brimbank city council ordinary council meetingagenda ... · brimbank city council ordinary council...

Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 4

Report 10.2 - Planning Permit Application P273/2014 for the Development of the Land for Four (4) Dwellings (Three (3) Double Storey and One (1) Single Storey) at 13 Beaumont Court, Sydenham Directorate: City Development Director: Stuart Menzies Policy: Brimbank Planning Scheme, Planning and Environment Act 1987 Attachment(s): 1. Zoning Map 2. Aerial Photograph 3. Advertised Plans of Development 4. Concept Plans of Development 5. Detailed Assessment 6. Proposed Conditions Purpose To provide Council with an assessment of Planning Permit Application P273/2014 for the construction of four (4) dwellings (three (3) double storey and one (1) single storey) at 13 Beaumont Court, Sydenham, against the provisions of the Brimbank Planning Scheme (the Planning Scheme). Report 1. Background The subject site is located on the western side of Beaumont Court in Sydenham, north of the intersection with Erskine Way. The site is vacant with no vegetation present. An existing single crossover is located adjacent to the southern boundary. The site is zoned Neighbourhood Residential and is not subject to any overlay controls (refer to Attachments 1 and 2 to this report). The surrounding area generally consists of a mixture of single storey and double storey dwellings in the form of single dwellings on large allotments, or medium density developments with up to four (4) dwellings on a lot. The proposal involves the construction of four (4) dwellings. Units 1, 2 and 3 are proposed to be double storey and Unit 4 is proposed to be single storey. Units 1 and 2 are located in a side-by-side arrangement at the front of the site. Units 3 and 4 are positioned in a tandem arrangement down the length of the site, with the single storey dwelling located at the rear. Units 1, 2 and 3 all include three (3) or more bedrooms and provide two (2) car parking spaces each in the form of a single garage and a tandem car space. Unit 4 contains two (2) bedrooms and provides one (1) car parking space within a single garage. The dwellings are proposed to be constructed with ground level face brickwork, rendered first floor walls and pitched tiled roofing (refer to Attachment 3 to this report). Attachment 4 to this report includes proposed Concept Plans that primarily reduces the upper level of Unit 3. 2. Consultation The application was advertised in accordance with Section 52 of the Planning and Environment Act 1987 (the Act), by placing one (1) sign on the subject site and sending notices to adjoining and nearby property owners and occupiers.

Meeting No. 386 9 June 2015

Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 5 Report 10.2 – Planning Permit Application P273/2014 for the Development of the Land for Four (4) Dwellings (Three (3) Double Storey and One (1) Single Storey) at 13 Beaumont Court, Sydenham (continued) At the completion of the advertising period, fourteen (14) objections had been received. The main concerns raised by the objectors were in relation to neighbourhood character, visual bulk, inappropriate front setback, overshadowing of open space on adjoining properties, dominance of crossovers, overlooking issues, parking and traffic issues, over-development and the current zoning only allowing two (2) dwellings on the site. The concerns raised by the objectors are discussed in the Detailed Assessment at Attachment 5 to this report. 3. Analysis When considering the proposal in context of the neighbourhood character of the area, it is clear there are examples of double storey dwellings in the area, along with ample evidence of multi-dwelling developments. Therefore, it is considered the proposal would fit in with the existing character. However, issues that were identified with the development, based on the advertised plans, included that the cars associated with Units 3 and 4 could not exit the site in a forward direction, there would be substantial overshadowing of the private open space of the approved (but as yet unconstructed) Unit 4 located at 11 Beaumont Court, and the upper level of Unit 3 was very large and bulky and had the potential to create issues of visual bulk when viewed from the adjoining properties. These matters were discussed with the applicant, who provided Concept Plans on 14 March 2015 (refer Attachment 4 to this report). The Concept Plans included additional building materials to the first floor of all three (3) dwellings, and two (2) additional windows to Unit 1 and 2 facing Beaumont Court. The first floor of Unit 3 is also reduced by deleting one (1) bedroom. The above changes and the location of a single storey scale of the rear in the form of Unit 4, means there will be minimal impact on the secluded open space of the adjoining properties, subject to recommended conditions that require some additional changes to the plans. Based on the Concept Plans, the development achieves the objectives set out in the State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF). The proposed development also achieves a high level of compliance with the objectives and standards set out in ResCode (Clause 55 of the Planning Scheme), as seen in the attached detailed assessment shown at Attachment 5 to this report. It is recommended the proposal be approved, subject to conditions, and a Notice of Decision to Grant a Permit be issued. 4. Resource Implications There are no resource implications for Council. 5. Compliance Statement This report has been prepared in accordance with Part 4 of the Act.


Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 6 Report 10.2 – Planning Permit Application P273/2014 for the Development of the Land for Four (4) Dwellings (Three (3) Double Storey and One (1) Single Storey) at 13 Beaumont Court, Sydenham (continued) 6. Officer Recommendation That Council issues a Notice of Decision to Grant Planning Permit P273/2014 for the development of the land for four (4) dwellings (three (3) double storey and one (1) single storey) at 13 Beaumont Court, Sydenham, subject to the conditions contained at Attachment 6 to this report.


Map Scale: 1:1,000 km

P273/2014 - 13 Beaumont Crt, Sydenham Attachment 1

NRZ3

Map Scale: 1:1,000 km


- Aerial photo taken February 2015

NRZ3

P273/2014 - 13 Beaumont Crt, Sydenham Attachment 3 (cont.)

P273/2014 - 13 Beaumont Crt, Sydenham Attachment 4 (cont.)

P273/2014 – 13 Beaumont Crt, Sydenham Attachment 5 DETAILED ASSESSMENT:

Application Number:

P273/2014

Location:

13 Beaumont Ct Sydenham

Proposal:

Construction of four (4) dwellings (three double storey and one single storey)

Applicant:

Custovic Design

Zoning/Overlay:

Neighbourhood Residential Zone Schedule 3, No Overlays

Adjoining Zoning/Overlay:

All surrounding land is zoned Neighbourhood Residential and no overlays are applicable.

Environmental Audit:

Not required because the subject site is not affected by an Environmental Audit Overlay or has not been previously used for industry or a polluting use that Council is aware of.

Proximity to former Land Fill sites:

The site is located outside the recommended buffer distance from the nearest former landfill. Accordingly a landfill gas assessment of the land is not required.

Cultural Heritage Management Plan:

Not required as the site is not located within an area of Aboriginal or cultural sensitivity.

Restrictive Covenant:

No covenant is registered on the title.

Section 173 Agreement:

There is no Section 173 Agreement registered on the title.

Planning History:

There are no previous planning permits or refusals issued for this site

Considered Plans: Advertised plans: • Neighbourhood & Site Description Plan – Sheet No. 1 of 4,

received 30/04/2014 • Ground Floor Plan – Sheet No. 2 of 4, received 06/11/2014. • First Floor Plan & Shadow Diagrams – Sheet No. 3 of 4, received

06/11/2014 • Elevations Plan – Sheet No. 4 of 4, received 06/11/2014. Concept Plans: • Ground Floor Plan – Sheet No. 2 of 4, received 14/04/2015. • First Floor Plan & Shadow Diagrams – Sheet No. 3 of 4, received

14/04/2015. • Elevations Plan – Sheet No. 4 of 4, received 14/04/2015. Note – this report assesses the “Advertised Plans”, however makes recommendations for changes in line with the development shown on the “Concept Plans”. The major difference is that the Concept Plans reduce the size and bulk of the upper level of Dwelling 3 and reduces the garage wall of Dwelling 4 that is located on the southern boundary from a height of 3.2m to a height of between 2.2m and 2.4m.

Permit Required Pursuant to:

Definition of Use Pursuant to Clause 74 of the Brimbank Planning Scheme the proposed use is defined as a dwelling.

P273/2014 – 13 Beaumont Crt, Sydenham Attachment 5 (cont.)

2

Use Pursuant to the table at Clause 32.09-4 under the Neighbourhood Residential Zone a dwelling is a Section 1 Use and does not require a planning permit. Development A planning permit is required pursuant to Clause 32.09-5 under the Neighbourhood Residential Zoning provisions of the Brimbank Planning Scheme. It states the following: A permit is required to: • Construct two or more dwellings on a lot. The development must meet the requirements of Clause 55. Pursuant to Clause 32.09-3 under the Neighbourhood Residential Zoning provision, the number of dwellings on a lot must not exceed two. However, Clause 32.09-3 does not apply to an application to construct two or more dwellings on a lot made before the approval date of the planning scheme amendment that introduced this clause 32.09 into the planning scheme (which was 6 November 2014). As the subject application was made prior to that date (i.e. on 30 April 2014), the proposal for more than two dwellings on the site can be considered.

Proposal Details:

The proposal involves the construction of four dwellings. Units 1, 2 and 3 are proposed to be double storey and Unit 4 is proposed to be single storey. Details of the proposal are as follows: Unit 1 & 2: • The construction of two attached double storey dwellings facing

Beaumont Court. These dwellings are a mirror image of each other.

• The dwellings consists of open study, kitchen with meals area, living room, laundry and toilet on the ground floor, and master bedroom with attached ensuite and WIR and two bedrooms with a common bathroom and toilet on the upper floor.

• Front setback of 6m and zero side setback to the garage from the northern boundary and 4m from the southern boundary.

• A single garage is proposed for both dwellings with a tandem parking space to the front.

• Private open space area of 45.14sqm (Unit 1) and 47.83sqm (Unit 2) is located to the rear of each dwelling with direct access from the living area.

• The maximum height of the dwellings is 7.1m. • A proposed crossover and driveway from the eastern boundary

provides access to the garage and tandem car space for Unit 2 and the existing crossover is proposed to be widened to provide access to the garage and tandem space for Unit 1, as well as access to Units 3 and 4 which are at the rear of the site.

Unit 3: • The construction of a double storey dwelling to the rear of Units 1

& 2. • The dwelling consists of living room, kitchen with meals area,

bedroom 4, laundry & toilet on the ground floor and master bedroom with attached ensuite and built in robe and two bedrooms with a common bathroom and WC on the first floor.

• A single garage is proposed to the western side of the dwelling with a tandem car parking space infront.

• The private open space area of 49.78sqm is located to the eastern


3

side of the dwelling, adjacent to the private open space of Units 1 and 2, and has direct access from the meals area.

• The maximum height of the dwelling is 7.4m. • Access to the dwelling and garage is proposed along the shared

driveway that is to be located along the southern side of the site. • A side setback of 1m is proposed from the northern boundary

except where the garage wall, laundry wall is proposed to be built on the boundary.

Unit 4: • The construction of a single storey dwelling to the rear (west) of

Unit 3. • The dwelling consists of living room, kitchen with meals area, two

bedrooms with attached WIRs, laundry, common bathroom and toilet.

• A single garage is proposed to the southern side of the dwelling. • A private open space area of 64.82sqm is located to the rear of

the dwelling, with direct access from the meals area. • The maximum height of the dwelling is 4.6m. • Access to the dwelling and garage is proposed along the shared

driveway that is to be located along the southern side of the site. • A rear setback of 2m is proposed from the western boundary, with

the dwelling proposed to be built partially along the northern and southern boundaries.

The dwellings are proposed to be constructed with brick to the ground levels, rendered porches, light weight cladding to the first floors, colourbond garage doors and hipped tiled roofs.

Site & Surrounds:

Subject Site The subject site is located on the western side of Beaumont Court in Sydenham, north of the intersection with Erskine Way. The subject site is regular in shape, generally flat and has a frontage of 20.12m, a depth of 50.29m and a total site area of 1011.83sqm. The site is vacant with no vegetation present. An existing single crossover is located adjacent to the southern boundary. This crossover adjoins the crossover to the site at No. 11 Beaumont Crt. One medium sized street tree is located centrally within the naturestrip at the front of the site and a small street tree is located not far from the existing crossover. Surrounding Area The surrounding area generally consists of a mixture of single storey and double storey dwellings in the form of single dwellings on large allotments or medium density developments with up to four dwellings on a lot. Examples of lots developed for medium density residential development include 15 Beaumont Court (4 single storey dwellings), 12 Beaumont Court (1 double storey and 3 single storey dwellings), 16 Beaumont Court (3 single storey dwellings) and 20 Beaumont Court (3 single storey dwellings). Additionally, 11 Beaumont Court (which is immediately south of the subject site) was approved for 4 dwellings (3 double storey and 1 single storey) by Council in July 2014 however construction has not commenced for this development as yet. The front setbacks in the area generally range between 3.6m and 11.2m. Landscaping is minimal on many sites, but there are examples of sites that are nicely landscaped and maintained.


4

Notification:

As it was considered that the proposal may cause material detriment, the application was advertised to owners and occupiers of adjoining properties in accordance with Section 52 of the Planning and Environment Act 1987. Advertising was undertaken by the following means: On Site Notice Yes Mail Yes Newspaper No Objections: Yes No. 14 The objections are summarised as follows: • Side by side dwellings (Units 1 & 2) are out of character; • Excessive visual bulk; • Front setback inappropriate; • The approved private open space of Unit 4 (11 Beaumont) will be

permanently shadowed with the garage wall of Unit 4 on the subject site;

• Both crossovers will dominate court frontage and double driveway to south side has an excessive hard area;

• Overlooking issues; • Dwelling 3 & 4 cars cannot exit in a forward direction; • Potential car parking issues in the Court; • Excessive noise from vehicles entering/exiting from 4 dwellings; • Two dwellings in accordance with current rules and regulations

should be supported; • Privacy; • Extra traffic will be generated with the proposed development; • The design of the development does not respect the existing

character; • Limited on-street parking; • Overdevelopment; • The proposed development for 13 Beaumont Court should be re-

applied for 2 single storey dwellings; • No consideration has been made for visitors and family extra cars. An assessment against the grounds of objection is provided under the “Officers Comments” section later in the report.

Referrals: The application was referred to the following departments. Internal: Traffic: Based on the Advertised Plans (received on 6/11/2014) Council’s Traffic Engineering Unit required the following changes to the plans: 1. Garage 4 to be setback 1m and roller door to be 3.2m wide or

Garage 4 to be widened to 4m with 3.6m wide opening. 2. Provide greater radius on Unit 4 landscape outside living area. 3. Remove landscaping along southern boundary opposite Unit 3 to

allow turning swept path for garage 4 vehicles. 4. Southern crossover to be widened and joined to neighbouring

property.

The Concept Plan provided on 14/04/2015 was referred to Council’s Traffic Engineer who asked for the following conditions to be placed on any permit that was issued: • Car space No. 3 being widened to 4m (500mm buffers each side

and 3m wide car space). • Realign southern driveway and crossover as shown on plan.


5

Crossover to be maximum 5.5m wide. • Crossovers to be constructed to current Council standards. • Approval required from Parks to remove existing street tree. • For any service authority assets that need to be relocated,

approval must be sought directly from the authority and the cost of relocation is the owner’s responsibility.

• Shift garage No. 1 further west to allow a tandem space that doesn’t overhang the driveway.

1. CC01B: Car Park Construction – Residential 2. CC03: Vehicular Crossings 3. CC04: Vehicle Crossing Naturestrip and Footpath Reinstatement 4. CC07: Determining Road Infrastructure Drainage: Council’s Drainage Engineering Unit supports the application subject to the following conditions: 1. EC01: Access to Site 2. EC02: Stormwater Retention 3. EC03: Drainage and Sewerage Connection 4. Protective kerbs (of a minimum height of 150mm) must be

provided to the satisfaction of the responsible Authority to prevent damage to fences or landscaped areas and to control drainage flows.

5. The Vehicle crossings are to be constructed to Council’s Residential Standard.

Street Tree Coordinator: The application was referred to Council’s Street Tree Officer who provided following comments: 1. Permission is granted to remove one (1) Olive tree located on the

naturestrip, as indicated on the plan, because it will be within the structural root zone of this tree.

2. A Council approved contractor must be used. 3. Please ensure that the developer is invoiced for $470-00 inc GST

for tree to cover a future tree replacement within Brimbank City Council.

4. Permission for the installation of the proposed crossover should not be granted until the above payment is received.

5. All care to be given by the developers to ensure that other trees on nature strip are NOT damaged in any way or the cost of replacement will be sort by council.

6. Naturestrip is not to be used for the storage or delivery of ANY building materials

Discussion on Referral Advice The above changes can be requested as a condition on any permit that is issued for the development, however it is not considered necessary for the tandem parking space for Unit 3 to be 4m wide. Under Clause 52.06, a parking space that is constrained by walls must be a minimum of 3.5m wide. The current space is approximately 3.4m wide and therefore needs to be increased in width by 100mm. Whilst it would be nice to have landscaping on both sides of the parking space, it is unlikely that any substantial vegetation would be planted in these narrow garden beds but instead people would walk over them when entering or exiting the car. The above mentioned conditions should be included on any permit issued.


6

Planning Scheme Requirements:

State Planning Policy Framework Clause 11 – Settlement Clause 11.04 – Metropolitan Melbourne Clause 13 – Environmental risks Clause 14 – Natural Resource Management Clause 15 – Built Environment and Heritage Clause 16 – Housing Clause 18 - Transport Local Planning Policy Framework Clause 21 – Municipal Strategic Statement Clause 21.06 – Built Environment Clause 21.07 – Housing Clause 21.07-2 – Housing Diversity Clause 21.07-3 – Residential Design Clause 21.10 – Transport and Infrastructure Zoning Provisions Clause 32.09 – Neighbourhood Residential Zone 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

Comparison against Planning Controls:

State Planning Policy Framework Clause 11.04 - Metropolitan Melbourne Relevant to the proposal are specific directions in Clauses 11.04-2 Housing Choice and affordability; 11.04-4 Liveable Communities; and 11.04-6 State of Cities. The State Government released Plan Melbourne and implemented it through Amendment VC106 into all Victorian Planning Scheme in May 2014. The strategies of Plan Melbourne for settlement aims at providing housing choice and affordability through inter alia providing a diversity of housing choices in defined locations that cater for different households and are close to jobs and services; as well as Liveable communities and neighbourhoods through inter alia protecting Melbourne and its suburbs from inappropriate development as well as creating neighbourhoods that support healthy lifestyles. To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. 15.01-2 Urban design principles To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. 15.01-4 Design for safety To improve community safety and encourage neighbourhood design that makes people feel safe. 15.01-5 Cultural identity and neighbourhood character To recognise and protect cultural identity, neighbourhood character and sense of place.


7

15.03-2 Aboriginal Cultural Heritage To ensure the protection and conservation of places of Aboriginal cultural heritage significance. Clause 16.01-1 Integrated housing To promote a housing market that meets community needs. Clause 16.01-2 Location of Residential Development To locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport. Clause 16.01-4 Housing diversity To provide for a range of housing types to meet increasingly diverse needs. Clause 16.01-5 Housing affordability To deliver more affordable housing closer to jobs, transport and services. Assessment The application has been assessed against the State Planning Policy Framework and it is considered that the proposed development is consistent with relevant policies contained within this section of the Brimbank Planning Scheme. Local Planning Policy Framework Clause 21.07-3 – Residential Design It is policy that, as appropriate: • New development should sit harmoniously within the streetscape

in terms of scale, proportion and design. • Residential development in or close to activity centres should

include appropriate noise attenuation to protect the amenity of residents.

• Private open space should not be located within the frontage of new developments.

• New development should use high quality robust building materials.

• Covered car parking spaces should not be located between the street frontage and the dwelling.

• New development should provide active street frontages and avoid blank walls facing streets.

The proposal utilises high quality materials and ensures the development is orientated toward the street. Council Officers had concerns in relation to the design and scale of the proposed development based on the Advertised Plans. This matter was discussed with the applicant who provided a Concept Plan on 14 April 2015. The Concept Plan provided some visual interest in the form of two additional windows to the eastern side facing Beaumont Court and the use of ‘James Hardie Matrix Cladding’. These changes were considered to have improved the proposal and as a result the elevations plans should be amended in accordance with the Concept Plan provided on 14/04/2015. This can be requested as a condition on any permit, if issued. The application has been assessed against the Local Planning Policy Framework and it is considered that the proposed development is consistent with relevant policies contained within this section of the Brimbank Planning Scheme.


8

Zoning Provisions Clause 32.09 Neighbourhood Residential Zone:

Purpose

• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

• To recognise areas of predominantly single and double storey residential development.

• To limit opportunities for increased residential development. • To manage and ensure that development respects the identified

neighbourhood character, heritage, environmental or landscape characteristics.

• To implement neighbourhood character policy and adopted neighbourhood character guidelines.

• To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

Clause 32.09 - Decision Guidelines The only relevant decision guidelines within the zone (at Clause 32.09-11) refer to the objectives, standards and decision guidelines of Clause 55 (which is ResCode). An assessment of these has been undertaken below. Clause 32.09-3 – Number of dwellings on a lot and transitional provisions Clause 32.09-3 specifies that the number of dwellings on a lot must not exceed two dwellings, however this provision does not apply to an application to construct two or more dwellings on a lot made before the approval date of the planning scheme amendment that introduced Clause 32.09 into the planning scheme. The approval date was 6 November 2014. The application was received by Council on 30 April 2014 and therefore benefits from these transitional provisions. Clause 32.09 - Decision Guidelines The only relevant decision guidelines within the zone refer to the objectives, standards and decision guidelines of Clause 55 (which is ResCode). An assessment of these has been undertaken below. The application has been assessed against the relevant zoning provisions and it is considered that the proposed development is consistent with the purpose of the zoning controls contained within the Brimbank Planning Scheme. General Provisions Clause 65.01 requires that before deciding on an application or approval of a plan, the Responsible Authority must consider, as appropriate: • The matters set out in Section 60 of the Act. • The State Planning Policy Framework and the Local Planning

Policy Framework, including the Municipal Strategic Statement and local planning policies.

• The purpose of the zone, overlay or other provision. • Any matter required to be considered in the zone, overlay or other

provision. • The orderly planning of the area. • The effect on the amenity of the area.


9

• The proximity of the land to any public land. • Factors likely to cause or contribute to land degradation, salinity

or reduce water quality. • Whether the proposed development is designed to maintain or

improve the quality of stormwater within and exiting the site. • The extent and character of native vegetation and the likelihood

of its destruction. • Whether native vegetation is to be or can be protected, planted or

allowed to regenerate. • The degree of flood, erosion or fire hazard associated with the

location of the land and the use, development or management of the land so as to minimise any such hazard.

The relevant matters set out in s60 of the Act are: (1) Before deciding on an application, the responsible authority must

consider— (a) the relevant planning scheme; and (b) the objectives of planning in Victoria; and (c) all objections and other submissions which it has received and

which have not been withdrawn; and (d) any decision and comments of a referral authority which it

has received; and (e) any significant effects which the responsible authority

considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development; and

(f) any significant social effects and economic effects which the responsible authority considers the use or development may have.

The application has been assessed against the General Provisions as well as the relevant matters set out in s60 of the Act and it is considered that the proposed development (based on the changes shown on the Concept Plans as well as some additional conditions) meets the relevant considerations. Particular Provisions Clause 52.06 – Car Parking Clause 52.06-5 sets out the following requirements for car parking on site: • 1 car space to each 1 or 2 bedroom dwelling; • 2 spaces to each 3 or more bedroom dwelling. And • 1 visitor’s space to each 5 dwellings. The proposal includes the following car parking spaces in accordance with the standard requirement: • Dwelling 1 includes 3 bedrooms and is provided with 2 car spaces. • Dwelling 2 includes 3 bedrooms and is provided with 2 car spaces. • Dwelling 3 includes 4 bedrooms and is provided with 2 car spaces. • Dwelling 4 includes 2 bedrooms and is provided with 1 car space. The car parking provision also includes design standards that car parking spaces and accessways must meet. These standards are outlined under Clause 52.06-8. As discussed in the referral comments, the plans are to be amended to meet some of these standards (and to address the concerns of the Traffic Engineers) and this can be requested as a condition on any


10

permit issued. Other design standards for car parking are carried out as part of the assessment against Clause 55 (see assessment below). Clause 55 – Two or more dwellings on a Lot and Residential Buildings Clause 55 sets out “objectives” for a number of design components. All “objectives” must be met. “Standards” are also included and these should be met unless it is demonstrated that compliance with the objectives has been achieved. Below is an assessment against the standards of Clause 55.

Clause 55: Two or More Dwellings on a Lot and Residential Buildings

B1 Neighbourhood Character

Objective • To ensure that the design respects the existing neighbourhood

character or contributes to a preferred neighbourhood character. • To ensure that development responds to the features of the site

and the surrounding area. Assessment The site is located within an established residential area and medium density development is evident in the immediate area. The proposal includes two attached double storey dwellings to the front and one double and one single storey dwelling to the rear in a tandem arrangement. The upper levels of the two double storey dwellings fronting Beaumont Court are provided with sufficient front, side and rear setbacks to ensure that the size of the upper level is smaller than the ground floor footprint. Despite this, based on the Advertised Plans the dwellings seem to be bulky and lack articulation due to the use of one material (i.e. light weight cladding finished in render) along the north and south elevation of the upper level. This matter was discussed with the applicant who provided a Concept Plan on 14 April 2015 which provides for additional articulation in the form of matrix cladding to the side and front of all double storey dwellings. The change of material provides some visual interest when viewed from the street and adjoining properties. Therefore plans should be amended in accordance with the Concept Plan provided on 14 April 2015 so that the design response mitigates the bulk of the upper level and the dwellings do not appear as “top heavy” and blend in with the single and double storey dwellings contained on immediate adjoining allotments. The first floor bulk of Unit 3 can be reduced by deleting one bedroom of Unit, 3 similar to the approved development on the southern side. (Note: Planning Permit P576/2013 was issued for the adjoining lot located to the southern side of the subject site which allowed 3 double storey dwellings and 1 single storey dwelling in a tandem arrangement). It is therefore considered that the recessed upper levels will ensure that the double storey form and single storey dwelling presents minimal bulk to the streetscape and the adjoining properties. Therefore plans should be required to be revised in accordance with the Concept Plan provided on 14/04/2015 and this can be requested as a condition on any permit, if issued. Complies subject to conditions

B2 Residential Policy

Objective • To ensure that residential development is provided in accordance


11

with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

• To support medium densities in areas where development can take advantage of public transport and community infrastructure and services.

Assessment The application was accompanied by a written statement which addresses all the requirements contained within the Brimbank Planning Scheme, in particular the provisions of Clause 55. Complies

B3 Dwelling Diversity

Objective • To encourage a range of dwelling sizes and types in

developments of ten or more dwellings. Assessment This standard only relates to 10 or more dwellings. N/A

B4 Infrastructure Objective • To ensure development is provided with appropriate utility

services and infrastructure. • To ensure development does not unreasonably overload the

capacity of utility services and infrastructure. Assessment The subject site is located within an existing residential area and will be able to connect to reticulated services, including sewerage, drainage, electricity and gas. Complies

B5 Integration with the Street

Objective • To integrate the layout of development with the street. Assessment The dwellings have been sited to ensure they face the respective street and internal accessway, have unobscured entries and good vehicle and pedestrian links. Complies

B6 Street Setback Objective • To ensure that the setbacks of buildings from a street respect the

existing or preferred neighbourhood character and make efficient use of the site.

Numerical requirements Walls should be setback from the front street where: • There is an existing building on both the abutting allotments facing

the same street, and the site is not on a corner: The average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 9 metres, whichever is the lesser.

Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than 2.5 metres into the setbacks of this standard.


12

Assessment The required setback to Beaumont Court is 7.4m based on the setbacks of the adjoining properties being 3.6m and 11.2m. The proposal contains a front setback of 6m to Beaumont Court which is not in accordance with the standard. The permit for the development on the adjoining lot at 11 Beaumont Court was approved with a front setback of 6.1m because that is the setback of the existing dwelling on the site at No. 9 Beaumont Court and it complied with the standard. If the dwellings approved under Planning Permit P576/2013 on the adjoining property to the south were constructed then the proposed development would only require a front setback of 4.85m. It is the large setback of the existing dwelling on this site that increases the required setback of the development, and it is likely that the dwelling at No. 11 will be demolished at some stage to make way for the approved development. Therefore it is considered that the variation to the standard should be supported. The front porches are 3.4m in height and encroach 1.5m into the setback in accordance with the standard. It is considered that the setbacks of the buildings from a street respect the neighbourhood character and make efficient use of the site. Variation Sought and Supported

B7 Building Height Objective • To ensure that the height of buildings respects the existing or

preferred neighbourhood character. Numerical Requirements • The maximum building height should not exceed 9 metres, unless

the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres.

Assessment The proposal consists of a maximum height of 7.4m in accordance with the standard. The height of the buildings are considered to respect the neighbourhood character. Complies

B8 Site Coverage Objective • To ensure that the site coverage respects the existing or

preferred neighbourhood character and responds to the features of the site.

Numerical requirements The site coverage should not exceed 60% Assessment The proposal incorporates site coverage of 48%, well below the maximum allowed. The site coverage respects the neighbourhood character. Complies

B9 Permeability Objective


13

• To reduce the impact of increased stormwater run-off on the drainage system.

• To facilitate on-site stormwater infiltration. Numerical requirements The site area covered by the pervious surfaces should be at least 20%. Assessment The proposed development results in 34% of the site area being covered by impervious surfaces which complies with the standard. This is considered sufficient to reduce the impact of increased stormwater run-off on the drainage system and to facilitate on-site stormwater infiltration. Complies

B10 Energy Efficiency

Objective • To achieve and protect energy efficient dwellings and residential

buildings. • To ensure the orientation and layout of development reduce fossil

fuel energy use and make appropriate use of daylight and solar energy.

Assessment The proposal has given due consideration to the orientation of the lot and provides an appropriate layout to make good use of solar energy where possible. Complies

B11 Open Space Objective • To integrate the layout of development with any public and

communal open space provided in or adjacent to the development.

Assessment There is no communal private open space provided in or adjacent to the development. N/A

B12 Safety Objective • To ensure the layout of development provides for the safety and

security of residents and property. Assessment The development has been designed to take into account safety and security with the entries to each dwelling being clearly visible and providing shelter for the future residents. Complies

B13 Landscaping Objective • To encourage development that respects the landscape character

of the neighbourhood. • To encourage development that maintains and enhances habitat

for plants and animals in locations of habitat importance. • To provide appropriate landscaping. • To encourage the retention of mature vegetation on the site. Assessment The proposed development will allow for appropriate landscaping to enhance the neighbourhood character and amenity of adjoining and


14

future residents. A detailed landscape plan should be required as a condition of any permit issued. Complies subject to conditions

B14 Access Objective • To ensure the number and design of vehicle crossovers respects

the neighbourhood character. Numerical requirements The width of accessways or car spaces should not exceed: • 33 per cent of the street frontage No more than one single-width crossover should be provided for each dwelling fronting a street. Assessment The car parking facilities are proposed to be accessed via the existing crossover which is proposed to be widened from 3.7m to 6.7m (the dimension on the plan is not correctly notated but measured as per the scale) for Units 1, 3 and 4. The proposed 3m wide crossover on the northern side of the frontage provides access to Unit 2 garage. Although no more than one single width crossover is provided for each dwelling, the crossovers occupy 48.2% of the frontage of the site and are not supported in the current form. This matter was discussed with Council’s Traffic Engineer who required the garage of Unit 1 to be shifted 1m west so that the width of the crossover can be reduced from 6.7m to 5.5m (as marked up by the Traffic Engineer on the Concept Plan). This can be achieved by:

• Reducing the meals area from 4.3m x 4.1m to 3.3m x 4.1m. • The length of landscape buffer dividing the driveway of Unit 2

and Unit’s 3 & 4 to be reduced by 1.1m. • The landscape buffer adjacent to the southern boundary to be

tapered and increased to 800mm wide near the front boundary.

The above measures are required so that the width of crossovers is reduced from 48.2% to 42.2% and a small break in the form of small landscaped area between the existing double crossover (5.5m wide) of 11 Beaumont and proposed double crossover (6.7m wide) of 13 Beaumont will be provided. Note: Planning Permit P576/2013 for 11 Beaumont was approved with a condition to reduce the width of two double crossovers located along the northern and southern sides of the frontage to 3.5m wide each. However the design of No. 11 is such that neither of the proposed crossovers service a shared driveway with a single garage adjacent to it so a double crossovers was not required. Variation Sought and Supported

B15 Parking Location Objective • To provide convenient parking for resident and visitor vehicles. • To protect residents from vehicular noise within developments. Numerical requirements Shared accessways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at


15

least 1.4 metres above the accessway. Assessment The shared accessway is located at least 1.5m from the windows of habitable rooms in accordance with the standard. The car parking is considered convenient for both resident and visitor vehicles and will avoid parking and traffic difficulties (subject to some changes that have previously been mentioned). Complies

B17 Side and Rear Setbacks

Objective • To ensure that the height and setback of a building from a

boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Numerical Requirements A new building not on or within 200mm of a boundary should be set back from side or rear boundaries: • At least the distance specified in a schedule to the zone, or • If no distance is specified in a schedule to the zone, 1 metre, plus

0.3 metres 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.

Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard. Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard. Assessment The required setbacks in this instance are 1m at ground floor and 1.69m at upper level based on the wall heights of 3.2m and 5.9m respectively. The dwellings are setback a minimum of 1m at the ground floor level and 1.6m at the first floor level from the side and rear boundaries. The only area of non-compliance is the proposed setback of Bedroom 2 of Unit 2 from the northern boundary because it is 90mm too close to the boundary (the setback is 1.6m but it should be 1.69m). This setback should be increased to 1.69m and this can be requested as a condition on any permit, if issued. It is considered that the height and setback of the proposed buildings respect the neighbourhood character and limits the impact on the amenity of the dwellings. Complies subject to conditions

B18 Walls on Boundary

Objective • To ensure that the location, length and height of a wall on a

boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Numerical Requirements A new wall constructed on or within 200mm of a side or rear boundary


16

of a lot or a carport constructed on or within 1 metre of a side or rear boundary of a lot should not abut the boundary more than: • 10 metres plus 25 per cent of the remaining length of the

boundary of an adjoining lot, or; • Where there are existing or simultaneously constructed walls or

carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater.

A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary. A building on a boundary includes a building set back up to 200mm from a boundary. The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall. Assessment In this instance the length of wall permitted on the northern and southern boundary is 20m. The proposed walls on the northern and southern boundaries are 10m and 6.3m in length and are a maximum height of 3.2m in accordance with the standard. It is considered that the location, length and height of a wall along the boundaries respect the neighbourhood character and limits the impact on the amenity of existing dwellings. Complies

B19 Daylight to Existing Windows

Objective • To allow adequate daylight into existing habitable room windows. Numerical requirements Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. Assessment All existing windows will maintain a minimum 3m2 light court in accordance with the standard. The plans of the approved development at No. 11 Beaumont Court have also been considered and if constructed, a minimum 3m2 light court will still be provided to the windows in this development. It is considered that adequate daylight is provided into existing (and proposed) habitable windows. Complies

B20 North Facing Windows

Objective • To allow adequate solar access to existing north-facing habitable

room windows. Numerical requirements If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for


17

every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window. Assessment There are no existing north-facing windows located within 3m of the property boundary, however the Unit 3 living area window on the approved plans for the development at No. 11 is only setback 2.1m from the northern boundary. Despite this, there are no proposed structures to the north of this window that are within the relevant distances from the boundary (as noted above). It is considered that the proposal has been designed to allow adequate solar access to existing (and approved) north-facing habitable room windows Complies

B21 Overshadowing Open Space

Objective • To ensure buildings do not significantly overshadow existing

secluded private open space. Numerical requirements 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 private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced. Assessment The development that was approved on the adjoining lot (11 Beaumont Court) is located to the southern side. The width of secluded private open space of Unit 4 of this development is 3.9m adjacent to the northern boundary fence. The garage of Unit 4 of the current development is proposed to be located on the common boundary with 11 Beaumont Court which will significantly overshadow the approved secluded private open space once the development is constructed (refer shadow diagrams). Therefore it is considered that the garage of Unit 4 is required to be removed and replaced with an uncovered car space to ensure that there is no overshadowing caused, and this can be requested as a condition on any permit issued. Complies subject to conditions

B22 Overlooking Objective • To limit views into existing secluded private open space and

habitable room windows. Numerical Standards A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level. A habitable room window, balcony, terrace, deck or patio with a


18

direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either: • Offset a minimum of 1.5 metres from the edge of one window to

the edge of the other. • Have sill heights of at least 1.7 metres above floor level. • Have fixed, obscure glazing in any part of the window below 1.7

metre above floor level. • Have permanently fixed external screens to at least 1.7 metres

above floor level and be no more than 25 per cent transparent. Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard. Screens used to obscure a view should be: • Perforated panels or trellis with a maximum of 25 per cent

openings or solid translucent panels. • Permanent, fixed and durable. • Designed and coloured to blend in with the development. This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary. Assessment The proposal has incorporated the following mitigation measures in accordance with the standard: Ground Floor The existing northern perimeter fence is not in a good condition and is required to be replaced with a new fence. The provision of a new fence to replace the old fence can be requested as a condition on any permit that is issued and all costs should be borne by the developer/owner. Upper Floor All upper floor habitable room windows facing the adjoining sites are fixed and obscured to above 1.7m above the floor level. It is considered that the measures in place protect the privacy of existing secluded private open space and habitable room windows Complies subject to conditions

B23 Internal Views Objective • To limit views into the secluded private open space and habitable

room windows of dwellings and residential buildings within a development.

Assessment The proposal has incorporated the following in accordance with the standard (see numerical requirements of Standard B22 above). Ground Floor Internal fence height is not indicated on the plan and can be requested as a condition on any permit issued. Upper Floor


19

All upper floor habitable windows are fixed and obscured to 1.7m above the floor level. It is considered that the measures in place limit views into the secluded private open space and habitable room windows of dwellings and residential buildings within a development. Complies subject to conditions

B24 Noise Impacts Objective • To contain noise sources in developments that may affect existing

dwellings. • To protect residents from external noise. Assessment The noise generated from the development will be similar to what can reasonably be expected within a residential area. Complies

B25 Accessibility Objective • To encourage the consideration of the needs of people with

limited mobility in the design of developments. Assessment The standard relates to dwelling entries of the ground floor of dwellings to be accessible or able to be easily made accessible to people with limited mobility. The dwelling entries are designed to cater for people with limited mobility. Complies

B26 Dwelling Entry Objective • To provide each dwelling or residential building with its own sense

of identity. Assessment The dwelling entries are easily identifiable from the street and / or accessway and provide a good sense of individual address to the dwellings. Complies

B27 Daylight to New Windows

Objective • To allow adequate daylight into new habitable room windows. Numerical Requirements A window in a habitable room should be located to face: • An outdoor space clear to the sky or a light court with a

minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or

• A 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.

Assessment All new habitable room windows have been provided with a 3m2 light court in accordance with the standard. It is considered that the proposal has been designed to allow adequate daylight into new habitable windows.


20

Complies

B28 Private Open Space

Objective • To provide adequate private open space for the reasonable

recreation and service needs of residents. Numerical Requirements A building should have private open space consisting of: • An area of 40 square metres, with one part of the private open

space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room, or

• A balcony of 8 square metres with a minimum width of 1.6 metres and convenient

• access from a living room, or • A roof-top area of 10 square metres with a minimum width of 2

metres and convenient access from a living room. Assessment The proposed dwellings are provided with the following areas of private open space in accordance with the standard: Dwelling 1: 45.14sqm of secluded private open space with a minimum dimension of over 3 metres. Dwelling 2: 47.83sqm of secluded private open space with a minimum dimension of over 3 metres. Dwelling 3: 49.78sqm of secluded private open space with a minimum dimension of over 3 metres. Dwelling 4: 64.82sqm of secluded private open space with a minimum dimension of over 3 metres. It is considered that private open space has been provided for the reasonable recreation and service needs of the dwelling. Complies

B29 Solar Access to Open Space

Objective • To allow solar access into the secluded private open space of new

dwellings and residential buildings. Numerical Requirements The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2 + 0.9h) metres, where ‘h’ is the height of the wall. Assessment All areas of private open space have sufficient depth to comply with this standard. It is considered that the development has been designed to allow adequate solar access into the secluded private open space of the dwellings. Complies

B30 Storage Objective • To provide adequate storage facilities for each dwelling. Numerical Requirements Each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space.


21

Assessment Each dwelling has access to at least 6 cubic metres of external storage space in accordance with the standard. It is considered that the development incorporates adequate storage facilities. Complies

B31 Design Detail Objective • To encourage design detail that respects the existing or preferred

neighbourhood character. Assessment The dwellings in the area generally make use of brick building materials and hipped tiled roofs. The proposal incorporates design features including hipped roofs, with brick at ground level and a lightweight /rendered cladding at first floor level. Council Officers had a few concerns in relation to the proposed design and scale of the development however these can be improved by introducing a variety of materials to articulate upper storey walls and by reducing the first floor of Unit 3 so that it will contribute positively to the streetscape and character of the area. The matter was discussed with the applicant who provided a Concept Plan on 14 April 2015 providing some visual interest in the form of two additional windows to the eastern side facing Beaumont Court and ‘James Hardie Matrix Cladding’ to the upper levels. The elevation plans should therefore be required to be amended in accordance with the Concept Plan provided on 14/04/2015 and this can be requested as a condition on any permit, if issued. The proposed bulk of Unit 3 should be reduced (similar to the approved development on the adjoining property at 11 Beaumont Court) along with additional material to be introduced to first floors. The applicant provided a Concept Plan by deleting one bedroom and revised plans can be requested as a condition on the permit, if issued. This assists to ensure the visual bulk and scale of the dwelling is not excessive. Complies subject to conditions

B32 Front Fences Objective • To encourage front fence design that respects the existing or

preferred neighbourhood character. Assessment No front fence is proposed in accordance with the existing neighbourhood character which is generally open unfenced front yards. Complies

B33 Common Property

Objective • To ensure that communal open space, car parking, access areas

and site facilities are practical, attractive and easily maintained. • To avoid future management difficulties in areas of common

ownership. Assessment Common property is proposed to be confined to the internal


22

accessway and adjacent landscaped areas and will be able to be easily managed and maintained. Complies

B34 Site Services Objective • To ensure that site services can be installed and easily

maintained. • To ensure that site facilities are accessible, adequate and

attractive. Assessment Bin areas, clotheslines and mailboxes are provided to each dwelling. The location and details of service meter and mail box is required to be indicated on the site and elevation plan and can be requested as a condition on any permit issued. Complies Subject to Conditions

Officer Comments:

Response to Grounds of objections: The following includes an assessment against the relevant grounds of objection: • Side by side dwellings (Units 1 & 2) are out of character. • The design of the development does not respect the existing

character. It is considered that the construction of three double storey dwellings and one single storey dwelling on the land is acceptable as the dwellings provide adequate articulation in all elevations. The surrounding area is a mix of single storey and double storey dwellings and units, with the character of the area evolving over time. Although side by side dwellings do not exist within Beaumont Court, they are common on the corner lots (5 & 7 Beaumont Court) and other streets. The provision of one bedroom each for two dwellings fronting Beaumont Court is not considered to be out of character and is similar to the approved development on the adjoining lot. It is also not considered that the character of the area is so strong that it would prevent a development of this sort from proceeding. • Excessive visual bulk. As mentioned above in Design Detail, the introduction of additional materials and windows to Unit 1 and 2 facing Beaumont Court and reduction of the size of the first floor of Unit 3 will reduce any perceived visual bulk from the adjoining properties. It is not considered that the proposal will present any additional bulk than that already approved for the development to the south at No. 11 Beaumont Court. • Front setback inappropriate. The required front setback to Beaumont Court is 7.4m based on the setbacks of the adjoining properties being 3.6m and 11.2m. The proposal has a front setback of 6m to Beaumont Court which is not in accordance with the standard. The development on the adjoining lot at 11 Beaumont Court was approved last year with a front setback of 6.13m, which was in compliance with the standard because the setback of the dwelling at No. 9 Beaumont Court is 6.13m. If the development approved under planning permit P576/2013 on the above mentioned lot was constructed then the proposed development only requires a front setback of 4.85m. That permit is still valid and it is possible for the


23

development to proceed. Additionally, the setback of the existing dwelling at 11 Beaumont Court is somewhat of an anomaly in the area as most front setbacks are significantly smaller than 11.2m. For the reasons listed above it is considered that the proposed variation to the standard should be supported. • The approved private open space of Unit 4 (11 Beaumont) will be

permanently shadowed with the garage wall of Unit 4 on the subject site.

As mentioned previously in the report, the proposed garage of Unit 4 is to be removed and replaced with an uncovered car space as a condition on any permit issued. This will remove any overshadowing issues to the private open space of proposed Unit 4 on the site to the south. • Both crossovers will dominate court frontage and double driveway

to south side has an excessive hard area. The provision of two crossovers is common within Beaumont Court because many lots are developed for multi-unit developments. The proposed arrangement is similar to the existing arrangement but due to the provision of one double and one single crossover, the width of accessways exceeds the requirement of Clause 55. As discussed above, the width of one crossover will be reduced from 6.7m to 5.5m as a condition on any permit, if issued. This will still slightly exceed the ResCode standards, but will allow room for a vehicle to park on the street at the front of the site. It is also noted that the approved development on the southern side of the subject site was approved with a condition that both double crossovers to be reduced to 3.5m wide. Therefore the proposed and past reductions to the width of crossover will reduce the hardstand area in the Court. • Overlooking issues/Privacy. Unit 4 is single storey and therefore there is no potential for overlooking from this dwelling provided the west boundary fence has a minimum height of 2.1m above ground. The northern boundary fence is required to be removed due to its current condition and will be replaced with a 1.8m high fence for the length of the boundary. The screening measures already included on the plans for the north, south and east elevation first floor windows will prevent unreasonable overlooking to the adjoining properties and comply with the relevant standards of ResCode. • Dwelling 3 & 4 cars cannot exit in a forward direction. The application was referred to Council’s Traffic Engineer who raised concerns about this same matter. As a result, plans are required to be amended in accordance with the referral comments provided which require the garage of Unit 4 to be removed and replaced with an uncovered car parking space. It is recommended that the car parking spaces of Units 3 and 4 be required to be constructed in a different material/colour so that the turning areas and driveway are clearly distinguished from the car parking spaces. These changes will allow vehicles from bot dwellings to be able to enter and exit the site in a forward direction. • Potential car parking issues in the court. • No consideration has been made for visitors and family extra cars.


24

• Limited on-street parking. The proposal provides for 2 car spaces for each 3 bedroom dwelling (Units 1, 2 & 3) and 1 car space for the proposed 2 bedroom dwelling (Unit 4). This number of car spaces meets the statutory requirements that are set out in the Brimbank Planning Scheme (outlined earlier in this report). On-site visitor car parking is not required for a four unit development in accordance with requirements of Clause 52.06 of the Planning Scheme. There will however be sufficient space between the crossovers in front of the site for one on-street parking space to be provided. It is noted that existing parking problems in the area cannot be addressed through the current application, nor should the burden of relieving these existing problems be imposed on the developer of the subject land. As the application meets the required on-site parking provision, Council is unable to refuse the application on the basis of insufficient car parking. • Excessive noise from vehicles entering/exiting from 4 dwellings. It is not considered that the noise levels from the subject site will have any significant impact on the adjoining properties. The proposed development is similar to the existing and approved developments in the area and it is unlikely to generate an excessively high number of vehicle movements to the point that the noise is unreasonable in a residential area. • Extra traffic will be generated with the proposed development. It is acknowledged that the construction of four dwellings on the site will increase traffic movements in the street. However, it is not considered that this will be beyond the capacity of the street. Council’s Traffic Engineers have assessed the proposal and have not raised any issues in relation to the capacity of the roads to carry the additional traffic. • Overdevelopment. As discussed above the provision of 4 dwellings on the subject site is similar to the existing character where provision of 2 to 4 dwellings is very common. The proposed development generally complies with Clause 55 of the Planning Scheme and there are no areas of non-compliance with the standards where it could be argued that they resulted in overdevelopment. • The proposed development for 13 Beaumont Court should be re-

applied for 2 single storey dwellings. • Two dwellings in accordance with current rules and regulations

should be supported. Clause 32.09-3 specifies that the number of dwellings on a lot must not exceed two dwellings, however this provision does not apply to an application to construct two or more dwellings on a lot made before the approval date of the planning scheme amendment that introduced Clause 32.09 into the Planning Scheme. The approval date in this instance was 6 November 2014. The application was received by Council on 30 April 2014 and therefore the transitional provisions apply and Council can consider an application for more than two dwellings. It may be of more comfort for the objectors to know that any future applications in this area can only propose a maximum of two


25

dwellings on a lot. Conclusion: Based on the Concept Plans, the development achieves the objectives set out in the State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF). The proposed development also achieves a high level of compliance with the objectives and standards set out in Clause 55 (ResCode) of the Brimbank Planning Scheme, as discussed throughout this report. Although the Neighbourhood Residential Zone only allows a maximum of two dwellings on a site, the current application has the benefit of the transitional provisions contained at Clause 32.09-3 of the Brimbank Planning Scheme. It is recommended that the proposal be supported subject to the changes that are recommended in this report, and are listed in the “Proposed Conditions” at Attachment 6.

P273/2014 – 13 Beaumont Crt, Sydenham Attachment 6

PROPOSED CONDITIONS:

Amended/Endorsed Plans

(1) Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of

the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application (received by Council on 6 November 2014) but

modified to show:

(a) The site, floor and elevation plans to be amended in accordance with the concept plan provided on 14/04/2015 along with following additional changes:

• The garage of Unit 4 to be removed and replaced with a car space.

• Provision of greater radius on Unit 4 landscape outside living area to enable more efficient vehicle movements.

(b) The Bedroom 2 (Unit 2) northern wall to be setback at least 1.69m from the

northern boundary, with a reduction in the size of the bedroom to achieve this if necessary.

(c) The northern boundary fence to be removed and replaced with a new 1.8m high fence in accordance with Condition 3.

(d) The Unit 3 and 4 car spaces to be clearly marked and distinguishable by being constructed with a different material or colour so that there is a clear distinction between the parking spaces and the common driveway.

(e) The width of the southern crossover to be reduced from 6.7m to 5.5m by:

• Tapering the landscape buffer to a width of 800mm where the driveway meets the eastern (front) boundary of the site.

• Reducing the length of the dividing landscape buffer located to the

south of car space 1 of Unit 2 by 1.1m.

• Relocating the garage of Unit 1 to the west by 1m by reducing the size of the meals area and any other internal alterations (if required) that do not increase the footprint of the dwelling.

(f) The location and details of service meters and mail boxes to be indicated on the site and elevation plan.

(g) The internal boundary fences notated as being at least 1.8m tall.

(h) A landscape plan prepared by a landscape architect or a suitably qualified or experienced person, in accordance with Condition 4. This landscape plan must coincide with the approved site plan and must clearly show a minimum permeable area of not less than 20% of the entire site, in accordance with

Standard B9 of Clause 55 of the Brimbank Planning Scheme (ResCode).

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

Northern Boundary Fence

(3) The new boundary fence along the northern boundary must be constructed to a height of at least 1.8 metres from finished ground level and the owner of the subject land must pay all costs associated with the construction of the fence (including materials), to the satisfaction of the Responsible Authority.

P273/2014 – 13 Beaumont Crt, Sydenham Attachment 6 (cont.) Landscaping

(4) A landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale

with dimensions and three copies must be provided. The plan must show:

(a) Details of surface finishes of pathways and driveways;

(b) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names common names, pot sizes, sizes at maturity, and quantities of each plant;

(c) Landscaping and planting within all open areas of the site;

(d) Appropriate irrigation system;

(e) Canopy trees (minimum two metres tall when planted) in the following areas:

• Front setback of Unit 1 & 2; and

• Rear setback of all dwellings.

All species selected must be to the satisfaction of the Responsible Authority.

(5) Prior to the Occupancy Permit being issued for the buildings hereby permitted, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority.

(6) The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

(7) The following payments are required prior to the collection/release of endorsed

plans:

(a) A cash bond for $2,000, plus a non-refundable 5% service charge of $100

(Total of $2,100), shall be lodged with the Responsible Authority prior to the collection of endorsed plans to ensure the completion and establishment of landscaped areas. This cash bond will only be refunded after a 13 week

establishment period beginning when the Responsible Authority is satisfied with the completed landscaping works, provided that the landscape is being maintained to the satisfaction of the Responsible Authority.

(b) The owner must pay to the Responsible Authority a fee of $470 (including

GST) for planting of a replacement street tree within the naturestrip.

General

(8) During the construction phase of the development, the following conditions shall be met:

(a) Only clean rainwater shall be discharged to the stormwater drainage system;

(b) Stormwater drainage system protection measures shall be installed as required to ensure that no solid waste, sediment, sand, soil, clay or stones from the premises, enters the stormwater drainage system;

(c) Vehicle borne materials shall not accumulate on the roads abutting the site;

(d) All machinery and equipment must be cleaned (if required) on site and not on adjacent footpaths or roads;


(e) All litter (including items such as cement bags, food packaging and plastic stripping) must be disposed of responsibly;

(f) All site operations shall comply with the Environment Protection (Residential

Noise) Regulations 2008. Car Parking

(9) Before the occupation of the development starts, the areas set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

(a) constructed in concrete; (b) properly formed to such levels that they can be used in accordance with the

plans;

(c) drained; and (d) maintained;

all to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways must be kept available for these purposes at all times.

(10) Vehicular crossings must be constructed to the road to suit the proposed driveways

to the satisfaction of the Responsible Authority prior to any works being undertaken on the site. A Vehicle Crossing Permit must be obtained from Council’s Engineering Department prior to any works commencing on the site.

(11) All disused or redundant vehicle crossings must be removed and replaced with kerb and channel, naturestrip and footpath to the satisfaction of the Responsible Authority. A permit must be obtained from Council’s Engineering Department prior

to the commencement of these works. (12) The owner/developer is responsible for determining the location of any road

infrastructure or non-road infrastructure in the road reserve (e.g. pits, poles, water

mains, gas mains, telecommunications cables, etc.) that could be affected by the installation of the new crossovers or related works.

Any existing road infrastructure or non-road infrastructure located within or adjacent to the new crossovers must be altered, relocated or reconstructed to the satisfaction of the Responsible Authority and/or the relevant utility provider or infrastructure manager at the expense of the owner/developer.

(13) Concrete kerbs or other barriers must be provided to the satisfaction of the

Responsible Authority to prevent direct vehicle access to Beaumont Court other than via the vehicle crossings shown on the endorsed plans.

Engineering

(14) Access to the site and ancillary road works must be constructed in accordance with the requirement of the Responsible Authority.

(15) An on-site stormwater drainage retention system must be installed on the subject

land to the satisfaction of the Responsible Authority. (16) The entire development site must be connected to the existing underground

drainage and sewerage systems to the satisfaction of the Responsible Authority. (17) Protective kerbs (of a minimum height of 150mm) must be provided to the

satisfaction of the Responsible Authority to prevent damage to fences or

landscaped areas and to control drainage flows.

P273/2014 – 13 Beaumont Crt, Sydenham Attachment 6 (cont.) Multi-Unit Residential Development

(18) Provision must be made for a suitable structure or structures for receiving mail and newspapers. Such area shall be kept clean and tidy. The structure shall include separate provision for each unit to receive papers.

(19) All service meters must be located in the front of the units in a location easily

accessible to the various authorities. (20) All pipes, fixtures, fittings and vents servicing any building on the site must be

concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.

(21) The walls on the boundary of the adjoining properties shall be cleaned and finished

to the satisfaction of the Responsible Authority. (22) Provision must be made on the land for the storage of garbage and other solid

waste. This area must be graded and drained and screened from public view to the satisfaction of the Responsible Authority.

Time Limit

(23) This permit will expire if one of the following circumstances applies: (a) The development is not started within two years of the date of this permit,

(b) 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:

(a) Within six months afterwards for commencement, or (b) Within twelve months afterwards for completion.

Notes

(1) This is not a Building Permit. Please consult a Building Surveyor and ensure

that a Building Permit is obtained prior to the commencement of works.

(2) Building Surveyor Note: A siting assessment has already been undertaken and

therefore an assessment under Part 4 of the Building Regulations 2006 is not

required.

(3) Approval must be obtained from Council’s Engineering Department (Phone: 9249

4430) for the construction or alteration of any vehicle crossings prior to the

commencement of any works on the site.

(4) Prior to any works commencing on site, an Asset Protection Permit must be

obtained from Council’s Engineering Department (Phone: 9249 4430).

(5) A copy of this permit and the endorsed plans must be provided to all builders and

contractors who are to work on the site so that they are aware of the conditions to

which this approval is subject.


(6) If there is a change in ownership or any change in detail of the payee for the

landscape bond, a ‘Transferral of Bond’ form can be obtained from Council’s City

Planning Unit (9249 4606) ensuring the details of new payee of the landscape bond

are transferred to the application.

brimbank city council ordinary council meetingagenda ... · brimbank city council ordinary council...

Documents