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Urban Planning Special Committee Agenda 20/03/17

UPC3 79 Balwyn Road, Balwyn Application no.: DP15/002 Responsible director John Luppino

City Planning Authorised by: Simon Mitchell

Manager Statutory Planning Report officer: Adam Haines -

Senior Planner Statutory Planning

Abstract Proposal A new Development Plan is proposed for Fintona Girls School, comprising three new multi-purpose building envelopes and associated landscaping. Issues The following are key issues in respect of this application: Response to existing neighbourhood character; and Potential amenity impacts to adjacent properties. Officer's response Details of the proposal, discussion of all objections and an assessment against the relevant planning scheme controls and policies is contained in the attachment to this report. Subject to the design changes noted below, it is considered that the proposed building envelopes would be respectful of the character and scale of the existing buildings within the Fintona facility and acceptable in terms of impacts on nearby residential interfaces along Millah Road, Cherry Road and Balwyn Road. It is not anticipated that the activities associated with the proposed facilities will cause unreasonable levels of noise on the nearby residential properties and there are no new external activities proposed that may generate additional noise on the surrounding area. It is noted that the whole of the land has existing use rights for use as a school. The proposal results in an additional five car spaces provided on the subject site and there is no intensification of the use in terms of the total number of students and/or staff which will remain unchanged. The proposed setbacks of the three new building envelopes has been assessed as being appropriate having regard to the institutional use of the subject land, the location of institutional structures within the existing facility as well as surrounding it, as well as having regard to the surrounding residential character. In this context, it is considered that the Development Plan is consistent with the relevant performance standards.

City of Boroondara 79 Balwyn Road of 60

Urban Planning Special Committee Agenda 20/03/17

Officers' recommendation That the Urban Planning Special Committee resolve to endorse the Fintona Girls School Development Plan reference DP15/002 subject to the following: (a) All applicable covenants on titles must be varied or removed prior to or

determined concurrently with the lodgement of any planning permit application for the development of the respective stages of the Development Plan.

(b) The changes shown on the indicative plan information received on

15 December 2016 with regard to proposed Building 1, including a maximum single storey (6.8m) envelope (with basement), setbacks to Millah Road to be a minimum 3.0m and the setback to Balwyn Road to be a minimum 4.0m for the first southern half of the eastern wall, increasing to a minimum 7.0m thereafter.

(c) The landscape plan forming part of the Development Plan amended to detail

planting along the northern interface of Building 2 adjacent No. 11 Cherry Street optimised to ensure screening along this interface.

(d) The landscape plan to include a notation to the effect that the Gum tree located

in the north-west corner of the site is to be protected and retained to the satisfaction of the Responsible Authority.

(e) The Development Plan notated to ensure that expert acoustic input is

incorporated into the design process of proposed Building 2 to ensure the acoustics accord with industry best practice.

(f) Reference that the Cherry Road façade of Building B will incorporate a high

level of articulation and visual relief in the form of rebates or recesses to enhance the façade’s visual depth and interest.

(g) The corner access off the junction of Millah and Balwyn Roads is to be

maintained as a pedestrian access per the relevant MMBW plan for the subject property.

City of Boroondara 79 Balwyn Road of 60

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STATUTORY PLANNING OFFICERS REPORT Urban Planning Committee

Application Number DP15/002Date Received 16 October 2015 Planning Officer Adam Haines

Applicant Nicholson Planning on behalf of Fintona Girls School

Owner Fintona Girls School

Property Address 79-87 Balwyn Road, Balwyn Proposal New Development Plan Ward Maling

Zoning Neighbourhood Residential Zone 1 (NRZ1); General Residential Zone (GRZ1)

Overlays Development Plan Overlay - Schedule 2; Heritage Overlay - Schedule 169 (Partial)

Aboriginal Heritage Layer NoIdentified Trees on the Significant Tree Register?

N/A

Advertised? Yes Number of Objections Received Five (5) Recommendation Approval of Development Plan

PLANS ASSESSED IN THIS REPORTAs submitted October 2015 and December 2016.

PROPOSAL

Appendix A - Plans

The proposal is for a new Development Plan (replacing that prepared in 2003) for Fintona Girls School, at 79-87 Balwyn Road, Balwyn.

The Development Plan (DP) proposes the development of three purpose built education buildings for the period between 2015 — 2030.

Urban Planning Special Committee Agenda 20/03/17______________________________________________________________________________________

______________________________________________________________________________________City of Boroondara 79 Balwyn Road of 60

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The three buildings will in effect designate the three future stages of redevelopment for the Development Plan (i.e. Building 1 - Stage 1 etc). The locations and Development Plan envelopes are shown in Figure 3.

Fig 1 - Existing Site Conditions - Current Development Plan 2003



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Fig 2 - Demolition Plan - New Masterplan 2015

Fig 3 - Proposed Building Envelopes - New Development Plan



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Building 1

Building 1 proposes a single storey envelope which would accommodate the School's new Science facilities together with classrooms and teaching spaces for the Mathematics Facility. The building is proposed to be located on the south-east corner of the campus on a new site created in part through the removal of the existing 'D' driveway. The envelope within which the building will be contained proposes a single storey height of 6.8m, a width of 39m and a depth of 25.3m.

The proposed revised footplate of Building 1 proposes the removal of 1 canopy tree (Cypress) situated in the front setback to Balwyn Road. This tree was noted in the original submission as being retained. In order to facilitate a single storey scale for Building 1 as well as increased setbacks to Balwyn Road, the permit applicant has applied and successfully obtained a Local Law permit for the removal of this tree. This was due to the fact that due to the tree’s age, it would unlikely survive a change in conditions due to development. Given the age of the tree combined with the constraint on design, removal of the tree was considered acceptable and the Local Law permit granted.

The ground floor of the building is proposed at the same level as the recently completed Art Precinct building; that is, at the level of the Millah Road pavement along the School's southern frontage. The new building is proposed to be set back 3.0m from the Millah Road boundary and between 4.0m and 7.0m from Balwyn Road.



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The building will have a northerly aspect out over the central/ lawn area and heritage gardens and, to the west, the building is proposed to interface with a new external paved courtyard space to be shared with the Art Precinct. A basement storage level is proposed beneath the southern half of the ground floor envelope.

Building 2

The second stage of the Development Plan implementation involves Building 2, which is situated on Cherry Road and is currently occupied by the Cherry Road and Moss Houses (Nos 15 and 17 Cherry Road). Building 2 is proposed to accommodate the new School Hall, a multi-purpose forum space with an undercroft carpark accessed off Cherry Road. The envelope for Building 2 measures a height of 13.0m, a width of 45.5m and a depth of 37.0m.

The proposed footplate of Building 2 proposes the removal of 1 canopy tree (Liquid amber) as well as several smaller trees situated in the central section of the site. The Liquid Amber has been assessed by Council’s Arborist has having a structural fault and therefore a Local Law permit would be issued for its removal. The other trees in the vicinity of the Liquid Amber (Queensland Brush Box and Cedar) are able to be retained with the proposed building footprint and would require tree protection measures during any construction. This can be addressed at the planning permit stage.



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The building envelope is proposed to have a 6.5 metre setback from Cherry Road, which aligns with the setback alignment of the existing Elizabeth Butt Building to the south. The envelope also includes a small single storey projection to Cherry Road (as noted in Section BB above), which would accommodate the main entrance stair/ramp access and canopy over. To the north, the building envelope would be setback 6.5 metres from the northern interface with No. 11 Cherry Road, which contains a private residential property.

The undercroft carpark is proposed to accommodate a total of 47 car spaces (replacing 28 existing spaces), including one disabled car space positioned directly off the carpark entry driveway. The undercroft is proposed to include parking spaces for eight bicycles together with store rooms and rooms for mechanical plant. Access to the undercroft car park is via an existing crossover to Cherry Road, which currently services a car park in this location.

The upper levels of the building are proposed as two split levels. The upper level would align with the level of the central campus area and accommodate the Hall's main entry foyer, toilet facilities and a small servery. The multi-purpose forum space is also proposed to be located at this level, with direct pedestrian access proposed off the main north-south campus circulation route.

The lower of the two split levels will accommodate the 500 seat auditorium with a tiered seating arrangement, a raised proscenium stage and back-of-house areas. The auditorium is proposed as a large flat-floored space to optimise flexibility and includes retractable tiered seating to the rear half of the auditorium (a total of 250 retractable seats).

Building 3

The third stage of the Development Plan implementation proposes the construction of Building 3 in the central part of the campus. Building 3 would contain a new central Library for the campus. The envelope for Building 3 is proposed to a height of 14.0m, a width of 30.5m and a depth of 27.5m.



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The ground floor level of this building is proposed to be at the same level as the central part of the campus and includes a main reading area, open book stacks, collaborative/quiet workspaces, two seminar rooms, an IT room and office accommodation for Library staff.

The first floor of the building, proposed for use by the Humanities Faculties, has capacity for six new multi-purpose classrooms, an interactive meeting space, collaborative space and staff offices.

The second floor proposes new accommodation for the Fintona Middle School including four new multi-purpose classrooms, staff offices, an activity space and a central 'commons' area.

A full basement is also proposed under Building 3 to meet the School's general storage requirements.

General

Student numbers are to remain at the current enrolment of 600 students. A Section 173 Agreement (Ref Ae7744575U dated 8/12/2006) restricts the maximum number of students that can be enrolled at the facility of 700. In addition, staff numbers must not exceed a maximum of 80 full time staff except where a relevant State or Commonwealth statutory body requires otherwise.

There are no new pedestrian and/or vehicle access points proposed to the facility. Internal pedestrian corridors would be varied in order to accommodate the new building locations and the movement of students within.

The existing “D” shaped vehicle driveway entering from the corner of Balwyn Road and exiting at the corner of Balwyn Road and Millah Road is proposed to be decommissioned and removed.



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The provision of on-site parking will increase by five car spaces to a total of eighty- five (85) car spaces. The existing crossovers servicing the two Cherry Road properties (15 & 17) will be removed and reinstated as kerb and channel and thus increasing available on-street parking along Cherry Road.

THE SITE

Appendix B - Locality Plan

Site Location The subject site is located on the north-west corner of Balwyn Road and Millah Road.

Width of Frontage 144m (approx) frontage to Balwyn Road (east) 116m (approx) frontage to Millah Road (south) 123m (approx) frontage to Cherry Road (west)

Maximum Depth of Site 121m (approx) Total Site Area 17,800m2 (approx) Easements The site is encumbered by two drainage and sewerage

easements (both 1.83m wide), with one located adjacent to the northern boundary of the site and the other running perpendicular to the western site boundary half way down the site (refer to Title Plan). The proposed building is not affected by either of these easements.

Fall of the Land The entire site has a notable downward slope from south to north, although the area where the proposed Arts Precinct is to be located is generally flat.

Front Fence Details A 1.3 metre high timber picket fence is located along the Balwyn Road frontage of the site.

The subject site is occupied by Fintona Girls School.

Fintona's Middle and Senior campus is bounded by Balwyn Road to the east, Cherry Road to the west and Millah Road to the south. It is situated on the western side of Balwyn road, approximately 200 metres south of the intersection of Balwyn and Whitehorse Roads.

The Middle and Senior School occupies land at 73-79 and 81-85 Balwyn Road as well as 15 and 17 Cherry Road. The properties in Cherry Road are used for a range of School activities.

A notable feature of the facility is the heritage protected 'Tourmont' building which occupies a central position on the Balwyn Road hill. This building accommodates the School's main administration and staff facilities.

Other buildings on the campus include the EM Butt Building and Music Centre located in the south-west corner frontage to Millah Road/ Cherry Road, the Margaret Cunningham Hall and the recently completed Art Precinct directly south of the Tourmont building adjacent the Millah Road frontage and the large



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Margaret Ross Centre located in the north-east corner frontage fronting Balwyn Road (see Figure 1, page 2).

Buildings on the site vary from single storey to three storeys in scale.

The school has a total of 600 enrolled students and 62 full time staff.

THE SURROUNDING AREA

Aerial photo of subject site and surrounding area (Weave ~ 2016)

North: Private properties are located to the north of the Middle and Senior school site, with street addresses to Balwyn Road and Cherry Road. They are a mixture of single and double storey dwellings.

South: Private properties are located to the south side of Millah Road and are comprised of single and double storey dwellings.

East: Balwyn Road is located immediately east of the site. Properties fronting Balwyn Road across from the site include the Fintona Girls Junior and Pre-school site, two residential dwellings, St Barnabas' Anglican Church and Balwyn Primary School.

West: Balwyn Park and the associated Bowls Club and Tennis Courts are located to the west of the school on the opposite side of Cherry Road.



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STATEMENT OF SIGNIFICANCE

The following statement of significance provides a summary of the significance and key attributes of Boroondara's Heritage Overlay precinct HO169. Unless otherwise referenced, the statements have been identified in the Review of Heritage Overlay Precinct Citations (2006) prepared by Lovell Chen Pty Ltd.

Heritage Precinct HO169 - 'Tourmont' building Statement of Significance

Architecturally, a highly successful .and picturesque design, using European Medieval motifs in a manner characteristic of John Beswicke's work, and a prelude to the medieval emphasis adopted by the prolific Queen Anne villa style in Victoria: of state importance.

Historically, created for and the home of David Symes, an important Victorian business figure. Both Murray, the original purchaser, and Syme, the first resident are critical figures in the history of Victoria if not Australia. Murray combined his newspaper interest with wine-growing and service in local municipal politics; Syme was an influential member of the Victorian corporate world. They were probably a cut above other Camberwell residents in political and economic influence.

Tourmont reflects some of this local standing. The building's later career as a private girls' school indicates another phase in the history of Camberwell, when its mansions were turned to new uses, private schools in particular; of state importance.

RESTRICTIVE COVENANT/AGREEMENTS

Restrictive Covenant/Agreement Details Instrument of Transfer No Covenant 1554968, 1581939 and

1589035.

The consolidated title for the site is subject to three restrictive covenants, each with similar wording and subsequent restrictions.

(transfer no. 1554968 & 1581939)

a) If any buildings then- erected on the land are to be used for any enterprise, school etc, they must be used for a Protestant girls school.

b) Only a detached private 'dwelling house may be erected on the, land. It Must be constructed of brick or concrete, be roofed With slates or tiles and be used as a private residence.

c) Any such dwellinghouse must be of a value of no less than 800 pounds



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Restrictive Covenant/Agreement Details

The covenant created by Transfer No. 1589035 additionally states:-

In the event of the buildings then erected being demolished, only a detached private dwelling house shall be erected and such building shall be constructed of brick or concrete and be roofed with slates or tiles. Any such detached private dwellinghouse shall be used as a private residence.

Officer comment

Legal advice regarding the restrictive covenants has been obtained. The advice concludes that granting a planning permit for the buildings proposed would breach the covenants. The Development Plan is able to be approved, subject to conditions requiring the variation or removal of the covenants prior to the lodgement of planning permit applications for the buildings proposed. Such conditions are included in this recommendation.

CONSULTATION MEETING

Prior to lodging the Development Plan local residents were invited to an information session held on 8 August 2015 at the School between 3.30 and 6.30pm. Nine residents of Millah Road, Cherry Road and Balwyn Road attended the information session.

The information session was an opportunity for the applicant (comprising the school management, the architects and planning consultants) to discuss the proposal with residents with an aim to inform the ongoing development of the Development Plan document.

A Consultation Meeting was held at the Council Offices on 2 March 2016, which was attended by the Planner, Ward Councillor, Applicant, Architect, Principle Surveyor and objectors.

PUBLIC EXHIBITION

Pursuant to the Institutional Uses Policy at Clause 22.06-3 of the Boroondara Planning Scheme, the Development Plan was exhibited for a period of two weeks. This involved:

Sending notices to the owners and occupiers of adjoining land; and Placing signs on the land for a period of 14 days.

Five (5) objections have been received to the proposal. A summary of the objections is as follows:



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Concerns with ‘shading’ of the ground floor bedroom and the ‘liveability’ in general to No. 11 Cherry Road.

Potential noise from Building 3 to No. 11 Cherry Road. Permit conditions should be imposed to limit the hours of performances to

minimise night-time disturbance. Improved traffic management of the facility given that the car park and the

street are on occasion ‘gridlocked’ during peak periods. Gum tree at north-west corner should be retained and protected. Concerns raised regarding the process of developing the Development Plan

content. Concerns that the view to Tourmont would be blocked on approach from

Balwyn Road for north travelling vehicles and pedestrians. Inadequate on-site parking for staff. A drop off/collection area should be provided on site for the students. The setback to Millah Road should be increased to open up view lines to

Tourmont. The current cap on student numbers should be retained. The site setback to the nearest residential property in Millah Road /Balwyn

Road should be applied. The heights of buildings are too great and exceed the mandatory heights

which apply to housing. Building 2 is cumbersome and overwhelming in comparison to residences

being replaced; scale and street presence is unsympathetic to existing character of the area.

Development Plan does not encompass No. 9 Cherry Road which will surely be developed within the 15 year timeframe.

AMENDED PLANS

An updated set of plans regarding proposed Building 1 was submitted on 15 December 2016. The changes to the plans sought to improve the interface of Building 1 to the Balwyn Road interface by revising the envelope from being a two-storey (10.5m high) to single-storey (6.8m high), as well as increased boundary setbacks to Balwyn Road from 2.5m to between 4m and 7m.

INTERNAL REFERRALS

The application was referred to the following:-

Traffic Engineering

I refer to the current planning application at 79 Balwyn Road, Balwyn (DP15/002) associated with the Fintona Girls School Development Plan. It is proposed that the



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Development Plan be staged over 15 years and will incorporate significant development within the school grounds including additional building infrastructure and additional on-site car parking, including an effective increase of 5 additional spaces.

It is noted that staff numbers have increased after the endorsement of the previous development plan in 2003, but have been maintained at the current levels for an extended period of time. As part of the new development plan (2015-2030), both student and staff numbers are to be maintained at current levels.

The development plan is to be undertaken in three stages. The following is proposed as part of the traffic/parking/pedestrian improvements as part of the development plan:

Stage 1: Removal of the existing ‘D’-shaped driveway to Balwyn Road.

Stage 2: Construction of an undercroft car park, accessed from Cherry Road, incorporating 47 parking spaces (1 disabled space) and 8 bicycle parking spaces.

Stage 3: Landscaped central pedestrian spaces throughout the campus.

As part of the proposed construction schedule of each of the development plan stages, a number of existing on-site parking spaces will be removed to allow implementation of each of the Stages. The loss of these spaces will result in short-term impacts to on-site parking capacity during each of the stages. It is identified that a total of 42 existing on-site parking spaces will be removed as part of the development plan. However, as stated above, a new car parking facility is to be constructed as part of Stage 2, incorporating 47 parking spaces, resulting in a net increase of 5 spaces on the existing on-site parking capacity.

Reference is made to the provision of temporary on-site parking facilities to be provided in alternative locations to off-set the removal of the existing parking spaces during the implementation of the development plan stages. Further detail is to be provided via the development and submission of a construction management plan in due course.

On review of the development plan and associated information, I provide the following feedback regarding the proposed plan:

• It is noted that both student and staffing levels are to remain consistent with the current levels. Accordingly, there is no statutory requirement for additional car parking as part of the development. Five additional on-site parking spaces



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are to be created which are to be utilised for staff use. Given that the on-site parking provision is being increased and the staff demand is being maintained, this is considered acceptable.

• The addition of eight bicycle parking spaces on-site is considered acceptable, as there is currently no formal bicycle parking provided at Fintona.

• Reference is made to car park design elements, however no detailed plans have been provided as part of the development plan submission. On this basis, advice is provided based on the content within the development plan document only.

• Car park accessway widths if bounded on both sides by walls should maintain a minimum of 6.1m wall-to-wall, as per AS/NZS2890.1-2004. It is stated that the proposed accessway is to be 5.6m wide.

• All other car park design elements as stated in the development plan document, including pedestrian sight distance splays, height clearance, parking space dimensions, column locations and ramp design are stated to conform with Boroondara Planning Scheme requirements. Following submission of detail design plans, each of these design elements may be confirmed and detailed design advice provided.

• Pedestrian access to the school is to remain relatively unchanged as part of the development plan. However, it is proposed to create a more prominent pedestrian entry point from Cherry Road to the south of Building 2, improving direct connection through the abutting car park. This enhancement to pedestrian facilities is considered acceptable from a functional perspective.

• The removal of the ’D’ shaped driveway to Balwyn Road results in the primary pick-up/drop-off area associated with Fintona to be located in Millah Road and Cherry Road. Existing parking restrictions regulating parking and the recent introduction of turn bans to facilitate a uniform circulation in Cherry Road and Millah Road assist to regulate operation of these parking facilities. This is considered an acceptable arrangement, noting that should the abutting residents be significantly impacted as a result of school-related traffic and parking, additional parking restrictions or other measures may be considered on these streets.

• The relocation of 14 staff spaces currently accessed via Balwyn Road, and the creation of an additional 5 staff spaces, to be accessed via Cherry Road as part of the construction of the undercroft car park in Stage 2 results in a marginal increase in traffic volumes on Cherry Road. It is anticipated that this will result in an increase of 19 vehicle movements on Cherry Road during school morning and afternoon peak periods. A review of existing traffic volumes on Cherry Road indicates that it currently accommodates approximately 1500 vehicle movements per day. Given the order of road, there is adequate spare capacity to accommodate the anticipated increase in traffic as a result of the development plan.



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Accordingly the proposed development plan is SUPPORTED on traffic engineering grounds.

Officer Comment

The proposal is supported by Council's Traffic Engineers. A further assessment of parking demand would be undertaken when planning permit applications are submitted. The Traffic Engineer’s advice regarding car park accessway widths will be forwarded to the school.

Heritage Advisor

9 December 2015 The Masterplan proposes three new buildings to the campus. Comments relating to the footprint and external envelope have been provided. It is noted that of the three buildings only Building 3 is partially covered by the Heritage Overlay. A pre-application meeting was held for this site in July 2015, and the following key points were made:

• Tourmont must be the highest building on site; • Soft materials should be used with reference made to Tourmont.

In addition to this, views to Tourmont from the site are considered important.

Building 1 - New Science facilities This building is located to the south-east corner of the site. The proposed footprint is generally supportable, and retains the mature tree which assists in softening the proposed built form. The two level building will be lower than Tourmont and is supportable.

Building 2 - New Hall The proposed hall fronts Cherry Road, to the rear of Tourmont. The footprint is supported and provides considerable separation between the two buildings. The height of the building is supportable, as due to the slope of the site, the Hall will be single storey to the east where the primary interface with Tourmont is. This will allow it to be subservient to the heritage place.

Building 3 - New Library The new library replaces the existing hall in the same location. The footprint of the proposed building is considerably smaller than the existing hall, and is sited respectfully to the rear of Tourmont. The height of the proposed library raises some concern. The current Hall building according to the existing elevations is lower than the existing tower and principal ridge of Tourmont, allowing the building to retain prominence on site. The proposed library is four storeys (including basement) with a total height envelope of 14m. This height datum sits approximately halfway up the tower roof. This is not supported, and will detract from the presentation of Tourmont



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and impact on its cultural heritage significance. The proposed library should be no higher than the principal ridge line of Tourmont to reduce the new building’s visual prominence on site.

Officer Comment

The various requirements above will be included as amendment requirements to any approved Development Plan. The comment as to the retention of the cypress tree is no longer valid as Local Law permission for the removal of this tree has been granted separately to this development plan application. The removal of this tree was queried with the Heritage Advisor and whether this would alter the heritage context of the Tourmont structure, to which the reply was that the tree did not contribute to the heritage status of Tourmont and therefore did not alter the original comments in support of the Development Plan.

Following a request by the School’s representatives to defer the matter from consideration from Urban Planning Committee on 30 January 2017, additional advice has been presented to Council’s Heritage Advisor (on 1 March 2017) in response to the Officer’s recommendation to vary the proposed Building 3 envelope as detailed in the previous comments above. Following consideration of the additional evidence, Council’s Heritage Advisor has provided the following updated comments in relation to the proposed Building 3 envelope:

2 March 2017 The proposed development envelope of the proposed building was considered acceptable and would not impede on the ability for built form, especially the tower, of ‘Tourmont’ to remain the major focal point of the Fintona campus when viewed from Balwyn Road.

It was emphasised that the real impact of the development would be gauged from the point of view of both built form and the selected material palette of the proposal, however, at this point in the discussion it was acknowledged that only the built envelope of the development was being discussed and that the design of the proposed building itself would form part of an application at a later date.

It was noted that the applicant emphasised the ability for the existing front setbacks to both ‘Tourmont’ and neighbouring ‘Glencairn’ to be significantly landscaped in light of the built envelope being pursued.

As part of the landscape discussions, it was noted that the present driveway configuration of ‘Glencairn’ was original and that the corner access off the junction of Millah and Balwyn Roads should be maintained as a pedestrian rather than vehicle access as part of a future proposal.



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The relevant MMBW plan for the property was noted as possessing driveway layouts etc. and Lyons expressed their interest in obtaining this plan as a reference as part of master planning for the site. The MMBW was subsequently provided to Lucinda Arundel of Lyons, via email, for their reference.

Officer Comment

The envelope for proposed Building 3 is now supported. The additional evidence provided by the project architects detailed photo montages and superimposed 3-dimensional envelopes from various important perspectives from in and around the subject site. This evidence highlighted the significant recessing of the proposed building envelope behind the principal façade alignment of Tourmont, and importantly, demonstrated that how the main tower of Tourmont would remain the major focal point of the Fintona campus.

In relation to comments with retention of the gate and entry on the corner of Balwyn Road and Millah Road, the purpose of this change (as reflected in condition (f) of the Officer’s recommendation) was to ensure that this original feature of the Glencairn configuration as noted in the MMBW historical data was retained in situ. The modern day use of this access in conjunction with the D shaped driveway for vehicles was not deemed historically important and therefore the removal of the D shaped driveway continues to be supported.

Urban Design

Council’s Urban Designer has provided the following comments:

A review of the schematic diagrams for Fintona School has revealed that the proposed alterations to the School’s Master Plan would generally be acceptable. As you may appreciate, the proposed building footprints and envelopes are indicative and aim to set the maximum building heights and minimum setbacks from adjoining streets. Clearly, the final building form would sit well within the specified building envelope parameters. This appears to be the architects’ understanding too as expressed in the following annotation on the diagrams:

“Building envelopes provide for a maximum height of building excluding reasonable allowances for plants, architectural features and the like.”

The proposed setbacks for Building 1 along Balwyn Road, in particular, were flagged as potentially inadequate in the first set of plans. To address that, the following envelope parameters were prescribed for Building 1:

1. The setbacks along Balwyn Road should respond to the existing setbacks on either side of the road. These setbacks should start at 4 metres at the Balwyn/Millah



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Roads corner, stepping back midway through the Balwyn Road frontage to achieve a 7m setback. This setback aligns Building 1 with the brick section of the Margaret Ross Sports Centre Building to the north (the L-shaped building that occupies the northeast portion of the Senior Campus). The 4-7m setback along Balwyn Road should provide ample opportunities for meaningful landscaping along this edge. Additional articulation in the form of fenestration, recesses/projections or variation to façade surface alignment and materiality to create stepping in the mass on both horizontal and vertical planes would be required for this façade as part of the final architectural resolution of the building floor plans and elevations.

2. The 3m setback along Millah Road is appropriate as the main façade line with further articulation achieved through stepping in the form on both vertical and horizontal planes. This variation in the building alignment should break down the scale and soften the building appearance within the street.

3. Well identified entries and access points should be incorporated into both frontages to enhance interaction with the public realm on both streets. New buildings within the campus should avoid turning their backs onto adjoining streets.

The nominated setbacks above have been adopted by the proposal in the revised set of plans, which makes the proposal acceptable from an urban design perspective.

The first advice also included some comments on the proposed envelope for Building 2, which faces Cherry Road. The 6.5m setback along this frontage was considered appropriate but needed some adjustment to break up its continuous alignment given its 45.5m breadth. The proposed envelope for Building B can be approved with a proviso that requires the Cherry Road façade be refined in the detailed design stage to incorporate a high level of articulation and visual relief in the form of rebates or recesses to enhance the façade’s visual depth and interest.

Officer Comment

An updated indicative building envelope plan for Building 1 has been provided which accords with the above requirements. The design refinements as referred to in the above comments can be included as amendment requirements to the Development Plan document.

Arborist

The details of the tree shown as being removed on the demolition plan (Drawing No A01, 00/09/15) are:

Tree 1: Liquidambar styraciflua, (Liquidambar), DBH: 47 and 60cm, TPZ: 91m, 15m



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high with a canopy spread of 10m. The tree is in good health with a dense canopy. There is very minor twig dieback in the canopy, but this typical of a tree of this age and species, growing in a compacted location.

The tree is in fair structural condition, and is bifurcated with a tight union between the two leaders. The union is supported with a steel cable between the two leaders, and another cable between one of the leaders and a large branch. The union is in a stable condition and shows no signs of any recent change or deterioration. While this tree is currently in good health, because of the structural fault it does not warrant redesigning the proposal around the retention of this tree. Therefore a local law permit would be issued for its removal.

There are two trees near the proposed Building 2 south eastern corner: Tree 2: Cedrus deodara (Deodar cedar), DBH: 70cm, TPZ: 8.4m, DAB: 83cm, SRZ: 3.1m, 16m high with a canopy spread of 10m. This tree is in good health with a wooden play structure built around the lower trunk. Tree 3: Lophostemon confertus variegatus, (Queensland brush box), DBH: 60cm, TPZ: 7.2m, DAB: 62cm, SRZ: 2.7m, 13m high and a canopy spread of 8m. This tree is in good condition and displays vigorous growth. The proposed building foot print encroaches into about 10% of the Tree Protection Zone (TPZ) of the Cedrus, and less than 5% of the TPZ of the Lophostemon. These trees are likely to remain viable, however tree protection measures will be required during demolition and any nearby construction works. The final design should also be reviewed by an arborist to ensure that these trees will not be impacted. Based on the size and condition of these two trees, local law permits would not be issued for their removal. There are other trees in this location, particularly a Grevillea robusta, silky oak which appears to be about 5m away from the Building 3 envelope. This appears to be a sufficient distance from the envelope, however an arborist should review the building design to ensure the tree will not be impacted.

This referral has not checked or commented on every tree that potentially may require removal. The applicant must ensure that local law permits have been approved for all canopy trees prior to any removal occurring.

RECOMMENDATIONS: Tree 1, the Liquidambar will be given a local law permit for tis removal. Tree 2 and 3 will not be issued a permit for their removal, and therefore an arborist must be involved during the building design process.



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Tree 2 and Tree 1 Lower trunk of Tree 1

Cables in Tree 1 Cable attachment points in Tree 1



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Tree 2 Tree 3

Officer Comment

The Arborist advice is noted.

GOVERNANCE ISSUES

The implications of this report have been assessed in accordance with the requirements of the Victorian Charter of Human Rights and Responsibilities, including Council's Victorian Charter of Human Rights and Responsibilities Compatibility Assessment Matrix (Version 1, August 2011). It is considered that the purpose of the officer's report does not negatively impact on the values identified in the Charter.

The officers responsible for this report have no direct or indirect interests requiring disclosure.

CONSIDERATIONS

In assessing this Development Plan, consideration has been given to the following:- The objectives of planning in Victoria as detailed in Section 4 of the Planning &

Environment Act 1987;



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Section 60 of the Planning & Environment Act 1987; Objections received; and The relevant provisions and decision guidelines of the Boroondara Planning

Scheme including the decision guidelines of Clause 65.

BOROONDARA PLANNING SCHEME

ZONING & OVERLAYS

Appendix C - Zoning Map

The site subject site is located within the Neighbourhood Residential Zone 1 (NRZ1), the General Residential Zone (GRZ1) as well as the Development Plan Overlay - Schedule 2 and the Heritage Overlay - Schedule 169.

General Residential Zone (Schedule 1)

Pursuant to Clause 32.08-1 of the Boroondara Planning Scheme (the Scheme), an Education Centre is a Section 2 use - permit required.

Pursuant to Clause 32.08-6, a permit is required to construct a building or construct or carry out works for a section 2 use.

The objectives of the Residential 1 Zone are as follows: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage development that respects the neighbourhood character of the area.To implement neighbourhood character policy and adopted neighbourhood character guidelines. To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport. To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

Neighbourhood Residential Zone (Schedule 3)

Pursuant to Clause 32.09-1 of the Boroondara Planning Scheme (the Scheme), an Education Centre is a Section 2 use - permit required.

Pursuant to Clause 32.09-6, a permit is required to construct a building or construct or carry out works for a section 2 use.



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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.

Officer Discussion

It is considered the proposed Development Plan is in accordance with the objectives of the General Residential Zone and Neighbourhood Residential Zone as it provides for local demand for an educational use. The school enjoys existing use rights as this use has operated from the site for many years.

The height controls (9.0m) referenced under these controls apply to residential buildings and do not apply to the construction of instructional buildings.

Heritage Overlay (HO169)

Pursuant to Clause 43.01-1 of the Boroondara Planning Scheme, a permit is required to construct a building or construct or carry out works including demolition.

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To conserve and enhance heritage places of natural or cultural significance. To conserve and enhance those elements which contribute to the significance of heritage places. To ensure that development does not adversely affect the significance of heritage places. To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

Officer Discussion



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Part of the subject land which encompasses the Tourmont Building is subject to the Heritage Overlay. It is considered that the proposed Development Plan is in accordance with the decision guidelines of the Heritage Overlay insofar as the principal location of the future building envelopes would be…. “in keeping with the character and appearance of adjacent buildings and the heritage place”. This is discussed is greater detail later in this report.

Development Plan Overlay - Schedule 2 (DPO2)

Pursuant to Clause 43.04-1 of the Boroondara Planning Scheme, a permit must not be granted to use or subdivide land, construct a building or construct or carry out works until a development plan has been prepared to the satisfaction of the responsible authority.

The development plan may consist of plans or other documents and may, with the agreement of the responsible authority, be prepared and implemented in stages. The development plan must describe:

The land to which the plan applies. The proposed use and development of each part of the land. Any other requirements specified for the plan in a schedule to this overlay.

The development plan may be amended to the satisfaction of the responsible authority.

The specific purposes of the Development Plan Overlay are: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use or develop the land. To exempt an application from notice and review if it is generally in accordance with a development plan.

Officer Discussion

It is considered the proposed development plan is in accordance with the provisions of the Development Plan Overlay (Schedule 2 - Institutional Uses) as it seeks to replace the current Development Plan for the site dating back to 2003.

PARTICULAR PROVISIONS

Clause 52.06 - Car Parking



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The proposal does not seek permission for an intensification of the use in terms of staff or students numbers. Furthermore, the development will have a positive impact on the school's current on-site car parking provision, with a net increase of 5 car parking spaces provided across the Fintona campuses.

OFFICER ASSESSMENT

STATE PLANNING POLICY FRAMEWORK

The following State policies are relevant to the assessment of the current Development Plan:-

Clause 11 - Settlement Clause 15 - Built Environment and Heritage Clause 19 - Infrastructure

Clause 11 - Settlement

It is policy that:

Planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure.

Relevant objectives include: To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses.To facilitate the orderly development of urban areas.

The Development Plan process provides an appropriate mechanism for orderly planning.

Clause 15 - Built Environment and Heritage

It is policy that:

Planning should ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value. Creating quality built environments supports the social, cultural, economic and environmental wellbeing of our communities, cities and towns. Land use and development planning must support the development and maintenance of communities with adequate and safe physical and social environments for their residents, through the appropriate location of uses and development and quality of urban design.

Relevant issues will be discussed later in this report.



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Clause 19 - Infrastructure

It is policy that:

Planning for development of social and physical infrastructure should enable it to be provided in a way that is efficient, equitable, accessible and timely. Planning is to recognise social needs by providing land for a range of accessible community resources, such as education, cultural, health and community support (mental health, aged care, disability, youth and family services) facilities.

The objective for Education Facilities at Clause 19.02-2 is to assist the integration of education facilities with local and regional communities.

A strategy for this objective is that in planning for the location of education facilities, consideration should be given to demographic trends, the existing and future demand requirements and the integration of facilities into communities.

Officer Comment: The Development Plan is considered to be consistent with the relevant State Planning Policies by further improving the facilities for this well established institutional place with limited impacts on the surrounding residential areas. Further discussion will be provided later in following sections of this report.

LOCAL PLANNING POLICY FRAMEWORK

The following Local policies are relevant to the assessment of the current application:-

Clause 22.04 - Discretionary Uses in Residential Areas Policy Clause 22.05 - Heritage Policy Clause 22.06 - Institutional Uses Policy

Clause 22.04 - Discretional Uses in Residential Areas Policy

The objective of the Discretionary Uses in Residential Areas Policy is to encourage design solutions which enhance and respond positively and creatively to the existing neighbourhood character of residential areas in the City.

Education Centres are included in Institutional Uses which are defined as large public or private institutions, large sites and buildings, attracting or housing large numbers of people daily and generally serving a regional or metropolitan catchment.

The following policy is relevant to this application for institutional uses:

A master plan be prepared in full consultation with Council and the community.



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Accessibility to the use be maximised. Safety of access to the use be ensured. Disruption to nearby residents by traffic movement and congestion be minimised. Building mass and form be appropriate to nearby buildings. Buildings are sited to minimise the effect of the activity generated by the site upon adjoining residential properties. Nearby residential properties not be subjected to unreasonable levels of noise. Sites be landscaped to minimise the effect of the development upon adjoining and nearby residential properties. The visual appearance of the site be enhanced through landscaping. Landscaping areas be provided along the frontage and sideage/s, and along boundaries abutting residential properties No light spillage on to residential properties is to occur.

In addition to this policy, the following Performance Standards are suggested for Institutional Uses:

Development in accordance with approved Master Plan. Preferably located close to public transport. Preferably located with direct access to a Road Zone or collector road, depending upon the traffic generation of the facility. Main access point to be from a Road Zone or collector road where high traffic generation likely. Set down and pick up areas provided on site. Entry and exit points located to avoid car headlight glare spillage onto residential properties.New buildings, refuse and car parking areas located at least 3m from residential property boundaries. All external lighting baffled. Where relevant, noise attenuation barriers constructed along boundaries abutting residential properties.

Officer Comment

The context of the subject site is unmistakably intuitional and therefore it is, and will continue to be, characteristically different from the surrounding residential properties.

In terms of the decision making process, it is not considered appropriate to compare the built form outcome of the existing and new facilities directly with those of the established residential setting, as they are invariably and purposefully ‘different’ in respect to their use and function.

What is required when assessing the future development outcome of this intuitional facility is a measured and cognisant comparison to the surrounding setting,



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particularly in terms of amenity considerations, but not necessarily something that aims to simply mimic design attributes such as setback, height, scale and form of the surrounding residential buildings.

Building 1 is situated in the south-east corner of the school site and is proposed to be a single storey structure with a maximum height of 6.8m with a basement level for the purposes of accommodating the School’s science facilities, classrooms and teaching spaces for the mathematics faculty.

The new building is proposed to be set back 3.0m from the Millah Road and as per the indicative plans provided 15 December 2016 (see Appendix D) and setbackbetween 4.0m and 7.0m from the Balwyn Road boundary. The maximum footplate of the structure would measure 39m wide by 25.3m deep.

Whilst undoubtedly this is a ‘prominent’ location within the context of the broader site due to the corner location and the dual road frontages to Balwyn Road and Millah Road, the prevailing sitting of buildings within the broader Fintona facility follow a similar pattern. That is to say that the Fintona site is generally made up of periphery structures surrounding the central heritage building of Tourmont, which has a large landscaped setback to Balwyn Road.

Council’s Urban Designer has noted the setbacks along Balwyn Road should respond to the existing setbacks on either side of the road. These setbacks should start at 4 metres at the Balwyn/Millah Road corner, stepping back midway through the Balwyn Road façade to achieve a 7m setback such that it would align with the brick section of the Margaret Ross Sports Centre Building to the north.

Whilst the initial 4.0m setback of the building is less than the 7.0m setback of the Margaret Ross building to the north, it is comparable to the setback of a number of institutional buildings along the eastern side of Balwyn Road, namely Balwyn Primary which is setback 2.5m from the Balwyn Road frontage.

The 4-7m setback along Balwyn Road would provide ample opportunities for meaningful landscaping and add additional articulation in the future form of the elevation. This requirement will be included as an amendment requirement of the Development Plan.

In terms of the alignment of the building to Millah Road, it has been positioned to correspond to the alignment of the Butt Building which is situated on the south-western corner of the site at the Millah and Cherry Road intersection. There is a clear symmetry between these corresponding footprints which is punctuated by the Art Precinct building which is situated in between these two structures and has a reduced setback of 1.2m to Millah Road.



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Building 2 is located in the north-west corner of the site fronting Cherry Road. The envelope is a three storey scale (13m high) and is proposed to accommodate a new School Hall, a multi-purpose forum space and an undercroft carpark with access off Cherry Road.

The building is proposed to be setback 6.5 metres from the road frontage as well as the northern residential abuttal to No. 11 Cherry Street. The setback to Cherry Road aligns it with the western face of the Elizabeth Butt Building to the south thereby tying with the existing built form symmetry of the site along the Cherry Road frontage.

The northern setback, arguably the most sensitive interface on the subject site, is to the residential property of No. 11 Cherry Road which contains a detached two-storey dwelling. Generally speaking, the potential amenity impacts associated with the northern interface are limited to visual bulk considerations given that the location of this future structure is positioned to the south of this neighbouring residence. On this note, the residents of No. 11 were active participants in the development plan process and were in attendance at the consultation meeting held at the Council Offices on 2 March 2016. It was resolved at the meeting with those parties that the interface and setbacks were generally considered appropriate from a visual amenity perspective subject to the requirement that a detailed planting regime be incorporated along the northern interface, such that would act as a visual barrier between the future development of Building 2 and No. 11. This resolution was considered appropriate and will be included as an effective ‘condition’ of any approved Development Plan.

Building 3 is located in the central section of the campus and replaces the existing Margaret Cunningham Hall which sits adjacent to the Tourmont building. Building 3 will deliver a new central Library for the campus.

The envelope within which Building 3 would be contained proposes a height of 14.0m, a width of 30.5m and a depth of 27.5m, which, given its central location within the site, is considered to be generally appropriate.

The principal consideration for this future structure centres around its proximity to the Tourmont building and the future relationship between these two structures in a heritage context. The existing linkage between Margaret Hall and Tourmont would be removed thereby reinstating the freestanding context of Tourmont. The new library replaces an existing hall in the same location albeit with a footprint that is smaller than the existing hall.

According to Council’s Heritage Advisor the…. “proposed development envelope of the proposed building was considered acceptable and would not impede on the ability for built form, especially the tower, of ‘Tourmont’ to remain the major focal point of the Fintona campus when viewed from Balwyn Road”.



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Previous referral discussions noted that the current Hall building is lower than the existing tower and principal ridge of Tourmont, allowing the Tourmont building to retain its prominence on the site. The proposed library is slightly higher than existing ridge line up to a maximum height envelope of 14m. A further review of the proposed Building 3 envelope by Council’s Heritage Advisor in consultation with the project architects resolved that the 20.8m setback of the proposed building envelope from the principal front alignment of the Tourmont building was such that the proposed height would not detract nor adversely influence the visual setting of Tourmont within a heritage context and that it [Tourmont] would continue to sit as the prominent structure on the site. Moreover, Council’s Heritage Advisor reiterates that…. “the applicant emphasised the ability for the existing front setbacks to both ‘Tourmont’ and neighbouring ‘Glencairn’ to be significantly landscaped in light of the built envelope being pursued” and it is noted that this landscaping requirement would form part of the future planning permit application process.

Accordingly, it is considered that the proposed building envelopes would be respectful and in-keeping with the character and scale of the existing buildings within the Fintona site as well as the nearby residential interfaces along Millah Road, Cherry Road and Balwyn Road.

It is not anticipated that the activities associated with the proposed facilities will cause unreasonable levels of noise on the nearby residential properties and there are no new external activities proposed that may generate additional noise on the surrounding area.

The immediate area surrounding the proposed buildings will to be treated with new hard and soft landscaping to enhance the overall appearance of the grounds. Details such as external lighting have not been provided for the new buildings. It is noted that all new buildings within the proposed envelopes will themselves be subject to future planning applications. This future assessment will consider the appropriateness of the proposed forms and assess the refined details of the proposal.

There is no reduction to the number of on-site car parking spaces as part of this Development Plan. In fact, an additional five spaces are provided.

It is considered that the Development Plan is consistent with the relevant performance standards.

Clause 22.05 - Heritage Policy

The objective of the Heritage Policy is as follows:

To encourage the retention and conservation of all ‘significant’ or ‘contributory’ heritage places in the Heritage Overlay.



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To consider the cultural heritage significance described in the statement of significance for any heritage place as part of the design process of any proposal and when making decisions about proposed buildings and works associated with that place. To ensure that works, including conservation, alterations, additions and new development, respect the cultural heritage significance of the heritage place. To ensure that subdivision respects the cultural heritage significance of the heritage place. To ensure that, when determining or when considering issues of bulk, form and appearance of additions or new development, the evaluation is based on the characteristics of the significant or contributory components of the fabric of the heritage place, rather than any non-contributory elements that may exist in the area. To promote urban and architectural design which clearly and positively supports the ongoing significance of heritage places. To retain original fabric that contributes to the cultural heritage significance of the heritage place. To ensure that development within activity centres respects, protects and enhances the cultural heritage significance of identified heritage places.

At this stage the Development Plan document provides for indicative envelopes for three future buildings and therefore the relevance of this policy is limited within the context of the current assessment. As noted, any future applications made to Council for the buildings will assess design within a heritage context where applicable.

It is noted that the Tourmont structure remains unaffected by the new Development Plan proposal. The removal of the D shaped driveway, which only partly resides within the Heritage Overlay, is supported by Council’s Heritage Advisor. It is noted that the present driveway configuration of ‘Glencairn’ was original and that the corner access off the junction of Millah and Balwyn Roads should be maintained as a pedestrian rather than vehicle access as part of a future proposal. The purpose of this requirement was to ensure that this original feature of the Glencairn configuration as noted in the MMBW historical data was retained in situ. The modern day use of this access in conjunction with the D shaped driveway for domestic vehicles was not deemed historically important and therefore the removal of the D shaped driveway, as noted, continues to be supported. This will be included as an amendment requirement to the Development Plan document.

Further to discussions previously made in this report, it is noted that views of Tourmont from the street level (i.e. vehicles and pedestrians) are confined to a small vantage through the gates and along the existing D shaped driveway as one travels north along Balwyn Road. This is due to a hedge which occupies the boundary



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around the south-east corner of the site and is demonstrated in the images in the images below.

View looking north from Balwyn Road - Streetview

Line of site approximation - Streetview

Clause 22.06 - Institutional Uses Policy

The objectives of the Institutional Uses Policy are as follows:

Tourmont

Principalviews of Tourmont unchanged

Approx. footplate Building 1

Existing limited views of Tourmont from south-east



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To recognise the positive and significant contribution made by the institutional uses located within Boroondara. To accommodate wherever possible, the future development needs of Boroondara’s institutions while limiting the impact that such uses may have on surrounding residential areas. To limit the demolition of dwellings for institutional uses and the loss of residential land use. To develop and maintain a relationship between Council, the community and the institution, which is wholly co-operative on those matters which have an effect on the interface between the institutional use and the surrounding residential area. To actively encourage the development of Institutional Master plans for all institutions within Boroondara.

It is policy that:

A master plan be prepared before further development of an institutional use can occur. All master plans be developed in full consultation with Council and the community in accordance with the attached consultation process: An initial “pre-plan” and issues development meeting with surrounding residents and Council. A consultation meeting to consider a draft master plan with residents and Council. Once lodged with Council, the exhibition of the master plan for a period of two weeks. This will involve notifying all affected neighbours by mail, as well as placing a sign or signs, on the site. The master plan show the following matters: o Existing conditions. o The size and dimensions of the land. o Contours and levels, including levels of adjoining sites. o Existing buildings on the land. o Setbacks from all boundaries and buildings to be removed or retained. o Existing mature trees. o Number of years intended to be covered by the master plan. o Future building envelopes and three dimensional massing, including the scale

of the development, design elements and treatment of the residential interface.

o Projection of floor area needs, specialist building needs and student numbers if applicable.

o Any proposed use and development outside the existing Development Plan Overlay area.

o Proposed circulation and access systems for both vehicles and pedestrians. o Parking provision and areas. o Staging. o Landscape buffers.



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Officer Comment

The applicant held the required pre-application meetings with Council and the surrounding residents. Public exhibition was held thereafter.

The proposed Development Plan shows the relevant detail as required by this policy. The plan clearly details the extent of the proposed Development Plan including the proposed demolition and the proposed building footprints and envelopes.

OBJECTIONS

A total of five (5) objections were received as follows:

Concerns with ‘shading’ of the ground floor bedroom and the ‘liveability’ generally at No. 11 Cherry Road.

It was agreed at the Consultation Meeting held on 2 March 2016 that the landscape plan forming part of the Development Plan would include an addendum showing extensive planting along this interface designed to optimise the screening of this structure and protect the amenity of the adjoining residence.

The setback of the hall has been designed to comply with the building envelope prescribed by ResCode, and it is considered that adequate amenity is preserved and the southern aspect of the dwelling will have sufficient light and will not be overwhelmed by visual bulk of the new building subject to future planting along this interface.

Potential noise from Building 2. It was agreed that any future application would have expert acoustic input into the design process to ensure the acoustics accord with best practice. These matters will be dealt with as part of the future planning application to be made for Building 2.

Permit conditions should be imposed to limit the hours of performances to minimise night-time disturbance.

It was agreed at the Consultation Meeting that performances would continue per the current levels at the School and generally conclude by 9.30/10pm, with only the school social



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potentially concluding later at 10.30. It was further agreed that the use of the hall will be limited to the School and the facility will not be leased to outside groups. These matters will be dealt with as part of the future planning application to be made for Building 2.

Traffic management given car park and street are ‘gridlocked’ at peak times.

There is no change to the intensity of the use of the site (i.e. student and staff numbers will remain unchanged) and the provision of on-site carparking will increase slightly as a result of the intended changes to the facility.

The gum tree at north-west corner should be retained and protected.

This tree is intended to be retained. It is shown on the Landscape plan which forms part of the Development Plan document. Any future planning application will assess and include permit conditions (if required) to ensure this tree is suitably protected.

Concerns raised regarding the process of the development of the Development Plan and that residents were not more involved with the development of the Development Plan document.

The development of the Development Plan and the community consultation undertaken by the School, including an information night and a flyer letterboxed to local residents in Millah Road, Cherry Road, and Balwyn Road (extending to Mont Albert Road) prior to the submission of the Development Plan to the Council accords with Council’s policy for Institutional Uses.

Concerns that the view to Tourmont would be blocked on approach from Balwyn Road for north travelling vehicles and pedestrians

The setting of Tourmont has been duly considered when rationalising the location of the proposed building envelopes, namely Buildings 1 & 3. It is worth noting that, at present, views of Tourmont from the street level are limited to a small corridor vantage through the gate and down the carousel D driveway from Balwyn Road when travelling north. This is due to a hedge which occupies the boundary around the south-east corner of the site and has been demonstrated on pages 27 & 28 of this report.



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Building 1, in the context of the Balwyn Road frontage, would combine to form a new ‘bookend’ envelope to complement the siting of the Margaret Ross building to the north of the site. The central landscaped setting which currently frames the Tourmont building would be retained.

Furthermore, Council’s Heritage Advisor has reviewed the application and has raised no concerns with the vantages to Tourmont. It is considered that the heritage context of the site will be suitably protected.

Inadequate on-site parking for staff The eventual completion of the Development Plan will result in an additional five car parking spaces being created on site. The Development Plan, as proposed, will not result in any additional staff on site and the current ceiling on the student numbers is not sought to be varied. In this context there is no change or intensification to the land use.

A drop off/collection area should be provided on site for the students

The school has indicated there are no adequate opportunities within the subject site to accommodate a drop-off and pick-up collection area that could readily cope with the volume of traffic at pick up and arrival times.

The Discretionary Uses Policy references [inter-alia] set down and pick up areas provided on site as being one way the proposal may satisfy the relevant objectives of this policy. However, there is no mandatory requirement to provide any such facility.

The existing ‘D’ drive facility was formally used as a collection and drop off area for students, however, its operation was



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ceased due to the unsafe operating conditions. This was a point readily agreed upon by the resident objectors at the Consultation Meeting and its removal was welcomed.

Council’s Traffic Engineers have commented that…. “the removal of the ’D’ shaped driveway to Balwyn Road results in the primary pick-up/drop-off area associated with Fintona to be located in Millah Road and Cherry Road. Existing parking restrictions regulating parking and the recent introduction of turn bans to facilitate a uniform circulation in Cherry Road and Millah Road assist to regulate operation of these parking facilities”.

The setback to Millah Road should be increased to open up view lines to Tourmont

Views of Tourmont and its setting will not be significantly affected by the proposed Development Plan as formally discussed. The setting of Tourmont will be retained and protected in accordance with the Council’s Heritage Policy.

The current cap on student numbers should be retained

There is no intention to increase student numbers beyond the current ceiling. An existing 173 Agreement ensures that student and staff numbers cannot be varied without the approval of the Council.

The site setback to the nearest residential property in Millah Road /Balwyn Road should be applied

As Council’s Urban Designer has commented that the setbacks along Balwyn Road should respond to the existing setbacks on either side of the road and that these setbacks should…. “start at 4 metres at the Balwyn/Millah Roads corner, stepping back midway through the Balwyn Road façade to achieve a 7m setback. This setback will align it with the brick section of the Margaret Ross Sports Centre Building to the north”.Having regard to the recently submitted indicative envelope for Building 1, the



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setbacks proposed are considered to be appropriate.

The heights of buildings are too great and exceed the mandatory heights which apply to housing

The mandatory height controls under the zoning ordinance apply to residential buildings and not institutional structures. Fintona is an institutional facility which is not subject to mandatory height controls. Broadly speaking, it can be anticipated that an instructional facility such as this will be comprised of a larger, more robust built form character and will be situated on much larger sites than those usually associated with residential development. It is considered that the scale of the building envelopes are entirely appropriate having regard to the institutional land use and the size of the site, which tempers the potential impact.

Building 2 is cumbersome and overwhelming in comparison to residences being replaced; scale and street presence is unsympathetic to existing character of the area

For reasons set out above, the massing and presentation of Building 2 is considered to be appropriate.

The setbacks of the building to the residential interface to the immediate north have been designed to accord with the building envelope requirements of ResCode (Standard A10) which is considered to be an appropriate guideline to ascertain the appropriateness of built form to this abuttal.

In relation to Cherry Road (see page 30), the building would assume an appropriate height and mass when compared to the Margaret Ross building to the east due in part to the location of the footplate being at the lowest point of the subject site. Accordingly, the maximum building height RL is comparable to the existing maximum height RL of the Butt building.

Moreover, Cherry Road, in the broader



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context, is dominated by a church at one end, the school at the other as well as the reserve to the west. In this context is not typically domestic in scale and/or context. Accordingly, the proposed building is considered to be acceptable.

The Development Plan does not encompass No 9 Cherry Road which will surely be developed within the 15 year timeframe

Fintona acquired No 9 Cherry Road as a strategic opportunity to future proof the School. This new Development Plan does not contemplate development for this site and the School has indicated that it will continue to lease the property as a residence for the period of the current Development Plan. Any variation to this outcome would be subject to a process similar to the current Development Plan approval process.



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