2 march 2010 application for planning ... - city of melbourne · 1. to advise the future melbourne...

F U T U R E M E L B O U R N E C O M M I T T E E R E P O R T Agenda Item 5.2 2 March 2010APPLICATION FOR PLANNING PERMIT: TP-2009-718 7 HAINES STREET, NORTH MELBOURNE

Portfolio Planning

Division City Planning and Infrastructure

Presenter Martin Williams, Executive Officer Planning

Purpose

1. To advise the Future Melbourne Committee of a Planning Permit Application to partially demolish the existing dwelling and construct a double storey extension to the rear; and construct a further two dwellings on the lot with a car parking waiver.

2. This application is presented to the Future Melbourne Committee at the request of Councillor Shanahan.

Summary

Application Number: TP-2009-718

Proposal: Partially demolish the existing dwelling and construct a double storey extension to the rear and construct a further two dwellings on the lot with a car parking waiver.

Applicant: Kennedy Nolan Architects

Zoning: Residential 1 Zone

Overlay: Heritage Overlay – Schedule 3 (North and West Melbourne Precinct) Special Building Overlay

Existing Use: Single dwelling

Number of Objections: 8

Recommendation from management

3. That the Future Melbourne Committee resolve to issue a Notice of Decision to Grant a Permit subject to the conditions at Attachment 1.

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Site and Surrounds

4. The subject site is located approximately 200 metres north of the Errol Street activity centre. The site fronts Haines Street and backs onto Harris Street and is approximately 30 metres west of the intersection with Errol Street (see Attachment 2 – aerial photo). It is occupied by a single storey brick dwelling with vehicle access to a carport via a crossover from Harris Street.

5. The site is rectangular in shape with a 5.5 metres frontage to Haines Street, a 6.1 metres frontage to Harris Street, a maximum depth of 35.5 metres and a site area of approximately 194 square metres. There is a slight fall across the site from north to south.

6. To the east is a double storey brick dwelling setback 15.5 metres from the rear boundary with a large area of open space occupying almost half of the site. To the west is a three storey block of flats. This building is setback 2.8 metres from its eastern boundary and has vehicle access from both Haines and Harris Streets. The rear of this site is used for car parking.

7. Haines Street contains a mix of dwellings of various styles and scales. Harris Street is mostly occupied by the rear of dwellings, vehicle access ways to garages and car ports and high rear fences.

Proposal

8. The application proposes partial demolition to the rear of the existing dwelling retaining the façade, side walls and two front rooms. The car port and rear fence and roller door are also proposed to be demolished (see Attachment 3 – Proposed Plans)

9. The ground floor of the existing dwelling will be rearranged and a first floor with a setback of approximately 8m from the front façade will be added. The first floor will contain a study built to the western boundary and a 9 square metres deck. The study has a large north facing window and is covered by a slanted roof which is partially visible from Haines Street (see Attachment 4 View Line Diagram).

10. At the rear of the site it is proposed to construct two additional dwellings contained within one building fronting Harris Street. The building has an interpretive/contemporary style and is built to the side boundaries at ground floor with varying setbacks at first floor. The new building is setback 3 metres from the existing dwelling at ground floor level.

11. Each dwelling occupies a floor. The ground floor dwelling contains a bedroom, bathroom, open plan living area, a rear court yard of 17.4 square metres and a small east facing deck (3.7 square metres). The first floor dwelling contains a bedroom, study, bathroom, kitchen/dining room and a south facing living room with an 11 square metre terrace in the south west corner of the site that projects over the ground floor.

12. The new building is finished in white cladding at the first floor and vertical timber battens at ground floor. The roof of the terrace is constructed on an incline peaking at 9 metres in height at the south western corner. The side walls are finished with natural grey concrete blocks with Boston Ivy proposed on the western wall. A revised treatment of this wall will be required by permit condition.

13. Bicycle parking is provided on site at the Harris Street frontage. The existing vehicle crossing to Harris Street is to be removed and no car parking is proposed on site.

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Amended Plans

14. The application was amended on 20 November 2009 in response to comments received from Council’s Urban Designers. The amendments included the addition of a ground floor window to Harris Street, mail box provision, a solar hot water service, air conditioning unit, changes to the paving and the provision of ivy to the western wall.

Planning Controls

15. The subject site is located in the Residential 1 Zone where a planning permit is required to extend a dwelling on a lot of less than 300 square metres and construct two or more dwellings on a lot. The purpose of the zone is:

15.1. To provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households.

15.2. To encourage residential development that respects the neighbourhood character.

16. The zone requires the Responsible Authority to consider the standards and objectives of clause 55 (Rescode – two or more dwellings on a lot) before deciding on a permit application.

17. The subject site is located within the Heritage Overlay, Schedule 3 which applies to the North and West Melbourne Precinct. A permit is required to demolish or construct a building and carry out works within this overlay. The purposes of the overlay include:

17.1. To conserve and enhance those elements which contribute to the significance of heritage places; and

17.2. To ensure that development does not adversely affect the significance of heritage places.

18. The Heritage Overlay provides decision guidelines that the Responsible Authority must consider before deciding on a permit application.

19. The subject site is located within the Special Building Overlay. The overlay relates to flooding and requires the Responsible Authority to consider the views of the relevant floodplain management authority (in this case Melbourne Water) before deciding on a permit application.

Referrals

20. As required by the Special Building Overlay the application was referred to Melbourne Water. Melbourne Water did not object to the proposal subject to the inclusion of conditions and footnotes. These conditions are numbered 17-22 and footnotes 3 and 4 (see Attachment 1). The proposal meets the requirements of Melbourne Water as the floor level of the new dwelling (13.00 AHD) is 300mm above the applicable flood level (12.70 AHD).

21. The application was internally referred to Council’s Heritage Advisor and Urban Design Branch.

22. Council’s Heritage Advisor made the following comments (summarised):

22.1. The proposal is appropriate subject to the following:

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22.1.1. Harris Street frontage - Define the property boundary with the building or with a visually permeable fence. The fence could have a contemporary form such as a series of closely spaced bollards and a gate.

22.1.2. Provide colour samples for the proposed colour scheme for assessment.

23. Council’s Urban Designer made the following comments (summarised):

23.1. We would like to commend the applicants for proposing an appropriately scaled development which increases density. This approach to infill development is considered highly appropriate.

23.2. We are concerned that the proposed west elevation is relatively blank. This is particularly problematic as it is unlikely that this wall will be built against in the near future. We suggest that the applicants need to treat this elevation with equal detailing to that of the two street frontages.

23.3. We commend the applicants for not providing car parks on site. We are also supportive of the provision of bicycle storage space.

Key issues

24. The key planning issues are heritage (built form and demolition), the car parking provision and potential amenity impacts.

Heritage – Demolition

25. It is proposed to demolish the rear of the existing dwelling, the rear fence and car port. The proposal retains the front 8 metres of the existing dwelling as required by Council’s heritage policy. The fence and carport are not heritage fabric and therefore their removal is appropriate.

26. Council’s Heritage Advisor supported the extent of demolition.

Heritage - Built Form

27. Council’s planning policy, Heritage Places Outside the Capital City Zone (Clause 22.05) identifies the subject site as a D graded building within level 3 streetscapes (both Haines and Harris Streets). The western adjoining site is ungraded and the eastern adjoining dwelling is C graded. The heritage policy describes a level 3 streetscape as:

27.1. “Level three streetscapes may contain significant buildings but they will be from diverse periods and styles and of low individual significance or integrity.”

28. Council’s heritage policy requires that the shape, façade pattern, colours and details of a new building be interpretive. Interpretive is defined by the policy as:

28.1. “a looser reference to historic size, form, portions, colours, detailing and decoration , but still requires use of historic or closely equivalent materials.”

29. The policy requires that surface materials be respectful. Respectful is defined as:

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30. “a design approach in which historic building size, form, proportions, colours and materials are adopted but modern interpretations are used instead of copies of historic detailing and decorative work.”

31. It is considered that the height, scale and form of the proposed extension and new building are appropriate for a level 3 streetscape. The form, façade, details and materials are considered appropriate. On this basis it is considered the new building will sit comfortably within the streetscape.

32. The policy requires that higher rear parts of an addition to an existing graded building be partly concealed. In most instances, setting back a second-storey addition to a single-storey building, at least 8 metres behind the front facade will achieve concealment. “Partly concealed” means that a limited amount of the higher rear part may be visible provided it does not dominate the appearance of the building's facade and the streetscape.

33. The proposal is setback 8 metres and is only partly visible from Haines Street (See Attachment 4 view line diagrams). The addition will not dominate the streetscape and does not impact upon the significance of the heritage place.

34. Council’s Heritage Advisor supported the built form.

Built Form - ResCode

35. ResCode allows for a maximum building height of 9 metres. At its peak point, the roof of the terrace in the south west corner reaches 9 metres. The proposal therefore complies with the ResCode standard regarding height.

36. The length of the new wall along the western boundary is approximately 12.2m and the length of new boundary wall along the eastern boundary is 10.83m. The relevant ResCode standard states that a new wall should not abut the boundary for a length of more than 10m plus 25% of the remaining length of the boundary on an adjoining lot. The proposal therefore complies with the relevant ResCode standard in terms of the length of boundary walls.

37. In terms of the height of walls on boundaries, ResCode suggests a maximum height of 3.6m with an average height of 3m. Due to the requirements of the Special Building Overlay, the floor level of the new dwelling is required to be higher than natural ground which has resulted in a slightly higher overall building height, including side walls.

38. The section of the eastern boundary wall which abuts the private open space of the adjoining dwelling to the east is required by condition to be reduced to 3 metres on the boundary with a raked roof setback 1 metre where it does not adjoin a simultaneously constructed wall. This section of the wall is currently 3.85 metres in the submitted plans. There is also a section of wall on the eastern boundary which achieves a height of 6.7m – this is located adjacent to a brick shed on the adjoining property.

39. The western boundary wall of the new building on the site is approximately 6.5m in height. There is however a 3m separation between the windows of the adjoining unit development and this wall which ensures these windows will receive adequate daylight access. The wall is setback some distance from Harris Street and a revised treatment to this wall is sought by permit condition.

40. The boundary walls are considered acceptable given:

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40.1. The orientation of the lot and the limited overshadowing impact which results (as discussed below);

40.2. The breaks in the walls and setbacks at ground level;

40.3. The setback of the upper level from the boundaries;

40.4. The existing walls of the eastern adjoining property built on the common boundary including the brick shed;

40.5. The large side and rear setbacks of the western adjoining property; and

40.6. The minimal impact upon habitable room windows.

Overshadowing

41. Clause 55.04-5 Overshadowing to Open Space has the following standard:

41.1. Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded open space should receive a minimum of 5 hours sunlight between 9 am and 3 pm on 22 September.

42. The proposal causes additional shadow to be cast upon the open, car parking area at the rear of the western adjoining property, 9 Haines Street. This area is not secluded private open space.

43. Additional shadow is cast upon the eastern adjoining property at 5 Haines Street. The additional shadow is only cast after 2 pm, therefore the property still receives 5 hours of sunlight as required by ResCode.

44. The proposal therefore complies with both the relevant standard and objective of Rescode with respect to overshadowing (see attachment 5 – Shadow Diagrams).

Overlooking

45. The upper level windows and balconies are adequately screened or setback to avoid views into the adjoining properties.

Site Coverage

46. Clause 55.03-3 of the Melbourne Planning Scheme requires that the extent of site coverage respect the existing or preferred neighbourhood character and respond to the features of the site. It recommends a maximum site coverage of 60 per cent. The existing site coverage already exceeds this at 62 per cent and the site coverage proposed is 78 per cent (an increase in site coverage of 16 per cent of the site area).

47. This increase is considered acceptable as:

47.1. The neighbourhood character generally consists of a high level of site coverage (see attachment 2 – aerial photo);

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47.2. The density proposed is significantly lower than the western adjoining property. The lot size of 9 Haines Street is approximately 525 square metres and it contains 12 dwellings. This equates to a density of approximately 44 square metres per dwelling. By comparison this density is significantly higher to that of the proposal which provided approximately 65 square metres per dwelling.

47.3. The front and rear setback and courtyard in the middle of the site provide permeable surfaces which comply with the relevant ResCode standard; and

47.4. The proposal responds to the features of the site, including taking advantage of the two street frontages.

Car Parking and Traffic Impacts

48. The planning scheme requires provision of 3 on site car parking spaces for the proposal. No on site car parking is proposed.

49. The proposal does however result in an additional on street car parking space which is created by the removal of the Harris Street crossover.

50. Alternative transport options available to occupants of the dwellings include trams along Flemington Road and Abbotsford Street; buses along Haines Street; and cycle routes. Bicycle storage is provided for the two new dwellings and can readily be accommodated within the existing dwelling. The North Melbourne railway station is approximately 1 km away. The removal of on site car parking results in an improvement to the streetscape.

51. Given the site’s excellent access to public transport, shops, services and places of employment residents could carry out day to day activities without a private car.

52. A note would be included on any permit issued advising that future owners and occupiers of the site will not have access to Council’s Priority Parking Scheme.

53. The proposal generally complies with the standards and provisions of the Melbourne Planning Scheme and is therefore considered an appropriate solution for this location. On this basis it is considered that a Notice of Decision should be issued subject to the conditions as listed in Attachment 1.

Consultation

54. On 6th October 2009, notice of the application was sent to the owners/occupiers of the surrounding properties and public notices were placed on the site for a period of fourteen days.

55. In response 8 objections were received from owners and occupiers of neighbouring properties. The grounds of objection are summarised as follows:

55.1. Lack of on site car parking provision;

55.2. Increased traffic in the area;

55.3. Visibility of the extension and new building from Haines Street;

55.4. Lack of storage provision for bins, bike, etc;

55.5. The proposal is an overdevelopment of the site;

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55.6. The density is too high for the lot size;

55.7. Inadequate setbacks to the side boundaries and Harris Street;

55.8. Insufficient private open space provision;

55.9. Loss of amenity to 5 Haines Street.

Time frame

56. The application has exceeded the 60 day time limit set out in the Planning and Environment Act 1987 (“The Act”)

Relation to Council policy (including Municipal Strategic Statement)

57. The recommendation is consistent with the following Council policies:

58. Clause 16 relates to Housing. Clause 16.02 Medium Density Housing has the following objectives:

58.1. “To encourage the development of well designed medium density housing which:

58.1.1. Respects the neighbourhood character;

58.1.2. Improves Housing Choice;

58.1.3. Makes better use of existing infrastructure; and

58.1.4. Improves energy efficiency of housing.”

59. Clause 22.05 – Heritage Places Outside the Capital City Zone and has the following objective:

59.1. “To ensure that new development, and the construction or external alteration of buildings, make a positive contribution to the built form and amenity of the area and are respectful to the architectural, social and historic character and appearance of the streetscape and the area.”

60. Clause 22.17 relates to Urban Design Outside the Capital City Zone and has the following objectives:

60.1. “To ensure that the scale, siting, massing and bulk of the development complement the scale, siting, massing and bulk of adjoining and nearby built form.”

60.2. “To ensure that buildings on prominent sites are designed to achieve a high standard of design which reflect the importance of their location and extent of their visibility.”

61. Clause 22.17 has the following policies:

61.1. “The height of a new development should respect the existing built form of the immediate surroundings. In areas where the desire for built form change has been identified, the height of new development is encouraged to respond to the height of the emerging preferred new built form character.”

61.2. “Development is encouraged to give prominence to the principal street entrance and frontage of a building.”

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Attachments: 1. Conditions 2. Aerial Photo 3. Proposed Plans 4. View line diagram 5. Shadow diagrams

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Finance

62. There are no direct financial issues arising from the recommendation contained in this report.

Conflict of interest

63. No member of Council staff, or other person engaged under a contract, involved in advising on or preparing this report has declared a direct or indirect interest in relation to the matter of the report.

Legal

64. Division 1 of Part 4 of the Act sets out the requirements in relation to applications for permits.

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Attachment 1 Agenda Item 5.2

Future Melbourne Committee 2 March 2010

1

7 Haines Street, North Melbourne TP 2009 718 – CONDITIONS:

1. Prior to the commencement of any demolition on the land, the applicant must submit to the

Responsible Authority three copies of plans drawn to scale generally in accordance with the plans received on 20/11/2009 but amended to show:

a) the 3.85m portion of the eastern boundary wall reduced to 3m on the boundary with a raked roof setback 1m from the boundary;

b) definition of the property boundary to Harris Street with a visually permeable fence;

c) a detailed schedule of colours and materials; and

d) deletion of the Boston Ivy and a revised treatment of the western wall.

These amended plans must be to the satisfaction of the Responsible Authority and when approved shall be the endorsed plans of this permit.

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

3. No street tree adjacent to the site may be removed, lopped, pruned or root-pruned without the prior written consent of Council’s Manager Parks and Recreation. Prior to construction the applicant is to gain written consent from Council’s Manager (Parks and Recreation) agreeing to measures to ensure the protection of the street trees during construction.

4. No projections beyond the property boundary are permitted.

5. Prior to the commencement of the use, street numbering of the units must be displayed on the units to the satisfaction of the Responsible Authority.

6. No more than one telecommunications receiver/television aerial is to be erected per building without the consent of the Responsible Authority.

7. All service pipes, apart from roof down pipes, must be concealed from the view of a person at ground level within common areas, public thoroughfares and adjoining properties.

8. No architectural features and building services other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

9. All walls on boundaries must be cleaned and finished to the satisfaction of the Responsible Authority.

10. The title boundaries for the property may not exactly agree with the road alignments of the abutting Council public lane(s). The approved works must not result in structures that encroach onto any Council lane.

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11. Prior to the commencement of the development, including demolition or bulk excavation, a detailed construction and demolition management plan must be submitted to and be approved by the Responsible Authority. This construction management plan is to be prepared in accordance with the City of Melbourne - Construction Management Plan Guidelines and is to consider the following:

a) public safety, amenity and site security; b) operating hours, noise and vibration controls; c) air and dust management; d) stormwater and sediment control; e) waste and materials reuse; and f) traffic management.

12. The owner of the subject land should construct a drainage system, incorporating water sensitive urban design, within the development and make provision to connect this system to Council’s stormwater drainage system in accordance with plans and specifications first approved by the Responsible Authority; Manager - Engineering Services.

13. All necessary approvals and permits are to be first obtained from Council and the works performed to the satisfaction of Manager - Engineering Services.

14. All pedestrian paths and access lanes shown on the endorsed plans must be constructed and maintained to the satisfaction of the Responsible Authority.

15. Prior to the commencement of the use/occupation of the development hereby permitted, all necessary vehicle crossings must be constructed and all unnecessary vehicle crossings must be demolished and the footpath, kerb and channel reconstructed, in accordance with plans and specifications first approved by the Responsible Authority – Council’s Group Manager Engineering Services.

16. All new or altered portions of road (including the provision of footpaths, public lighting, street trees, pavement marking and signage) in (specify street) must be constructed prior to the occupation of the development, in accordance with plans and specifications first approved by the Responsible Authority – Council’s Group Manager Engineering Services.

17. No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water’s drains or watercourses.

18. Finished floor levels must be a minimum of 300mm above the applicable flood level.

19. Any new garage must be constructed within finished floor or surface levels a minimum of 150mm above the applicable flood level.

20. A flow path should be provided through the site which must remain clear to ensure that overland flows are satisfactorily conveyed through the property.

21. Prior to the commencement of works separate application, direct to Melbourne Water, must be made for any new or modified storm water connection to Melbourne Water’s drains or watercourses. Prior to accepting an application, evidence must be provided demonstrating that Council considers that it is not feasible to connect to the local drainage system. Contact Asset Services on telephone 9235 1414 from Melbourne Water’s connection requirements, including payment of appropriate fees.

22. The layout of the site and size, design and location of buildings and works as shown on the submitted plans must not be altered without the prior written consent of Melbourne Water.

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23. This permit will expire if one of the following circumstances applies:

• the development is not started within two years of the date of this permit.

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

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards.

FOOTNOTES:

1. Requests for tree lopping should be referred to the City of Melbourne’s Senior Tree Planner (tel. 9658 8516)).

2. The applicant is notified that owners/occupiers of the dwellings will not be eligible for further resident priority parking permits.

3. The applicable flood level for the property is 12.7m to Australian Height Datum.

4. If further information is required in relation to Melbourne Water’s conditions shown above please contact Melbourne Water on telephone 9235 2517, quoting Melbourne Water’s reference 161911.

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ATTACHMENT 2 - Aerial Photo

Subject Site



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PROPOSED PLANS – EXISTING CONDITIONS/ DEMOLITION PLAN



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PROPOSED PLANS – FLOOR PLANS

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PROPOSED PLANS – EAST ELEVATION (EXISTING AND PROPOSED)

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PROPOSED PLANS – WEST ELEVATION (EXISTING AND PROPOSED)

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PROPOSED PLANS – NORTH ELEVATION – HAINES ST (EXISTING AND PROPOSED)

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PROPOSED PLANS – SOUTH ELEVATION- HARRIS ST (EXISTING AND PROPOSED)

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VIEW LINE DIAGRAM

NTS

Attachment 4Agenda Item 5.2

Future Melbourne Committee2 March 2010

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SHADOW DIAGRAMS – EXISTING AND PROPOSED



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Agenda Item 5.2 Future Melbourne Committee

2 March 2010

FINANCE ATTACHMENT

APPLICATION FOR PLANNING PERMIT: TP-2009-718, 7 HAINES STREET, NORTH MELBOURNE

There are no direct financial issues arising from the recommendation contained in this report

Phu Nguyen Acting Manager Financial Services

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Agenda Item 5.2 Future Melbourne Committee

2 March 2010

LEGAL ATTACHMENT

APPLICATION FOR PLANNING PERMIT: TP-2009-718, 7 HAINES STREET, NORTH MELBOURNE

Division 1 of Part 4 of the Planning and Environment Act 1987 (“the Act”) sets out the requirements in relation to applications for permits.

Section 61(1) of the Act provides that the Responsible Authority may decide:

“(a) to grant a permit;

(b) to grant a permit subject to conditions; or

(c) to refuse to grant a permit on any ground it thinks fit.”

In making its decision section 60(1)(c) of the Act requires the Responsible Authority to consider, amongst other things, all objections and other submissions which it has received.

Objections to this planning permit application have been received and section 64 of the Act sets out the procedure to be followed by the Responsible Authority. The Responsible Authority must give each objector a notice in the prescribed form of its decision to grant a permit. The Responsible Authority must not issue a permit until the end of the period in which an objector may apply to the Tribunal for a review of the decision or, if an application for review is made, until the application is determined by the Tribunal or withdrawn.

Section 79 of the Act provides that as the Responsible Authority has failed to grant a permit within the prescribed time the applicant may appeal to the Victorian Civil and Administrative Tribunal. If the applicant does so appeal, section 84 of the Act sets out that the Responsible Authority may decide the application at any time after an appeal has been lodged. However, the Responsible Authority must not issue or give a permit, a notice of decision or a notice of refusal after such appeal has been lodged.

Kim Wood Manager Legal Services

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2 march 2010 application for planning ... - city of melbourne · 1. to advise the future melbourne...

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