LUCY FERGUSON 327515
PLANNING LAW & STATUTORY PLANNING ABPL90130
PART ONE: PLANNING ASSESSMENT REPORT Application is for:
Development of the land for 23 dwellings within two triple storey buildings and a reduction in the car-parking requirement
Applicant’s/Owner’s Name:
Property View Pty Ltd
Date Received:
05/03/2014
Statutory Days:
35 days
Application Number:
MPS/2014/49
Land/Address:
74 Tinning Street, Brunswick Lot 1 TP15538
Zoning:
Mixed Use Zone (MUZ)
Overlays:
Design and Development Overlay (DDO1) Environmental Audit Overlay (EAO)
Under what clause(s) is a permit required?
•
•
Clause 32.04: Mixed Use Zone A planning permit is required to construct two or more dwellings on a lot (32.04-6). A permit is not required for use of the site as dwellings (32.04-2). Clause 52.06: Car Parking A permit is required for reduction in visitor car parking. One visitor car parking space is required for every five dwellings and this has not been provided.
Restrictive covenants:
There are no restrictive covenants on the Certificate of Title for the land.
Current use and development:
Two storey brick industrial warehouse
PROPOSAL The proposal is summarised as follows: Scale of Development: • Residential development of 23 dwellings • Two separate townhouse blocks of 3 levels • Dwelling height of 11.4m at the highest point on Tinning Street Dwelling Configuration: • 13 townhouses in the southern block and 10 townhouses in the northern rear block • 18 x 2 bedroom townhouses and 5 x 3 bedroom townhouses • Garage / secondary areas on ground floor, kitchen / living / dining on level 1 and bedrooms on level 2 Parking & Vehicle Access: • 28 car parks provided on site within 23 resident garages • 3 garages address Tinning Street directly, the remaining 20 address the central shared accessway • The western carriageway will serve as the access point for 25 car parks and the adjoining rear townhouses • No visitor car parking is provided onsite • Relocation of two existing crossovers and widening of the crossover to the accessway Pedestrian Access: • 7 townhouses address Tinning Street • 2 townhouses address the western accessway • 14 townhouses address the central internal accessway
SUBJECT SITE & LOCALITY An inspection of the site and the surrounding area has been undertaken. The subject site is located on the north side of Tinning 2 Street, Brunswick. It has a frontage of 55.42m, a depth of 39.62m and an overall site area of 2188m . The land is currently developed with a two-storey brick building used as a warehouse. It is set back from Tinning Street approximately 7m with car parking provided within the set back (Figure 4). There is a carriageway easement located on the western side of the site that is 7.5m wide, which currently serves as onsite parking and as an accessway for the rear townhouses (Figure 6).
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The lots directly adjacent to the site are as following; two storey warehouse style residential buildings to the east of heritage importance (Figure 1), two storey brick townhouses to the north which use the accessway on site (Figure 6) and to the west a single storey weatherboard house with a carport along the boundary. The surrounding area is predominately used for residential purposes with the exception of a Community Childcare Centre at 77 Tinning Street and industrial uses at the eastern end of the Street towards Sydney Road. Development is primarily one and two storey dwellings; a mixture of attached a freestanding with varied setbacks to the street. The subject site is located in close proximity to public transport options. Anstey Railway Station is situated 450m east of the site and tram routes operate along Sydney Road, 500m east of the site and Moreland Road, 800m northeast of the site. Nearby facilities include the Sydney Road retail strip, Brunswick North Primary and John Fawkner Private Hospital.
Figure 1: 64-72 Tinning Street (HO177 heritage overlay)
Figure 2: Eastern site boundary
Figure 3: Existing site conditions, two storey brick warehouse
Figure 4: Front setback parking
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Figure 5: Western boundary accessway and parking
Figure 6: Town houses on northern abutting lot
PUBLIC NOTIFICATION The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987, by: • Sending notices to the owners and occupiers of adjoining land and those residents within a 50m proximity. • Placing three signs on site, including two facing the Tinning Street and one at the end of the accessway. • The notification has been carried out correctly. Council has received 8 objections to date. The key issues raised in the objections are: • Front setback • Lack of dwelling diversity • Overdevelopment • Traffic and pedestrian safety • Visitor car parking
CONSULTATION A Planning Information and Discussion (PID) meeting was held on 9 April 2014 and attended by a council planning officer, the applicant and four objectors. The meeting resulted in amendments to the plans to address some objector concerns, changes will be conditioned as part of any approval to the application. The applicant has agreed to the following changes: • • • •
Reduce the overall dwelling yield from 23 dwellings to 19 Provide a greater diversity of dwelling types, with the inclusion of 2 x 1 bedroom apartments Provide visitor bicycle storage facilities (6 spaces) Compliance with Council’s Urban Design and Transport Departments recommendations to ensure limited traffic impact
REFERRALS Referrals / Notice
Advice / Response / Conditions
Section 55 Referrals
No referrals to external agencies were required.
Section 52 Notices
Not applicable.
Internal Council Referrals
Advice / Response / Conditions
City Strategy and Design Branch
Overall the size, form and materiality of the building appropriate for the site. The following summarised suggestions were made: • Concerned with ensuring a safe, pedestrian-friendly environment within the shared accessway. Conditions to the permit should ensure the use of slow-speed design initiatives including the proper use of mirrors and speed bumps.Provide adequate
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screening along the length of bin facilities on the western boundary are to minimise impact upon neighbouring carportInternal changes to ensure overlooking between private open space is minimised (apartments 9, 10, 21 & 22), this should be possible due to reduction to 19 dwellings Strategic Transport Department
The proposal has been assessed by the Council’s strategic Transport branch and considers that the development will result in additional vehicle movement on tinning Street that remains within the street’s design capacity. And it is expected not to cause unreasonable traffic problems. Turning movements have been determined to be functional and appropriate.
Heritage Advisor
Council’s Heritage Advisor supports the proposal: • The adjoining site features such as rope walk and its previous use in the specialised industry is of more historical and technological significance than the architecture of Overlay Downs & Sons Rope and Cordage Works (HO177). • The proposed development does not distract from or adversely impact the character and appearance of the heritage site.
ESD Unit
A Sustainable Management Plan (SMP) was not submitted with the application, therefore no indication given as to whether the application meets best practice standards. ESD request a SMP be completed prior to building or works commence; outlining in particular Waste Management, Stormwater Management and a Green Star Rating (4 star equivalent).
ASSESSMENT ZONE & OVERLAYS •
Clause 32.04: Mixed Use Zone (MUZ) The purpose of the MUZ is to facilitate the use, development and redevelopment of land, with housing at higher densities. A planning permit is required to construct two or more dwellings on a lot (32.04-6). A permit is not required for use of the site as dwellings (32.04-2).
•
Clause 43.02: Design and Development Overlay (DDO1) Schedule 1 identifies the site as land adjoining a heritage place. The heritage site is Downs & Sons Rope and Cordage Works (64-72 Tinning Street & 7-9 Cassels Road, HO177). The overlay is in place to ensure the location, bulk, height and appearance of new development is in keeping with the character of the area. In particular the impact on the heritage significance, character and appearance of the heritage place. This has been considered under the Clause 55 assessment table attached to this report.
•
Clause 45.03 Environmental Audit Overlay (EAO) Identifies the site as potentially contaminated land and requires that prior to construction commencing that land be deemed suitable for residential use. This requires the issues of either a Certificate of Environmental Audit or a Statement of Environmental Audit. The applicant has not yet provided this and it is therefore considered in the conditions of the permit.
Figure 7: Mixed Use Zone (MUZ)
Figure 8: Design and Development Overlay (DDO1)
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LUCY FERGUSON 327515
Figure 9: Environmental Audit Overlay (EAO)
PLANNING LAW & STATUTORY PLANNING ABPL90130
Figure 10: Adjoining Heritage Overlay (HO177)
STATE PLANNING POLICY FRAMEWORK (SPPF) & LOCAL PLANNING POLICY FRAMEWORK (LPPF) The following State Planning Policies are of most relevance to this application: •
Clause 11: Settlement This clause is based around the need for planning to respond to the needs of the existing and future population. Considered within this is the identification of opportunities for consolidation, redevelopment and intensification of existing urban areas.
•
Clause 15: Built Environment and Heritage This clause seeks an appropriate response to existing built form and context. It requires a response of high urban and architectural design that achieves an outcome that positively contributes to the local urban character.
•
Clause 16: Housing Outlined within this clause is the need to provide housing diversity to meet community needs and provide increased housing choice while making use of existing infrastructure.
The following Key Strategic Statements of the Municipal Strategic Statement (MSS) and the following Local Planning Policies are of most relevance to this application: •
Clause 21.03-5: Changing Pattern of Transport Compared to the metropolitan average, Moreland has low levels of car ownership and a greater portion of people use public transport, walk and cycle. These active modes of transport have traffic and environmental benefits and should be facilitated and encouraged.
•
Clause 21.05-1: Housing Support urban consolidation and diversity to provide for expected population growth and demographic change. Diversity is essential to add positively to existing housing stock and provide for the ageing population of Moreland.
•
Clause 22.09: Vehicle Crossings (Driveways) There are currently 4 existing crossovers on site. The proposed development intends the widening of the crossover to the western boundary carriageway easement and the relocation of the 2 central crossovers into one to service the garages to apartments 3 & 4. The eastern existing crossover is to remain.
•
Clause 22.10: Neighbourhood Character 74 Tinning Street is located within Precinct 58, an analysis of the developments merits against the neighbourhood character provisions has been made under the Clause 55 Assessment attached to this report.
The proposal meets the general objectives of the SPPF and LPPF as it recognises the site as able to accommodate an increase in density as it is in an established area close to amenities and public transport. The development is an opportunity for consolidation, redevelopment and intensification within a site, which is currently under-utilised and makes the most of its development potential. Specifically The reduction of on site parking is in line with the identified changes in transport use within the region, diversity for the changing population demographics is also recognising in the provision of 1, 2 and 3 bedroom dwellings and overall the development is respective of the neighbourhood character.
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PARTICULAR PROVISIONS •
Clause 52.06: Car Parking The proposal provides one car parking space for every two bedroom dwelling and two spaces for the three bedroom dwellings. A permit is required to reduce the car parking requirement, a reduction of 4-visitor spaces was originally sought for the development of 23 dwellings. Since it has been agreed that the overall dwelling yield be reduced to 19, the visitor parking requirement is subsequently lowered to 3. It is considered reasonable to reduce car parking requirement based on the Local Planning Policy Framework (Objective 4 of Clause 21.05-9). The strategic site context on the periphery of the Anstey Urban Village and walking distance to Anstey Station and tram routes on Sydney Road support the reduced reliance on car travel and increase in use of existing public transport networks.
•
Clause 52.34: Bicycle Facilities Although the development is below the four storey limit to require resident and visitor bicycle spaces it is considered an appropriate response due to the reduction in visitor car spaces.
•
Clause 55: Two or More Dwellings on a Lot and Residential Buildings An analysis of the application against the requirement of Clause 55 of the Planning Scheme is attached to this report. The assessment demonstrates how the proposed development responds to the objectives and standards of the Moreland Planning Scheme, any variation required has been mentioned and conditioned.
INCORPORATED OR REFERENCE DOCUMENTS Moreland Neighbourhood Character Guidelines 2006 (Precinct Data Sheet 58) Moreland Keeping Brunswick’s Heritage: A Report on the Review of the Brunswick Conservation Study PLANNING SCHEME AMENDMENTS •
C71: Environmentally Efficient Design (Local Planning Policy 22.14) Advisory Committee and Panel Report for Amendment C71 was received on 9 April 2014,recommended that it be adopted generally as exhibited. Council is now considering the recommendations of the report. Requires the submission of a Sustainability Management Plan (SMP) for a larger scale development (residential with more than 10 dwellings), this is considered appropriate to request a SMP for the scale and nature of the development since further information is required regarding waste management, energy efficiency and storm water management.
SUMMARY OF KEY ISSUES Car Parking and Traffic Impact: Council’s strategic Transport Department support the car parking proposed and consider the development will not cause traffic problems. Visitor car parking spaces have not been provided. It is considered reasonable to reduce the requirement based on: • The site being supported by public transport infrastructure • Lower car ownership rates within Moreland • The provision of bicycle facilities Overdevelopment: • State Planning Policy, as well as Local Planning Policy supports higher densities in areas with good access to public transport and other services, the development achieves a high level of compliance with consolidation objectives • Agreement by the applicant to reduce the overall yield of the development from 23 dwellings to 19 and provide 2 x 1 bedrooms apartments, reduces the scale in response to this concern and provides greater housing diversity • The proposal is therefore not considered to be an overdevelopment of the site or an undesirable precedent Compliance with Clause 55: Attached to this report is the assessment of the development against the objectives and standards of Clause 55. Overall the development compiles with the objectives and with variation it meets an increased number of standards. The following standards are not met and justified within the assessment section: • B6 Street Setback, B7 Building Height, B8 Site Coverage, B9 Permeability, B16 Parking Provision, B17 Side and Rear Setbacks and B25 Accessibility The following standards are addressed within the conditions of the permit: • B3 Dwelling Diversity, B23 Internal Views, B30 Storage and B34 Site Services
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CONCLUSION It is considered that the proposed construction of two three-storey buildings containing a total of 19 dwellings and a reduction in car parking is an acceptable site response considering the context and supporting policy subject to the indicated conditions. On the balance of the policies and controls within the Moreland Planning Scheme and the objections received and subsequent agreement with the applicant, it is considered that Notice of Decision to Grant a Planning Permit No. MPS/2014/49 should be issued.
RECOMMENDATION The Council having caused notice of Planning Application No. MPS/2014/49 to be given under Section 52 of the Planning and Environment Act 1987 and having considered all the matters required under Section 60 of the Planning and Environment Act 1987 decides to Grant a Notice of Decision to Grant a Permit under the provisions of the Moreland Planning Scheme in respect of the land known and described as 74 Tinning Street Brunswick, for the development of the land for 19 dwellings within two triple storey buildings and a reduction in the car parking requirement in accordance with the endorsed plans, with the application dated 05/03/2014, subject to the following conditions: 1.
Before the development commences, amended plans to the satisfaction of the Responsible Authority must be submitted 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 generally in accordance with the plans advertised with the application but modified to show: a) b) c) d) e)
f) g) h)
Reduction of overall dwelling yield from 23 dwellings to 19. Provision of 2 x 1 bedroom apartments in place of 2 x 2 bedroom apartments. Minimise internal overlooking between private open deck spaces within the development. 3 6m of external storage provided for 3 bedroom apartments. This storage is to be provided within garages and / or below the stairs of each dwelling. The internal dimension of the tandem garages for 3 bedroom dwelling dimensioned at least m long by 3.5m wide, with an additional 500mm in length provided between spaces, in accordance with Clause 52.06-8 of the Moreland Planning Scheme. Details of screening above the bin area to reduce the impact of adjoining dwelling. Measures to ensure design creates a low-speed, pedestrian friendly and safe environment within the accessways. This may include mirror and speed bumps, as per the City Strategy and Design Branch recommendations. The location of any air-conditioning unit and other plant equipment, including any screening.
2.
The development as shown on the endorsed plans must not be altered without the consent of the Responsible Authority.
3.
Prior to the commencement of any development works, an Environmental Audit Report or Statement of Environmental Audit must be submitted to and approved by the Responsible Authority.
4.
Prior to the commencement of development, a Sustainable Management Plan (SMP) must be submitted and approved to the satisfaction of the Responsible Authority. When submitted and approved the SMP will be endorsed and form part of this permit. The plan must address the 10 key categories and in particular cover the following: a)
b)
c)
5.
Waste Management Plan: • Space requirements for recycling, rubbish and green waste • Management proposal for bin placement, collection and removal • Whether parking restrictions will be required to allow for waste trucks to service bins Storm Water Management Plan: • Legal point of discharge and how the site will be drained from the property boundary to the point of discharge • Collection of any water in rainwater tanks for re-use Environmentally Sustainable Design (ESD) • Energy Rating Report (4 star Green Star or equivalent)
Prior to the occupation of the development, a vehicle crossing must be constructed in every location shown on the endorsed plans to a standard satisfactory to the Responsible Authority (Moreland City Council, City Infrastructure Department).
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6.
Prior to the occupation of the development, any existing and proposed vehicle crossing not to be used in this use or development must be removed and the kerb and channel, footpath and nature strip reinstated to the satisfaction of the Responsible Authority (Moreland City Council, City Infrastructure Department).
7.
Prior to the occupation of the development, an automatic system of external light operating between dusk and dawn with no direct light emitted onto adjoining properties, must be installed and maintained on the land to the satisfaction of the Responsible Authority to illuminate access to dwellings.
8.
All bicycle parking facilities must be installed in a secure manner that accords with the specifications in Bicycle Victoria’s bicycle Handbook, to the satisfaction of the Responsible Authority.
9.
Prior to the issuing of Statement of compliance or occupation of the development, whichever occurs first, all visual screening measure shown on endorsed plans must be installed to the satisfaction of the Responsible Authority. All visual screening measures to prevent overlooking must be maintained to the satisfaction of the Responsible authority. Any screening measure that is removed or unsatisfactorily maintained must be replaced to the satisfaction of the Responsible authority.
10. This permit will expire if one of the following circumstances applies: a) The development is not commenced with two (2) years from the date of issue of this permit; b) The development is not completed within four (4) years from the date of issue of this permit. The Responsible authority may extend the period referred to if a request is made in writing before the permit expires or; • Within six months after the permit expires to extend commencement date. • Within 12 months after the permit expires to extend the completion date of the development if the development has lawfully commenced.
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ASSESSMENT TABLE: CLAUSE 55 55.02 NEIGHBOURHOOD CHARACTER Title & Objective
Standard
Complies / Does Not Comply / Variation Required
B1 Neighbourhood Character
Appropriate design response to the neighbourhood and site.
✓
Design respects existing neighbourhood character or contributes to a preferred neighbourhood character. Development responds to features of the site and surrounding area.
B2 Residential Policy Residential development is consistent with housing policies in the SPPF, LPPF including the MSS and local planning policies. Support medium densities in areas to take advantage of public transport and community infrastructure and services. B3 Dwelling Diversity Encourages a range of dwelling sizes and types in developments of ten or more dwellings.
B4 Infrastructure Provides appropriate utility services and infrastructure without overloading the capacity.
B5 Integration with the Street Integrate the layout of development with the street.
The proposal will maintain existing neighbourhood character as it is respective of the key characteristics of the Precinct 58 (outlined in the Neighbourhood Character Guidelines): • • • •
Mixed architectural styles One, two and three storey dwellings Setbacks less than 5m Medium height front fences
Design respects the existing or preferred neighbourhood character & responds to site features.
✓
Architectural treatment is respective to existing materials of surrounding built environment. Internal referral to the Heritage Advisor, no objections were made.
Application to be accompanied by written statement that explains consistency with relevant housing policy in SPPF, LPPF, MSS and local planning policies.
✓
A written statement outlining the relevant SPPF and LPPF to the development accompanied the application. The main argument put forward by the developer is that it adds positively to existing housing stock and is located within the proximity of established services including public transport. This has been discussed in further detailed under the Assessment sub-heading of this report.
Developments of ten or more dwellings to provide for:
✓
The proposed 23 dwelling development provides 18 x 2 bedroom townhouses and 5 x 3 bedroom townhouses, all across three levels. Agreement to increase diversity by providing 2 x 1 bedroom apartments.
✗
No townhouse contains a kitchen, bath or shower, and a toilet and washbasin at ground floor level.
Connection to reticulated sewerage, electricity, gas and drainage services.
✓
Utility services and infrastructure will be connected to all required reticulated services.
Capacity of infrastructure and utility services should not be exceeded unreasonably.
✓
No known issues. The level of existing infrastructure is such that the development should not represent a burden on existing site services and facilities.
Provision should be made for upgrading and mitigation of the impact of services or infrastructure where little or no spare capacity exists.
NA
No known issues therefore no provision required for upgrading.
Development orientated to front existing and proposed streets.
✓
The layout of the development is orientated towards Tinning Street and the internal shared accessway.
Vehicle and pedestrian links that maintain and enhance local accessibility.
✓
The proposed development provides adequate vehicle and pedestrian links. The accessway to the rear is maintained and crossovers along Tinning Street are reduced.
High fences in front of dwellings should be avoided if practicable.
✓
The proposed front fence height is 1.2m.
Development next to public open space should be laid out to complement the open space.
NA
Development is not next to public open space.
•
Dwellings with a different number of bedrooms.
•
At least one dwelling containing a kitchen, bath or shower, and a toilet and washbasin at ground floor level.
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55.03 SITE LAYOUT AND BUILDING MASSING Title & Objective
Standard
Complies / Does Not Comply / Variation Required
B6 Street Setback
Walls of buildings should be set back from streets: at least the distance specified in the schedule to the zone, or existing building on both the abutting allotments facing the same street & site is not on a corner. Min front Setback = average setback of existing buildings on abutting allotments facing the front street or 9m, whichever is the lesser.
✗
No distance is specified in the MUZ Schedule. The existing dwelling to the east is setback is 4.6m and the dwelling to the west is on the site boundary, making the average setback 2.3m. The proposed ground floor is set back 1.9m. Despite not meeting the standard the setback enables a landscaping opportunity and respects the heritage nature of the adjoining buildings.
Porches, pergolas and verandahs less than 3.6m high and eaves may encroach not more than 2.5m into the setbacks of this standard.
✓
Level 1 deck height is above 3.6m and does not encroach more that 2.5m into the setback.
The maximum building height should not exceed that specified in the zone, schedule to the zone or any overlay that applies to the land. Where no maximum height is specified, the max height should not exceed 9m, unless the slope of the natural ground level at any cross section wider than 8m of the site is 2.5 degrees or more, in which case the max height should not exceed 10m.
✗
No maximum building height is specified in the MUZ Schedule therefore should not exceed 9m. The proposed building height along Tinning Street is 11.4m. Schedule 1 to the Design and Development Overlay outlines the need to integrate with the adjoining heritage listed sites, the development height is considered compatible with 64-70 Tinning Street. Does not comply however the height is considered an appropriate response for the site.
Changes of building height between new and existing should be graduated.
✓
The proposed streetscape is considered graduated in that eastern buildings is only one level lower and despite the western building only being one storey, the accessway provides enough distance for the two storey distance to appear more gradual.
The site area covered by buildings should not exceed:
✗
The site area covered by buildings is 1412m (64.5%), this is above the maximum of 60%.
At least 20% of the site should not be covered by impervious surfaces
✗
The proposed development contains 162m of permeable site area (7.4%); this is considerably below the minimum however is an improvement on the existing condition.
Orientation of buildings should make appropriate use of solar energy.
✓
Orientation and placement of buildings is an adequate response to the site to make use of solar energy.
Siting and design of buildings should not reduce the energy efficiency of buildings on adjoining lots.
✓
Minimal impact on existing dwellings, energy efficiency is not reduced.
If practicable the living areas and private open space are to be located on the north side. Solar access for north-facing windows should be maximised.
✓
Strategic placement of windows to internal living areas provides adequate daylight.
B11 Open Space
Public open spaces should:
NA
Integrate layout of development with any public and communal open space provided in or adjacent to the development.
•
Be substantially fronted by dwellings.
•
Provide outlook for dwellings.
No public open space is provided within this development apart from the shared accessway that is primarily for access purposes.
•
Be designed to protect natural features.
•
Be accessible and usable. ✓
Despite several dwellings entrance points being at the end of the shared accessway they are not considered to be isolated or obscured due to adequate lighting and overlooking.
The setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.
B7 Building Height Building height should respect the existing or preferred neighbourhood character.
B8 Site Coverage Site coverage should respect the existing or preferred neighbourhood character and respond to the features of the site. B9 Permeability Reduce the impact of stormwater run-off on the drainage system and facilitate on-site stormwater infiltration. B10 Energy Efficiency Achieve and protect energy efficient dwellings and residential buildings. Ensure orientation and layout reduces fossil fuel energy use and makes appropriate use of daylight and solar energy.
B12 Safety Layout to provide safety and security for residents and
•
The max site coverage specified in the schedule to the zone, or
•
If no max site coverage is specified 60%
Entrances to dwellings and residential buildings should not be isolated or obscured from the street and internal accessways.
2
2
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property.
PLANNING LAW & STATUTORY PLANNING ABPL90130
Planting should not create unsafe spaces along streets and accessways.
✓
Planting will not cause spaces to become unsafe due to the small-scale nature of planting selected along streets and accessways.
Good lighting, visibility and surveillance of car parks and internal accessways.
✓
Adequate lighting along the internal central accessway has been provided in the form of overhead catenary lighting and timber bollards with inset lighting along the carriageway. The accessways are also overlooked by private open space.
Protection of private spaces from inappropriate use as public thoroughfares.
NA
No private space at risk of use by public.
B13 Landscaping
Landscape layout and design should:
✓
To provide appropriate landscaping to encourage:
•
Protect predominant landscape features of the neighbourhood
•
Take into account the soil type and drainage patterns of the site
Consideration of soil type and drainage has been provided within the landscape plan and materials list. The plan also takes into account the mature size of selected plants
•
Allow for intended veg. growth and structural protection of buildings
•
In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals.
•
Provide a safe, attractive and functional environment for residents
•
Development that respects the landscape character of the neighbourhood.
•
Development that maintains and enhances habitat for plants and animals in locations of habitat importance.
•
The retention of mature vegetation on the site.
The site is not of habitat importance and there is no mature vegetation that requires retention.
✓
None of the trees are considered significant for retention. It is proposed to retain existing planting along the west boundary until the completion of construction.
Landscape design should specify landscape themes, vegetation location & species, paving & lighting.
✓
A detailed landscape plan & materials list has been provided Planting is described as low maintenance and predominately native species. Natural stone and timber have been selected for surfaces, fences, walls and features.
B14 Access
Accessways should provide:
✓
Ensure the safe, manageable and convenient vehicle access to and from the development. Ensure the number and design of vehicle crossovers respects neighbourhood character.
•
Safe, convenient and efficient vehicle movements and connections to the street network
•
Designed to ensure that vehicles can exit in a forward direction if the accessway serves more than 5 car spaces, 3 or more dwellings or connects to a road in a Road Zone.
The main crossover servicing the site and the adjoining property is to be widened to provide a passing area at the entrance that is over 7 m long and 5m wide and is therefore considered adequate.
•
A width of at least 3m.
•
An internal radius of at least 4m at changes of direction.
•
A passing area at the entrance that is at least 5m wide and 7m long if the accessway serves 10 or more car spaces and connects to a road in a Road Zone. ✓
The development proposes a reduction in the overall width of accessways, bringing the width well below 30% of the street frontage.
✓
On-street car parking spaces will be increased with the proposed relocation of exiting crossovers.
Development should: •
Provide for the retention or planting of trees, where these are part of the character of neighbourhood.
•
Provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made.
The width of the accessways or car spaces should not exceed: •
33% of the street frontage; or
•
40% if the width of the street frontage is less than 20m.
The location of crossovers will maximise the retention of on-street car parking spaces.
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Access points to a road in Road Zones to be minimised.
NA
Site does not adjoin a Road Zone.
Access for service, emergency and delivery vehicles must be provided.
✓
The western carriageway and central accessway are considered adequate for service, emergency and delivery vehicles.
B15 Parking Location
Car parking facilities should be:
✓
Provide resident and visitor vehicles with convenient parking.
•
Close and convenient to dwellings.
•
Secure.
All resident parking is provided within garages that are conveniently located on the ground floor of all dwellings. Providing cover, security, privacy and safe access for residents.
•
Designed to allow safe and efficient movements.
•
Well-ventilated if enclosed.
•
Broken up with trees and buildings or different surface treatments (applicable to Large Parking Areas.)
Shared accessways, car parks of other dwellings/ residential buildings should be at least 1.5m from the windows of habitable rooms. This setback may be reduced to 1m, where there is a fence at least 1.5m high or windowsills are at least 1.4m above the accessway.
✓
Habitable rooms on the ground floor do not adjoin the vehicle accessways.
Car parking for residents to be provided as follows:
✓
3 bedroom apartments (2, 5, 6, 7 and 23) are allocated a two vehicle garages and 2 bedrooms apartments are allocated a single garage. This is in accordance with the standard.
Developments of 5 or more dwellings should provide visitor parking of 1 per 5 dwellings and marked for visitor parking.
✗
A permit for a reduction in car parking has been applied for as no on site visitor car parking is proposed.
In developments of five or more dwellings bicycle parking spaces should be provided.
✓
Bike racks have been provided within garage spaces off all dwellings.
Car spaces provided in a garage, carport or otherwise constrained by walls should be:
✗
Double garages provided for the three bedroom dwellings are not adequate in length at only 12.33m.
Avoid parking and traffic difficulties in the development and the neighbourhood. Protect residents from vehicular noise within developments.
B16 Parking Provision Ensure car and bicycle parking meets the needs of residents and visitors. Accessways should be practical, attractive and easily maintainable.
•
1 car space for each 1 or 2 bedroom dwelling.
•
2 spaces for each 3 or more bedroom dwelling with 1 space under cover.
•
Note: Separate studies or studios must be counted as bedrooms.
•
One space: 6m long + 3.5m wide.
•
Two spaces: 6m long + 5.5m wide measured inside the garage or carport. 55.04 AMENITY IMPACTS
Title & Objective
Standard
Complies / Does Not Comply / Variation Required
B17 Side and Rear Setbacks
A new building not on or within 150mm of a boundary should be setback from side or rear boundaries:
✗
No side and rear setback distance is specified in the MUZ Schedule. The proposed building sits within the limits of the current building. The third storey of the rear block is set back 2.3m from the boundary with the exception of apartment 23 the most eastern apartment. This small section does not impact any existing dwellings and is therefore considered suitable, overall the development is within the existing footprint and can remain the same.
✓
The existing wall along the northern site boundary is to be retained. The wall along the eastern boundary will not extend far beyond the current length.
Ensure the height and setback respects the existing or preferred neighbourhood character and limits the amenity impacts on existing dwellings.
B18 Walls on Boundaries Ensure the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the amenity impacts on existing dwellings.
•
At least the distance specified in the schedule to the zone, or
•
1m+ 0.3m for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.
A new wall constructed on or within 150mm of a side or rear boundary of a lot or a carport constructed on or within 1m of a side or rear boundary of a lot should not abut the boundary for a length of more than: • 10m plus 25 % of the remaining length of the boundary of an adjoining lot.
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B19 Daylight to Existing Windows Allow adequate daylight into existing habitable room windows. B20 North Facing Windows Allow adequate solar access to existing north-facing habitable room windows. B21 Overshadowing Open Space Ensure buildings do not significantly overshadow existing secluded private open space.
PLANNING LAW & STATUTORY PLANNING ABPL90130
Buildings opposite an existing habitable room window should provide a light court of at least 3sqm and a minimum dimension of 1m clear to the sky (this can include land on the adjoining lot).
✓
The development is setback from existing habitable rooms and is respective of habitable spaces of neighbouring residents.
Buildings should be setback 1m if an existing north-facing habitable window is within 3m of the abutting lot boundary. (Add 0.6m to this setback for every metre of height over 3.6m and add 1m for every metre over 6.9m.)
✓
No north-facing habitable room windows will be impacted by the development.
Where sunlight to a private open space of an existing dwelling is reduced, at least 75%, or 40sqm with min. 3m, whichever is the lesser area, of the open space should receive a min. of 5 hours of sunlight between 9 am and 3pm on 22 Sept.
✓
The development will not unduly overshadow private open space of adjoining properties. The principal private open space of the western adjoining property will receive a minimum of 5 hours of direct sunlight, overshadowing only occurs in the early morning.
✓
Potential for overlooking is minimised, views into habitable room windows of dwellings is not an issue due to adequate glazing and screening.
Obscure glazing below 1.7m above floor level may be openable if there are no direct views as specified in this standard.
✓
Both frosted and screened (25% transparency) glazing has been proposed as screening to 1.7, above floor level.
Screens to obscure view should be:
✓
Appropriate screening has been provided in the form of brick screen detailing which blend in with the selected materiality of the development.
Windows and balconies should to be designed to prevent overlooking of more than 50% of the secluded private open space of a lower level dwelling or residential building within the same development.
✗
Deck space of apartments 21 & 22 in the northern block and 9 & 10 in the southern block though separated by 5m may be subject to internal overlooking. Reconfiguration of the design to 19 dwellings could remove this undesired outcome.
Noise sources should not be located near bedrooms of immediately adjacent existing dwellings.
✓
The proposed development will not create any unreasonable noise impacts to neighbouring properties. Previous industrial site use likely to have
Noise sensitive rooms and private open space should consider noise sources on immediately adjacent properties.
✓
Noise sensitive rooms are sited to take into consideration noise sources from adjacent properties.
Noise levels should be limited in habitable rooms in dwellings and residential buildings.
NA
Noise level from busy roads and industry are not applicable to this development.
If the existing sunlight to the private open space of an existing dwelling is less than these requirements, the amount of sunlight should not be reduced further. B22 Overlooking Limit views into existing secluded private open space and habitable room windows.
A habitable room window, balcony, terrace, deck or patio should be designed to avoid direct views into the secluded private open space of an existing dwelling within 9m (see clause for details) should have either: A minimum offset of 1.5m from the edge of one window to the other. Sill heights of at least 1.7m above floor level. Fixed obscure glazing in any part of the window below 1.7m above floor level. Permanently fixed external screens to at least 1.7m above floor level and be no more than 25 % transparent.
B23 Internal Views Limit views into existing secluded private open space and habitable room windows of dwellings and residential buildings within the same development. B24 Noise Impacts Protect residents from external noise and contain noise sources in developments that may affect existing dwellings.
•
Perforated panels or trellis with solid translucent panels or a maximum 25% openings.
•
Permanent, fixed and durable.
•
Blended into the development.
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PLANNING LAW & STATUTORY PLANNING ABPL90130
Dwellings and residential buildings should be designed to limit noise levels in habitable rooms close to busy roads, railway lines or industry. 55.05 ON-SITE AMENITY AND FACILITIES Title & Objective
Standard
Complies / Does Not Comply / Variation Required
B25 Accessibility
Dwelling entries of the ground floor of buildings should be accessible or able to be easily made accessible to people with limited mobility.
✗
The three-storey development is generally not suited to people with limited mobility. However the open plan layout and entry at ground level allows for convenient access.
Entries are to be visible and easily identifiable from streets and other public areas.
✓
Individual and private entrances are provided that are visible from the street or the shared access way, which is overlooked by private open space.
The entries should provide shelter, a sense of personal address and a transitional space.
✓
Shelter and transitional space around the entry provided for each apartment.
B27 Daylight to New Windows
Habitable room windows to face:
✓
Allow adequate daylight into new habitable room windows.
•
Outdoor space open to the sky or light court with minimum area of 3sqm and a min. dimension of 1m clear to the sky or;
The habitable rooms of each dwelling within the development are provided with adequately dimensioned windows.
•
Verandah, provided it is open for at least one third of its perimeter or;
•
A carport provided it has two or more open sides and is open for at least one third of its perimeter. ✓
Private open space is provided in each apartment in the form of an outdoor deck. Each deck meets 2 the size requirements of over 8m , with a width of over 1.6m and is accessed from the living room. The provision of private open space varies 2 2 between apartments from 9m up to 19m .
The private open space should be located on the north side of the dwelling if appropriate.
✓
Where appropriate open space is on the north side of the dwelling. Only 6 of the 23 apartments the open space is on the south side of the dwellings.
Each dwelling should have access to a 3 minimum 6m of externally accessible, secure storage space.
✗
Apartments 2, 5, 6 and 7 provide 4.85m of 3 storage and apartment 23 provides 3.6m . These 6 apartments do not meet the minimum storage requirements.
Consider people with limited mobility in the design of developments. B26 Dwelling Entry Provide a sense of identity to each dwelling/residential building.
B28 Private Open Space Provide reasonable recreation and service needs of residents by adequate private open space
B29 Solar Access to Open Space
Unless specified in the schedule to the zone, a dwelling should have private open space consisting of: •
40sqm with one part at the side or rear of the dwelling/residential building with a minimum dimension of 3m, a minimum area of 25sqm and convenient access from a living room or;
•
Balcony - minimum 8sqm, minimum width 1.6m and accessed from living room or;
•
Roof-top – minimum 10sqm, minimum width 2m and convenient access from living room.
Allow solar access into the secluded private open space of new dwellings/buildings. B30 Storage Provide adequate storage facilities for each dwelling.
3
55.06 DETAILED DESIGN Title & Objective
Standard
Complies / Does Not Comply / Variation Required
B31 Design Detail
Design of buildings should respect the existing or preferred neighbourhood character and address:
✓
Encourage design detail that respects the existing or preferred neighbourhood character.
•
Façade articulation & detailing.
•
Window and door proportions.
•
Roof form.
•
Verandahs, eaves and parapets.
Provides a visually interesting façade to Tinning Street. Built form is broken up into smaller elements and provides variation of materials, finishes and window forms.
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B32 Front Fences Encourage front fence design that respects the existing or preferred neighbourhood character
B33 Common Property Ensure car parking, access areas and other communal open space is practical, attractive and easily maintained. Avoid future management difficulties in common ownership areas. B34 Site Services Ensure site services and facilities can be installed and easily maintained and are accessible, adequate and attractive
PLANNING LAW & STATUTORY PLANNING ABPL90130
Garages and carports should be visually compatible with the development and neighbourhood character.
✓
Only 3 of the 23 garages face Tinning Street and fit well into the façade of the building, making them visually compatible with the character of the development and neighbourhood.
The front fence should complement the design of the dwelling or any front fences on adjoining properties.
✓
The front fence is a timber batten design of 40mm width at 100mm centres. The timber ties in with the natural and dark stain timber cladding featured in the façade and on the garage door lining, as well as complementing the vertical batten style of the deck balustrades.
A front fence within 3m of the street should not exceed the maximum height specified in the schedule to the zone or if no max. specified, the front fence should not exceed:
✓
No height is specified in the schedule to the zone. The proposed front fence height is 1.2m below the maximum of 1.5m.
Common property should be functional and capable of efficient management.
✓
Waste management is to be included within the Sustainable Management Plan (SMP) provided to the Responsible authority as conditioned.
Public, communal and private areas should be clearly delineated.
✓
Communal space is limited to a shared accessway. This area is easily defined.
Dwelling layout and design should provide for sufficient space and facilities for services to be installed and maintained.
✗
Site services have been provided, SMP to clarify maintenance and management of bin and recycling enclosures within the Waste Management section.
Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and should blend in with the development.
✓
Bin storage for 16 x 240L bins within a timber batten fence and gate enclosure, this blends in with the front fence design. Addition of high fence to screen bin area from adjoining property carports should be considered.
The site facilities including mailboxes should be located for convenient access. Bin and recycling enclosures located for convenient access. Mailboxes provided and located for convenient access as required by Aust. Post.
✓
Mailboxes are in accordance with Australia Post requirements and are provided for all apartments at the western side of the accessway.
•
2m if abutting a Road Zone, Category 1.
•
1.5m in any other streets.
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PLANNING LAW & STATUTORY PLANNING ABPL90130
PART TWO: Two aspects of the Planning Scheme will be discussed within this section. Beginning with an exploration of the conflict apparent between State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF) within Planning Schemes, this has become apparent at a broader scale from exposure to red dot VCAT cases. Particularly the conflicting State Planning Policy of consolidation with Local Planning Policy to retain neighbourhood character. The underlying process of balancing objectives and standards by the Responsible Authority (RA) and the Victorian Civil and Administrative Tribunal (VCAT) will then be explored as a result of such conflicts. The second aspect relates to the Moreland Scheme in particular where it appeared that despite Local Planning Policy objectives to encourage sustainably designed built form, a lack of statutory controls exist to enforce such standards.
There appears to be an apparent tension between policy at a State and Local level within some Local Government Planning Schemes. The SPPF is included as part of the Victorian Planning Provision (VPP) template and is included within all schemes; it covers strategic issues of State importance. The LPPF on the other hand is particular to the municipality and set s a local strategic policy context. Preferably the LPPF operates consistently with the SPPF, this is however not always the case. Inconsistency impacts the effectiveness of the decision making process. Where there is consistency there is greater clarity for developers and a reduction in residents and developers’ reliance on VCAT to resolve disputes. State level urban consolidation and density objectives to provide adequate housing can disagree with Local level objectives to maintain neighbourhood character. This is often evident within well-established suburbs that strive to preserve the amenity and quality of the urban environment and prefer development of a smaller scale and height. An example of this is in the Municipality of Boroondara, in the southwest corner of Camberwell Junction in Hawthorn East a significant shopping and transport centre in a key location, the proposal a substantial mixed-use redevelopment of 14 storeys (FKP Lifestyle Pty Ltd v Boroondara CC & Others 2008 VCAT 162). The proposal was considered to be inconsistent with local planning policy, yet within State policy regarded it as an appropriate response considering the location within the Principal Activity Centre. As mentioned this generally results in developers’ reliance upon on the Victorian Civil and Administrative Tribunal (VCAT) to determine planning applications. What is then encountered is a requirement to balance conflicting objective. Balancing of conflicting objectives ‘in favour or net community benefit and sustainable development’, rather than one policy overriding another. If a consensus between the State Government and Local Councils can be reached to avoid contradictory planning policies, this phase would not be required.
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PLANNING LAW & STATUTORY PLANNING ABPL90130
Aside from conflicts between State and Local policy, exploration of the Moreland Scheme has uncovered the lack of statutory controls within the Scheme to enforce certain local policies and achieve desired outcomes. Objectives are evident within the LPPF to achieve sustainable building standards however there appears to be a lack controls in place in enforce such objectives: •
21.03-4 Ensuring Community Benefit from Increased Density Development (need to ensure developments incorporate best practice environmentally sustainable design and development outcomes)
•
21.03-9 Reducing Environmental Impact (reduction in greenhouse gas emissions, car travel and resource use)
As it stands currently the minimum requirements of Victorian Building Regulations are relied on to enforce sustainable development standards, making it difficult to justify decisions upon the merits of environmental performance. There is an absence of planning controls with the exception of the energy efficiency and daylight to windows standards of Clause 55. Lack of formal requirements to enforce such statutory tests leads to a discrepancy between the expectations of Local Council and applicants. Considered by developers as voluntary steps that are not statutorily recognised therefore likelihood of approval is not necessarily increased and are therefore unlikely to provide documentation such as a Sustainable Management Plan (SMP). It is noted that amendment C71 aims to introduce Clause 22.14 Environmentally Efficient Design and will strengthen the ability for the RA to considerer sustainable design (ESD) within the LPPF. It is however to be implemented with a range of non-statutory measures.
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