4.4 8 rugby road, hughesdale … a new double storey apartment building containing 11 dwellings...

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Council Meeting, 24 November 2014 Section 4.4 Page 36 8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings 4.4 8 RUGBY ROAD, HUGHESDALE CONSTRUCTION OF A DOUBLE STOREY BUILDING OVER A BASEMENT CAR PARK CONTAINING 11 DWELLINGS (TPA/43871) EXECUTIVE SUMMARY : This application proposes to demolish the existing dwelling on the land and construct a new double storey apartment building containing 11 dwellings above a basement car park. An appeal has been lodged with Victorian Civil and Administrative Tribunal (VCAT) against Council’s failure to determine the application within the prescribed time. Council is unable to determine the application but must form a position on the application. The application was subject to public notification. Five (5) objections to the proposal have been received. Key issues to be considered relate to the appropriateness of apartment style development at this location, traffic and car parking and neighbourhood character This report assesses the proposal against the provisions of the Monash Planning Scheme including the relevant state and local planning policy framework, Clause 55 and issues raised by objectors. The reason for presenting this report to Council is the proposed development cost of $2 Million. The proposed development is considered inconsistent with the relevant provisions of the Monash Planning Scheme and it is recommended that Council resolve to advise the applicant that the application would have been refused. RESPONSIBLE DIRECTOR: Peter Panagakos RESPONSIBLE MANAGER: Angela Hughes RESPONSIBLE PLANNER: Sue Monagle WARD: Oakleigh PROPERTY ADDRESS: 8 Rugby Road, Hughesdale PRE-APPLICATION MEETING: No NUMBER OF OBJECTIONS: Five (5)

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Council Meeting, 24 November 2014 Section 4.4 – Page 36

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

4.4 8 RUGBY ROAD, HUGHESDALE CONSTRUCTION OF A DOUBLE STOREY BUILDING OVER A BASEMENT CAR PARK CONTAINING 11 DWELLINGS

(TPA/43871)

EXECUTIVE SUMMARY:

This application proposes to demolish the existing dwelling on the land and construct a new double storey apartment building containing 11 dwellings above a basement car park.

An appeal has been lodged with Victorian Civil and Administrative Tribunal (VCAT) against Council’s failure to determine the application within the prescribed time. Council is unable to determine the application but must form a position on the application.

The application was subject to public notification. Five (5) objections to the proposal have been received.

Key issues to be considered relate to the appropriateness of apartment style development at this location, traffic and car parking and neighbourhood character

This report assesses the proposal against the provisions of the Monash Planning Scheme including the relevant state and local planning policy framework, Clause 55 and issues raised by objectors.

The reason for presenting this report to Council is the proposed development cost of $2 Million.

The proposed development is considered inconsistent with the relevant provisions of the Monash Planning Scheme and it is recommended that Council resolve to advise the applicant that the application would have been refused.

RESPONSIBLE DIRECTOR: Peter Panagakos

RESPONSIBLE MANAGER: Angela Hughes

RESPONSIBLE PLANNER: Sue Monagle

WARD: Oakleigh

PROPERTY ADDRESS: 8 Rugby Road, Hughesdale

PRE-APPLICATION MEETING: No

NUMBER OF OBJECTIONS: Five (5)

Council Meeting, 24 November 2014 Section 4.4 – Page 37

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

ZONING: General Residential Zone 2 (GRZ2)

EXISTING LAND USE: Single storey dwelling

OVERLAY: Nil

RELEVANT CLAUSES:

State Planning Policy Framework

Clause 11 (Settlement) Clause 11.02 (Urban Growth) Clause 11.04 (Metropolitan Melbourne) Clause 15 (Built Environment & Heritage) Clause 16 (Housing)

Clause 16.01-2 (Location of Residential Development)

Clause 16.01-4 (Housing Diversity)

Local Planning Policy Framework

Clause 21 (Municipal Strategic Statement) Clause 21.04 (Residential Development) Clause 22.01 (Residential Development and Character Policy) Clause 22.04 (Storm Water Management Policy) Clause 22.05 (Tree Conservation Policy)

Particular Provisions

Clause 52.06 (Car Parking) Clause 55 (Two or more dwellings on a lot and residential buildings)

General Provisions Clause 65 (Decision Guidelines)

STATUTORY PROCESSING DATE: 20 October 2015

DEVELOPMENT COST: $2 million

Council Meeting, 24 November 2014 Section 4.4 – Page 38

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

LOCALITY PLAN

NEIGHBOURHOOD PLAN

SUBJECT SITE

Council Meeting, 24 November 2014 Section 4.4 – Page 39

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

RECOMMENDATION:

That Council resolves that had an application for review not been lodged it would have determined to issue a Refusal to Grant a Planning Permit (TPA/43871) for the construction of a double storey building above a basement car park containing 11 dwellings at 8 Rugby Road, Hughesdale subject to the following conditions:

1. The proposal is not sympathetic to the character of the area in terms of its architectural theme, opportunity for meaningful landscaping, massing across its front facade, and proposed front fencing characteristics.

2. The proposal is not consistent with the objectives of Clause 52.06 (Car Parking) of the Monash Planning Scheme in relation to vehicle access, car parking space dimensions.

3. The proposal is inconsistent with Clause 22.01-3 (Residential Development

and Character Policy) of the Monash Planning Scheme in regard to front fencing, Built form and scale, walls on boundaries, private open space, car parking and landscaping.

4. The proposal is an overdevelopment of the site.

5. The proposal does not provide good internal amenity for dwellings 1 and 2. 6. The proposal fails to meet the objectives of Clause 55 of the Monash

Planning Scheme in relation to:

Standard B1 Neighbourhood Character

Standard B13 Landscaping

Standard B28 Private Open Space

Standard B31 Design Detail

BACKGROUND:

History No previous planning permits apply to the site. Following public notice of the application, the applicant made some minor changes to the layout of the development in response to concerns raised by the Council Officers and objectors. Amendments to the plan include reducing the basement ramp width, and reconfiguring the secluded open space for Residences 1 and 2. The amendments were relatively minor and did not require re-advertising.

Council Meeting, 24 November 2014 Section 4.4 – Page 40

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

Refer to Attachment 1 for a copy of both the amended plans for determination and the advertised set The Site and Surrounds The subject site is located on the south side of Rugby Road approximately 100 metres west of its exit to Warrigal Road. It is rectangular in nature with a frontage of 20.1 metres to Rugby Road, a depth of 45.72 metres and a total site area of 920 square metres. The land is relatively flat falling gently from its north east corner to the south west corner (front to rear) by approximately 500mm. No covenants are registered on title. Two single storey attached dwellings dating back to the interwar period currently occupy the site. Two vehicle crossovers located at each end of the site’s frontage provide separate vehicle access to each dwelling. Large garage structures are located in the backyards of each of the dwellings, however vehicle access is not available to the rear of the lot due to the inadequate side setbacks. Vehicles are required to park within the driveway area located in the front setback. The front garden is visible to the street and contains small, established trees and shrubs reflecting the general age of the neighbourhood. Low brick fencing extends across the front of the site. The backyard contains two established trees. Features of adjoining development is as follows: North: The northern side of Rugby Road comprises original housing stock

extending from Paddington Road in the west to opposite the subject site. All of these dwellings are single storey and of weatherboard construction. East of the site, the next two housing lots have been developed with double storey apartment buildings and an eclectic mix of old and new dwelling stock continues along the length of the street.

South: The backyard to number 57 Euston Road abuts the southern boundary

of the lot. A large garage and established tree located at the rear of the lot obscure views to the subject site. Euston Road forms part of Heritage Overlay 97 (HO97 – Euston Road Residential Area).

East: The adjoining lot to the east is developed with 4 single storey attached

dwellings under the same roof line. The driveway to the development extends along the common boundary of the subject site and provides a good buffer setback to the subject site.

West: The adjoining lot to the west is developed with 3 single storey dwellings

setback approximately 2.3 metres from the common boundary to the subject site. A double garage and covered verandah area is constructed midway along the site, extending for a length of 12 metres along the common boundary.

Council Meeting, 24 November 2014 Section 4.4 – Page 41

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

Rugby Road forms part of an established residential neighbourhood boarded by Princes Highway to the north, Warrigal Road to the east, Poath Road to west and the Pakenham railway line to the south. The character of the area is defined largely by the interwar architecture with Californian Bungalows and Spanish mission facades common throughout the broader neighbourhood. Rugby Road itself contains an eclectic mix of housing styles including Californian Bungalows, Edwardian villas, post war construction and older double storey walk up flats. New medium density housing developments also exist towards the eastern end of the street and a recently constructed, fairly large double storey apartment building is located opposite the subject site. The site is located within close walking distance to both Chadstone Shopping Centre (Principal Activity Centre), Oakleigh Shopping Centre (Major Activity Centre) and Hughesdale Neighbourhood Centre and with excellent access to nearby public transport and community recreational facilities.

PROPOSAL:

The proposal is to construct a double storey apartment building containing 11 x 2 bedroom dwellings above a basement car park. Features of the proposal are as follows:

Ground floor level contains 6 x 2 bedroom dwellings, with floor areas ranging between 65 square metres and 75 square metres with an average floor area of 71.5 square metres. Each apartment is provided with ground floor secluded open space ranging between 31 square metres and 69 square metres in area.

The main entry to the building is via a secured entry path extending along the western boundary which leads to the main entry foyer, elevator and stair access.

The first floor level comprises 5 x 2 bedroom dwellings ranging between 63 square metres and 77 square metres in floor area and each provided with an outdoor balcony area of between 10 square metres and 13 square metres. Access to the upper floor level is via the elevator or internal stairway located in the common area.

The proposed basement level will be accessed via a new single width crossover proposed at the north east corner of the lot. The existing crossovers will be removed and reinstated as kerb and channel. A total of 13 car spaces are proposed, with each dwelling allocated 1 space. Two visitor spaces and storage cages and waste storage is also provided at basement level.

The building will be setback from Rugby Road between 7.66 metres and 8.465 metres at ground floor level, and between 8.824 metres and 9.655 metres at first floor level. The building has a total height of 9.021 metres above natural ground level at its highest point (front section),

Council Meeting, 24 November 2014 Section 4.4 – Page 42

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

however the majority of the building is approximately 7 metres above ground level, tapering down to 6.5 metres and 3 metres across the rear.

A contemporary building facade is proposed, characterised by a strong reliance on colourbond cladding, timber cladding and matrix board. The front facade is dominated by framed balcony structures, which mimic the hipped roof shape of prevailing roof form in the neighbourhood.

Attachment 1 details plans forming part of the application.

PERMIT TRIGGERS:

Zoning The land is zoned General Residential 2 (GRZ2) under the provisions of the Monash Planning Scheme. Pursuant to section 32.08-1 of the planning scheme, a dwelling is a use that does not require a planning permit. However pursuant to the requirements of Clause 32.08-4 a permit is required to construct two or more dwellings on a lot and a development must meet the requirements of Clause 55 (Res code). Overlays No overlay controls apply to the site. Particular Provisions

Clause 52.06: Car Parking

Prior to a new building being occupied the car parking spaces required under Clause 52.06-5 must be provided on the land. On site car parking provision satisfies the requirements of the planning scheme. Attachment 3 details the zoning and overlays applicable to the subject site and surrounding land.

CONSULTATION:

Public Notice The application was advertised in accordance with section 52 of the Planning and Environment Act 1987 by way of 39 notices being sent to the surrounding property owners/occupiers, and a sign being displayed at the front of the site. Five (5) objections were received to the application. The grounds of objection are summarised below.

Increase in traffic and car parking in the street.

Increase in noise pollution and construction phase nuisance.

Loss of sunlight

Potential for overlooking and loss of privacy

The building is far too big in scale.

Council Meeting, 24 November 2014 Section 4.4 – Page 43

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

The proposal is not in keeping with the feel and style of dwellings towards the western end of the street.

Not consistent with the style of housing Council is seeking in this area under the proposed new residential zones.

A number of rubbish bins will be required to be placed on the street.

High site coverage, lack of landscape consideration, and architecture is not considered consistent with the neighbourhood character.

Building facade finishes do not fit well with surrounding architecture. Attachment 4 details the location of objector properties. Referrals

Internal Traffic Engineers The amended application was referred to Council’s Traffic Engineers who have advised that fairly significant changes are required to the layout of the basement car park to ensure vehicles parked in the parallel car spaces will be able to manoeuvre within the basement to allow forward exit. This is discussed in greater detail in the following assessment. Drainage Engineers The application was referred to Council’s Drainage Engineers who have no objection to the proposal providing conditions are placed on any permit issued. No external referral of the application is required.

DISCUSSION:

Consistency with State and Local Planning Policies

The raft of State Planning Policy relevant to the current proposal all promote the:

provision of a diversity of housing types that meets community needs (Clause 16.01-4);

encouragement of housing types at higher densities in and around activity centres (Clause 11.01-2);

location of new housing in or close to activity centres, employment corridors and areas that offer good access to services and transport (Clause 16.01-2 and clause 11.04-2);

provision of housing that recognises and protects neighbourhood character and achieves architectural and urban design outcomes that contribute positively to local urban character (Clause 15).

The Local Planning Policy Framework seeks to expand on these broader state objectives and in doing so, identifies the ‘Garden City Character’ as a core value held by the community and Council. Garden City Character policy objectives are

Council Meeting, 24 November 2014 Section 4.4 – Page 44

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

significant and important considerations in all land use and development decisions throughout the municipality. Clause 21.04 (Residential Development Policy) seeks to balance residential development within the city by providing a variety of housing styles whilst remaining sympathetic to existing neighbourhood character. Council’s Residential Development and Character Policy (Clause 22.01) aims to ensure that new development is successfully integrated into existing residential environments with minimal streetscape or amenity impact and to achieve outcomes that enhance the Garden City Character of the area. Council’s Tree Conservation Policy (Clause 22.05) also contains objectives designed to maintain, enhance and extend the Garden City Character throughout the municipality. From the broader strategic perspective, the concept of developing the site for some form of medium density housing is supported given its location within an established urban area close to good shopping and community facilities (i.e. Chadstone Shopping Centre, Oakleigh Shopping Centre and Hughesdale Neighbourhood Centre) and with access to good public transport options. However, the issue for consideration with this proposal centres around whether the proposed apartment style building and proposed architecture will integrate well with its neighbourhood context and adjoining residential neighbours. Monash Housing Strategy Under The Monash Housing Strategy 2014 (adopted by Council in October 2014), Rugby Road is located within an area identified as a ‘Garden City Suburb’ within an ‘Accessible Area’. It is located in a residential neighbourhood within close walking distance to Chadstone Shopping Centre (Principal Activity Centre), Hughesdale shopping strip and Oakleigh Activity Centre (Major Activity Centre). The Housing objective of the Accessible Areas is

‘Moderate housing change and diversification serving as a transition between commercial and residential areas.

Development will be respectful of neighbourhood character and amenity, with greater emphasis placed on these objectives in proportion to the distance from commercial zones and transport nodes.’

The Housing objective for the Garden City Suburbs is:

‘Provision of opportunities for modest housing growth and diversification with emphasis on preserving and enhancing Monash’s Garden City Character.’

The future character of the Accessible Areas is envisaged as;

‘The areas surrounding the centres will form a transition between the activity centres, which are intended to be areas of higher density

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8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

development (residential and commercial), and the garden City Suburbs (Category 7) which will continue to be occupied by more traditional forms of residential development.’

In terms of residential outcomes, it is envisaged that Accessible Areas will

transition in residential density from the interface with surrounding residential areas to the boundary of the Activity Centre.

Lower density unit and town house style developments, at the interface with the Activity Centre subject to careful design.

On larger sites, in suitable locations, increased density may be appropriate subject to careful design and the provision of appropriate landscaped setbacks.

Any proposed development in these areas will not be supported unless it is respectful of the neighbourhood character, site responsive, and respectful of the layout and amenity of adjoining residential uses. In future, design guidelines and the implementation of the new Residential Zones will support the implementation of the Housing Strategy.

In this instance, Rugby Road is clearly a residential street which has undergone, and continues to undergo a fair amount of transition in terms of its built form over time. Original period homes dating back to the Edwardian and interwar periods are scattered between existing walk up flat developments, medium density housing sites, and apartment style development. Adjoining sites at numbers 6, 10 and 12 Rugby Road are developed with older style, single storey townhouse developments containing 3 and 4 dwellings. Sites opposite at numbers 7 and 9 Rugby Road both contain larger scale apartment style developments, with number 7 being approved by the Victorian Civil and Administrative Tribunal (VCAT) in 2011. It is noted that a handful of properties at the western end of the street retain the original period homes.

Considering the existing characteristics of housing stock in Rugby Road coupled with the site’s close proximity to Chadstone Shopping Centre and Oakleigh Activity Centre, an apartment style development on this site may be acceptable providing it is sympathetic to its neighbourhood character and streetscape and provides good onsite amenity, whilst respecting the amenity of adjacent residential neighbours. In the existing context the proposed development does not achieve this. It presents as a large monolithic type building that does little to try and integrate into the neighbourhood.

The following discussion will now focus on the more detailed design aspects of the proposal, providing a detailed assessment of the proposal in terms of its scale, bulk, on site amenity and offsite impacts.

Council Meeting, 24 November 2014 Section 4.4 – Page 46

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

Neighbourhood Character

In accordance with Clause 22.01, the subject site is located within the Residential Character Type ‘A’ area under the Monash Urban Character Study. Elements that contribute to this character include;

“Flat topography

Grid subdivision pattern

Pre-second World War housed in comparatively high numbers.

Well planted front gardens.

Consistent building setback,

Street trees varied in species, quality and frequency.

Wide nature strips.

Low fences or walls.

6 metre street.

Overhead services.”

The relevant Desired Future Character Statement for the Character area ‘A’ aims for (summarised);

Consistency in building setback.

Protecting buildings and precincts of identified heritage significance along with associated streetscape elements.

New development that addresses the street and complements the scale and form of adjacent buildings. Development that is inappropriate and out of scale with adjoining dwellings will not be supported.

Sympathetically design architecture is encouraged in preference to imitations of historic styles.

Front fences will be low. This enables vegetation to be visible from the street, allows clear views of buildings and gives the street an open and transparent quality.

Existing and mature trees on the property will be retained and additional tree planting proposed.

One crossover per lot to protect soft quality of street. Assessment Neighbourhood Character and Built Form

Streetscape The proposed architectural theme across the front facade of the building is dominating will not sit comfortably with existing streetscape characteristics, which generally display a more ‘finer’ approach to architecture. The heavy framing of upper floor terraces and the heavy reliance on colourbond is considered out of character with the existing character of the neighbourhood.

Council Meeting, 24 November 2014 Section 4.4 – Page 47

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

The building is setback in line or behind the front facades of adjoining residential properties and centred on site. The secluded open space for residences 1 and 2 is located at the front of the site to take advantage of the northerly aspect, however this means that high fencing is required to privatise these areas, and the opportunity for a visible front garden setback is reduced. This aspect of the development is not supported. Through recent amendments to the plan, the basement entry ramp access way was also reduced from a double width driveway access to a single width access way, effectively reducing the amount of hard paving in the front setback. This does increase the opportunity for increased soft landscaping across the front of the site, however is negated by the high fencing proposed. It is also noted that the building facade does lack softening above the basement entry and, overall, there is a lack of articulation to the front facade of the building, noting that the recessing of the central section of the building is narrow and will do little to mitigate the dominating architecture across the front facade. Street Setback The building will be setback from Rugby Road between 7.66 metres and 8.46 metres at ground floor level, and between 8.82 metres and 9.65 metres at first floor level. Both the ground and first floor levels are setback behind the front facades of adjoining residential development to the east and west. The building is centred on the site. Boundary to boundary construction is avoided across the front of the site, respecting the general rhythm and spacing of the streetscape. Vehicle crossings and location of garaging. Basement car parking means that garaging and car parking areas do not dominate the street frontage. Vehicle access is limited to a single width crossover proposed at the north east corner of the lot. As part of the applicant’s response to concerns, the driveway access was reduced in width from 6.1 metres to 3.6 metres and the crossover reduced from 6 metres in width to 3.6 metres to align with the basement access way width. Built form and scale of development Clause 22.01-3 (Residential Development and Character Policy) sets broad policy statements regarding the scale, setbacks, articulation, facade detailing of future residential development. Whilst responding well to some of the design guidelines, the proposal does have some short comings as outlined below.

Double storey scale is generally acceptable in an established residential neighbourhood such as this.

The front facade of the building is set back from side boundaries and generally respects the general spacing and rhythm of existing built form character in the streetscape.

Council Meeting, 24 November 2014 Section 4.4 – Page 48

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

Although the majority of the building will be capped with a flat roof, the front facade includes a varied fascia design which provides a modern interpretation of the hipped roof form prevailing throughout the neighbourhood.

Proposed architecture, especially across the front of the site is dominating and will appear imposing given the finer architecture of existing dwellings adjacent to, and within close vicinity of the subject site. The fairly deep recessed setback proposed in the central section of the front facade is narrow and will not provide any meaningful articulation to the broader view of the development.

The extent of boundary wall construction proposed along side boundaries will limit the ability for meaningful perimeter planting to be accommodated around the site, something which is considered should be encourage for the scale of development proposed with this application.

Front Fencing Higher fencing is proposed to screen the secluded open space areas of residences 1 and 2 located in the front setback to the site. Fence will be setback 3 metres from the site frontage, however is not consistent with the general theme of front fencing throughout the neighbourhood. It is considered that low or no fencing which would allow for a visible front garden setback would be more in keeping with the character of Rugby Road. Car Parking, Traffic and Access The proposal provides for the requisite number of resident and visitor car parking spaces pursuant to Clause 52.06 as detailed in the following table:

No. of dwellings Clause 52.06

requirement Car spaces required

Car spaces provided

2 bedroom dwellings

11 1 spaces per dwelling 11 11

3 bedroom dwellings

Nil Nil Nil Nil

Visitor parking 2 1 space per 5 dwellings 2 2

Total required 13

Total provided 13

All resident car parking and visitor parking will be accommodated in the basement. The basement will be secured by a panel lift security door located at the base of the ramp. Council’s traffic engineers have assessed the proposed car parking and access arrangements and have provided the following advice (summarised).

The driveway gradient to be no steeper than 1 in 10 (10%) within 5 metres of the frontage.

Council Meeting, 24 November 2014 Section 4.4 – Page 49

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

Corner splays required.

Two on site visitor spaces are required to be clearly marked on the plans.

The redesign of the basement to delete the parallel spaces or alternatively convert space 10 into a turning area and shift parallel spaces north to provide a 2.6 metre area on the east side of the car park for reversing.

The amendments required to the basement car park layout to accommodate Council’s concerns, especially in relation to the parallel car parking access arrangements are considered significant. The Proposal fails to address the concerns of Council in relation to the basement layout and access to car parking.

Amenity of adjacent residential properties

Boundary wall construction Boundary wall construction is proposed along both side boundaries adjacent to residence 5 and 6 as well as towards the front on the site along the eastern (side) boundary of the building enclosing the basement exit stairs. Along the eastern boundary, walls will directly abut the driveway environs or the adjoining unit development at 10 Rugby Road. The proposed boundary wall of residence 6 (west boundary) measures 10.614 metres in length and will abut the secluded courtyard area of the adjoining dwelling to the west (2/6 Rugby Road), however it is noted that this wall is located in the same location as an existing garage which are built to the boundary at this location. Despite this, it is considered that a more responsive design would be to create a landscaped setback at this location which would allow screen planting to soften the impact of the proposed double storey scale of building which will extend along the length of the subject site adjacent to this dwelling. This aspect of the development is problematic. Overlooking Elevation plans show that the majority of upper floor windows and/or balconies facing side and rear boundaries will be screened to mitigate views across boundaries. Horizontal timber battens are proposed for screening, however, if a planning permit were to issue, a condition of approval should require that screening be varied and that an alternative material be used in most cases, as timber battens require a high level of maintenance. It is also noted that a high level of screening is proposed for upper floor windows which may impact on the level of on site amenity for future residents. Overshadowing The project architect has prepared the required shadow plans for 9 am, 12 midday and 3 pm. A small amount of additional shadow will be cast across a section of the secluded courtyards of unit 1 and 2 at 6 Rugby Road at 9.00 am,

Council Meeting, 24 November 2014 Section 4.4 – Page 50

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

however, it is noted that both of these areas are already in constant shadow due to existing canopy trees and the additional shadow is limited to the early morning hours only. On site amenity

Open Space All upper floor apartments will be provided with outdoor balcony areas directly adjacent to main living areas. Balcony areas are designed to comply with relevant rescode standards and objectives. Ground floor apartments will be provided with secluded courtyard areas of between 31.5 and 69 square metres. Although not technically meeting the open space requirements of the GRZ2 schedule variations, secluded outdoor spaces are generously dimensioned and provide good opportunity for greening throughout the site. One aspect of the open space provision which is not supported is the proposal to locate the secluded spaces for residence 1 and 2 within the front setback of the development, which in turn generates a requirement for high fencing across the front setback. This is something which is not supported by rescode and, in this instance is also not consistent with the general character of fencing styles along the length of the street. The need to locate the secluded open space in the front setback is considered a symptom of overdevelopment. Landscaping The development has been sympathetically designed to protect the health of existing trees on the site and adjoining lots. In particular, the rear section of the building is setback to ensure the health of the existing canopy tree located in the rear yard of Residence 6 is not impacted on by the development. Site Coverage and Permeability. The application proposes a site coverage of 524.5 square metres representing 57% of the site. Permeability of 31.5% is achieved. Compliance with Clause 55.03-3 (Site Coverage) and 55.03-4 (Permeability) is achieved. Internal Spaces Apartments are generally well set out, and reasonable in size (ranging between 63 and 77 square metres in floor area). All apartments contain 2 bedrooms all of which have direct sunlight access. No habitable rooms will rely on borrowed light.

Council Meeting, 24 November 2014 Section 4.4 – Page 51

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

At ground floor level, the main pedestrian entry to the building is located adjacent to the eastern boundary secured by a gated entrance at the front of the site. An elevator and internal stairwell provides access between all levels of the development. In the case of residence 1, it is considered poor design that the window to bedroom 1 and the ensuite window are located directly adjacent to the main foyer entry and redesign of this apartment is required to avoid this. It is also noted that the window to bedroom 2 of Residence 1 looks out into the secluded courtyard of residence 2 and this is considered inappropriate and is not supported. Overall, the internal amenity of residence 1 and 2 is considered compromised as a result of trying to fit too much into the development. Rescode /Schedule variations The proposal has been assessed against the relevant provisions of Clause 55 (Rescode) and shows general compliance with all objectives and a high degree of compliance with relevant standards.

CONCLUSION:

From a broader strategic perspective, the site’s location and the existing characteristics of Rugby Road render it a suitable candidate for some form of medium density housing. However the current proposal is considered an overdevelopment of the site, symptoms of which include locating secluded open space in the front setback, lack of opportunity for meaningful planting around the perimeter of the site and inconvenient car parking and access arrangements in the basement car park. In addition to these shortfalls in design, the proposed architectural theme is dominant and will appear fairly imposing within the Rugby Road streetscape setting. The application is not supported.

Council Meeting, 24 November 2014 Section 4.4 – Page 52

8 Rugby Road, Hughesdale - Construction Of A Double Storey Building Over A Basement Car Park Containing 11 Dwellings

LIST OF ATTACHMENTS: Attachment 1 – Proposed Development Plans. Attachment 2 – Aerial Photograph (October 2014). Attachment 3 – Zoning and Overlays Map. Attachment 4 – Objector Properties Location Map.