue road reserve as is tree 7 although conditions included on the Notice of Decision to Grant a Planning Permit propose consideration of retention of these trees. Table 2 below describes the retention value of trees on site and at 72 Turnham Avenue as outlined in the report to Council at the time of the decision. The table also indicates whether trees are proposed to be removed or retained: Tree

Name

Height

Eucalyptus sideroxylon Eucalyptus camaldulensis Eucalyptus camaldulensis

Retention value High

16 16

3 4

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Location

Protected?

Retained?

Yes

Very High

Road Reserve On site

High

On site

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44 TURNHAM AVENUE, ROSANNA - PROPOSED SUPERMARKET VCAT REVIEW PREPARATION (P1260/15) cont’d 5 7 11 13 16 17 18 29 30 33 59

Eucalyptus camaldulensis Eucalyptus leucoxylon Grevillea robusta Eucalyptus camaldulensis Casuarina cunninghamiana Casuarina cunninghamiana Casuarina cunninghamiana Quercus robur Eucalyptus melliodora Populus nigra ‘Italica’ Eucalyptus camaldulensis

High

On site

Moderate

High

Road Reserve Library

High

On site

High

On site

High

On site

High

On site

14 16

Very High High

On site

No No

Yes Yes

High

On site

High

Library

Table 1 In addition, three trees have been identified to the rear of the land at 72 Turnham Avenue (Library site) which will not be impacted by the proposal although two of them are marked for removal on the plans considered by Council. A condition was included on the Notice of Decision to Grant a Planning Permit requiring the plans to be amended to reflect their retention. These trees are outlined in table 2 below: Tree

Name

Common name

Height

Eucalyptus camaldulensis Angophora costata Corymbia citriodora

River Red Gum

Retention value High

Sydney Apple Gum

High

Lemon Scented Gum

High

39 41 Table 2

A full copy of the advertised plans considered by Council is included as Attachment 3. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

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44 TURNHAM AVENUE, ROSANNA - PROPOSED SUPERMARKET VCAT REVIEW PREPARATION (P1260/15) cont’d BACKGROUND/HISTORY The planning application was lodged by Woolworths, who have entered into a contract to purchase the land from Council under their property division Fabcot Pty Ltd. The Council will be relocating its administrative offices to a new building under construction at Greensborough early in 2017. In order to facilitate the move and subsequent sale of the Rosanna Site, Council undertook a number of key steps which included: 1. 2. 3. 4. 5.

Rezoning of the land to Commercial 1 Zone and Mixed Use Zone; Undertaking an Expression of Interest process for the sale of the land; Subdivision of the land and establishment of easements; Public Notice of Council’s Intention to sell the land and commitment to sell; Committing to undertake car parking and pedestrian access works in the vicinity of the library and Heidelberg Theatre as part of the sale of the land; Commencement of the new offices to accommodate Council staff at One Flintoff, Greensborough.

A more detailed outline of each of these steps is included in the report to Council on 27 June 2016. In response to the assessment of the planning application submitted and included in the report to Council on 27 June 2016, Council resolved to issue a Notice of Decision to Grant a Planning Permit No. P1260/2015 for Use and Development of the land for the construction of a supermarket, liquor license (packaged liquor), reduction in car parking and associated vegetation removal at 44 Turnham Avenue, Rosanna and adjoining road reserve. Council also resolved to: i.

Finalise plans for the provision of car parking and pedestrian access associated with the Rosanna Library and confirm timing for implementation having regard to the redevelopment of the Rosanna Service Centre site at the appropriate time.

ii.

A streetscape concept plan is prepared for Turnham Avenue from Lower Plenty Road through to Station Street which provides for a future high quality streetscape taking account of the pedestrian environment, incorporates appropriate pedestrian crossing points, landscaping, on street car parking, bus zones and disabled car parking. The plan needs to take into consideration the proposed plan for the level crossing removal and new Rosanna Station and is to consider the opportunity to retain trees 2 and 7 in the Turnham Avenue Road reserve.

iii.

A proposal is developed for identification signage which may include an illuminated changeable message sign and landscaping works in the front setback and streetscape in front of the Heidelberg Theatre for implementation as part of the streetscape improvement works in Turnham Avenue.

LEGAL CONSIDERATION This matter is now before the Victorian Civil and Administrative Tribunal. Decision and actions by Council must be in accordance with the relevant provisions of the Planning and Environment Act 1987 and VCAT Act.

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44 TURNHAM AVENUE, ROSANNA - PROPOSED SUPERMARKET VCAT REVIEW PREPARATION (P1260/15) contâ&#x20AC;&#x2122;d SUBJECT SITE AND SURROUNDING AREA The subject site is currently occupied by a part three storey building used as an office of Banyule City Council. It is sited on the eastern side of the Hurstbridge rail line, opposite the Rosanna Railway Station and is abutted by the Rosanna Library to the north and Heidelberg Theatre Company to the south. The site has two frontages, one to Turnham Avenue and one to Douglas Parade. The site contains a car park to the north east of the office building with access from Douglas Parade and a car park to the west with access from Turnham Avenue. These car parks are currently used by staff and customers of Banyule City Council. A small portion of the subject site to be developed is owned by Melbourne Water and part of a larger parcel known as 32 Station Road Rosanna. This is located along the eastern boundary in the southern portion of the site. It is 3.5 metres wide, approximately 47 metres long and 161m 2 in area.

Figure 1: Locality Plan

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44 TURNHAM AVENUE, ROSANNA - PROPOSED SUPERMARKET VCAT REVIEW PREPARATION (P1260/15) cont’d PLANNING CONTROLS The site is located partly within the Commercial 1 Zone and partly within the Mixed Use Zone, within which the Neighbourhood Character Policy does not apply. Details of the relevant planning controls and State and Local Policy requirements are contained in Attachment 1 of this report. Table 3 summarises the relevant planning controls including which trigger the need for planning permission: Control

Permit triggered?

Commercial One Zone – Schedule 1 Mixed Use Zone Vegetation Protection Overlay Clause 52.06: Car parking Clause 52.07: Loading and Unloading of Vehicles Clause 52.17: Native Vegetation

Yes Yes Yes Yes Yes No (Applicant now indicates possibly “yes”) No

Clause 52.34: Bicycle Facilities Table 3 TECHNICAL CONSIDERATION ASSESSMENT

T REES

WITHIN

T URNHAM AVENUE (T REES 2 AND 7)

The proposed development as shown on the plans submitted by Woolworths Ltd with the application showed the removal of Trees 2 and 7 which are within the Turnham Avenue Road Reserve. The tree assessment summary table considered by Council when making the decision indicated the following in relation to the trees: Tree

Name

Height

Eucalyptus sideroxylon Eucalyptus leucoxylon

Retention value High

Moderate

Location

Protected?

Retained?

Road Reserve Road Reserve

Yes

In it’s decision, Council required a review of these trees to consider the possibility of retaining them as part of the future streetscape plan. If the trees are to be retained, then there would need to be modifications to the proposed supermarket development. The intention of Council is outlined in the following conditions: 1.

Before the use development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans submitted with the application but modified to show: c.

The entry to the supermarket relocated, if required, to facilitate the streetscape works shown on the streetscape plan in 1(b) which may include the retention of trees 2 and 7;

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44 TURNHAM AVENUE, ROSANNA - PROPOSED SUPERMARKET VCAT REVIEW PREPARATION (P1260/15) cont’d e.

Tree protection consistent with an updated arborist report which makes recommendations as to construction techniques to minimise impact to trees 2 and 7 (where retained on the streetscape plan for Turnham Avenue) and may include an exploratory dig to confirm the extent of root mass that will be lost as a result of the development;

As outlined earlier in this report Council also resolved to prepare a streetscape plan for Turnham Avenue which is in part to consider the opportunity to retain trees 2 and 7 in the Turnham Avenue Road reserve. To assist with the preparation of the streetscape plan and to understand the potential for retention of the two street trees abutting the site (trees 2 and 7) a consultant arborist was engaged. The consultant arborist report is included as attachment 4. A further review of the consultant arborist report and the trees has also been prepared by Council’s Development Planning Arborist and is also included in attachment 4. The consultant arborist report concluded that both trees were worthy of retention with a higher preference for retention of tree 2 but also indicated that there would need to be significant setback of the building required and therefore substantial modifications to the building design. Council’s Development Planning Arborist has taken a more critical view of the trees, raising concern about the structure of tree 2 in particular and questioning it’s useful life expectancy and therefore does not rate the tree as having a high retention value. Both the consultant arborist and Council’s arborist indicate that Tree 7 does not have a high retention value either and it is accepted that its amenity value could easily be replaced in the medium term. The conclusion reached by Council’s Development planning Arborist is that: The design modifications required to enable the retention of Tree #2 are severe. Given that the these modifications would neither ensure the long-term retention of Tree #2 given its current condition, nor – in the event of Tree #2’s future removal – improve the capacity for replacement planting of a large replacement tree in the existing nature strip, there appears to be no long-term arboricultural benefit to pursuing such modifications. Whilst the design modifications required to enable the retention of Tree #7 are less severe, its condition is such that the arboricultural merit of such modifications are still very limited. On the basis of the arboricultural advice received, the trees have not been included for retention in the draft streetscape concept plan prepared for Turnham Avenue (See separate report to Council at this meeting). In effect, this means that conditions 1 (c) and (e) will therefore become redundant even if they remain as part of a permit outcome if directed by VCAT. However, for the benefit of clarity there is merit in these conditions being modified as sought by Woolworths Ltd. This may be able to be achieved at the compulsory conference or if not possible then at the full hearing.

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Place â&#x20AC;&#x201C; Sustainable Amenity and Built Environment

44 TURNHAM AVENUE, ROSANNA - PROPOSED SUPERMARKET VCAT REVIEW PREPARATION (P1260/15) contâ&#x20AC;&#x2122;d OTHER CONDITIONS There are a number of other conditions which Woolworths Ltd is appealing against. Many of the conditions have been included to address amenity impacts on nearby properties and further refine some of the finer design details. None of the conditions relate to substantial redesigns of the proposal. There may be an opportunity to reach a mutually agreed outcome on many of these conditions or other matters raised by the objectors through a negotiated process with the objecting parties to the VCAT review and the applicant at the compulsory conference on 28 November 2016. CONCLUSION The proposed supermarket is supported by Council as outlined in the Notice of Decision to Grant a Planning Permit issued following the Council decision on 27 June 2016. Following further assessment of two trees (Trees 2 and 7) within Turnham Avenue immediately abutting the subject site it is considered that the design modifications required to the building for retention of the trees would be severe and that from an arboricultural perspective there is no merit in retaining the trees. As such the streetscape concept plan for Turnham Avenue has not included retention of the trees. However, it is also considered that there may be opportunity to reach agreement on a suitable outcome for the proposal at the VCAT compulsory conference on 28 November 2016 and that officers should be delegated the authority to negotiate a suitable outcome on behalf of Council. ATTACHMENTS No.

Title

1 2 3

Notice of Decision VCAT statement of grounds Advertised plans

368 376 389

Arborist comments

404

Ordinary Meeting of Council - 14 November 2016

Page

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Place – Sustainable Amenity and Built Environment

5.11

AIR CONDITIONING - THE CENTRE IVANHOE

Author:

Krishen Soobrayen - Capital Works Co-Ordinator, Assets & City Services

EXECUTIVE SUMMARY Upgrades to the air conditioning systems at The Centre Ivanhoe, have been identified in the Council’s Capital Works and Initiatives Programme for financial years 2015 – 2019. The upgrade works involve three distinct stages: 1) 2) 3)

Stage 1: The Great Hall Stage 2: Entrance Foyer, Streeton and Condor Rooms Stage 3: Withers and McCubbin Rooms

The works identified in Stage 1, was completed as part of the Council’s 2015/16 Capital Works and Initiative Programme, with Stage 2 originally programmed to be completed this financial year (2016-17) and stage 3 programmed to be completed in the 2017-18 financial year. Tenders were sought for the Stage 2 works on the 6 August 2016, with a separate price for the Stage 3 works as an option, should funding be available or should tender price received allow for both stages to be completed. Tenders received for Stage 2 works were $400,000 to $500,000 over the adopted 2016-17 budget of $300,000. This is because the original cost estimates which were completed during the design phase, did not fully factor in the associated c osts of building works required, including, the strengthening of the roofing structure to cater for additional plant loads. Due to the operational requirements of The Centre Ivanhoe and the contractors ability to procure the required equipment to undertake the works during the 2016/17 Christmas break, Council Officers recommend that: 

Stage 3 (McCubbin and Withers rooms) be undertaken during December 2016 as part of the 2016/17 Capital Works and Initiatives Programme for a total value of $430,000, with the additional $130,000 required to be funded from reserve.



Modified stage 2 works (Condor and Streeton rooms) are proposed to be undertaken in December 2017 with a budget allocation of $610,000 for 2017/18 Capital Works and Initiatives Programme.



The Centre Ivanhoe Entrance Foyer works are proposed to be undertaken as part of the 2018/19 Capital Works and Initiatives Programme, with a budget allocation of $175,000.

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Place – Sustainable Amenity and Built Environment

AIR CONDITIONING - THE CENTRE IVANHOE cont’d RECOMMENDATION That Council; 1.

Approves the works to the upgrade of the air conditioning systems at the Centre Ivanhoe be reprioritised so that works to the Withers and McCubbin rooms be undertaken as part of the 2016/2017 Capital Works and Initiatives Programme.

Allocate an addition of $130,000 to the 2016/2017 Capital Works & Initiatives budget to be funded from reserves, to allow for the air conditioning upgrade works in the Withers and McCubbin rooms to be completed this financial year.

Consider allocating $610,000 for stage 2 of the air conditioning upgrade works to the Streeton and Condor rooms in the 2017/2018 Capital Works and Initiatives budget.

Consider allocating $175,000 for the air conditioning upgrade works to the Centre Ivanhoe Foyer in the 2018/2019 Capital Works and Initiatives budget.

CITY PLAN This report is in line with Council’s City Plan key direction to “maintain and improve Banyule as a great place to live”. BACKGROUND Upgrades to the air conditioning systems at The Centre Ivanhoe, have been identified in the Council’s Capital Works and Initiatives Programme for financial years 2015 – 2019. The upgrade works involve three distinct stages: 1. 2. 3.

Stage 1: The Great Hall Stage 2: Entrance Foyer, Streeton and Condor Rooms Stage 3: Withers and McCubbin Rooms

The works identified in Stage 1, were completed as part of the Council 2015/2016 Capital Works and Initiatives Programme, with Stage 2 originally programmed to be completed this financial year and stage 3 to be completed in 2018-19. LEGAL CONSIDERATION There are no direct legal implications arising from the recommendation contained in this report.

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AIR CONDITIONING - THE CENTRE IVANHOE cont’d HUMAN RIGHTS CHARTER Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues. CURRENT SITUATION Tenders were sought for the Stage 2 works on the 6 August 2016, with a separate price for the Stage 3 works as an option, should funding be available. Tenders received for Stage 2 works were $400,000 to $500,000 over the adopted budget of $300,000 for financial year 16/17. This is because the original cost estimates which were completed during the mechanical design phase did not fully factor in the associated costs of building works required, including the strengthening of the roofing structure to cater for additional plant loads. The additional structural strengthening was determined by engaging a specialist structural design consultant to ensure the existing roof structures was capable of taking additional plant loads. This analysis was conducted after the equipment was fully designed and documented prior to tendering. FUNDING IMPLICATIONS In the 2016/2017 Capital Works and Initiatives Programme Council allocated $300,000 for stage 2 of the Air Conditioning Replacement Programme at the Centre Ivanhoe. Following a public tender the options for Air Conditioning replacement works at the Centre Ivanhoe are: Component Stage 2 – Streeton, Condor and Foyer Stage 2 – Streeton & Condor rooms only Stage 3 – Withers and McCubbin rooms Foyer works

Ordinary Meeting of Council - 14 November 2016

Project Cost $ 800,000 $ 610,000 $ 430,000 $ 175,000

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Place – Sustainable Amenity and Built Environment

AIR CONDITIONING - THE CENTRE IVANHOE cont’d Due to the operational requirements of The Centre Ivanhoe and the contractor’s ability to procure the required equipment to undertake the works in Christmas break, Council Officers recommend that works be programmed across three (3) financial years as follows: Financial Year

Description of works

Requested/Adopt Additional ed Capital Works funding budget required 2016/2017 Withers and McCubbin Rooms $ 300,000 $ 130,000 2017/2018 Streeton and Condor rooms $ 610,000 - 2018/2019 Foyer works $175,000 - The additional funding requirement in the 2016/17 financial year can be accommodated from the Infrastructure Renewal Reserve. DISCUSSION/CONSULTATION Since March 2016, Officers have been planning for Stage 2 Air Conditioning replacement works in the Condor and Streeton rooms. Officers have negotiated with the catering contractor, Epicure, for the works to take place during the industry’s quietest period from the end of December 2016 to end of January 2017. Consequently there have been no bookings taken during this period for these rooms. Due to the tender result exceeding budget, works are unable to take place in 2016/17 due to the lead time required by the contractor for procurement of equipment in November/December 2016. This is a major concern for The Centre Ivanhoe considering aging and unreliable air conditioning infrastructure. After thorough review of the existing bookings with Epicure, unfortunately there are no other available dates throughout the 2016/17 financial year to accommodate the works and the project would need to be postponed until December 2017. Considering the operational requirements officers preference is to bring forward Stage 3 McCubbin & Withers rooms air conditioning replacement works (procurement lead times are able to be accommodated given the smaller units required) and move current bookings from McCubbin & Withers rooms to either the Streeton or Condor rooms. There will be minimal impact to the clients and Epicure and allow some works to be accommodated during the planned construction window. TIMELINES Proposed Air Conditioning Upgrades to the Withers and McCubbin rooms are programmed to be undertaken between December 2016 and February 2017. OFFICER DECLARATION OF CONFLICT OF INTEREST Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

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AIR CONDITIONING - THE CENTRE IVANHOE cont’d CONCLUSION In conclusion, due to the operational and budgetary constraints Council officers conclude and recommend that: 

Stage 3 (McCubbin and Withers rooms) to be undertaken in lieu of stage 2 works as part of the 2016/17 Capital Works and Initiatives Programme for a total value of $430,000, with the additional $130,000 required to be funded from reserves.



Modified stage 2 works (Condor and Streeton rooms) are proposed to be undertaken in December 2017 with a budget allocation of $610,000 for 2017/18 Capital Works and Initiatives Programme.



The Centre Ivanhoe Entrance Foyer works are proposed to be undertaken as part of the 2018/19 Capital Works and Initiatives Programme, with a budget allocation of $175,000.

ATTACHMENTS Nil

Ordinary Meeting of Council - 14 November 2016

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Performance - Use Our Resources Wisely

7.1

ASSEMBLY OF COUNCILLORS

Author:

Ellen Kavanagh - Governance Officer, Corporate Services

EXECUTIVE SUMMARY Under the Local Government Act 1989 an Assembly of Councillors is defined as: A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be: a) b)

the subject of a decision of the Council or; subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee.

In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD 1

ASSEMBLIES

Date of Assembly:

19 September 2016

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 19 September 2016 (excluding confidential items) as listed below: 1.1 Reichelt Avenue and Buena Vista Drive Intersection, Montmorency Petition for the 'Road Closure Repositioning' Trial not to proceed 2.1 Sporting Reserve User Guide 2017-2020 4.1 Planning Scheme Amendment C98 117 -123 Bonds Road, Lower Plenty 4.2 Award Contract No 0892-2016 - Panel of Contractors for Minor Building Works 4.3 Ford Park Masterplan 4.4 Better Apartments draft design standards 4.5 Hurstbridge Railway Line Improvement - Lower Plenty Road Level Crossing Removal - Project Update 4.6 Consideration of Air Conditioners and Site Services within Development Planning Applications 4.7 Supervised Children's Crossings

Ordinary Meeting of Council - 14 November 2016

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Performance - Use Our Resources Wisely

ASSEMBLY OF COUNCILLORS cont’d 4.8

5.1 6.1

6.2 6.3 6.4 7.1

St Helena Road, Greensborough Pedestrian Access to Anthony Beale Reserve Council Meeting Dates - 2017 Certification of the financial statements and performance statement for the year ended 30 June 2016 Items for Noting Bolton Street, Montmorency, Upgrade Assembly of Councillors Sealing of Documents - Lease Renewal - Tenancy 3 460 Lower Heidelberg Road, Heidelberg

Councillors Present: Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Others Present:

Simon McMillan –- Chief Executive Officer Allison Beckwith –- Director Community Programs Marc Giglio –- Director Corporate Services Geoff Glynn –- Director Assets & City Services Gina Burden –- Manager Governance & Communication Vivien Ferlaino – Governance Coordinator Joseph Tabacco –- Manager Property & Economic Development Joel Elbourne –- Manager Urban Planning & Building David Bailey –- Transport Advocacy Manager Jeff Parkes –- Open Space Planning Co-Ordinator Tania O’Reilly –- Manager Finance & Procurement Melinda Ramsay –- Leisure Services Team Leader Nil

Conflict of Interest:

Nil

Staff Present:

RECOMMENDATION That the Assembly of Councillors report be received.

ATTACHMENTS Nil

Ordinary Meeting of Council - 14 November 2016

Page 111

Sealing of Documents

8.1

SEALING OF DOCUMENTS

Author:

Andrea Turville - Property Officer, City Development & Mark Bernhardt Municipal Laws CoOrdinator, City Development

Ward:

Grimshaw

RECOMMENDATION That the Common Seal of the Banyule City Council be affixed to the following documents: 1.

Deed of Renewal of Lease between The Melbourne Anglican Trust Corporation and Banyule City Council in respect to the land known as 72 Watsonia Road, Watsonia, for the term of five (5) years commencing 1 September, 2016 with an option for one (1) further term of five (5) years.

Deed of Variation of Lease to replace the plan in the existing lease between Banyule City Council and Kalparrin Early Childhood Intervention Program Inc for Council owned land and improvements known as 1 Kalparrin Avenue, Greensborough.

Contract No. 0885-2016 Provision of Parking and Traffic Enforcement and Administrative Services.

The following documents require the affixing of the Common Seal of Council: 1.

PARTY\PARTIES: OFFICER: FILE NUMBER: DOCUMENT: ADDRESS: WARD: BRIEF EXPLANATION:

The Melbourne Anglican Trust Corporation and Banyule City Council Andrea Turville F2013/1356 Deed of Renewal of Lease 72 Watsonia Road, Watsonia Grimshaw In or about 1962, the former Heidelberg Council entered into a lease with The Church of England Trusts Corporation for the Diocese of Melbourne (the Church) (now known as The Melbourne Anglican Trust Corporation) in respect to the land known as 72 Watsonia Road, Watsonia (the land). The purpose for the original lease was to construct and maintain the land owned by the Church as a car park for general use of the public for car parking and for use by the congregation. More recently the car park has also been utilised by patrons of the Watsonia library as required by a Planning Permit. The lease has been renewed several times since the original lease was entered into and the current lease expired on the 31 August, 2016. The Deed of Renewal of Lease offered by the Church provides for a term of five (5) years commencing 1 September, 2016 with an option for one (1) further term of five (5) years. The proposal to renew the lease should be supported by Council formally ratifying the Deed and resolving to affix its Common Seal.

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Sealing of Documents

SEALING OF DOCUMENTS - THE MELBOURNE ANGLICAN TRUST CORPORATION & BANYULE CITY COUNCIL cont’d 2.

PARTY\PARTIES: OFFICER: FILE NUMBER: DOCUMENT: ADDRESS: WARD: BRIEF EXPLANATION:

Banyule City Council and Kalparrin Early Childhood Intervention Program Inc. Andrea Turville F2013/1022 Deed of Variation of Lease 1 Kalparrin Avenue, Greensborough Bakewell Council is the owner of the land and improvements known as 1 Kalparrin Avenue, Greensborough. The building is currently leased to Kalparrin Early Childhood Intervention Program Inc (“Kalparrin”). With prior consent, Kalparrin recently completed an addition to the building. The plan in the existing lease requires amendment to reflect the change. A Deed of Variation of Lease (Deed), replacing the plan in the existing lease, has been prepared. The proposal to vary the lease, by way of a Deed, should be supported by Council formally ratifying the Deed and resolving to affix its Common Seal. Tenix Solutions Mark Bernhardt F2016-1861 Contract No 0885-2016 Provision of Parking and Traffic Enforcement and Administrative Services N/A N/A As a part of the Local Law Review, the Parking and Traffic Enforcement and Administrative Services were to be tendered out. The tender process has been completed and Council at its Meeting of 22 August 2016 awarded the contract to Tenix Solutions. The formal contract documentation has been agreed by Tenix and is to be Sealed by Council.

ATTACHMENTS Nil

Ordinary Meeting of Council - 14 November 2016

Page 114

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

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 120

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;

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)

(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

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

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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)

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;

(b)

(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

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CARRIED

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

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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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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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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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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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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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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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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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Attachment 3: C106 & P1268/14 - Explanatory Report

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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Attachment 3: C106 & P1268/14 - Explanatory Report

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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Attachment 3: C106 & P1268/14 - Explanatory Report

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.

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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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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(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)

(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 2: Turnham Avenue Streetscape Plan

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Attachment 1: Grimshaw Street and Flintoff Street - Concept Plan endorsed by Council

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Attachment 1: Grimshaw Street and Flintoff Street - Concept Plan endorsed by Council

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Item: 5.8

Attachment 1: 57-59 Bellevue Avenue Rosanna - Advertised Plans

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Item: 5.8

Attachment 2: 57-59 Bellevue Avenue Rosanna - Additional Background Information

P361/2016: ADDITIONAL BACKGROUND INFORMATION PLANNING CONTROLS The following planning controls are relevant to the assessment of the application: General Residential Zone - schedule 2 The purpose of this zone is to:  To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.  To encourage development that respects the neighbourhood character of the area.  To implement neighbourhood character policy and adopted neighbourhood character guidelines.  To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport.  To allow educational, recreational, religious, community and a limited range of other nonresidential uses to serve local community needs in appropriate locations. Planning approval is required to construct a dwelling if there is at least one dwelling existing on the lot. Vegetation protection overlay – Schedule 5 The overlay aims to retain and protect existing trees, and to promote further planting of new trees as a significant component of local identity and neighbourhood character. A permit is required to remove, destroy or lop those trees which has a height of 12 metres or more, or has a trunk or stems that collectively are more than 400mm in diameter, measured at 1400mm above the base of the tree. It is proposed to remove 37 trees from the subject site, with trees #6, #9 and #29 requiring approval for removal under the VPO5 control. The proposal includes retention of tree #11 a 14m high English Oak at the rear of 59 Bellevue Avenue and tree #22 a 18m high Pin Oak within the front setback of 57 Bellevue Avenue. Clause 52.06 Car Parking Provisions No. of bedrooms

Clause 52.06 – Specified car parking rate

Proposal

Dwelling 1

Double garage

Dwelling 2

Double garage

Dwelling 3

Single garage and tandem space

Dwelling 4

Single garage

Dwelling 5

Dwelling 6

Single

Dwelling 7

Double garage

Single garage and tandem space

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Item: 5.8 Visitor space

Attachment 2: 57-59 Bellevue Avenue Rosanna - Additional Background Information 1 for each five dwellings

One open car space

The proposed development complies with the car parking rates of the scheme. The turning circle proposed for the garages of dwelling 5 and 6 needs to be increased to allow for vehicles to enter and exit the car spaces. This can be achieved by reducing the adjoining garden beds. The proposal achieves an appropriate level of compliance with State and Local planning policies (including the Residential Neighbourhood Character Policy), and with ResCode.

Clause 22.02 Neighbourhood Character Local Policy â&#x20AC;&#x201C; Garden Suburb Precinct 2 Objective To ensure new buildings and extensions are sympathetic to the current building form and architectural style.

Complies? Yes

Design Response 1. Incorporate the main themes, in correct proportions and scale from the 1950s and 1960s era as appropriate to the street, i.e. low pitched, hipped roof forms with a second or third hipped roof fronting the street; narrow, boxed eaves.

Yes

Second storey additions should reflect the architectural style and form of the existing building.

In accessible areas, upper levels should be positioned towards the street frontage and recessed from the lower level wall surfaces.

Period detailing is not encouraged, but if used should complement the architectural style and scale of the building.

Yes

Variation should be provided between each dwelling of a development that faces the street. This can be achieved through varied roof pitches, window and door placement, materials, faĂ§ade articulation and other design detailing.

Yes

Discussion The subject site is located on the high side of Bellevue Ave with a central landscaped barrier dividing the one way lanes of traffic. The proposal includes demolition of the two dwellings located on separate titles and the construction of seven (7) double storey dwellings. Four dwelling are proposed on 59 Bellevue Ave and three dwellings are to be located on 57 Bellevue Ave with a central driveway from a single crossover on Bellevue Ave. Dwellings 1 & 7 have frontage to Bellevue Ave, variation is shown between these dwellings. The proposed dwellings are to be constructed of face brickwork at ground level and rendered walls on the upper level. The low profile 22.5 degree pitched roof are to be tiled. To help break up the building mass of the upper storey, it is proposed to place a condition on the permit requiring the upper level to be finished in a mixture of render and cladding. Surrounding development includes a mixture of single and double storey detached dwelling with some multi unit sites located to the south of the site, at 49 and 53 Bellevue Ave. The proposed design is in keeping with the neighbouring streetscape.

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Item: 5.8

Attachment 2: 57-59 Bellevue Avenue Rosanna - Additional Background Information

Objective To ensure that household services are not a visually prominent feature. Design Response 6. Solar panels should be located to minimise their visual impact. Air conditioning, rainwater tanks, bins and storage should be located and/or screened so they are not visually obtrusive in the streetscape. 7.

In accessible areas, rooftop plant equipment should be screened and/or located to minimise their visual impact and integrate with the roof form.

Complies? Yes Yes

Discussion There is sufficient are at the side and rear of dwellings for the provision of household services.

Objective To maintain consistency of current front setbacks whilst enabling tree planting in front gardens. Design Response 8. Dwellings should be setback in line with the predominant front setback of dwellings along the street. 9.

In accessible areas only, a reduced front setback for new buildings (including basements) may be acceptable, if this respects the predominant front setback of nearby dwellings and supports the planting and future growth of a large tree to maturity.

10. For corner sites, the front setback of a dwelling facing the side street should be at a transition

Complies? Yes Yes NA

between the predominant setback along the side street, and the side setback of the dwelling facing the front street. Discussion The proposed dwellings are provided with a 9m front setback from Bellevue Ave. Front setback along the street vary. The multi-unit development to the south (53 Bellevue Ave) has a 9.014m front setback and the dwelling north (61 Bellevue Ave) has a 12.05m front setback. However other dwellings within the street have a reduced setback (49 Bellevue Ave at 7.3m and 65 Bellevue Ave at 8.3m). It is considered that the 9m proposed setback is consistent with the predominant front setback within the streetscape.

Objective To ensure buildings and extensions do not dominate the streetscape or the building, and do not adversely affect the outlook and amenity of neighbouring dwellings. Design Response 11. Second storey portions of buildings should be recessed from ground level wall surfaces, incorporated within roof spaces where possible and minimised in height. 12. Buildings at the rear of a site should be designed to follow the topography of the land and

Complies? Variance

Variance Yes

respond sensitively to each interface. Second storeys (where appropriate) should be modest in size, have generous side and rear setbacks and be screened with vegetation. 13. In accessible areas, all upper levels should be positioned towards the street frontage and recessed

from ground level wall surfaces. 14. Developments should minimise the need for cut and fill throughout the site.

Yes

Discussion Upper level walls are generally recessed from ground floor walls and the sheer walls are provided in limited circumstances throughout the development. The extent of sheer wall includes dwelling 1 western elevation (bathroom, WC, WIR and ensuite), dwelling 2 east elevation (stairwell), dwelling 3 west elevation (stairwell), dwelling 6 west elevation (stairwell) and dwelling 7 east elevation (section of the bathroom). The extent of sheer walls is considered to be acceptable. ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 262

Item: 5.8

Attachment 2: 57-59 Bellevue Avenue Rosanna - Additional Background Information

Of the total seven (7) dwellings to be constructed; three (3) dwellings are to be developed on 57 Bellevue Ave, with upper level separation provided between dwelling 5, 6 & 7. Four dwelling are to be constructed on 59 Bellevue Ave with upper level separation provided between dwelling 1 and 2, dwelling 2 and dwelling 3 share a party wall on the upper level, and ground level separation is provided between dwellings 3 and 4 (in the form of an open car space. Due to the slope of the land, limited cut is proposed throughout the site. The proposed dwelling follows the topography of the land. In response to a further information request, the proposed floor levels of dwelling 1 and 7 that front onto Bellevue Ave were dropped a further 300mm to reduce the impact of the proposal on the street.

Objective To minimise loss of front garden space, and the dominance of vehicle access, vehicle storage facilities and built form as viewed from the street.

Complies? Yes

Design Response 15. Buildings should be sited to allow for the planting and growth of trees and shrubs.

Yes

16. Locate carports and garages behind the line of the dwelling.

Yes

17. Dedicated car parking spaces should not be provided between the front wall of a dwelling that

Yes

faces the street, and the front property boundary. Landscaping such as large shrubs and trees in the front setback and garden beds along driveway edges should be provided to discourage car parking in this location. 18. Encourage outcomes that consider the Banyule City Council Residential Vehicle Crossing Policy

Yes

2012. 19. Driveways should include curves and bends that provide sufficient room for landscaping at varying

Yes

heights. 20. Driveways should be finished in muted tones that soften their appearance and blend with

vegetation.

Yes Condition required

Discussion The development proposes to retain a large canopy tree within the front setback of dwelling 7 adjacent to Bellevue Ave and a large canopy tree at the rear of the site within the SPOS of dwelling 4. The proposed parking areas are provided behind the front line of the dwellings that front onto Bellevue Ave. It is proposed to provide a single crossover in accordance with Councilâ&#x20AC;&#x2122;s Residential Vehicle Crossing Policy 2012. The driveway is provided with curves and bends and subject to a condition on the permit will be finished in earthy tones.

Objective To maintain the openness of front boundary treatments the view of established front gardens and tree lines streets, and the presentation of dwellings to the street Design Response 21. Buildings should be sited to allow for the planting and growth of trees and shrubs. Front gardens should contain at least one (1) large tree and understorey landscaping. 22.

Secluded private open space should be located behind the line of a dwelling that faces the street.

23. Provide for open style fences appropriate to the era of the dwelling.

Complies? Yes

Yes Yes NA

Discussion

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Item: 5.8

Attachment 2: 57-59 Bellevue Avenue Rosanna - Additional Background Information

It is proposed to retain a large canopy tree within the front setback of dwelling 7 â&#x20AC;&#x201C; tree #22 18m high Pin Oak. There is sufficient space to plant a large and a medium canopy tree within the front setback of dwelling 1. The proposed dwellings SPOS is provides behind the front line of the dwellings with frontage to the street. No front fence proposed.

Objective To maintain and strengthen the garden dominated streetscape character and landscaped setting of the precinct. Design Response 24. Retain existing trees wherever possible. If this cannot be achieved, or a tree is considered appropriate for removal, the site should provide adequate space for offset planting of indigenous or native trees that will grow to a mature height similar to the mature height of the tree to be removed. 25. One (1) medium to large tree should be provided for every 400sqm of site area, with a preference

for large trees. This may include existing trees that are worthy of retention. At least one of the large trees should be provided in the front setback. 26. Buildings (including basements) should be a sufficient distance from at least one side or rear

Complies? Yes

Yes

Yes 4 trees required Yes

property boundary to enable the planting and growth of medium to large trees. These setbacks should provide sufficient area for future growth of the mature canopy of trees, and understorey planting. 27. If more than one dwelling is proposed on a site outside an accessible area, sufficient separation

Variance

should be provided between each dwelling to allow for the planting and future growth of small to medium trees and understorey vegetation. 28. Tree species and planting locations should be carefully selected to avoid canopy or root conflicts

with overhead wires, easements and existing trees. 29. Building site coverage should not exceed 40% to enable sufficient pervious site area for planting,

growth and retention of vegetation. This may be varied if the proposal is in an accessible area and demonstrates that the vegetated character of the site and Precinct is protected and enhanced by retaining existing vegetation and providing sufficient area for the planting of additional trees and other vegetation. 30. If there is no street tree within the frontage of a dwelling, a new street tree should be proposed.

Yes Condition required Yes Proposed site coverage 38.73% NA

Discussion It is proposed to retain Tree #22 (18m high Pin Oak) within the front setback of dwelling 7 and Tree #11 (14m high English Oak) within the SPOS of dwelling 4. The planting ratio of 1:400 can be achieved with retention of Tree #11 and #22 and the planting of a large and medium tree within the front setback of dwelling 1. Medium to small planting can also be achieved throughout the site. The development proposes a site coverage of 38.73% below the preferred 40%. Design response #27 requires separation between dwellings. Physical separation is provided between dwellings 3 and 4 at the rear of the site. Upper level separation is provided between all dwellings except dwellings 2 and 3 which share a party wall on the upper level. Variation to this design response is suppor ted on the basis that a 38.73% site coverage is achieved with the development achieving the 1:400 planting ration (4 trees required) by retaining trees #11 and #22, planting a large and medium canopy tree within the front setback of dwelling 1 and other medium to small canopy planting to be achieved throughout the site. The breakup of building mass is also achieved by using low profile flat roof garages between dwellings, variation in materials and finishes of the upper storey and the general recess of upper levels.

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There is currently no street tree, however Bellevue Ave is a divided street with a landscape barrier through the centre and one way traffic lanes on either side of the landscaped divide. The street has no nature strip with only a pedestrian pathway on each side of the street, planting is provided within the landscaped divide. In this instance it is considered appropriate to vary design response #30 and not require the planting of a nature strip tree.

Objective To ensure that developments on or near ridgelines retain existing trees, sit below the tree canopies, minimise excavation, and enable further tree planting to form a continuous canopy, so that the scenic quality is maintained and enhanced. Design Response 31. New buildings at or near ridgelines should be designed and sited so that cut and fill is minimised and the building sits below the height of trees along the ridgeline. 32. New buildings at or near ridgelines should have muted colours and tones, and non -reflective materials. 33. Trees and vegetation that contribute to the landscape should be retained. New native or indigenous trees should be planted on or near the ridgeline to form a continuous canopy.

Complies? NA

NA NA NA

Discussion The subject site is not located on a ridgeline.

Clause 55 ResCode Neighbourhood Character and Infrastructure Neighbourhood character Complies objectives 

To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character.  To ensure that development responds to the features of the site and the surrounding area Standard B1

Residential policy objectives

Complies

The site is located within an Incremental Area under Council’s Residential Areas Framework. These are areas typically located further away from Activity centres and the Principal Transport Network. Under the Municipal Strategic Statement (Cl. 21.06-2) these areas are to provide well designed single and medium density dwellings. It is considered that the proposal addresses this standard as it provides a positive contribution to the desired future neighbourhood character.

N/A

Less than 10 dwellings



To ensure that residential development is provided in accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.  To support medium densities in areas where development can take advantage of public transport and community infrastructure and services. Standard B2

Dwelling diversity objective 

The proposal is generally consistent with the surrounding character of the area which contains a mix of single, detached, post-war dwellings, and some recently built multiunit developments. The proposed design incorporates brickwork at ground level with clad upper storey, eaves with a low pitch roofline. The design is in keeping with the neighbourhood character of the surrounding area.

To encourage a range of dwelling sizes and types in developments of ten or more dwellings.

Standard B3

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Infrastructure objectives

Complies

The proposed development will be connected to all reticulated services.

Complies

Dwellings 1 & 7 have frontage to Bellevue Avenue with entries clear and visible on Bellevue Ave Dwellings 2 – 6 are access via a central driveway with entries clear and visible from the driveway.

Complies with objectives

North 61 Bellevue Ave 12.05m South 53 Bellevue Ave 9.014



To ensure development is provided with appropriate utility services and infrastructure.  To ensure development does not unreasonably overload the capacity of utility services and infrastructure. Standard B4

Integration objective

with the street



To integrate the layout of development with the street. Standard B5

Site Layout and Building Mass Street setback objective 

To ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site. Standard B6

Building height objective

Average 12.05 + 9.014 = 21.064/2 = 10.53m Proposed 9m complies as 9m is lesser than 10.53m av. Complies

Proposed maximum building height is 8.38m.

Complies

Proposed site coverage 38.73% is below the 40% specified in the GRZ2 schedule.

Complies

Proposed permeability 43.15% meets the minimum 20% required by the standard.

Complies

Dwelling 1-4 north facing secluded open space with adjoining internal living areas Dwelling 5-7 south facing secluded open space access to eastern sun with adjoining internal living areas



To ensure that the height of buildings respects the existing or preferred neighbourhood character. Standard B7

Site coverage objective 

To ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site. Standard B8

Permeability objectives  

To reduce the impact of increased stormwater run-off on the drainage system. To facilitate on-site stormwater infiltration. Standard B9

Energy efficiency objectives  

To achieve and protect energy efficient dwellings and residential buildings. To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

BESS report provides a score of 58% above the 50% mandatory pass rate. STORM score of 101

Standard B10

Open space objective 

N/A

The subject site does not adjoin any public open spa ce.

To integrate the layout of development with any public and communal open space provided in or adjacent to the development.

Standard B11

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Safety objective 

To ensure the layout of development provides for the safety and security of residents and property. Standard B12

Landscaping objectives 

To encourage development that respects the landscape character of the neighbourhood.  To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.  To provide appropriate landscaping.  To encourage the retention of mature vegetation on the site. Standard B13  

Dwellings 2 – 6 entries clear and visible from central shared driveway.

Complies – condition required

The proposal includes removal of most of the existing vegetation from the site, with trees #6, 9 and 29 requiring approval under the VPO5 control. Tree #11 a large English Oak is to be retained at the rear of proposed dwelling 4 and tree #22 a large Pin Oak is to be retained within the frontage of dwelling 7. The single crossover and central driveway allow for planting within the frontage of dwelling 1 including 1 large and 1 medium canopy tree. Other planting medium and small canopy tree planting can be achieved throughout the site.

Complies

Access objectives

Dwellings 1 & 7 entries are clear and visible on the Bellevue Ave frontage.

To ensure vehicle access to and from a development is safe, manageable and convenient. To ensure the number and design of vehicle crossovers respects the neighbourhood character.

Proposed access is via a central single crossover in accordance with Council’s Residential Vehicle Crossing Policy 2012. Conditions are to be placed on the permit to address concerns raised in the Engineering referral response regarding the visitor car space and access/egress from dwelling 5 and 6 garages.

Standard B14

Parking location objectives   

Complies

To provide convenient parking for resident and visitor vehicles. To avoid parking and traffic difficulties in the development and the neighbourhood. To protect residents from vehicular noise within developments.

The proposal meets the car parking rate specified in Clause 52.06 Dwelling 1 - 4 bedroom double garage Dwelling 2 - 3 bedroom double garage Dwelling 3 - 3 bedroom single garage and uncovered space Dwelling 4 - 2 bedroom single garage Dwelling 5 - 3 bedroom single garage and uncovered space Dwelling 6 - 2 bedroom single garage Dwelling 7 - 4 bedroom double garage

Standard B15 Plus 1 visitor space (rate 1 space per 5 dwellings) The visitor car space will need to provide 300mm clearance from the retaining wall. The visitor space is to be well it and clearly signed.

Side and objective 

rear

setbacks

Complies

All setback comply with the standard.

N/A

No boundary walls are proposed.

To ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B17

Walls on boundaries objective 

To ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact

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on the amenity of dwellings.

existing

Standard B18

Daylight to existing windows objective

Complies

The proposal does not impact on existing habitable room windows.

Complies

There are no north facing windows within 3m of the proposed dwelling 2.

Complies

Shadow diagrams submitted demonstrate the extent of overshadowing complies with the standard.

Complies Conditions required

Externally fixed privacy screens and highlight windows used to address overlooking.

Complies

A combination of highlight windows and privacy screens has been used to address potential internal overlooking.

Complies

Dwelling 1 has been design to address the Liveable Housing Guidelines. Due to the slope of the site it is not possible to provide a step free front entry but step free access is provided between the garage and the dwelling.

Complies

Dwelling 1 & 7 entries clear and visible on Bellevue Ave Dwelling 2 – 6 entries clear and visible from central shared driveway

Complies

Adequate daylight is provided to habitable room windows of the dwellings

Complies

The SPOS for each dwelling complies with the standard:



To allow adequate daylight into existing habitable room windows. Standard B19

North-facing objective 

windows

To allow adequate solar access to existing north-facing habitable room windows.

Standard B20

Overshadowing open space objective 

To ensure buildings do not significantly overshadow existing secluded private open space. Standard B21

Overlooking objective 

To limit views into existing secluded private open space and habitable room windows. Standard B22

Internal views objective 

To limit views into the secluded private open space and habitable room windows of dwellings and residential buildings within a development.

Standard B23

On-site Amenity and Facilities Accessibility objective 

To encourage the consideration of the needs of people with limited mobility in the design of developments.

Standard B25

Dwelling entry objective 

To provide each dwelling or residential building with its own sense of identity. Standard B26

Daylight to objective 

new

windows

To allow adequate daylight into new habitable room windows.

Standard B27

Private open space objective 

To provide adequate private open space for the reasonable recreation and service needs of residents. Standard B28



Dwelling 1 - 41sqm



Dwelling 2 - 50.54sqm

 

Dwelling 3 - 45.48sqm Dwelling 4 - 137.15sqm



Dwelling 5 - 62.29sqm

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Solar access to open space objective

Complies



To allow solar access into the secluded private open space of new dwellings and residential buildings. Standard B29

Dwelling 6 - 58.54sqm Dwelling 7 - 68.59sqm

The SPOS complies with the standard: 

Dwelling 1 – 4 north facing secluded open space



Dwelling 5 west facing SPOS



Dwelling 6 & 7 south facing SPOS complies with the standard, see calculations below: Dwelling 6 south facing SPOS Average height 3.6m 2 + 0.9 x 3.6 = 5.24m required, setback provided 5.299m Dwelling 7 south facing SPOS with access to eastern sun Average height 3.6m 2 + 0.9 x 3.6 = 5.24m required, 5.3m provided

Storage objective

Complies

Each dwelling is provided with a 6 cubic metre storage area.

Does Not Comply

The traditional contemporary style of development is reflective of the existing and emerging housing styles and will contribute to the variety of housing stock in the area.



To provide adequate storage facilities for each dwelling. Standard B30

Detailed Design Design detail objective 

To encourage design detail that respects the existing or preferred neighbourhood character. Standard B31

Front fences objective 

Variation is provided between dwellings 1 and 7 which have frontage to Bellevue Avenue. N/A

No front fence proposed.

Complies

Common areas are easily able to be maintained.

Complies

Services such as clothes drying, bin storage and mailboxes are provided to each dwelling.

To encourage front fence design that respects the existing or preferred neighbourhood character.

Standard B32

Common property objectives 

To ensure that communal open space, car parking, access areas and site facilities are practical, attractive and easily maintained.  To avoid future management difficulties in areas of common ownership. Standard B33

Site services objectives  

To ensure that site services can be installed and easily maintained. To ensure that site facilities are accessible, adequate and attractive.

Standard B34

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Attachment 1: Notice of Decision

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 369

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ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 370

Attachment 1: Notice of Decision

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Attachment 1: Notice of Decision

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 371

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ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 372

Attachment 1: Notice of Decision

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Attachment 1: Notice of Decision

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 373

Item: 5.10

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 374

Attachment 1: Notice of Decision

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Attachment 1: Notice of Decision

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 375

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Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 376

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Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 377

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Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 378

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Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 379

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Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 380

Item: 5.10

Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 381

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Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 382

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Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 383

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Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 384

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Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 385

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Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 386

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Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 387

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Attachment 2: VCAT statement of grounds

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 388

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Attachment 3: Advertised plans

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 389

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ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 390

Attachment 3: Advertised plans

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Attachment 3: Advertised plans

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 391

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ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 392

Attachment 3: Advertised plans

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Attachment 3: Advertised plans

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 393

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ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 394

Attachment 3: Advertised plans

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Attachment 3: Advertised plans

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 395

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ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 396

Attachment 3: Advertised plans

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Attachment 3: Advertised plans

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 397

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ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 398

Attachment 3: Advertised plans

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Attachment 3: Advertised plans

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 399

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ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 400

Attachment 3: Advertised plans

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Attachment 3: Advertised plans

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 401

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ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 402

Attachment 3: Advertised plans

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Attachment 3: Advertised plans

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 403

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ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 404

Attachment 4: Arborist comments

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Attachment 4: Arborist comments

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 405

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ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 406

Attachment 4: Arborist comments

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Attachment 4: Arborist comments

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 407

Item: 5.10

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 408

Attachment 4: Arborist comments

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Attachment 4: Arborist comments

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 409

Item: 5.10

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 410

Attachment 4: Arborist comments

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Attachment 4: Arborist comments

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 411

Item: 5.10

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 412

Attachment 4: Arborist comments

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Attachment 4: Arborist comments

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 413

Item: 5.10

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 414

Attachment 4: Arborist comments

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Attachment 4: Arborist comments

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 415

Item: 5.10

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 416

Attachment 4: Arborist comments

Item: 5.10

Attachment 4: Arborist comments

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 417

Item: 5.10

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 418

Attachment 4: Arborist comments

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Attachment 4: Arborist comments

ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 419

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ORDINARY MEETING OF COUNCIL ON 14 NOVEMBER 2016 Page 420

Attachment 4: Arborist comments