City of Kingston · Planning Committee Meeting Agenda 19 September 2012 12/96961 Notice is given that a Planning Committee Meeting of Kingston City Council will be held at 7.00pm

Planning Committee Meeting

Notice is given that a Planning Committee Meeting of the Kingston City Council has been scheduled for 7.00pm at 1230 Nepean Highway Cheltenham on Wednesday 19 September 2012.

Business will be as follows:

1. Apologies

2. Confirmation of Minutes of Previous Meeting

3. Foreshadowed Declaration by Councillors, Officers or Contractors of any Conflict of Interest

4. Environmental Sustainability Reports

5. Notices of Motion

Planning Committee Meeting Agenda 19 September 2012

12/96961

Notice is given that a Planning Committee Meeting of Kingston City Council will be held at 7.00pm at the Cheltenham Office, 1230 Nepean Highway, Cheltenham, on Wednesday 19 September 2012. 1. Apologies 2. Confirmation of Minutes of the Previous Meeting Minutes of Planning Committee of 22 August 2012. 3. Foreshadowed Declaration by Councillors, Officers or Contractors of any Conflict of

Interest (Note that any Conflicts of Interest need to be formally declared at the start of the meeting and immediately prior to the item being considered – type and nature of interest is required to be disclosed – if disclosed in writing the CEO prior to the meeting only the type of interest needs to be disclosed prior to the item being considered.)

4. Environmental Sustainability Reports

PC 52 Town Planning Application Decisions – August 2012.............................................2 PC 53 KP413/11 – 60 Naples Road, Mentone ................................................................14 PC 54 KP709/11 – 419 Centre Dandenong Road, Heatherton .......................................50 PC 55 KP90/12 – 8 Wren Road, Moorabbin....................................................................79 PC 56 KP17/12 – 9 Lower Dandenong Road, Mentone ................................................101 PC 57 Public Open Space Contributions – Statutory Provisions...................................134 PC 58 City of Kingston Response to the Proposed Reformed Zones for Victoria .........139 PC 59 Proposed Amendment C126 Clayton South.......................................................220

5. Notices of Motion PC 60 Notice of Motion No. 27/2012 – Cr Peulich.........................................................231

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Town Planning Application Decisions – August, 2012 Approved By: Rachel Hornsby -General Manager, Environmental Sustainability Author: Ian Nice – Manager, Planning Attached for information is the report of Town Planning Decisions for the month of August, 2012. A summary of the decisions is as follows:

Type of Decision Number of Decisions Made

Percentage (%)

Planning Permits 68 61 Notice of Decision 17 15 Refusal to Grant a Permit 3 3 Other - Withdrawn (7) - Prohibited (1) - Permit not required(6) - Lapsed (9) - Failure to Determine (1)

24 21

Total 112 100 (NB: Percentage figures have been rounded) Recommendation That the report be noted.

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Planning Decisions August, 2012

APPL. No. PROPERTY ADDRESS

SUBURB APPL. DATE

DATE DECIDED

PROPOSAL DESCRIPTION DECISION VCAT DECISION

KP-415/2012 11 Holmby Road CHELTENHAM 5/07/2012 1/08/2012 Subdivide Into Two (2) Lots Permit Issued No

KP-411/2012 258 Charman Road CHELTENHAM 3/07/2012 1/08/2012

Use The Land As A Restricted Recreation Facility Permit Issued No

KP-955/2011 107 Devon Street CHELTENHAM 14/12/2011 1/08/2012

Develop The Land For The Construction Of Two (2) Dwellings. Permit Issued No

KP-444/2012 48 Beach Road MENTONE 18/07/2012 2/08/2012

Develop The Land For The Construction Of One (1) Dwelling In A Design And Development Overlay Permit Issued No

KP-864/2011 7 8 Station Street MOORABBIN 7/11/2011 2/08/2012

Develop The Land For The Construction Of Two (2) Additional Storeys Above An Existing Single Storey Shop To Contain Two (2) Dwellings And A Waiver Of Car Parking Requirements Permit Issued No

KP-542/2011

Factory 5 30 Cochranes Road MOORABBIN 29/07/2011 2/08/2012

Use Of The Land For Motor Vehicle Sales, A Waiver Of The Maximum Office Area, Washbay, Customer Parking And Vehicle Number Requirements Of Clause 52.14 And A Waiver Of The Bicycle Facility Requirements Of Clause 52.34-3 Of The Kingston Planning Scheme Permit Issued No

KP-382/2012

1239-1241 Nepean Highway CHELTENHAM 20/06/2012 2/08/2012

Use The Land For The Sale And Consumption Of Liquor Permit Issued No

KP-284/2012

Factory 1 20-28 Levanswell Road MOORABBIN 11/05/2012 2/08/2012

To Paint A Building Within A Heritage Overlay Lapsed No

KP-412/2012 4 Rowson Grove CLARINDA 3/07/2012 2/08/2012 Subdivide The Land Into Three (3) Lots Permit Issued No

KP-289/1997/A Lot 1 Fraser Road

CLAYTON SOUTH 24/11/2009 3/08/2012 Private Rubbish Tip

Permit Not Required No

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SUBURB APPL. DATE

DATE DECIDED


KP-855/2011

1 197B Nepean Highway ASPENDALE 2/11/2011 3/08/2012

Develop The Land For The Construction Of Two (2) Dwellings

Failure To Determine No

KP-283/2012 23 Riversdale Avenue CARRUM 10/05/2012 6/08/2012

Develop The Land For A Dwelling Extension In A Special Building Overlay Permit Issued No

KP-390/2012 3 Jennifer Avenue PARKDALE 22/06/2012 6/08/2012

Develop The Land For The Construction Of One (1) Dwelling In A Special Building Overlay Permit Issued No

KP-910/2011

172-174 Warrigal Road MENTONE 25/11/2011 6/08/2012

Develop The Land For The Construction Of Seven (7) Dwellings Notice Of Decision No

KP-761/2011 273-279 Wells Road

CHELSEA HEIGHTS 4/10/2011 6/08/2012 Use The Land As A Panel Shop Lapsed No

KP-128/2012 48 Walkers Road CARRUM 1/03/2012 6/08/2012

Develop The Land For The Construction Of Three (3) Dwellings Lapsed No

KP-392/2012 34 Pacific Drive

ASPENDALE GARDENS 21/06/2012 7/08/2012

Develop The Land For The Construction Of a Satellite Dish


KP-198/2012 7 Zephyr Place BONBEACH 28/03/2012 7/08/2012 Subdivide The Land Into Five (5) Lots Permit Issued No

KP-559/2011

1190-1212 Nepean Highway CHELTENHAM 2/08/2011 8/08/2012

Develop The Land For The Construction Of An Extension To An Existing Building For The Purposes Of A Vehicle Display Showroom And Advertising Signs Permit Issued No

KP-319/2012

1 9-11 Audsley Street

CLAYTON SOUTH 24/05/2012 8/08/2012 Subdivide The Land Into Two (2) Lots Permit Issued No

KP-781/2011 8 Picola Court

DINGLEY VILLAGE 11/10/2011 9/08/2012

Develop The Land For The Construction Of Two (2) Dwellings Permit Issued No

KP-665/2011 5 Worsley Avenue

CLAYTON SOUTH 5/09/2011 9/08/2012

Develop The Land For The Construction Of Three (3) Dwellings Permit Issued No

KP-892/2006 56-58 The Corso PARKDALE 24/11/2006 9/08/2012 Alterations And Additions Permit Issued YES

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SUBURB APPL. DATE

DATE DECIDED


KP-916/2011

6-8 Brownfield Street CHELTENHAM 29/11/2011 9/08/2012

Develop The Land For The Construction Of Two (2) Dwellings To The Side Of The Existing Dwelling Permit Issued No

KP-871/2011 27 Latrobe Street CHELTENHAM 15/11/2011 9/08/2012


KP-40/2012 1161 Nepean Highway HIGHETT 1/02/2012 9/08/2012

Develop The Land For The Construction Of Eighteen Dwellings And To Create Access To Land Adjacent To A Road Zone Category 1 Permit Issued No

KP-961/2011 6 Alison Street MOORABBIN 19/12/2011 9/08/2012


KP-104/2012

208 Balcombe Road MENTONE 24/02/2012 10/08/2012

Develop The Land For The Construction Of Four (4) Dwellings And To Create / Alter Access To A Road Zone Category 1 Permit Issued No

KP-719/2011 28 Douglas Avenue CHELSEA 20/09/2011 10/08/2012

Develop The Land For The Construction Of Two (2) Dwellings With Internal Floor To Ceiling Heights Exceeding 3.5 Metres. Permit Issued No

KP-843/2010 1210 Centre Road CLARINDA 29/11/2010 10/08/2012

Buildings & Works - Change Of Use (Restaurant) & Waive Of Carparking Requirements Withdrawn No

KP-731/2010/A

6 116 Nepean Highway ASPENDALE 9/05/2012 10/08/2012 Subdivide The Land Into Three (3) Lots Withdrawn No

KP-337/2008/A 38 McDonald Street MORDIALLOC 23/01/2012 10/08/2012

Use The Land For The Sale And Consumption Of Liquor And To Construct Buildings And Works Associated With The Existing Mordialloc Bowls Club For A 125,000 Litre Water Tank (8.5m Dia. X 2.2m Height) On This Site On The Land Designated Within A Special Building Overlay Notice Of Decision No

KP-428/2012 59 Evan Street PARKDALE 10/07/2012 13/08/2012

Develop The Land For The Construction Of A Fence On Land Within A Special Building Overlay Permit Issued No

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SUBURB APPL. DATE

DATE DECIDED


KP-129/2012 10 Bourke Street MENTONE 5/03/2012 13/08/2012

Develop The Land For The Construction Of One (1) Dwelling To The Rear Of An Existing Dwelling Permit Issued No

KP-137/2012 24 Jean Street CHELTENHAM 7/03/2012 13/08/2012

Develop The Land For The Construction Of Three (3) Dwellings Notice Of Decision No

KP-592/2011 48 Emma Street CARRUM 12/08/2011 13/08/2012

Develop The Land For The Construction Of One (1) Dwelling To The Rear Of An Existing Dwelling Notice Of Decision No

KP-448/2010 1035 Nepean Highway MOORABBIN 7/07/2010 13/08/2012 Twenty Eight (28) Dwellings Permit Issued YES

KP-691/2009/B 316 Highett Road HIGHETT 18/06/2012 13/08/2012

Amend Planning Permit - Delete Condition 4 Permit Issued No

KP-53/2012/A 316 Highett Road HIGHETT 10/07/2012 13/08/2012

Use The Land For Sale And Consumption Of Liquor Permit Issued No

KP-157/2012 22 Jean Street CHELTENHAM 15/03/2012 13/08/2012

Develop The Land For The Construction Of Four (4) Dwellings Notice Of Decision No

KP-164/2012

124-130 Cochranes Road MOORABBIN 20/03/2012 13/08/2012

Develop The Land For The Construction Of A Ground Mounted Solar Test Structure Extension To An Existing Warehouse/Factory Permit Issued No

KP-927/2011 20 Manoon Road

CLAYTON SOUTH 2/12/2011 14/08/2012

Develop The Land For The Construction Of Four (4) Dwellings Permit Issued No

KP-177/2012 505A Station Street CARRUM 21/03/2012 14/08/2012

Use The Land For A Medical Centre With A Reduction Of The Car Parking Requirements Notice Of Decision No

KP-865/2011

12-14 Canterbury Road BRAESIDE 8/11/2011 14/08/2012

Develop The Land For The Construction Of One (1) Warehouse And Three (3) Industrial Units And A Reduction In Car Parking Requirements Permit Issued No

KP-440/2012 78 Elsie Grove CHELSEA 17/07/2012 14/08/2012 Subdivide The Land Into Two (2) Lots Permit Issued No

KP-190/2012 25 Station Road CHELTENHAM 26/03/2012 14/08/2012 Use The Land For The Sale Of Liquor Permit Issued No

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SUBURB APPL. DATE

DATE DECIDED


KP-12/2012

21A Boundary Road MORDIALLOC 16/01/2012 14/08/2012

Use The Land For Motor Vehicle Sales (Retrospective) Permit Issued No

KP-327/2012 36 Milton Avenue

CLAYTON SOUTH 29/05/2012 14/08/2012 Subdivide The Land Into Four (4) Lots Permit Issued No

KP-101/2012 15 Barringun Crescent

CLAYTON SOUTH 21/02/2012 14/08/2012

Develop The Land For The Construction Of Two (2) Dwellings Notice Of Decision No

KP-351/2012

60-66 Old Dandenong Road HEATHERTON 8/06/2012 14/08/2012

Develop The Land For The Construction Of Buildings And Works Permit Issued No

KP-222/2012

Lot 3 Lower Dandenong Road BRAESIDE 11/04/2012 14/08/2012

Develop The Land For The Construction Of Buildings And Works To Existing Maintenance Facility Permit Issued No

KP-363/2007/A 6H Laura Street ASPENDALE 17/04/2012 15/08/2012 2 Dwellings Withdrawn No

KP-72/2012 143 Palm Beach Drive

PATTERSON LAKES 15/02/2012 15/08/2012

Develop The Land For The Construction Of A Jetty Permit Issued No

KP-828/2010/A 143 Nepean Highway MENTONE 8/05/2012 15/08/2012


KP-168/2012 220A Como Parade West PARKDALE 15/03/2012 15/08/2012

Use The Land For The Sale And Consumption Of Liquor Permit Issued No

KP-969/2011 74 Evan Street PARKDALE 20/12/2011 15/08/2012

Develop The Land For The Construction Of Six (6) Double-Storey Dwellings Notice Of Decision No

KP-468/2012 27 Bowman Street ASPENDALE 31/07/2012 16/08/2012 Subdivide The Land Into Two (2) Lots Permit Issued No

KP-425/2012 555 Highett Road HIGHETT 9/07/2012 17/08/2012 Subdivide The Land Into Five (5) Lots Permit Issued No

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SUBURB APPL. DATE

DATE DECIDED


KP-466/2012 43 Randall Avenue EDITHVALE 31/07/2012 17/08/2012 Subdivide The Land Into Two (2) Lots Permit Issued No

KP-607/2011

16 Cochranes Road MOORABBIN 16/08/2011 17/08/2012

Use The Land For The Purpose Of A Restricted Recreation Facility (Gymnasium) Permit Issued No

KP-433/2012 1 Biscay Court

DINGLEY VILLAGE 11/07/2012 17/08/2012

Develop The Land For The Construction Of A Fence In A Special Building Overlay Permit Issued No

KP-964/2011

11 24 Schooner Bay Drive

PATTERSON LAKES 15/12/2011 17/08/2012

Develop Land For The Construction Of A Jetty Permit Issued No

KP-475/2012 80 Sherwood Avenue CHELSEA 2/08/2012 17/08/2012

Develop The Land For The Construction Of Two (2) Dwellings Withdrawn No

KP-470/2012 1-7 Bulli Street MOORABBIN 1/08/2012 20/08/2012

Develop The Land For The Construction Of A Verandah Over An Existing Water Treatment Plant Permit Issued No

KP-31/2010 3 Kingston Road HEATHERTON 20/01/2010 20/08/2012

Develop The Land For The Construction Of Three (3) Buildings, Use Of The Land For The Purpose Of A Shop And Sale Of Liquor (Packaged Liquor), Display Of Advertising Signs, Reduction Of The Car Parking Requirement And Creation Of Access To A Road In A Road Zone Category 1 Withdrawn No

KP-600/2011 37 Evesham Road CHELTENHAM 16/08/2011 20/08/2012

Develop The Land For The Construction Of Two (2) Dwellings Notice Of Decision No

KP-437/2012 92 Argyle Avenue CHELSEA 13/07/2012 20/08/2012 Subdivide The Land Into Two (2) Lots Permit Issued No

KP-420/2012 31 Troy Street BONBEACH 4/07/2012 20/08/2012 Boundary Re-Alignment Permit Issued No

KP-416/2012 4 Dimar Court

DINGLEY VILLAGE 5/07/2012 20/08/2012

Develop The Land For The Construction Of Extensions To The Existing Buildings Permit Issued No

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SUBURB APPL. DATE

DATE DECIDED


KP-91/2012

223-227 Governor Road BRAESIDE 21/02/2012 20/08/2012

The Use And Development Of The Land For Purpose Of Industry (Food Production) And The Construction Of Buildings And Works To An Existing Building, A Reduction In Car Parking Requirements Pursuant To Clause 52.06 Of The Kingston Planning Scheme And The Erection Of An Internally Illuminated Business I Permit Issued No

KP-877/2011 6 Wilson Street CHELTENHAM 15/11/2011 20/08/2012

Develop The Land For The Construction Of One (1) Dwelling To The Rear Of An Existing Dwelling Permit Issued No

KP-310/2012 105 Beach Road MENTONE 22/05/2012 21/08/2012 Remove Covenant Lapsed No

KP-143/2012/A 82 Valetta Street CARRUM 16/08/2012 21/08/2012

Develop The Land For An Extension To A Dwelling In A Special Building Overlay Permit Issued No

KP-865/2004/A 31 Oak Avenue CHELTENHAM 15/05/2012 21/08/2012

Develop The Land For The Construction Of Two (2) DWELLINGS Lapsed No

KP-219/2011 7 Dallas Street MENTONE 7/04/2011 21/08/2012 Two (2) Dwellings Refused No

KP-462/2011/B 1 Kingston Road HEATHERTON 11/07/2012 21/08/2012

Use And Develop The Land For The Purpose Of Trade Supplies, Forty (40) Warehouses, Business Identification Signs And Construction Of Access To A Road In A Road Zone Category 1 Permit Issued No

KP-499/2012 29 Naples Road MENTONE 9/08/2012 22/08/2012 Subdivide The Land Into Two (2) Lots Permit Issued No

KP-352/2012 51-63 Venice Street MENTONE 7/06/2012 22/08/2012

Develop The Land For The Construction Of Buildings And Works


KP-305/2012 3 Iluka Avenue ASPENDALE 10/05/2012 22/08/2012 Removal Of Easement Permit Issued No

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SUBURB APPL. DATE

DATE DECIDED


KP-494/2012 142 Station Street ASPENDALE 9/08/2012 22/08/2012

Develop The Land For The Construction Of Buildings And Works To An Existing Shop


KP-344/2012

11 4-10 Jamieson Street CHELTENHAM 4/06/2012 22/08/2012

Develop The Land For The Display Of Business Identification Signage Lapsed No

KP-369/2012

162 Cochranes Road MOORABBIN 18/06/2012 22/08/2012

Develop The Land For The Construction And Display Of Advertising/Price Signage At A Service Station Lapsed No

KP-274/2012 30 Munro Avenue EDITHVALE 2/05/2012 23/08/2012 Subdivide The Land Into Two (2) Lots Permit Issued No

KP-884/2011 61 Nepean Highway MENTONE 16/11/2011 24/08/2012

Develop The Land For The Construction Of Two (2) Dwellings And Create Access To A Road In A Road Zone Category 1 Permit Issued No

KP-186/2011 88 Berry Avenue EDITHVALE 24/03/2011 24/08/2012


KP-467/2012 11 Alma Road PARKDALE 27/07/2012 24/08/2012 Subdivide The Land Into Three (3) Lots Permit Issued No

KP-827/2005/A 630-646 South Road MOORABBIN 14/05/2012 24/08/2012 Vary Condition Withdrawn No

KP-332/2012 5 Walter Street MOORABBIN 30/05/2012 24/08/2012

Use The Land For Retail Premises (Motor Vehicle Sales) Permit Issued No

KP-686/2010/A 1 Cochrane Avenue MENTONE 10/07/2012 27/08/2012


KP-187/2012 240 Nepean Highway EDITHVALE 28/03/2012 27/08/2012

Develop The Land For The Construction Of Buildings And Works, Waiver Of Car Parking Requirement And Waiver Of Loading Bay Requirement Notice Of Decision No

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SUBURB APPL. DATE

DATE DECIDED


KP-300/2012

49 Matthieson Street HIGHETT 17/05/2012 27/08/2012

Develop The Land For The Construction Of Three (3) Dwellings Lapsed No

KP-414/2012

2 260 Wickham Road HIGHETT 3/07/2012 27/08/2012 Use The Land For The Sale Of Liquor


KP-859/2011 18 Norland Street CHELTENHAM 7/11/2011 27/08/2012

Develop The Land For The Construction Of Two (2) Side-By-Side Dwellings Permit Issued No

KP-855/1999/A 213A Nepean Highway EDITHVALE 24/04/2012 27/08/2012

Develop The Land For Two (2) Dwellings Permit Issued No

KP-229/2011/A 108 Warren Road MORDIALLOC 28/05/2012 27/08/2012


KP-287/2012 5 Roper Street MOORABBIN 14/05/2012 27/08/2012

Use The Land For A Specialist Veterinary Surgery And Building And Works Permit Issued No

KP-657/2011 6 McMillan Street

CLAYTON SOUTH 31/08/2011 28/08/2012

Develop Land For The Construction Of One (1) Double Storey Dwelling To The Rear Of An Existing Dwelling. Permit Issued No

KP-208/2010/A

4 182 Nepean Highway ASPENDALE 7/06/2011 28/08/2012 Amendment To Plans/Permit Permit Issued No

KP-531/2011 83 Albenca Street CHELTENHAM 26/07/2011 28/08/2012

Develop The Land For The Construction Of Three (3) Double Storey Dwellings Permit Issued YES

KP-906/2011 142 Nepean Highway ASPENDALE 21/11/2011 28/08/2012

Develop The Land For The Construction Of Fourteen (14) Dwellings, Three (3) Commercial Units, Reduction In Car Parking Requirements And Associated Works Notice Of Decision No

KP-742/2011 8 Kardinian Avenue CHELTENHAM 27/09/2011 28/08/2012

Develop The Land For The Construction Of Two (2) Dwellings Notice Of Decision

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SUBURB APPL. DATE

DATE DECIDED


KP-107/2012

1 11 Embankment Grove CHELSEA 24/02/2012 29/08/2012

Develop The Land For The Construction Of One (1) Dwelling On A Lot With Four (4) Existing Dwellings Notice Of Decision

KP-3/2010 640 Nepean Highway CARRUM 5/01/2010 29/08/2012

Develop The Land For The Construction Of A Two (2) Storey Building With Basement Car Parking Comprising Eleven (11) Dwellings And A Shop With A Parking Reduction And Loading And Unloading Waiver Notice Of Decision

KP-980/2011 46 Langrigg Avenue EDITHVALE 23/12/2011 29/08/2012

Develop The Land For The Construction Of One (1) Dwelling To The Rear Of An Existing Dwelling And Subdivide The Land Into Two (2) Lot In A Special Building Overlay Refused

KP-527/2011

214 Balcombe Road MENTONE 25/07/2011 29/08/2012

Develop The Land For The Construction Of Seven (7) Dwellings With A Reduced Car Parking Requirement Under Clause 52.06 (Visitor Parking) And To Alter Access To A Road In A Road Zone, Category 1. Refused

KP-950/2011 5 Margaret Street PARKDALE 12/12/2011 29/08/2012


KP-323/2002/A

LEVEL 1 1277A Nepean Highway CHELTENHAM 27/04/2011 29/08/2012 Recreational Facility Withdrawn

KP-853/2010/A 2 Mentone Parade MENTONE 23/11/2011 30/08/2012 Buildings & Works Notice Of Decision

KP-161/2012 105 Patty Street MENTONE 19/03/2012 30/08/2012


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SUBURB APPL. DATE

DATE DECIDED


KP-917/2007/A 1209 Nepean Highway HIGHETT 17/08/2012 30/08/2012

Use And Development Of Medical Centre Advertising Signage Alteration Of Access To Road Zone Category 1 Reduction In Car Parking Requirements Prohibited

KP-408/2012

178-184 Boundary Road BRAESIDE 2/07/2012 31/08/2012

Develop The Land For The Construction Of A Satellite Dish Lapsed

KP-540/2012 52 Weymar Street CHELTENHAM 29/08/2012 31/08/2012

Develop The Land For Alterations To An Existing Dwelling In A Special Building Overlay

Permit Not Required

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No. 60 (CP360997) Naples Road Mentone – Planning Permit Application No. KP-

413/2011

Executive Summary for Planning Committee Meeting APPLICATION No: KP-413/2011 LAND: No. 60 (CP360997) Naples Road, Mentone PLANNING OFFICER: Girija Shrestha PROPOSAL: Develop Three (3) Dwellings on this Site PERMIT TRIGGER: Construct two or more dwellings on a lot EXISTING SITE CONDITIONS: Single storey dwelling APPLICANT: H Kokkinos ZONE / OVERLAYS: Residential 3 Zone, Design and Development Overlay

(DDO1) RESIDENTIAL POLICY AREA Incremental Housing Change OBJECTIONS Five (5) received and one (1) withdrawn

1.0 DESCRIPTION OF PROPOSAL 1.1 The application seeks to develop the land for the construction of three (3) dwellings

consisting of two (2) double storey dwellings to the rear and one (1) single storey at the front of the site. Dwellings 1 & 3 would be provided with a double garage and Dwelling 3 with a triple garage that are accessible via a driveway along the north-western side of the property, and the existing crossover at the north-western end of the Naples Road frontage. Each dwelling would also have an area of private open space to the rear or side of the dwelling.

2.0 SUBJECT SITE AND SURROUNDS 2.1 The following map illustrates the subject site in its surrounding context.

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MapXtreme 2008 ® SDK Developer License, © 2009 Pitney Bowes Sof tware Inc .

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2.2 The site is generally irregular in shape with a frontage to Naples Road of 18.13

metres, a side depth of 70.10 metres, resulting in a site area of 1641 m2. It currently contains a single storey, rendered dwelling with tiled gable roof and associated outbuildings and a tennis court. The existing dwelling on the land has a 17.2m front setback to Naples Road.

3.0 KEY PLANNING CONSIDERATIONS 3.1 The key planning considerations relate to: (a) Double storey dwelling to the rear of the single storey dwelling.

The single storey development has not been identified as a major contribution to neighbourhood character in the Neighbourhood Character Guidelines, however the single storey form is typical of the immediately adjoining dwellings on land to the north-west and south-east, which are the part of a eight (8) unit development. It is also noted that the location of the proposed double storey dwellings adjoins the drive way of those units and the RSL car park, which are not considered as a sensitive neighbourhood character area. Further, there are many double storey dwellings in the surrounding area. Therefore, the double storey dwellings form part of the neighbourhood character. Given that the subject site is a large size (i.e. 1641m2) lot compared to other residential lots in the area, and land adjoins less sensitive areas other than private open space of No 62B Naples Road, it has less probability to have amenity impacts (such as overshadowing, overlooking) to the adjoining properties. Please refer to the Section 12.3 of this report where neighbourhood character is further discussed. (b) North Facing Windows The applicant proposes the garage wall of Dwelling 1 to be located on the boundary wall which is opposite the north facing habitable windows of No. 62B Naples Road. The distance between the north facing windows of this existing dwelling and proposed garage wall is 2.6m. Standard B20 requires a north-facing habitable room window of an existing dwelling within 3 metres of a boundary on an abutting lot, should be setback from the boundary 1 metre plus 0.6m for every metre over 3.6m up to 6.9m, plus 1 metre for every metre of height over 6.9m. Accordingly a condition will require to be placed on any permit issued for the setback to comply with the standard. (c) Overlooking It is considered that the following windows should be appropriately screened in accordance with Standard B22, should a permit issue, as they are located within a horizontal distance of nine (9) metres of private open space of No. 62B Naples Road: North-east facing windows of bedroom 3 of Dwelling 3; and North-east facing balcony of Dwelling 3.

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Accordingly, to ensure that no unreasonable overlooking is to occur from the subject development, a condition should be placed on any permit issued in accordance with the above. (d) Private Open Space The schedule to the Residential 3 Zone requires that 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 40 square metres, a minimum dimension of 5 metres and convenient access from a living room. The minimum dimension of the secluded private open space of Dwelling 1 is proposed to be 4.59m with an area of 40.8 square metres. The total private open space for this dwelling is 120 square metres. The dwelling has an open space of 80 square metres at the front, which is linked to the meals area and is north facing. This total size of private open space is greater than the minimum requirements. Therefore, it is considered that the variation of 0.41m in dimension would be reasonable in this instance. (e) Solar Access to Private Open Space The secluded private open space of the Dwelling 1 does not meet the solar access requirements in accordance with Clause 55.05-5 of Kingston Planning Scheme. Given this dwelling has north facing private open space at the front of this dwelling, which is accessible directly from meals area, the variation is reasonable in this instance. (f) Front Fences The applicant has proposed to retain the existing 1.55m high brick rendered fence and therefore does not accord with the Schedule requirements (1.2m high). It is noted that some of the front fences of the surrounding area are similar in height in the streetscape of Naples Road. The fence height is not considered out of character, is in a good condition and there is inadequate justification to require its removal. This will be discussed further later in this report. (g) Title boundary and the location of the front fence in Council’s road reserve It appears that the existing front fence is located in the Council’s road reserve. The applicant suggested that this front fence has been existing for more than 15 years. This issue was discussed with Council’s Roads and Drains Department and Property Services Department. Council does not have any plans to sell this land at this stage and may require this land for future Council’s use. Therefore, it is requested to include a permit condition stating that “The existing front fence, located in the Council’s Road reserve, when Council requires the reserve land the fence must be removed to the title boundary and the associated work must be carried out at the applicant/land owner’s expense to the satisfaction of the Responsible Authority.”

3.2 The subject site is identified within Area 4 of the Kingston Neighbourhood Character

Study (May 2003). As part of this study, the average lot size within this area was calculated to be 347.45m2 per dwelling. The proposal achieves an average lot size of 547m2 per dwelling.

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4.0 OBJECTOR CONCERNS 4.1 Five (5) objections were received to the application and one (1) objection withdrawn

unconditionally. A summary of the concern and response to each ground of the four (4) remaining objections is provided below: Double Storey, Visual Bulk & Dwelling Height – Refer to above Rear Double

Dwelling Section (3.1. a) of this report. Further, it noted that the first floor of both dwellings have a large component. Given that the subject site is large in size (i.e. 1641m2) compared to other residential lots in the neighbourhood and the land adjoins less sensitive areas (other than private open space of No 62B Naples Road), the proposed development has less opportunities to have adverse amenity impacts such as overshadowing, overlooking to the neighbouring properties.

As stated earlier, due to large size of the first floor, there is the potential for the development to appear bulky, however, these dwellings are designed with graduated elevations, balconies, some separation between two upper floor components, and light coloured, rendered. Further, there are many bulky dwellings exists within the surrounding area. The impact of the proposed development on No 62B Naples Road with the garage wall of Dwelling 3 proposed along the boundary wall, which adjoins to the storage shed of No 62B Naples Road, the first floor component is approximately 5m away from the boundary line. Further, to reduce visual bulk and overlooking impact, a condition is recommended on any permit issued require the screening plantation along the north-east side open space between these two properties.

Loss of privacy – The overlooking impacts from windows of bedroom 3 of

Dwelling 3; and north-east facing balcony of Dwelling 3 a condition should be placed on any permit issued in accordance Clause 55.04-6 of Kingston Planning Scheme (Refer to above Overlooking Section (3.1.c) of this report). In addition to conditions relating to Standard B22, the screening plantation requirement will be included along the north-east corner of the proposed development. Further, regarding overlooking from the windows of Dwelling 1, the standard B 22 does not apply to a new habitable room window, 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, deck or patio is less than 0.8 metres above ground level at the boundary. The existing 1.95m high colourbond iron fence is proposed to be retained.

North facing window - To ensure that no unreasonable impact on north facing

windows of No 62B Naples Road is to occur from the subject development, a condition should be placed on any permit issued in accordance with Standard B20 of Kingston Planning Scheme. Refer to above north facing windows section (3.1.b) of this report.

Noise from pool - Noise associated with the proposed use is only likely to be

residential in nature. A domestic swimming pool or spa and associated mechanical and safety equipment if associated with one dwelling on a lot does not require a planning permit. Further, noise from the pool equipment of

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Dwelling 2 and Dwelling 3 must EPA requirements; therefore, it is not considered reasonable to require any condition.

Dilapidated boundary fence – regarding the poor condition of the boundary

fence, a standard permit condition will be included as prior to occupation of the proposed development all boundary fences must be repaired and/or replaced to the satisfaction of the responsible authority, at the cost of the applicant/owner.

Traffic concerns - The surrounding street network is capable of accommodating

the additional traffic movements created as a result of the additional dwellings on the site. Seven (7) on-site car parking spaces have been provided for the development, which is more than the requirements of the Clause 52.06 of the Kingston Planning Scheme. In addition to this, there is a space for two tandem car parking spaces available.

Overshadowing - The submitted shadow diagrams indicate that the proposal

complies with the overshadowing provisions of ResCode (Standard B21), and that no unreasonable shadow impact will occur in the existing secluded private open space as a result of the development.

The following objector concern, however, remains outstanding:

Property Devaluation – Unfortunately this concern is not a planning

consideration and has, therefore not been assessed. 5.0 CONCLUSION 5.1 Based on a thorough assessment of the application against the relevant provisions of

the Kingston Planning Scheme and taking into consideration the concerns raised by objectors, the proposal, subject to the inclusion of conditions, is deemed appropriate and should therefore be supported.

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RECOMMENDATION That Council determine to support the proposal and issue a Notice of Decision to Grant a Permit to develop the land for the construction of three (3) dwellings on this Site at No. 60 (PC360997V) Naples Road Mentone, subject to the following conditions:

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 substantially in accordance with the plans submitted to Council on 23 April 2012, but modified to show:

a. the provision of minimum 2000 litre rainwater tank clearly nominated for each dwelling with water re-use for toilet flushing;

b. a notation on the site plan stating “The existing front fence, located in the Council’s Road reserve, when Council requires the reserve land the fence must be removed to the title boundary and the associated work must be carried out at the applicant/land owner’s expense to the satisfaction of the Responsible Authority”;

c. the garage wall of Dwelling 1 be moved away 1 metre from the south-east side of the title boundary;

d. the provision of suitable fixed (unopenable) screening to the bedroom 3 windows of Dwelling 3 to a minimum height of 1.7 metres above the first floor finished floor level directly below, in accordance with Clause 55.04-6 (Standard B22) of the Kingston Planning Scheme;

e. the north-west facing part of balcony of Dwelling 3 to be deleted and remaining north-east facing balcony to be screened in accordance with Clause 55.04-6 (Standard B22) of Kingston Planning Scheme;

f. the provision of screening plantation along the south-west facing boundary area of No 62B Naples Road;

g. an elevation plan of the front fencing, which provides details of its height, materials and colours;

h. the door of each garage nominated as a panel lift door, or similar;

i. the provision of a full colour, finishes and building materials schedule, including samples (illustrated on an A4 or A3 sheet), for all external elevations and driveways of the development;

j. a notation on the plans stating “Property boundaries and footpath levels are not to be altered”;

k. a notation on the floor / site plan(s) stating: “All reinstatements and vehicle crossing must be constructed to the satisfaction of the Responsible Authority”;

l. a notation on the floor / site plan(s) stating: “There is to be a 200mm offset installed between the footpath and property boundary when carrying out reinstatements”;

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m. the guttering pertaining to the garages / walls on boundary on the site’s north-east property boundary nominated as being contained wholly within the title property boundary of the subject land;

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

3. The existing front fence, located on the Council’s Road reserve, when Council requires the reserve land it must be removed to the title boundary and the associated work must be carried out at the applicant/land owner’s expense to the satisfaction of the Responsible Authority.

4. Prior to the occupation of the dwellings hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

5. Prior to the occupation of the dwellings hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.

6. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system, rainwater tanks connected for reuse and a detention system.

7. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared and submitted by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

8. Stormwater works must be provided on the site so as to prevent overflows onto adjacent properties.

9. Stormwater outflow from the development to the Council drainage system should not exceed the predevelopment outflow of the site.

10. Prior to the occupation of the dwellings hereby permitted, or by such later date as is approved by the Responsible Authority in writing, the nature strip, kerb and channel, vehicle crossover and footpath must reinstated to the satisfaction of the Responsible Authority.

11. Any existing vehicular crossing not in accordance with the endorsed plan must be removed and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

12. Prior to the occupation of the dwellings hereby permitted, all boundary fences must be repaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at the cost of the applicant/owner.

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13. Prior to the occupation of the dwellings hereby permitted, areas set aside for parking vehicles, access lanes and paths as shown on the endorsed plans must be: a. Constructed to the satisfaction of the Responsible Authority.

b. Properly formed to such levels that they can be used in accordance with the plans.

c. Surfaced in accordance with the endorsed plans under this permit or in an all weather coloured concrete seal-coat, to the satisfaction of the Responsible Authority.

d. Drained and maintained to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority.

14. All works on or facing the boundaries of adjoining properties must be finished and surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.

15. All piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority.

16. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

17. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

The development is not started within two (2) years from the date of permit issue.

The development is not completed within four (4) years from the date of permit issue.

In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards.

Note: Prior to the commencement of the development you are required to obtain the necessary Building Permit.

Note: The applicant/owner must provide a copy of this planning permit to any appointed Building Surveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure that all building development works approved by any building permit is consistent with the planning permit.

Note: Environment Protection Authority (EPA) Victoria set out the requirements pertaining to site construction hours and permissible noise levels.

Note: Council’s Rates Department is responsible for determining and assigning property address details, which include dwelling/unit/apartment and street numbers and/or street names. The onus is on the Permit Applicant/Land Owner to contact Council’s Rates Department to determine dwelling/unit/apartment and street numbers, and street name details for the approved development. Any reference to dwelling numbers on endorsed plans is indicative and should not be relied upon for dwelling/unit/apartment and street numbers and/or street name purposes.

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OR In the event that the Council wishes to oppose the Officer’s recommendation to support the application, it can do so on the following grounds:

1. The proposal is inconsistent with objectives and strategies of the State and Local Planning Policy Framework of the Kingston Planning Scheme.

2. The proposal is inconsistent with the objectives of Clause 55.02-1 (Neighbourhood Character objectives) and Standard B5 of Clause 55.02-5 (Integration with the street objective) of the Kinston Planning Scheme.

3. The proposal fails to meet requirements of Standard B20 of Clause 55.04-4 (North Facing Windows objective) of the Kingston Planning Scheme.

4. The proposal fails to meet requirements of Standard B28 of Clause 55.05-4 (Private open space objective) and Standard B29 of Clause 55.05-5 (Solar Access to open space objective) of the Kingston Planning Scheme.

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PLANNING OFFICER REPORT

APPLICANT H Kokkinos

ADDRESS OF LAND No. 60 (PC360997V) Naples Road, Mentone

PLAN OF SUBDIVISION REFERENCE

Land in PC 360997V

PROPOSAL Develop Three (3) Dwellings on this Site

PLANNING OFFICER Girija Shrestha

REFERENCE NO. KP-413/2011

ZONE Clause 32.06 – Residential 3 Zone

OVERLAYS Clause 43.02 – Design and Development Overlay Schedule 1

OBJECTIONS Four (4)

CONSIDERED PLAN REFERENCES/DATE RECEIVED

23 April 2012

ABORIGINAL CULTURAL HERITAGE SENSITIVTY

No

1.0 RELEVANT LAND HISTORY 1.1 Council records indicate that there is no relevant planning history relating to this site. 2.0 SITE PARTICULARS 2.1 The site is generally irregular in shape with a frontage to Naples Road of 18.13

metres, a side depth of 70.10 metres, resulting in a site area of 1641 m2. It currently contains a single storey, rendered dwelling with tiled gable roof and associated outbuildings and a tennis court. The existing dwelling on the land has a 17.2m front setback to Naples Road.

2.2 The land is generally flat and has a slight slope of 0.5 metres at the front of the site

that falls from west to east. The land is predominately void of any significant vegetation.

2.3 There appears to be no restrictions listed on the Certificate of Title.

2.4 Vehicle access to the subject land is currently via a single width crossover located on

the north-west corner of the site’s Naples Road frontage. A 1.55m high rendered brick fence currently extends along the length of the property’s street frontage. A power pole and two street trees also exist adjacent to the site’s Naples Street frontage.

3.0 SURROUNDING ENVIRONS 3.1 The surrounding area generally comprises of single and double storey residential

development. 3.2 Land directly abutting the subject site and opposite is described as follows:

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North-east (opposite): land opposite at No. 61 Naples Road contains a single storey weatherboard, zinc sheet pitched roofed dwelling, that is accessible via a crossover at the northern end of its Venice Street frontage. It has a 0.75m high picket front fence along the Naples road and Venice Street frontages.

South-east (side): land abutting to the south-east at No.62 Naples Road contains two (2) dwellings. The front dwelling (No 62A Naples Road) is double storey, tiled and pitched roofed dwelling with a single width crossover located near the south-eastern end of its frontage. It has a 3.87m front setback from the title boundary of Naples Road’s side. Part of front fence is located in the Naples Road reserve. The rear dwelling (No. 62B Naples Road) is a single storey weatherboard house with a tiled and gabled roof. The south of the proposed lot adjoins the RSL car parking area, which is accessed via Palermo Street. South-west and North-east (side and rear): land to the rear and north-east (side) is occupied by eight (8) single storey brick veneer with tiled and pitched roof dwellings. These dwellings are accessed via a crossover located at the north-east end of the Naples Road frontage. The northeast side of the proposed subject site adjoins to the driveway of these eight (8) dwellings. The south west (rear) side of the subject site adjoins to the common landscape area and to the private open space of No 8/58 Naples Road.

4.0 PROPOSAL 4.1 It is proposed to demolish the existing dwelling and outbuildings on the land and

construct two (2) double and one (1) single storey dwelling on this site. The single storey dwelling will be located at the front of the site and the two (2) double storey dwellings will be located at the rear of the subject site.

4.2 Dwelling 1, a single storey dwelling comprises: three (3) bedrooms (one bedroom with walk-in-robe and ensuite), a kitchen, meals area, lounge, bathroom, and laundry. Two outdoor areas are also proposed as an extension of the main living area within the private open space area of this dwelling. A minimum total private open space area of 120m2 is proposed for Dwelling 1 including 40.8m2 of secluded private open space. A double garage is also proposed at the rear of this dwelling with vehicle access available from the existing crossover adjacent to the site’s Naples Road frontage.

4.3 Dwelling 2, a double storey dwelling comprises: four (4) bedrooms and one (1) study,

a kitchen, dining area, lounge, an upstairs rumpus, two (2) bathrooms, a powder room and a laundry. Two (2) balconies, one facing the north-east side accessed from bedroom 2 and bedroom 3 and another balcony facing south-west side accessed from rumpus room are proposed. An outdoor “alfresco” with barbeque area is also proposed as an extension of the main lounge area within the secluded private open space area of this dwelling. A minimum total secluded private open space area of 120m2 is proposed to the rear of this dwelling. An in ground swimming pool is also proposed within the private open space area. A triple car garage with provision for a storage area is also proposed. The garage is accessed from the existing crossover located at the Naples Road frontage.

4.4 Dwelling 3, a double storey dwelling comprises: four (4) bedrooms and one (1) study,

a kitchen, dining area, lounge, an upstairs rumpus, three (3) bathrooms, a powder

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room and a laundry. Two (2) balconies, one facing the north-east side accessed from bedroom 3 and bedroom 4 and another balcony facing the south-west side accessed from the rumpus room are proposed. An outdoor “alfresco” with barbeque area is also proposed as an extension of the main lounge area within the secluded private open space area of this dwelling. A minimum total secluded private open space area of 140m2 is proposed to the rear of this dwelling. An in ground swimming pool is also proposed within the rear private open space area. A double car garage with provision for a storage area is also proposed. The garage is accessed from the existing crossover located at the Naples Road frontage.

4.5 External building materials for the proposed dwellings would comprise of brick and

white/light grey render external walls at the ground floor level, and rendered at the upper floor level and tiled roof (“black”).

4.6 No significant vegetation would be removed from the subject site. An existing, 1.55 metre high rendered brick fence is proposed to retain along the site’s Naples Road frontage.

4.7 The proposal has an overall site coverage of 44.10% and a permeability of 34.7%. 5.0 PLANNING PERMIT PROVISIONS

Zone 5.1 Residential 3 Zone: Pursuant to Clause 32.06-1 of the Kingston Planning Scheme a

planning permit is required to construct two (2) or more dwellings on a lot. A development must meet the requirements of Clause 55 of the Scheme. The Schedule to the Residential 3 Zone includes a variation to a number of standards within Clause 55.

Overlay

5.2 Design and Development Overlay (Schedule 1 – Urban Coastal Height Control Area): Pursuant to Clause 43.02 of the Kingston Planning Scheme, a planning permit is required to construct a building or construct and carry out works.

Particular Provisions

5.3 Clause 55 - Two or More Dwellings on a Lot & Residential Buildings – (Refer to Appendix A for the Planning Officer’s full assessment against this report).

General Provisions

5.4 The Decision Guidelines of Clause 65 of the Kingston Planning Scheme are relevant to this application and require consideration to be given to a variety of matters including planning scheme policies, the purpose of the zone, orderly planning and the impact on amenity.

6.0 RELEVANT POLICIES 6.1 State Planning Policy Framework (SPPF)

Clause 11 Settlement Clause 15 Built Environment and Heritage Clause 16 Housing

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6.2 Local Planning Policy Framework (LPPF)

Clause 21.05 Residential Land Use Clause 22.11 Residential Development Policy

6.3 Other

6.4 Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 – Residential Land Use of the LPPF). The land is located within Area 19 of the Neighbourhood Character Guidelines.

6.5 Design Contextual Housing Guidelines (April 2003 – reference document within

Clause 22.11 – Residential Development Policy). The Design Contextual Housing Guidelines offer a range of design techniques and suggestions to assist with residential design, which is responsive to local character.

7.0 ADVERTISING 7.1 The proposal was advertised by sending notices to adjoining and opposite property

owners and occupiers and by maintaining a notice on site for fourteen (14) days. Five (5) objections to the proposal were received. The valid grounds of objection raised are summarised as follows:

Visual Bulk Loss of privacy Dwelling height North facing window Noise from pool Fence Traffic concerns Overshadowing

7.2 The following objections raised are not valid planning considerations: Devaluation of property

7.3 Prior to the preliminary conference meeting being held, one (1) objection from No.

62A Naples Road, withdraw the objection unconditionally. The issues raised by the remaining four (4) objections to the application will be discussed in this report.

8.0 PRELIMINARY CONFERENCE 8.1 A preliminary conference was held on 3 July 2011 with the relevant Planning Officer,

Ward Councillors, the Permit Applicant and four (4) objectors from three (3) properties in attendance. The above-mentioned issues were discussed at length.

8.2 The above concerns were unable to be resolved at the preliminary conference, and

the objections still stand.

9.0 SECTION 50 / 50A – AMENDMENT TO PLANS

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9.1 Following Council’s concerns letter dated 13 July 2011, the Permit Applicant lodged amended plans on 23 April 2012, pursuant to Section 50 of the Planning and Environment Act 1987 the amended plans incorporated the following changes:

Dwelling 2 and Dwelling 3 is separated by 1.2m at the ground floor level and

3.02 at the first floor level; An addition of 40 square metres of private open space is added at the side of

the Dwelling 1; and The side setbacks are increased or first floor footprints of Dwelling 2 and

Dwelling 3 are reduced by approximately 22m2 for Dwelling 2 and 32m2 for Dwelling 3.

9.2 It is these plans that form the basis of this recommendation and are described at

section 4 of this report. 10.0 REFERRALS 10.1 The application was referred to the following internal departments:

Council’s Development Engineer – raised no objection to the application, subject to conditions included on any permit issued relating to the provision of a water tank for each dwelling and standard requirements regarding on-site stormwater management.

Council’s Vegetation Management Officer - raised no objection to the application

and commented stating that submitted plans are ready to endorse.

Council’s Roads & Drains Department – raised no objection to the application, subject to conditions included on any permit issued relating to the property boundary.

Council’s Traffic Department - raised no objection to the application.

11.0 PLANNING CONSIDERATIONS:

State Planning Policy Framework 11.1 The State Planning Policy Framework sets out the relevant state-wide policies for

residential development at Clause 11 (Settlement), Clause 15 (Built Environment and Heritage) and Clause 16 (Housing). Essentially, the provisions within these clauses seek to achieve the fundamental objectives and policy outcomes sought by the Metropolitan Strategy – ‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have been removed from an individual clause and integrated throughout the State Planning Policy Framework.

11.2 The settlement policies at Clause 11 seek to ensure a sufficient supply of land is

available for all forms of land use in Victoria. Of particular relevance to housing, Clause 11 promotes housing diversity and urban consolidation objectives in the established urban realm. Clause 11.02-1 states that Planning Authorities should plan to accommodate projected population growth over at least a 15 year period, taking account of opportunities for redevelopment and intensification of existing urban areas

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as well consideration being had for environmental aspects, sustainable development and the costs associated with providing infrastructure. This clause states:

Planning for urban growth, should consider: Opportunities for the consolidation, redevelopment and intensification of

existing urban areas; Neighbourhood character and landscape considerations; The limits of land capability and natural hazards and environmental quality; Service limitations and the costs of providing infrastructure.

11.3 Clause 11.01-2 places particular emphasis on providing increased densities of housing in and around activity centres or sites that have good access to a range of services, facilities and transport options.

11.4 Clause 13 (Environmental Risks) aims to ensure that planning adopts a best practice

environmental management and risk management approach which aims to avoid or minimise environmental degradation and hazards. Further, planning should identify and manage the potential for the environment, and environmental changes, to impact upon the economic, environmental or social well-being of society.

11.5 Clause 15 (Built Environment and Heritage) aims to 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.

11.6 Clause 15.03-2 (Aboriginal Cultural Heritage) seeks to ensure the protection and

conservation of places of Aboriginal cultural heritage significance. 11.7 The Subject Land is not identified in an area of Aboriginal Cultural Heritage

Sensitivity. 11.8 Housing objectives are further advanced at Clause 16. This Clause aims to

encourage increased diversity in housing to meet the needs of the community through different life stages and respond to market demand for housing. In much the same vein as Clause 11, this Clause advances notions of consolidation of existing urban areas, particularly in and around activity centres and employment corridors that are well served by all infrastructure and services.

11.9 The policies contained within Clause 16.01-4 encourage the provision of range of

housing types to meet the increasingly diverse needs of the community. Emphasis is placed on development of well-designed medium density housing with respect to neighbourhood character. Further, this Clause aims to make better use of the existing infrastructure and provide more energy efficient housing.

11.10 Policies pertaining to urban design, built form and heritage outcomes are found at

Clause 15 of the State Planning Policy Framework. Of particular significance, Clause 15.01 encourages development to achieve high quality architectural and urban design outcomes that contribute positively to neighbourhood character, minimises detrimental amenity impacts and achieves safety for future residents, and the community, through good design. The provisions of Clause 15.02 promote energy and resource efficiency

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through improved building design, urban consolidation and promotion of sustainable transport.

11.11 It is submitted that the proposed development satisfies the aforementioned State

strategies and policy direction. Specifically, the subject site is located on land earmarked for residential purposes, whereby residential development is an ‘as of right’ use under the zoning provisions. Subject to appropriate conditions on any permit issued, the development itself achieves an acceptable design outcome for the site and its immediate abuttals, whilst enjoying convenient and direct access to community facilities and the like, including public transport nodes.

Local Planning Policy Framework

11.12 The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston

Planning Scheme, seeks to provide guidance to development in residential zoned land, mixed use zoned lands and land within activity centres. The Residential Land Use Framework Plan illustrates the range of housing outcomes sought across the City of Kingston.

11.13 Relevant objectives and strategies in Clause 21.05-3: Residential Land Use

include: o To provide a range of housing types across the municipality to increase

housing diversity and cater for the changing housing needs of current and future populations, taking account of the capacity of local areas in Kingston to accommodate different types and rates of housing change. This is to be achieved through encouraging residential development within activity centres via mixed-use development, and on transitional sites at the periphery of activity centres.

o To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality. This is to be achieved through promoting new residential development, which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood.

o To promote more environmentally sustainable forms of residential development. To be achieved through promoting medium density housing development in close proximity to public transport facilities, particularly train stations.

o To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses.

o To ensure residential development does not exceed known physical infrastructure capacities.

o To recognise and response to special housing needs within the community.

11.14 Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning

Policy relevant to housing, stressing the need to encourage urban consolidation in appropriate locations and to accommodate projected population increases.

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11.15 Clause 22.11 Residential Development Policy extends upon the provision contained at Clause 21.05 (Residential Land Use), relating to increased housing diversity areas, incremental housing change areas, minimal housing change areas, residential renewal areas and neighbourhood character. It provides design guidance on how new residential development should achieve architectural and urban design outcomes that positively respond to neighbourhood character.

11.16 Relevant objectives in Clause 22.11-2 Residential Development Policy include:

To promote a managed approach to housing change, taking account of the

differential capacity of local areas in Kingston to accommodate increased housing diversity, incremental housing change, residential renewal or minimal housing change, as identified within the MSS.

To encourage new residential development to achieve architectural and urban

design outcomes that positively respond to neighbourhood character having particular regard to that identified in the Kingston Neighbourhood Character Guidelines – August 2007.

To promote on-site car parking which is adequate to meet the anticipated

needs of future residents. To ensure that landscaping and trees remain a major element in the

appearance and character of the municipality’s residential environments. To limit the amount and impact of increased stormwater runoff on local

drainage systems.

To ensure that the siting and design of new residential development takes account of interfaces with sensitive and strategic land uses.

11.17 It is considered that the proposed development generally complies and satisfies the

State and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing in appropriate locations. This is discussed in the Clause 55 assessment, later within this report. Overlay Provisions

11.18 The subject site is located within a Design and Development Overlay (Schedule 1 – Urban Coastal Height Control Area).

11.19 The objectives of this Overlay is to:

To protect and enhance the foreshore environment of Mentone, Parkdale, Mordialloc, Aspendale and Chelsea and adjacent areas including Port Phillip Bay.

To ensure that new buildings, works, renovations and extensions are compatible with surrounding buildings and natural features, and sympathetic to the surrounding natural landscape and environment.

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To relate building heights, building bulk and setbacks to adjoining sites so that they are compatible with and enhance the appearance and character of the immediate locality.

The proposal complies with the Overlay’s relevant Decision Guidelines

12.0 CLAUSE 55 (RESCODE ASSESSMENT) 12.1 The proposal has been assessed against the standards of Clause 55 (ResCode) of

the Kingston Planning Scheme (refer to Appendix A). Overall, it is noted that the application achieves a high level of compliance with the ResCode provisions, with only minor variations sought. Three (3) of the thirty-three (33) ResCode standards are sought to be varied, with the remaining thirty (30) standards satisfied by the proposal.

12.2 The following assessment considers the relevant standards and objectives of

ResCode where they require further discussion to that provided in the attached Appendix, particularly those standards where concessions are sought.

Clause 55.02-1 – Neighbourhood Character & Infrastructure Standard B1 – Neighbourhood Character

12.3 The objective of this Clause 55.02-1 is ‘to ensure that the design respects the existing

neighbourhood character and responds to the features of the site and surrounding area’. Standard B1 of ResCode suggests that the proposed design should respect the existing or preferred neighbourhood character and respond to the features of the site.

12.4 The subject site is located within a predominately residential area where single and

double storey brick dwellings are prevalent. In relation to neighbourhood character, when considering applications for development, Clause 22.11 states that the Neighbourhood Character Guidelines should be applied. Within Neighbourhood Character Area 19 the two (2) elements that are considered to be major characteristics in this area are ‘type and height of development’, and ‘window shape’.

12.5 With regard to ‘type and height of development’, most dwellings are 1 or 2 storeys and

oriented towards the street and detached. Dwelling 2 and Dwelling 3 are partially detached, double storey and located at the rear of the subject site. The first floor of both dwellings has 2m to 3m side setbacks.

12.6 With respect to ‘window shapes,’ within Area 19, the proposed windows are generally

in accordance with the character profile. Further, the neighbourhood character has a mixture of window shapes and size, therefore these proposed windows would be compatible with the area character of windows within the area.

12.7 The Residential Development Policy (Clause 22.11) encourages the double storey

component of new medium density housing to be located towards the front of a site, to respond to the character of the local neighbourhood, and should be sensitively designed to avoid unreasonable adverse amenity impacts on neighbours. Where the local neighbourhood is characterised by single storey development and this characteristic makes a major or critical contribution to neighbourhood character new

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two storey developments should incorporate rooms within the roof form of attic style dwellings, and should set the second storey building envelope back from the ground level envelope.

12.8 In this instance, single storey development has not been identified as a major

contribution to neighbourhood character in the Neighbourhood Character Guidelines, the single storey form is typical of the immediately adjoining dwellings (eight unit developments) on land to the north-west and south-east. It is noted that the location of the proposed double storey dwellings adjoins to the drive way of these dwellings and the RSL car park, which are not considered as a sensitive neighbourhood character area. Further, there are many double storey dwellings in the surrounding area.

12.9 It noted that the first floor of both dwellings have a large component. Council’s

Residential Development Policy states to ensure that any upper storey components towards the rear of sites are sensitively designed to avoid unreasonable adverse amenity impacts on neighbours. Given that the subject site is large in size (i.e. 1641m2) compared to other residential lots in the neighbourhood and the land adjoins less sensitive areas (other than private open space of No 62B Naples Road), the proposed development has less opportunities to have adverse amenity impacts such as overshadowing, overlooking to the neighbouring properties.

12.10 As stated earlier, due to large size of the first floor, there is the potential for the

development to appear bulky, however, these dwellings are designed with graduated elevations, balconies, some separation between two upper floor components, and light coloured, rendered. Further, there are many bulky dwellings exists within the surrounding area.

12.11 The impact of the proposed development on No 62B Naples Road with the garage

wall of Dwelling 3 proposed along the boundary wall, which adjoins to the storage shed of No 62B Naples Road, the first floor component is approximately 5m away from the boundary line. Further, to reduce visual bulk and overlooking impact, a condition is recommended on any permit issued require the screening plantation along the north-east side open space between these two properties.

12.12 Considering all above there limited grounds to justify the refusal of this application,

subject to inclusion of the conditions.

Standard B2 – Residential Policy 12.13 The Residential policy objective seeks to ensure that any proposed development

accords with the relevant State and Local Planning Policy Framework. An assessment against Kingston’s MSS and Residential Development Policy has been provided at section 11 of this Report, with the proposal found to be compliant. It is noted that the development does propose a double storey dwellings at the rear of the site which is generally discouraged by Council Policy, however in this instance, as discussed in the earlier section, is considered appropriate.

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12.14 Further to the assessment at section 11.2, as the Site is located within a Residential 3 Zone, Clause 22.11 seeks to manage development pressures by instituting a requirement to achieve averaged lot sizes within Incremental Housing Change Areas.

12.15 To achieve this, Council’s Strategic Planning Department undertook a study across

the municipality in 2003 (Kingston Neighbourhood Character Study) to identify any emerging patterns with regard to average lot sizes. As such, six (6) areas were identified within the municipality, each having their own ‘average lot size’ calculation.

12.16 The subject site is identified within Area 4 of this Study. The average lot size within

this area has been calculated to be 694.9m2, which results in a suggested development density of 1 dwelling per 347.45m2. It is therefore considered that this proposal would meet this strategy as the subject site has an area of 549m2.


State and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing in appropriate locations.

Standard B5 – Integration with the Street

12.18 The applicant is proposing to retain existing 15.55m high brick rendered front fence.

This will be discussed later in this report.

Clause 55.04 – Amenity Impacts

Standard B20 – North Facing Windows

12.19 The applicant proposes the garage wall of Dwelling 1 to be located on the boundary wall which is opposite the north facing habitable windows of No. 62B Naples Road. The distance between the north facing windows of this existing dwelling and proposed garage wall is 2.6m. Standard B20 requires a north-facing habitable room window of an existing dwelling within 3 metres of a boundary on an abutting lot, should be setback from the boundary 1 metre plus 0.6m for every metre over 3.6m up to 6.9m, plus 1 metre for every metre of height over 6.9m. Accordingly a condition will require to be placed on any permit issued for the setback to comply with the standard.

Standard B22 – Overlooking

12.20 It is considered that the following windows should be appropriately screened in

accordance with Standard B22, should a permit issue, as they are located within a horizontal distance of nine (9) metres of private open space of No. 62B Naples Road: North-east facing windows of bedroom 3 of Dwelling 3; and North-east facing balcony of Dwelling 3. Accordingly, to ensure that no unreasonable overlooking is to occur from the subject development, a condition should be placed on any permit issued in accordance with the above.

Standard B28 – Private Open Space

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12.21 The schedule to the Residential 3 Zone requires that 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 40 square metres, a minimum dimension of 5 metres and convenient access from a living room. The minimum dimension of the secluded private open space of Dwelling 1 is proposed to be 4.59m with an area of 40.8 square metres. The total private open space for this dwelling is 120 square metres. The dwelling has an open space of 80 square metres at the front, which is linked to the meals area and is north facing. This total size of private open space is greater than the minimum requirements. Therefore, it is considered that the variation of 0.41m in dimension would be reasonable in this instance.

Standard B28 – Solar Access to Private Open Space

12.22 The secluded private open space of the Dwelling 1 does not meet the solar access

requirements in accordance with Clause 55.05-5 of Kingston Planning Scheme. Given this dwelling has north facing private open space at the front of this dwelling, which is accessible directly from meals area, the variation is reasonable in this instance.

Clause 55.06 – Detailed Design Standard B32 – Front Fences

12.23 The applicant has proposed to retain the existing 1.55m high brick rendered fence

and therefore does not accord with the Schedule requirements (1.2m high). It is noted that some of the front fences of the surrounding area are similar in height in the streetscape of Naples Road. The fence height is not considered out of character, is in a good condition and there is inadequate justification to require its removal. This will be discussed further later in this report.

Other – Title boundary and the location of the front fence in Council’s road reserve 12.24 It appears that the existing front fence is located in the Council’s road reserve. The

applicant suggested that this front fence has been existing for more than 15 years. This issue was discussed with Council’s Roads and Drains Department and Property Services Department. Council does not have any plan to sell this land at this stage and may require this land for future Council’s use. Therefore, it is requested to include a permit condition stating that “The existing front fence, located in the Council’s Road reserve, when Council requires the reserve land the fence must be removed to the title boundary and the associated work must be carried out at the applicant/land owner’s expense to the satisfaction of the Responsible Authority.”

13.0 RESPONSE TO GROUNDS OF OBJECTIONS 13.1 The objector concerns have largely been addressed in the attached Appendix A and,

where necessary, further elaborated on in the assessment above.

Double Storey, Visual Bulk & Dwelling Height – Refer to Section 12.3 of this report.

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Loss of privacy – Refer to Section 12.18 of this report. In addition to conditions relating to Standard B22, the screening plantation requirement will be included along the north-east corner of the proposed development. Further, regarding overlooking from the windows of Dwelling 1, the standard B22 does not apply to a new habitable room window, 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, deck or patio is less than 0.8 metres above ground level at the boundary. The existing 1.95m high colourbond iron fence is proposed to be retained.

North facing window Refer to Section 12.17 of this report. Noise from pool - Noise associated with the proposed use is only likely to be

residential in nature. A domestic swimming pool or spa and associated mechanical and safety equipment if associated with one dwelling on a lot does not require a planning permit. Further, noise from the pool equipment of Dwelling 2 and Dwelling 3 must EPA requirements; therefore, it is not considered reasonable to require any condition.

Dilapidated boundary fence – regarding the poor condition of the boundary

fence, a standard permit condition will be included as prior to occupation of the proposed development all boundary fences must be repaired and/or replaced to the satisfaction of the responsible authority, at the cost of the applicant/owner.

Traffic concerns - The surrounding street network is capable of accommodating

the additional traffic movements created as a result of the additional dwellings on the site. Seven (7) on-site car parking spaces have been provided for the development, which is more than the requirements of the Clause 52.06 of the Kingston Planning Scheme. In addition to this, there is a space for two tandem car parking spaces available.

Overshadowing - The submitted shadow diagrams indicate that the proposal

complies with the overshadowing provisions of ResCode (Standard B21), and that no unreasonable shadow impact will occur in the existing secluded private open space as a result of the development.

13.2 The following objector concern, however, remain outstanding:

Property Devaluation – Unfortunately this concern is not a planning consideration and has, therefore not been assessed.

14.0 CONCLUSION: 14.1 The proposed development is considered appropriate for the Site, subject to

conditions, as evidenced by:

The compatibility of the design and siting with the surrounding area; The mitigation of off-site amenity impacts; and A suitable level of compliance with all relevant policies, including Clause 55 of the

Kingston Planning Scheme

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APPENDIX A – RESCODE ASSESSMENT Standard of the Kingston Planning Scheme Two or more dwellings on a lot and residential buildings (Clause 55 and Schedule to the Residential 3 Zone)

Title and Objective Complies with Standard?

Requirement and Proposed

B1 Neighbourhood Character Design respects existing neighbourhood character or contributes to a preferred neighbourhood character. Development responds to features of the site and surrounding area.

Yes Refer to Section 12 of the report for further discussion on Neighbourhood Character. In summary the proposal is considered to respect the existing neighbourhood character.

B2 Residential Policy Residential development is consistent with housing policies in the SPPF, LPPF including the MSS and local planning policies. Support medium densities in areas to take advantage of public transport and community infrastructure and services.

Yes See Section 12 of the report.

B3 Dwelling Diversity Encourages a range of dwelling sizes and types in developments of ten or more dwellings.

N/A Only applicable to developments of 10 or more dwellings.

B4 Infrastructure Provides appropriate utility services and infrastructure without overloading the capacity.

Yes It is recommended that suitable conditions be included in any permit issued to address infrastructure considerations.

B5 Integration with the Street Integrate the layout of development with the street

Partially No

A 1.55 metre high front fence is proposed. The development would be orientated towards the street. The front entrance of each dwelling is clearly identifiable from the street.

B6 Street Setback The setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

Yes Required: 5.04 metres Proposed: 5.32 metres

B7 Building Height Building height should respect the existing

Yes Maximum: 9 metres Proposed: 8.2 metres

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or preferred neighbourhood character. B8 Site Coverage Site coverage should respect the existing or preferred neighbourhood character and respond to the features of the site. Note: The Schedule to the Residential 3 Zone includes a variation to this standard

Yes Maximum: 50% Proposed: 44.10%

B9 Permeability Reduce the impact of stormwater run-off on the drainage system and facilitate on-site stormwater infiltration.

Yes At least: 20% Proposed: 34.7%

B10 Energy Efficiency Achieve and protect energy efficient dwellings and residential buildings. Ensure orientation and layout reduces fossil fuel energy use and makes appropriate use of daylight and solar energy.

Yes Solar access to dwellings on adjoining lots will not be unreasonably reduced as a result of the proposal. The Dwelling 2 and Dwelling 3 would have north facing POS, however Dwelling 1 would have south facing secluded private open space but would have north facing front POS, which has direct link from meals area.

B11 Open Space Integrate layout of development with any public and communal open space provided in or adjacent to the development.

N/A Only applicable where there is public open space abutting the site, or communal open space is provided on the site.

B12 Safety Layout to provide safety and security for residents and property.

Yes The front entrance of the dwellings would be easily identifiable from Naples Road. There is a reasonable level of surveillance available from all dwellings.

B13 Landscaping To provide appropriate landscaping. To encourage: Development that respects the

landscape character of the neighbourhood.

Development that maintains and enhances habitat for plants and animals in locations of habitat

Yes Council’s Vegetation Management Officer has no objection to the proposed landscape plan.

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importance.

The retention of mature vegetation on the site.

B14 Access Ensure the safe, manageable and convenient vehicle access to and from the development. Ensure the number and design of vehicle crossovers respects neighbourhood character.

Yes All the vehicles will be able to exit/enter in the forward direction from Naples Road.

B15 Parking Location Provide resident and visitor vehicles with convenient parking. Avoid parking and traffic difficulties in the development and the neighbourhood. Protect residents from vehicular noise within developments.

Yes All garages are conveniently located

B16 Empty B17 Side and Rear Setbacks Ensure the height and setback respects the existing or preferred neighbourhood character and limits the amenity impacts on existing dwellings.

Yes. Dwelling 1 Required: Ground Floor North: N/A East: N/A South: 1.0 West: N/A Dwelling 2 Required: First Floor North:1.78m East: N/A South: N/A West: 1.78 Dwelling 3 Required: First Floor North: N/A East: N/A South: 1.78m West: 1.78

Dwelling 1 Proposed: Ground Floor North: N/A East: N/A South: 1.3m West: N/A Dwelling 2 Proposed: First Floor North: 2.38m East: N/A South: N/A West: 6.07m Dwelling 3 Proposed: First Floor North: N/A East: N/A South: 3.19 West: 6.07m

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B18 Walls on Boundaries Ensure the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the amenity impacts on existing dwellings.

Yes Maximum: 25m on north and south boundaries (length) Proposed: 8.97m on north and 6m east boundaries (length)

B19 Daylight to Existing Windows Allow adequate daylight into existing habitable room windows.

Yes Buildings opposite existing habitable room windows would provide for a light court with a minimum area of 3m² and a minimum dimension of 1m clear to sky.

B20 North Facing Windows Allow adequate solar access to existing north-facing habitable room windows.

No One of the north-facing habitable room windows of No. 62B Naples Road is within 3 metres of a boundary on an abutting lot. The garage wall is proposed along the boundary wall, which should be setback from the boundary 1 metre. This can be achieved via a condition.

B21 Overshadowing Open Space Ensure buildings do not significantly overshadow existing secluded private open space.

Yes The degree of overshadowing to secluded private open space on adjoining lots is within the requirements of the standard.

B22 Overlooking Limit views into existing secluded private open space and habitable room windows.

No See section 12.17 of the report.

B23 Internal Views Limit views into existing secluded private open space and habitable room windows of dwellings and residential buildings within the same development.

Yes The proposal would not result in internal views to the secluded private open space or habitable room windows within the development.

B24 Noise Impacts Protect residents from external noise and contain noise sources in developments that may affect existing dwellings.

Yes No unreasonable noise sources or noise sources unusual to a dwelling are anticipated.

B25 Accessibility Consider people with limited mobility in the design of developments.

Yes The entry to each dwelling would be accessible to people of limited mobility.

B26 Dwelling Entry Provide a sense of identity to each dwelling/residential building.

Yes The front entrance to each dwelling is defined with an entry porch.

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B27 Daylight to New Windows Allow adequate daylight into new habitable room windows.

Yes All habitable room windows are provided with at least 1 metre clear to sky.

B28 Private Open Space Provide reasonable recreation and service needs of residents by adequate private open space. Note: The Schedule to the Residential 3 Zone includes a variation to this standard

Partially No

Required: An area of 40m2, with one part of the POS to consist of secluded POS at the side or rear of the dwelling or residential building with a minimum area of 40m2, a minimum dimension of 5m and convenient access from a living room. If a dwelling has more than 2 bedrooms an additional ground level POS area of 20m2 with a minimum width of 3m is required to be provided for each additional bedroom, with a maximum of 80m2 of POS required for the dwelling. Proposed: 40.8m2 at side with an additional 80m2 within the front area for Dwelling 1, 120m2 for Dwelling 2 and 140m2 for Dwelling 3 It is noted that Dwelling 2 and Dwelling 3 would also have balconies areas.

B29 Solar Access to Open Space Allow solar access into the secluded private open space of new dwellings/buildings.

Partially No

Dwelling 1 does not meet this standard. See section 12.19 of the report.

B30 Storage Provide adequate storage facilities for each dwelling.

Yes There are internal storage areas within the garages of Dwelling 2 and Dwelling 3 which are considered adequate.

B31 Design Detail Encourage design detail that respects the existing or preferred neighbourhood character.

Yes Refer to Section 12 of the report (discussion on Neighbourhood Character).

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B32 Front Fences Encourage front fence design that respects the existing or preferred neighbourhood character. Note: The Schedule to the Residential 3 Zone includes a variation to this standard

No Maximum: 1.2m Proposed: 1.55m The applicant is proposing to retain the existing 1.55m high brick fence. See section 12.21 of the report.

B33 Common Property Ensure car parking, access areas and other communal open space is practical, attractive and easily maintained. Avoid future management difficulties in common ownership areas.

Yes The car parking and access areas and other communal open space is practical and easily maintained.

B34 Site Services Ensure site services and facilities can be installed and easily maintained and are accessible, adequate and attractive. Avoid future management difficulties in common ownership areas.

Yes Bins can be easily transported to the kerb from the rear of each garage. The rear area of each dwelling could be efficiently accessed for garden maintenance. A mailbox can easily be provided for each dwelling at the front of the site.

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No. 419 (Lot 1 of TP 684438A) Centre Dandenong Road Heatherton – Planning Permit Application No. KP-709/2011

Executive Summary for Planning Committee APPLICATION No: KP-709/2011 LAND: No. 419 Centre Dandenong Road Heatherton (Lot 1 of

TP 684438A) PLANNING OFFICER: Tanya Sokolowski PROPOSAL: Use and Develop the Land for a Place of Worship PERMIT TRIGGER: Use and development for a Place of Worship and car

parking reduction EXISTING SITE CONDITIONS: Vacant APPLICANT: Coomes Planning ZONE / OVERLAYS: Green Wedge Zone (Schedule 2), Design and

Development Overlay (Schedule 4), Land Subject to Inundation Overlay & Airport Environs Overlay (Schedule 1)

POLICY AREA South East Non-Urban Policy Area; Moorabbin Airport Environs Policy

OBJECTIONS Three (3) 1.0 DESCRIPTION OF PROPOSAL 1.1 The application seeks to use and develop the land for the purpose of a church. It is

proposed to construct a church, church hall and sixty-two (62) car spaces in two stages.

1.2 Stage 1 of the development is proposed to entail the construction of the church hall

which will have seating capacity for 100 people, and all sixty-two car spaces. Stage 2 of the development will be the construction of the church, which is proposed to have a seating capacity of 200. It is proposed to use the hall for church services until Stage 2 is complete. The church hall will contain facilities such as bathrooms, office areas, kitchen and dining area – providing a multi-purpose space in addition to the open hall area which will be used for church services as required.

1.3 It is proposed to construct access to the site from Ross Street, with a new crossover

located approximately twelve (12) metres from the corner of Ross Street and Centre Dandenong Road.


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2.2 The site is located on the north-east corner of Centre Dandenong Road and Ross

Street. The site is rectangular in shape with a frontage to Centre Dandenong Road of 110.18 metres, a side depth to Ross Street of 54.72 metres and an overall site area of 6028 square metres. The site is currently vacant. A small number of trees are located towards the site’s north-western corner.

2.3 A bus stop is located to the front of the site. Ross Street is an unmade local road,

whilst Centre Dandenong Road is an arterial road. 2.4 The surrounding area is developed and used for a mixture of uses, including

agricultural uses to the east, to the north is land containing a local group’s clubhouse and soccer pitch, on the west side of Ross Street is the Capital Golf Course and to the south on the opposite side of Centre Dandenong Road is the Chifley Business Park.

3.0 KEY PLANNING CONSIDERATIONS 3.1 The key planning considerations relate to:

(a) Objection from Moorabbin Airport Corporation The proposal was required to be referred to the Moorabbin Airport Corporation

pursuant to Section 55 of the Planning and Environment Act 1984, as the site is located within the Design Development Overlay Schedule 4 and the Airport Environ Overlay Schedule 1. Moorabbin Airport have objected to the proposal due to concerns relating to proximity of the proposal to flight paths, noise issues, protection of future use of the airport, potential hazards to aviation from building design (glare, lighting) and potential wildlife hazards to aviation from landscaping design. Moorabbin Airport's objection to the proposal now requires Council to refuse the application.

(b) Appropriateness of Land Use in the Green Wedge Zone

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The proposal is considered to fit within the context of the site. Opposite the site on the

south side of Centre Dandenong Road is the Chifley Business Park which comprises relatively large scale commercial development, with buildings that entail significant footprints and overall building heights. The proposal will provide an appropriate transition of built form into the Green Wedge Zone. The proposed use is also considered to be consistent with current permissible uses in the Zone, where local policy encourages low site coverage community uses such as churches. Council’s own local policies discuss the appropriateness of community facilities such as churches in the zone and seek to encourage them where they are readily accessible.

This direction is amended in Council’s Draft Green Wedge Plan (adopted August 27 2012), with the site designated within a ‘Low Intensity Area’. Although the proposal will entail relatively low site coverage of 14%, and is a community facility as envisaged in The Plan, a place of worship has been excluded from the list of uses appropriate in these areas. Were this policy to have weight in the Planning Scheme, this report would seek to refuse the application (although it is noted that this seems to be partially in conflict with the ‘low site coverage community uses’ which are encouraged in the ‘Low Intensity Areas’). However, as the policy does not yet have the status of a ‘seriously entertained document’, the assessment and ultimate recommendation is limited to those considerations contained within the Kingston Planning Scheme.

The proposed use for a place of worship is considered to fit well with the community and recreation uses which are located to the north and west of the site. The proposed use has the potential to benefit a local and broader regional community need, and is reflective of Kingston’s diverse communities, particularly towards the northern portion of the municipality.

(c) Car parking and traffic The provision of car parking on the site is considered adequate and meets the parking provision requirements of Clause 52.06 of the Kingston Planning Scheme. It is noted that there is scope to provide informal car parking on a portion of the site should there be overflow. The proposal has been reviewed by VicRoads and Council’s Traffic Engineers who have recommended conditions to require the relocation of the proposed access to the site to alleviate concerns regarding the queuing of traffic on Centre Dandenong Road.

4.0 OBJECTOR CONCERNS 4.1 Three (3) objections were received to the application. A summary of the concern and

response to each ground is provided below:

(a) Inappropriate Land Use in the Green Wedge Zone Comments from objectors referred to existing policy within the Kingston Planning

Scheme at Clause 35.04 – Green Wedge Zone, as well as reference to Council’s Green Wedge Plan.

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See discussion under Section 3.1 above.

(d) Car parking and traffic Concern was expressed regarding the proposed provision of car parking and the impact on the surrounding area, along with the likely traffic generated by the proposal and its impact on Centre Dandenong Road. Whilst this is a relevant consideration, the assessment above identifies that the on-site car parking provision is adequate in meeting the requirements of the Kingston Planning Scheme, and subject to a condition should a permit issue, to relocate the main vehicular entry the access is also acceptable. (e) Overdevelopment of the site The built form of the proposed church and associated church hall was noted by objectors as an overdevelopment and inconsistent with existing built form in the area.

The proposal will entail a relatively low site coverage which is encouraged in this

area, and will provide adequate car parking and opportunities for landscaping buffers around the site’s boundaries. These elements are considered to be indicative that the proposal is not an overdevelopment of the site.

5.0 CONCLUSION 5.1 Based on a thorough assessment of the application against the relevant provisions of

the Kingston Planning Scheme and taking into consideration the objection received from Moorabbin Airport, the application must be refused by Council pursuant to Section 55 of the Planning and Environment Act 1987. Whilst the proposal is considered to be satisfactory with regard to a majority of the planning scheme policies and objectives, Council has no option but to refuse the application.

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RECOMMENDATION That Council determine to Refuse to Grant a Permit to Use and Develop the land for a Place of Worship at No. 419 Centre Dandenong Road Heatherton (Lot 1 of TP 684438A), based on the following ground: 1. The proposal will prejudice the future operations of the Moorabbin Airport due to the

site’s proximity to flight paths, potential hazards to aviation from building design, potential wild life hazards to aviation from landscaping design and non compliance with noise pollution policies as a direct result of aviation noise impacts on the proposed Place of Worship (Moorabbin Airport objection).

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APPLICANT Coomes Planning

ADDRESS OF LAND No. 419 Centre Dandenong Road Heatherton


Lot 1 on TP 684438A

PROPOSAL Use and Develop the Land for a Place of Worship

PLANNING OFFICER Tanya Sokolowski


ZONE Green Wedge Zone (Schedule 2)

OVERLAYS Design & Development Overlay (Schedule 4), Land Subject to Inundation Overlay (LSIO), Airport Environs Overlay (AEO)

OBJECTIONS Three (3)


20 March 2012


No

1.0 RELEVANT LAND HISTORY 1.1 Council records indicate that there is no relevant planning history relating to this site. 2.0 SITE PARTICULARS 2.1 The site is located on the north-east corner of Centre Dandenong Road and Ross

Street. The site is rectangular in shape with a frontage to Centre Dandenong Road of 110.18 metres, a side depth to Ross Street of 54.72 metres and an overall site area of 6028 square metres. The site is currently vacant. A small number of trees are located towards the site’s north-western corner.

2.2 A bus stop is located to the front of the site. Ross Street is an unmade local road and

Centre Dandenong Road is an arterial road. 3.0 SURROUNDING ENVIRONS 3.1 The surrounding area is developed for a mixture of uses, including agricultural,

recreational and commercial uses. Moorabbin Airport is approximately 400 metres to the south-west of the subject site. The nearest residentially zoned land is 725 metres to the east of the site.

4.2 Land directly abutting the subject site and opposite is described as follows:

North: Land to the north is owned by a local group and is developed for a clubhouse and soccer pitch. A single storey large building is oriented to Ross Street, with expanses of grassed areas around the building.

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East: Land to the east at No. 431 Centre Dandenong Road is used for agricultural purposes and contains two single storey dwellings, each oriented to (and accessed from) Centre Dandenong Road. A number of outbuildings are sited to the rear of the dwellings. The dwelling nearest to the subject site is located approximately 25 metres from the shared boundary. South: Land on the south side of Centre Dandenong Road is occupied by the Chifley Business Park, with large expansive buildings with associated car parking areas occupying the site. Buildings vary in height between two and three storeys, with flat roof forms. Facades presenting to Centre Dandenong Road are relatively unadorned, containing some windows with an outlook to the road. West: On the west side of Ross Street is the Capital Golf Course, with heavily planted perimeters of the site preventing views from Centre Dandenong Road to the golf course’s buildings. Buildings are sited towards the southern portion of the site, with a setback from Centre Dandenong Road of approximately 30 metres.

4.0 PROPOSAL 4.1 It is proposed to construct a church, church hall and associated car parking for the St

George Jacobite Syrian Orthodox Church. The development is proposed to be constructed in two stages.

4.2 Stage 1 of the development is proposed to entail the construction of a church hall with

seating capacity for 100 people, and sixty-two car spaces (including two disabled spaces). Stage 2 of the development will be the construction of the church, which is proposed to have a seating capacity of 200. It is proposed to use the hall for church services until Stage 2 is complete. The church hall will contain facilities such as bathrooms, office areas, kitchen and dining area – providing a multi-purpose space in addition to the hall area which will be used for church services as required.

4.3 Access to the site is proposed to be from Ross Street, via a new crossover which

would be located approximately twelve (12) metres from the corner of Ross Street and Centre Dandenong Road.

4.4 The church hall would be located towards the site’s northern boundary, with a

setback from the boundary of 3 metres, with a nominated area for a landscape buffer. The hall would contain an office, library, kitchen, small dining area, bathrooms, open hall area and stage. The hall would have a total building height of 6 metres and footprint area of 368 square metres.

4.5 The church would be centrally sited, with a setback from Centre Dandenong Road of

18.1 metres. The building will entail a vestibule, the main assembly area with two enclosed child minding areas, a Madbaha to the front of the church where the alter is located, sitting room, and a choir area provided on a mezzanine floor above the vestibule. A belltower would be located towards the south-western corner of the church, with a total height of 16 metres. The church building would have a height of

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14.5 metres and total footprint area of 492 square metres. Two water tanks are shown to the rear of the church.

4.6 The built form of the church hall will entail a contemporary architectural style, with a

combination of flat and skillion roof forms, zinc wall panels and light coloured concrete wall panels. North facing clerestory windows would also be incorporated.

4.7 The church will incorporate both traditional Indian church architecture and a

contemporary architectural style. A paved forecourt area would extend between the frontage of the church and the entry to the church hall. The church will be constructed of concrete wall panels with various light coloured finishes, frosted glass and zinc panels.

4.8 Car parking is proposed to extend along part of the front of the site and the site’s

sideage to Ross Street. A pedestrian path connects the site to the nature strip on Centre Dandenong Road, to where a bus stop is located. A portion of the site towards the eastern boundary and north-eastern corner of the site would remain undeveloped, (identified for future expansion, subject to further approval from Council).

4.9 Activities on the site will occur throughout the week; however the primary (or most

intensive) activity on the site will be a Sunday church service and Sunday school classes, occurring between 9am and 11am, with a maximum attendance of 200 parishioners anticipated. The church will also be used for the usual Christian festivals including Easter and Christmas services. It is not expected that parishioner numbers would exceed 200 during festivals. Other activities that are proposed to occur on the site include choir practice, prayer meetings, other church related meetings, bible study groups and youth playgroups. The church would also be used for special occasions such as weddings and funerals.

4.10 The proposal has an overall site coverage of 14.4%. 5.0 PLANNING PERMIT PROVISIONS

Zone 5.1 Green Wedge Zone (Schedule 2): Pursuant to Clause 35.04-1 of the Kingston

Planning Scheme, a planning permit is required to use land for the purpose of a place of worship.

5.2 Pursuant to Clause 35.04-5 a planning permit is also required to construct a building and to construct or carry out works associated with a Section 2 use and also to construct a building and to construct or carry out works located within 100 metres of a Road Zone Category 1.

Overlay

5.3 Design & Development Overlay (Schedule 4): Pursuant to Clause 43.02-2 of the Kingston Planning Scheme, a planning permit is required to construct a building or construct and carry out works, however Schedule 4 exempts works which fall under the building height specified (16 metres above sea level). Both of the buildings and the proposed bell tower would have a height exceeding 16 metres above sea level and therefore require a permit under this Overlay, and referral to Moorabbin Airport Corporation.

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5.4 Land Subject to Inundation Overlay: Pursuant to Clause 44.04-1 of the Kingston

Planning Scheme, a planning permit is required to construct a building or construct and carry out works.

5.5 Airport Environs Overlay: Pursuant to Schedule 1 of Clause 45.02 a permit is required

to use the land for a Place of Assembly. An application must be referred to the airport owner under Section 55 of the Planning and Environment Act 1987.


5.1 Car Parking: Pursuant to Clause 52.06 of the Kingston Planning Scheme, a planning permit is required to reduce or waive the car parking requirements associated with a place of worship. The table contained within Clause 52.06-5 specifies a rate of 0.3 car spaces per patron for a Place of Assembly.

5.2 The application proposes a maximum number of 200 parishioners would be on the

site at any one time, which would require the provision of 60 car parking spaces. It is proposed to provide 62 car parking spaces, satisfying the specified parking rate.

5.3 Integrated Public Transport Planning: Pursuant to Clause 52.36 of the Kingston

Planning Scheme a referral is required to be made to the Director of Public Transport where a proposed Place of Assembly comprises 600 square metres or more of floor area.

General Provisions

5.4 The Decision Guidelines of Clause 65 of the Kingston Planning Scheme are relevant to this application and require consideration to be given to a variety of matters including planning scheme policies, the purpose of the zone, orderly planning and the impact on amenity.


Clause 11 Settlement Clause 13 Environmental Risks Clause 15 Built Environment and Heritage Clause 18 Transport Clause 19 Infrastructure

6.2 Local Planning Policy Framework (LPPF) Clause 21.03 Land Use Challenges for the New Millennium Clause 21.04 Vision Clause 21.10 Non-Urban Areas Clause 21.12 Transport, Movement and Access Clause 22.04 South-East Non-Urban Area Policy Clause 22.05 Moorabbin Airports Environs Policy

6.3 Zoning

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Clause 35.04 Green Wedge Zone (Schedule 2) 6.4 Overlay Controls Clause 43.02 Design & Development Overlay (Schedule 4) Clause 44.04 Land Subject to Inundation Overlay Clause 45.02 Airport Environs Overlay (Schedule 1) 6.5 Particular Provisions

Clause 52.06 Car Parking Clause 52.34 Bicycle Facilities Clause 52.36 Integrated Public Transport Planning Clause 57 Metropolitan Green Wedge Land


owners and occupiers and by maintaining a notice on site for fourteen (14) days. Three (3) objections to the proposal were received. The grounds of objection raised are summarised as follows:

Inappropriate use in the Green Wedge Car parking/traffic Overdevelopment of the site

7.2 These concerns are addressed in the assessment section of this report. 8.0 PRELIMINARY CONFERENCE 8.1 A preliminary conference was not held. Objectors were contacted in order to establish

if they wished to attend a meeting, it was established that due to the nature of concerns regarding the proposal that a meeting was unlikely to resolve the issues that had been raised by objectors. No objectors indicated that they wished to proceed with a preliminary conference.

9.0 AMENDMENT TO PLANS 9.1 Following a request for further information, and concerns raised by Council officers

the applicant submitted amended plans. The major changes to plans included:

Deletion of the two proposed parsonages/dwellings. The development will not entail any residential component.

The provision of a pedestrian path connecting the site to the front nature strip and a bus stop.

9.2 It is these plans that form the basis of this recommendation and are described at

section 4 of this report. 10.0 REFERRALS

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10.1 The application was referred to the following internal departments:

Council’s Development Engineer – raised no objection to the application, subject to conditions requiring the preparation of a stormwater management strategy and the incorporation of stormwater works which utilise water sensitive urban design principles.

Council’s Urban and Sustainable Design Advisor – provided comments on the

submitted ESD report, noting that the proposal is able to achieve a satisfactory outcome with regard to incorporating environmentally sustainable design.

Council’s Vegetation Management Officer - raised no objection to the application,

subject to conditions requiring the provision of a landscape plan with the planting of twenty-five (25) canopy trees to the front boundary and a minimum of ten (10) canopy trees throughout the site. Council’s Vegetation Management Officer also advised that the existing vegetation on the site that is proposed to be removed is neither significant nor native remnant vegetation.

Council’s Traffic Engineer – raised an objection with regard to vehicle and

pedestrian access and the traffic generation impact of the proposal. Traffic Engineers indicated that the proposed crossover would need to be relocated towards the northern boundary and a shared user path constructed along the site’s front boundary as a minimum.

Council’s City Strategy Department – did not object to the proposed use of the

site, noting that in principle a place of worship is an acceptable use within the Green Wedge Zone, however noted that should the Kingston Green Wedge Plan become a ‘seriously entertained document’ in the future, that this site has not been identified as being appropriate for use as a place of worship.

Council’s Roads and Drains Department – did not object to the proposal subject

to conditions including the construction of a 2.5 metre wide shared user path along the site’s frontage to Centre Dandenong Road, and the car park sealed for a minimum of 6 metres inside the property.

10.2 The application was referred to the following external departments:

Moorabbin Airport Corporation – was referred pursuant to Section 55 of the Planning & Environment Act 1987, who raised objections with regard to proximity to flight paths, noise issues, protection of future airport use, potential hazards to aviation from building design (glare, lighting etc) and potential wild life hazards to aviation from landscaping design.

VicRoads – was notified pursuant to Section 52 of the Planning & Environment

Act 1987 raised no objection to the application, and recommended a number of conditions regarding the relocation of the proposed crossover to be located at least 40 metres from the intersection of Ross Street and Centre Dandenong Road, requirements for a footpath to the front of the site and any works required by the development within the road reserve to be at the owners full cost and with works to be approved by VicRoads. VicRoads suggested that 20 metres from the intersection for the sealing of Ross Street, or as otherwise specified by Council.

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Melbourne Water - raised no objection to the application, subject to conditions

included on any permit issued relating to minimum finished floor levels required to be at least 600mm above the applicable flood level.

Director of Public Transport – did not object to the proposal subject to the

inclusion of a condition specifying that no works could be undertaken that would impact on the location of the bus stop, without prior approval from the Department of Public Transport.



development at Clause 11 (Settlement), Clause 13 (Environmental Risks), Clause 15 (Built Environment and Heritage), Clause 18 (Transport) and Clause 19 (Infrastructure). The SPPF requires Council to integrate the range of policies relevant to the issues to be determined and to balance conflicting objectives in favour of net community benefit and sustainable development.

11.2 The settlement policies at Clause 11 seek to ensure a sufficient supply of land is available for all forms of land use in Victoria. This Clause states: Planning for urban growth, should consider:

o Opportunities for the consolidation, redevelopment and intensification of existing urban areas;

o Neighbourhood character and landscape considerations; o The limits of land capability and natural hazards and environmental

quality; o Service limitations and the costs of providing infrastructure.

Of particular relevance to this application are the policies set out under Clause 11.04-6 of the Scheme which aim to protect land zoned for Green Wedge purposes from inappropriate development. The policy supports development that provides for environmental, economic and social benefits. The policy also seeks to protect major transport facilities such as airports. It is considered that the proposed place of worship would provide a social benefit to the local and broader community, given the breadth of Kingston’s relatively multicultural and multi-faith communities, particularly to the north of the municipality. The site’s location is deemed to be suitable for a church with the context of the site a suitable transition from the Moorabbin Airport and Chifley Business Park and the Green Wedge.

11.3 Clause 13 (Environmental Risks), specifically Clause 13.02 - Floodplains aims to

identify land affected by flooding and manage or mitigate flooding. The applicant has submitted a report by specialists in water engineering, who have consulted with Melbourne Water to ensure that the development will be provided with adequate finished floor levels to limit flooding impacts on the property and buildings. It is noted

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that the subject site is located on the edge of the floodplain. Melbourne Water has not objected to the proposal.




conservation of places of Aboriginal cultural heritage significance. The subject site is not identified in an area of Aboriginal Cultural Heritage Sensitivity.


Clause 15 of the State Planning Policy Framework. Of particular significance, Clause 15.01 encourages development to achieve high quality architectural and urban design outcomes that contribute positively to the surrounding area, minimises detrimental amenity impacts and achieves safety for future residents, and the community, through good design. The provisions of Clause 15.02 promote energy and resource efficiency through improved building design, urban consolidation and promotion of sustainable transport. The site’s location on a busy arterial road, opposite an established commercial precinct, and on the periphery of the Green Wedge, is considered a suitable strategic context for the proposed place of worship and, overall is considered consistent with the objectives of Clause 15.01-2 – Urban Design Principles. The proposed built form incorporates an architectural language typical of religious buildings. The overall footprint of the two buildings would entail site coverage of 14%, a relatively low coverage which is considered appropriate with regard to its location within the Green Wedge. The built form which is found directly opposite the site at the Chifley Business Park is significantly greater, comprising buildings with larger footprints and greater overall building height. The proposed two buildings will be sited centrally and towards the northern boundary, providing a setback from Centre Dandenong Road which will reduce the appearance of the buildings from the road, whilst also providing opportunities for landscaping along the front and side boundaries. The design will make efficient use of daylight throughout the buildings, with adequate windows to provide natural light to spaces. The forecourt tiled area provides a safe space where people are able to meet and congregate outside, separated from the parking area. The design has incorporated a pedestrian path linking the site to the nature strip along the site’s Centre Dandenong Road frontage, and the bus stop which is located there. Additional opportunities exist to enhance the pedestrian/public realm through the construction of a 2.5 metre wide shared user path along the nature strip to the site’s frontage on Centre Dandenong Road. The site currently has no footpath. Clause 15.01-2 seeks to ensure that the public realm is protected and enhanced through appropriate development, including the improvement of pedestrian spaces. Council’s Cycling and Walking Strategy 2009-2013 identifies Centre Dandenong Road, as requiring improved footpaths and bicycle paths. The strategy includes in its

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targeted priorities ‘the creation of east/west and north/south commuter routes along major roads’ with the Centre Dandenong Road forming part of the east/west linkage. Centre Dandenong Road is also identified as being part of the Principle Bicycle Network (managed by VicRoads), a network of cycle routes that provide access to key destinations in Melbourne. To the south side of Centre Dandenong Road is a shared user path which has been funded by the developers of those sites – Moorabbin Airport and Direct Factory Outlets. The north side of Centre Dandenong Road is yet to be developed for a shared user path, and requires land to be set aside to ensure that there is sufficient space for a path to be constructed. The proposed use of the site for a place of worship is not an ‘as of right’ use in the Green Wedge Zone. Council’s consideration of this type of use in this zone is contingent upon the proposal satisfying Council’s objectives with regard to land use planning in this area. Part of that consideration is ensuring that where a use is being proposed in an area which has scarce infrastructure – in part due to the rural/green wedge character of the land, then it is justifiable that the developer/applicant provides for some of that infrastructure around their site. Conditions are recommended to construct a shared user path of 2.5 metres width around the site’s main road frontage, and construction of part of Ross Street along the site’s sideage, should a permit issue. The subject site is relatively devoid of vegetation, with a small number of trees located towards the north-western corner of the site. In regard to landscaping of the site, a landscape plan is recommended to be provided by way of permit conditions, should a permit issue. The applicant submitted an arboricultural assessment with regard to the existing trees on the site. It is noted that no native remnant vegetation is on the site. The proposal will require the removal of the vegetation in order to construct buildings and the car park, however landscaping buffers are proposed to the perimeter of the site, allowing for substantial plantings. Council’s Vegetation Management Officer has recommended conditions for the planting of canopy trees in the front setback and scattered throughout the site.

11.7 Clause 18 (Transport) of the Kingston Planning Scheme states that planning should

support an integrated and sustainable transport system. The proposal would have direct access to a main road and the subject site is located within reasonable proximity to Warrigal Road/Highway, the Monash Freeway and the EastLink Freeway off Heatherton Road. The application was referred to the Director of Public Transport who did not object to the proposal, but did specify that the existing bus stop and associated infrastructure to the front of the site must not be altered, without the prior consent of the Director of Public Transport, and any works to alter or repair would be at the entire cost of the permit holder.

11.8 Clause 19 (Infrastructure) of the Scheme is of relevance, particularly Clause 19.02-3 – Cultural facilities and Clause 19.02-4 – Distribution of social and cultural infrastructure. The objectives of these Clauses are ‘to develop a strong cultural environment and increase access to arts, recreation and other cultural facilities’ and ‘to provide fairer distribution of and access to social and cultural infrastructure’. Whilst the proposal is for a place of worship, this use is intrinsically linked to both social and cultural interactions and is considered to be an opportunity to make a contribution to the existing infrastructure that supports Kingston’s diverse

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communities, and in particular would assist in meeting a need for this type of facility at a broader regional level. Local Planning Policy Framework

11.9 Clause 21.03 (Land Use Challenges for the New Millennium) identifies the challenges

associated with sustainable management of non-urban areas. This particular issue is elaborated upon in Clause 21.10, which is of relevance to this application.

11.10 Clause 21.10 (Non-Urban Areas) of the Scheme seeks to manage non-urban areas

in a sustainable manner, and to protect such areas from encroaching residential development.

The proposal is considered to support the relevant strategies to Clause 21.10 of the Scheme by:

Maintaining the environmental, scenic and landscape values of the area; Protect the use of high quality agriculture land for agricultural purposes; and Not encouraging any further subdivision on the land.

It is recognised that some permissible uses in non-urban areas are not strictly agricultural or rural in nature, but can include a range of urban related uses such as places of worship. The site’s location on a main road, with good linkages to other arterial roads is considered beneficial for the site and facilitates the efficient movement of people to and from the site. The site is located at a south-western edge of the Green Wedge Zone, with land to the west of the site located in a Special Use Zone and land opposite developed for commercial purposes. Whilst the proposed use is an urban related use, it is considered an appropriate transition into the Green Wedge. The site currently contains very little vegetation, with the proposal incorporating landscaping buffers around the site’s boundaries to provide canopy trees and other plantings, improving the overall vegetated appearance of the site.

11.11 Clause 21.12 (Transport, Movement and Access) addresses key issues surrounding

the sustainable management of Kingston’s transport network. This Clause identifies potential capacity issues for east/west traffic leading to conflicts between arterial traffic and abutting land uses. It is noted that in this instance VicRoads has provided comments regarding the proposal and has assessed the potential impacts on the operation of Centre Dandenong Road. VicRoads does not object to the issuing of a permit, but consistent with Council’s own Traffic Engineers, requires the proposed access to the site to be moved further north, at least 40 metres from the intersection. This will alleviate any concerns that the banking of traffic might impact upon traffic flow on Centre Dandenong Road.

11.12 Clause 22.04 (South East Non-Urban Area Policy) of the Kingston Planning Scheme

provides for a wide range of rural, environmental and urban related uses, and affects areas in the City of Kingston, Casey, Frankston and Greater Dandenong. These areas are under pressure for more intensive urban development. The Policy provides a regional approach to the future management of non-urban land to allow sustainable land use outcomes to be achieved.

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The proposal is considered to support the relevant strategies at Clause 22.04 of the Scheme by: Encouraging sustainable land use practice; Not compromising metropolitan urban growth strategies; and Protecting and developing the scenic and landscape values of the area.

Clause 22.04-3 suggests that the policy for this area protects high quality rural landscape, by which the following uses are supported within the non-urban area: “low density institutional uses eg. schools, clubs, churches.” The proposed place of worship is considered to be consistent with these policies.

11.13 Clause 22.05 (Moorabbin Airport Policy) is not applicable in the consideration of this application given that the Airport Environs Overlay affects the subject site. It is considered that the proposed development and use generally complies and satisfies the State and Local Planning Policy Framework guidelines that relate to the use and development of non-urban land, where applicable.

Other Council Documents

11.14 The Kingston Green Wedge Plan has been prepared by Planisphere consultants and identifies preferred uses in the Green Wedge. The Plan has undergone extensive community consultation, and was adopted by Council at its Ordinary meeting on 27 August. The subject site is located on a declared road on the periphery of the Green Wedge. The Plan discusses preferred uses within the Green Wedge and identifies community and church facilities that offer services or are available for use by the local and regional community as being suitable. As previously discussed, the proposed place of worship is considered to be an important facility for Kingston’s diverse community, with the likely potential that it will serve a broader area beyond the boundaries of the Kingston municipality, and therefore serve a local and regional purpose. Community service uses are encouraged to be well-located and accessible to the local and regional community. The site’s location on a main road, with ready access to other main roads with good north/south and east/west linkages are considered an important attribute to the site’s accessibility.

11.15 Objectors raised concerns that the proposal is pre-emptive whilst the Green Wedge

Plan had not been finalised at the time the application was lodged. The Kingston Green Wedge Plan is generally consistent however in its consideration of particular community uses such as churches, with current local policies. Community facilities which benefit both local and regional communities are deemed acceptable within the Green Wedge.

11.16 The Plan segments the Green Wedge into different areas nominated for preferred

development. The subject site is designated a ‘Green Wedge Low Intensity’ area, where the following uses are envisaged:

agriculture, open space, recreational and sporting facilities, and low site coverage community, commercial and education uses.

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11.17 The application was referred to Council’s City Strategy Department, who provided the

following comments in relation to the proposals alignment with the Kingston Green Wedge Plan:

The subject land falls within an area identified on the Future Land Use Map No. 5 (pg 79) of the Kingston Green Wedge Plan as a Green wedge low intensity area. To implement the Kingston Green Wedge Plan into the Planning Scheme it is suggested on Page 79 that Council include detailed local policy to guide decisions made about appropriate land uses in the Green Wedge Intensive and Low Intensive Areas. The Kingston Green Wedge Plan recommends that a Place of Worship should occur in the Green Wedge Intensive Areas (which the subject land is not) but should not occur in Green Wedge Low Intensity Areas.

Therefore based on the decision of the Council to adopt the Kingston Green Wedge Plan it would be apparent that if implemented into the Kingston Planning Scheme as intended, Policy would discourage the use of the subject land for a Place of Worship and Officers would be therefore be recommending to Council that the application be refused.

As discussed, however, the Kingston Green Wedge Plan is not a ‘seriously entertained document’ within the Kingston Planning Scheme, and therefore is yet to have weight in planning decisions. Specific to this site, the proposal entails a relatively low site coverage of 14%, which is consistent with the objectives for the ‘Low Intensity Area’. Building design guidelines nominated for the Low Intensity area appear to specify objectives which seek to encourage development which is of a low scale, low site coverage, minimises visual intrusion into the landscape/streetscape and encourages well vegetated sites.

11.18 The proposed church hall will be single storey, whilst the church would incorporate a

mezzanine level to accommodate the choir above the vestibule. The proposed built form is considered typical of religious architecture, with iconic features such as a bell tower and cross on the front façade of the building, which are prominent. Whilst these elements would be visible from Centre Dandenong Road, it is considered that the landscape buffers around the site will allow sufficient plantings to reduce their visibility.

11.19 It would appear that the proposal will use some reflective finished materials which are

recommended to be amended by way of a permit condition to specify that non-reflective materials are to be used, should a permit issue.

11.20 Under this Plan, opportunities have been specified to improve the amenity for

pedestrians and cyclists by providing a 2.5 metre – 3 metre wide shared user path along the site’s Centre Dandenong Road frontage. As discussed previously, a permit condition is recommended (should a permit be issued) to require the construction of a shared path along the site’s frontage at the owners cost. Other recommended permit conditions will also require the implementation of water sensitive urban design principles to reduce and improve stormwater run-off from the site.

Zoning Provisions

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11.21 Clause 35.04 (Green Wedge Zone – Schedule 2) It is considered that the proposed use and development satisfies the purposes of the zone, which are:

To implement the State Planning Policy Framework and the Local Planning

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

To recognise, protect and conserve green wedge land for its agricultural, environmental, historic, landscape, recreational and tourism opportunities, and mineral and stone resources.

To encourage use and development that is consistent with sustainable land management practices.

To protect, conserve and enhance the cultural heritage significance and the character of open rural and scenic non-urban landscapes.

To protect and enhance the biodiversity of the area.

The proposal is a Section 2 use within the Zone, with Clause 74 of the Kingston Planning Scheme providing the definition for a Place of Worship: “Land used for religious activities, such as a church, chapel, mosque, synagogue, and temple”. It is considered that the proposed church hall also falls within the use of the land as a Place of Worship where the activities undertaken within that building are generally ‘religious activities’ and can also entail activities that are considered to be ancillary to the Place of Worship. It is proposed that the church hall would be constructed within Stage 1 of the development and would be used for services until the church is constructed in Stage 2 of the development. Facilities located in the hall such as bathrooms/toilets, office, a kitchen and dining area would serve the needs of parishioners attending services in the hall. Under the decision guidelines of the Green Wedge Zone, a number of matters under the ‘general issues’; ‘rural issues’; ‘environmental issues’ and ‘design and siting issues’ are nominated as requiring consideration where appropriate in the assessment of applications. Of particular relevance to this application are decision guidelines regarding the compatibility of the proposal with surrounding uses, protecting and enhancing the biodiversity of the area and minimising any adverse impacts of the siting and design of the proposed buildings. General Issues

The proposal is consistent with surrounding uses that are located on the north side of Centre Dandenong Road which are located within the Green Wedge Zone. These uses whilst recreational are considered to fall within a broader community facilities type use and provide benefit to the local and wider community. The abutting property to the east is used for a market garden, and whilst that agricultural use differs from what is proposed, the use is not jeopardised by the proposal. The subject site is located on the outer edge of the Green Wedge Zone, with land located to the south and west of the site, outside of the Zone. Whilst the proposal is

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an urban related use, it is considered an appropriate transition from the commercial development at Chifley Business Park to the Green Wedge Zone. The site’s location on a main arterial road also provides a somewhat different context for consideration compared to land ensconced within the Green Wedge. Overall the site’s context does not entail an overly open and rural character. The site’s location on an arterial road also provides a high level of accessibility for vehicular traffic, acknowledging that many parishioners will be travelling from outside Kingston municipality and will be reliant on connections to the Monash Freeway and other arterial roads in travelling to the site. This level of accessibility is considered important, and provides an opportunity to locate the church on a road which is unlikely to have significant adverse impacts on surrounding uses, compared to locating in an established, built up area.

Environmental Issues

The applicant submitted an arboricultural report regarding the existing trees on the site. The assessment revealed that no significant vegetation is on the site, and with clarification from Council’s Vegetation Management Officer, no remnant native vegetation. The report assessed the three existing trees on the site and found that all three were of low retention value. Council’s Vegetation Management Officer has recommended permit conditions requiring the planting of twenty-five (25) canopy trees to the front landscape buffer and a minimum of another ten (10) canopy trees throughout the site. Given the lack of vegetation on the site, the proposal provides an opportunity to improve plantings significantly and in turn enhance the biodiversity of the area.

Design and Siting Issues

The proposed buildings are primarily single storey (the church has a mezzanine level), however the church does have an overall building height which is greater than an average two storey building, this is considered to be generally typical of religious architecture which includes high ceilings and roof forms. Aspects of the building are intended to be visible such as the cross on the front façade, and the bell tower. The siting of the building however, with a setback of 18.1 metres to the church from the front boundary will allow substantial distance from Centre Dandenong Road to lessen the visual impact of the building. The church hall will be sited behind the church, towards the northern boundary and far less visible. As discussed earlier, the proposal also incorporates landscape buffers around the site’s boundaries, with a condition recommended to provide a minimum of 25 canopy tress within the front setback, should a permit be issued. The context of the site is a key consideration with regard to the proposed built form, recognising that the development located opposite the site within the Chifley Business Park comprises large format buildings, with significant footprints and overall building heights. The streetscape is therefore dominated by the existing built form on the south side of Centre Dandenong Road. The proposed built form will not entail significant site coverage in comparison to the opposite site, and will provide an architectural built form which will sit comfortably on the site, with good landscaping around and throughout. The design incorporates colours and materials which are reflective, and a permit condition is recommended, should a permit be issued, to minimise the use of

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reflective material which would be more fitting with the location, and also requirements for the Airport Environs Overlay. This is considered to be a condition which would not have a significant impact on the overall integrity of the design, but will require further thought by the designer in material and colour selection.

For the above reasons, the overall proposed development and use of the subject site is considered acceptable with regard to the objectives of the Green Wedge Zone, and with regard to Council’s existing local policies relating to non-urban areas. The proposed development will enable the site to cater for a landscaped and vegetated site, whilst the built form and its siting will not be an overly dominant feature within the streetscape. The context of the site also lends itself to the proposal with regard to its location on a major road and the arterial road linkages to the site.

Overlay Provisions

11.22 The subject site is affected by the following Overlay Controls: Design & Development Overlay (Schedule 4) Land Subject to Inundation Overlay Airport Environs Overlay (Schedule 1)

11.23 Schedule 4 to the Design & Development Overlay relates to the height of the

proposed buildings and works within the vicinity of the Moorabbin Airport (namely its flight paths), which require a permit to construct works which exceed 16 metres. The Airport Environs Overlay (AEO) is also applicable to the subject land, where one of the key objectives is “to ensure that land use and development are compatible with the operation of airports in accordance with the appropriate airport strategy or master plan and with safe air navigation for aircraft approaching and departing the airfield”.

11.24 As previously discussed Moorabbin Airport Corporation (MAC) has objected to the

proposal on a number of grounds including the following:

Proximity of the site/proposed development to flight paths Noise issues (impacting on the proposed development) Protection of future airport use Potential hazards to aviation from building design (glare, lighting etc) Potential wild life hazards to aviation from landscaping design (eg. birds)

11.25 The grounds which were raised by MAC are considered able to be largely addressed via permit conditions; however Council must refuse the application.

11.26 The subject land is also affected by a Land Subject to Inundation Overlay (LSIO),

where Melbourne Water is the relevant floodplain authority. As previously discussed, this application has been externally referred to Melbourne Water and consent has been offered with respect to the proposed buildings and works, subject to specified minimum finished floor levels.

Particular Provisions 11.27 Clause 52.06 (Car Parking)

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Planning Scheme Amendment VC90 introduced changes to Clause 52.06 on 5 June 2012. The updated Clause amended the requirements for a Place of Assembly, which is the rate to be applied in assessing a Place of Worship. Previously, a Place of Assembly required the provision of 0.3 spaces per seat or per square metre of net floor area, whichever is the greater. The amendment to Clause 52.06 now requires 0.3 spaces per patron. Under the previous version of this Clause the proposal required a reduction of the car parking requirement on the basis of the net floor area of the church and church hall, and hence why the application was advertised including this trigger. Pursuant to the revised Clause 52.06 however, the proposed Place of Worship requires the provision of 0.3 car spaces to each patron/visitor catered for. The applicant has specified that no more than 200 persons will be on the site at any one time – this would equate to a requirement for 60 car spaces. The proposal includes 62 car spaces, and therefore exceeds the requirement by 2 spaces. Further, there is a significant portion of the site which is not proposed to be developed and could be used for parking overflow if it were required. Objectors raised concerns regarding the provision of parking for the proposal; however, as noted the requirement is met with capacity for an overflow parking area for additional spaces if required. It is noted that whilst Clause 52.06 only requires 60 car spaces in total, the traffic report submitted by the applicant based expected parking demand at a rate of 0.31 spaces per parishioner. This rate was devised via empirical surveys of the existing St George Jacobite Syrian Orthodox Church in Oakleigh. The parking survey at that Church established a parking demand of 0.31 spaces per parishioner. If that rate were applied to the subject site, this would equate to a requirement for 62 car spaces, which is met by the proposal. The design of the car parking spaces and accessways meet the requirements of Clause 52.06-8 with spaces provided with adequate dimensions and accessways a minimum of 6.4 metres width. Two (2) disabled parking spaces would be located adjacent to the church hall for easy access, and whilst dimensions for the spaces have not been provided it would appear that they meet requirements. If a permit were to issue, a condition should be included requiring their dimensions to be shown on plans to comply with the applicable Australian Standard. Lighting in the car parking area has not been nominated, however a condition is recommended for inclusion if a permit were to be issued to ensure that when the site is being used at night that the car parking area is adequately lit. Landscaping around the perimeter of the site will ensure that shade will be provided to car parking spaces at varying times of the day. The application was referred internally to Council’s Traffic Engineers and VicRoads was notified of the proposal. Council’s Traffic Engineers expressed concerns regarding the impact of traffic on the operation of Ross Street and Centre Dandenong Road, whilst VicRoads did not raise this as a concern, but did recommend that the proposed crossover to the site was relocated further away from the intersection of Ross Street and Centre Dandenong Road.

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The applicant has submitted a traffic report prepared by Traffix Group, dated March 2012, and additional traffic information from Traffix Group, dated 2 May 2012. The traffic report outlines the particular uses that will occur throughout a normal week, and the number of people that would be on the site for those activities. Monday to Saturday activities include prayer groups, meeting and bible study groups, with these activities generally involving up to 30 parishioners. Sunday service, religious festivals and special events such as weddings and funerals are expected to have up to (but no more than) 200 parishioners. The Sunday service is held between the hours of 9.00am and 11.00am. The submitted traffic report details traffic surveys undertaken 4.00pm – 6.00pm on Friday 24 February 2012 and 9.30am – 11.30am Sunday 26 February 2012. The survey found that the intersection of Ross Street and Centre Dandenong Road carried 42 vehicle movements on the Friday survey period and 20 vehicle movements on the Sunday survey period. Based on the uppermost number of people likely to be attending a church service, (200 people) and using the parking demand rate assessed by the Traffix Group, this could entail 62 vehicle movements on a Sunday. The submitted traffic information has provided a variety of data calculating the distribution of traffic arriving and departing the subject site in conjunction with existing traffic. The data assumes that all traffic will arrive and leave via Centre Dandenong Road rather than using Ross Street to travel north to Old Dandenong Road. The data also relates to a 30 minute departure time frame – which the applicant contends does not always reflect the departure habits from places of worship. The applicant contends that departures are sometimes staggered depending on other activities that might be occurring on the site after a Sunday service. Council’s Traffic Engineers have concerns that the saturation of vehicles leaving the site via Ross Street and the resultant delay in traffic moving through the intersection is too excessive. This relates to traffic departing after Sunday service and during the weekday evenings. As noted above the applicant’s traffic report contends that in reality there are a number of variances to the way that people arrive and depart, and the actual traffic conditions (with regard to available gaps in traffic) would lessen the impact that is represented in the relatively conservative data that has been presented to Council. On balance, it is accepted that in reality people leaving the site will make decisions about when they depart that are informed by any expected delay in traffic that will be experienced. It is also acknowledged that a number of people will also choose to exit Ross Street northward to Old Dandenong Road, and it is also considered that a number of people will choose to turn left rather than right onto Centre Dandenong Road if they expect delays for gaps in the traffic to allow them to do so. It is acknowledged that the conservative analysis provided in the traffic report is not dynamic, that it does not take into account the number of activities that can occur before and/or after Church services that result in a more staggered effect of arrivals and departures. Overall, it is acknowledged that the development will result in an increase in traffic. The most significant increase will generally be at times (such as Sunday morning) that are outside peak travel times. A number of conditions have been suggested by Council’s Traffic Engineers and VicRoads which would require that the proposed crossover on Ross Street is located towards the site’s northern boundary, the furthest it can be located from the intersection with Centre Dandenong Road to reduce the likelihood of traffic queuing on Centre Dandenong Road to turn into Ross Street. A

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condition is also recommended that the developer/owner pay to construct Ross Street for the length of the road up to and beyond the new crossover. These conditions are accepted as reasonable and are recommended to be included on any permit issued. In particular it is noted that whilst the construction of Ross Street is likely to cost a significant amount of money, the site’s location within a Green Wedge means that constraints exist around existing infrastructure, and that where an application seeks permission to use and develop a site, Council must consider the adequacy of infrastructure to service that use/development.

VicRoads have had an opportunity to review the applicant’s traffic report and additional traffic information prepared by the Traffix Group. They have not objected to the proposal or expressed concerns regarding traffic generation impacts on Centre Dandenong Road.

11.28 Clause 52.34 (Bicycle Facilities)

The relevant purpose of this Clause is “to provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities”. Pursuant to Clause 52.34, the proposal is required to provide for staff at the site 1 bicycle space to each 1500 square metres of net floor and for visitors to the site (members of the congregation) 2 bicycle spaces to each 1500 square metres of net floor area. The two buildings on the site would total 872.2 square metres of floor area, falling short of any requirement to provide bicycle parking facilities however it is proposed to provide four (4) spaces towards the northern boundary which is considered satisfactory. A condition is recommended, should a permit issue, to dimension the spaces and show that they would be secure and undercover.

11.29 Clause 52.36 (Integrated Public Transport Planning)

The objectives of this Clause are: To ensure development supports public transport usage. To ensure that easily accessible public transport networks, which are

appropriate to the scale of the development, and high quality public transport infrastructure are provided as part of new development.

To ensure that development incorporates safe, attractive and convenient pedestrian access to public transport stops.

To ensure that development does not adversely affect the efficient, equitable and accessible operation of public transport.

As previously discussed in section 10.2 of this report, the application was required to be referred to the Director of Public Transport who did not object or raise concerns regarding potential impacts on the provision of public transport around the subject site. If a permit were to be issued, the Director of Public Transport requires a permit condition to be included to ensure that the bus stop to the front of the site is not altered without prior consent. To assist in accessibility of the bus stop from the subject site, a shared user path is recommended to be constructed along the front of the site and plans were amended by the applicant to show a pedestrian path from the proposed car park area to the front boundary.

11.30 Clause 57 (Metropolitan Green Wedge Land)

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The key objectives of this section of the Scheme include:

Protect metropolitan green wedge land form uses and development that would

diminish its agricultural, environmental, cultural heritage, conservation, landscape, natural resource or recreation values; and

Ensure that the scale of use is compatible with the non-urban character of metropolitan green wedge land.

The proposed use is not one identified as prohibited under this Clause of the Scheme and therefore is considered a use that may be appropriate on the site. The proposal is considered to be an acceptable land use outcome for the subject site given its location on the edge of the Urban Growth Boundary, and the potential overall community benefit at a local and regional level. Further, the proposed development and use offers a suitable transition within the context of the surrounding land uses and its interface with a main road.

12.0 RESPONSE TO GROUNDS OF OBJECTIONS 12.1 The objector concerns have all been discussed in the assessment section above. 13.0 CONCLUSION: 13.1 Whilst the proposal is largely considered to be compliant with the applicable policies

and strategies relating to the Green Wedge, the application must be refused due to the objection to the proposal which has been received from Moorabbin Airport Corporation.

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8 Wren Road Moorabbin (Lot 4 on LP 050206) – Planning Permit Application No. KP-90/2012

Executive Summary for Planning Committee APPLICATION No: KP-90/2012 LAND: 8 Wren Road Moorabbin (Lot 4 on LP 050206) PLANNING OFFICER: Tanya Sokolowski PROPOSAL: Use the Land for the purpose of a Brothel PERMIT TRIGGER: Use the land for a brothel EXISTING SITE CONDITIONS: Single storey building APPLICANT: Melbourne Planning Pty Ltd ZONE / OVERLAYS: Industrial 1 Zone, Heritage Overlay (Schedule 122) POLICY AREA: Not applicable OBJECTIONS Nine (9)

1.0 DESCRIPTION OF PROPOSAL 1.1 It is proposed to retain the existing warehouse building on the site and make internal

alterations for the purpose of using the land for a six (6) room brothel. 1.2 The building would comprise a reception and sitting area, kitchen, laundry/store room,

client’s waiting room, a staff room and two staff rest areas and six (6) rooms which would be used to perform sexual services for clients. A large garage would be located to the rear of the site, accommodating five (5) car spaces, including one disabled parking space. Five (5) parallel parking spaces would be located along the site’s eastern side boundary. It is not proposed to alter the front façade of the building, with the existing dark coloured brick work to remain untouched. No signage is proposed.


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2.2 The site is located on the south side of Wren Road, with a frontage width of 23.53

metres, site depth (west boundary) of 65.23 metres and overall site area of 1254 square metres.

2.3 Existing on the site is a single storey warehouse building, containing a large

warehouse area, office, showroom and staff amenities. Access to the site is from a double width crossover located towards the site’s eastern side boundary. The accessway and car parking is to the east side of the building.

2.4 The surrounding area is developed primarily for industrial and warehouse purposes.

Karkarook Park is approximately 300 metres to the east of the site, and the nearest residential development is approximately 200 metres to the north.

3.0 KEY PLANNING CONSIDERATIONS 3.1 The key planning considerations relate to: (a) Appropriateness of the use on the subject site

Brothels are a permitted (Section 2) use within industrial areas. They are required to have sufficient buffer distances from more sensitive land uses such as residential areas and schools, which often results in them being located in industrial precincts. The application has demonstrated that the site satisfies the buffer requirements specified in the Sex Work Act 1994 and that it is able to limit any potential off-site amenity impacts, the proposal is therefore considered acceptable in the proposed location.

(b) Car parking

The Kingston Planning Scheme does not specify a particular parking rate for brothels. Parking must be provided to the satisfaction of Council. The application proposes ten (10) onsite parking spaces, with this provision assessed as adequate by Council’s Traffic Engineers. The proposed brothel is likely to have a greater parking demand after standard business hours, when any potential demand for on-street car parking will not be detrimental to surrounding properties. It is not anticipated that the proposal would generate an unreasonable traffic impact on the local road network, noting that Wren Road is readily accessible from Warrigal Road, an arterial road.

4.0 OBJECTOR CONCERNS 4.1 Nine (9) objections were received to the application. A summary of the concern and


(a) Potential for a cluster of brothels to occur in the area

Objectors raised concerns that approval of the proposed brothel would create a ‘cluster’ of brothels in the area.

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This issue was previously considered by the Victorian Civil and Administrative Tribunal with regard to the existing brothel at Bignell Road, approximately 730 metres from the subject site. In that decision, the Tribunal assessed the existing brothels in the area as being of sufficient distance from one another that they did not constitute a ‘cluster’. In this instance the proposed brothel would have a minimum distance of approximately 400 metres to the nearest existing brothel in Joel Court, with the remaining two being approximately 730 metres and 1200 metres distance away.

(b) Proximity of the site to other businesses that have children on-site

Objectors noted that a number of businesses in the street (and child care centres in the wider locality) have children on their premises.

The site is located within an Industrial 1 Zone, where brothel uses may be permitted. It is acknowledged that from time to time businesses will have children on their premises, however the requirements of the Planning Scheme and Sex Work Act 1994 limit the consideration of siting of brothels with regard to children by specifying a 200 metre setback to places such as schools, children’s services and other places regularly frequented for recreational or cultural activities. The Victorian Civil and Administrative Tribunal has considered this issue with regard to industrial areas in a number of cases, and concluded in Hepner v Campaspe SC (Red Dot) [2007] VCAT 2122, that “the relationship between children within the industrial area and a brothel on the subject land would themselves be incidental or ephemeral, and would not be of the type which would render the subject land and [sic] inappropriate location for a brothel”.

(c) Parking and traffic concerns

Concerns were expressed regarding the sufficiency of parking on the site and the potential for a detrimental traffic impact. See section 3.1 above for discussion.

(d) Neighbourhood character and heritage concerns

Objectors noted that the advertised plans proposed changes to the front façade of the building and the potential for the proposal to disregard heritage requirements that apply. After the application was advertised, and objections and Council’s referral comments regarding heritage matters were forwarded to the applicant for consideration, the applicant amended the plans. The amendments sought to delete any external works to the front façade. The heritage overlay which applies to the site, notes that the place of significance relates to the site’s front setback and front façade. The proposal as it stands is consistent with the heritage protections which apply to the site. A condition is recommended to provide landscaping to the front setback which is currently a grassed area. The landscaping would be required to be low in height, with a variety of ground covers and small shrubs in order to retain visible connection between the site and the street.

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planning considerations is provided in the main body of this report, where it is found to comply with the planning scheme requirements and result in an acceptable outcome on the site.



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RECOMMENDATION That Council determine to support the proposal and issue a Notice of Decision to Grant a Permit to Use the Land for the purpose of a Brothel at No. 8 Wren Road Moorabbin (Lot 4 on LP 050206), subject to the following conditions:

1. Before the use 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 substantially in accordance with the plans submitted to Council on 1 August 2012, but modified to show:

a. the provision of a landscape plan and associated planting schedule for the site’s front setback showing the proposed location, species type, mature height and width, pot sizes and number of species be planted on the site, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

i. an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site. The schedule must be shown on the plan;

ii. the delineation of all garden beds, paving, grassed areas, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;

iii. a range of plant types from ground covers to small shrubs, excluding trees and tall plantings;

iv. medium shrubs provided in pot sizes of 200mm or greater; and

v. the provision of a notation on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

b. the location of all external and security onsite lighting;

c. consistency between the floor plan and proposed east elevation with regard to the location of windows, treatment of the roller shutter door and proposed pedestrian door; and

d. car space numbered ‘1’ within the garage nominated as a disabled car space, and the disabled car park notation deleted from car space numbered ‘5’, with the space dimensions to accord with the requirements of Clause 52.06-5 of the Kingston Planning Scheme.

Endorsed Plans

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

Operation of the site

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3. The use must not commence until a licence is granted under the Sex Work Act 1994.

4. The use may only operate between the hours of 10.00am and 3.00am daily.

5. No more than six (6) rooms within the building may be used for the purpose of prostitution.

6. No more than eight (8) sex workers may be present on the site at any one time and no more than two (2) managerial/receptionist staff may be on the site at any one time.

7. No alcohol must be stored or consumed on the premises at any time.

Completion of Works

8. Prior to the commencement of the use hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. Thereafter, the landscaping shall be maintained to the satisfaction of the Responsible Authority.

Car Parking and Lighting

9. The car parking space for disabled persons designated on the endorsed plans must be clearly set aside for such a purpose and must not be used for any other purpose.

10. The car parking area must be lit if in use during hours of darkness, and all lights must be designed, and fitted with suitable baffles and located to prevent any adverse effect on adjoining land, to the satisfaction of the Responsible Authority.

Amenity Conditions

11. The site must be kept in a neat and tidy condition at all times, to the satisfaction of the Responsible Authority.

12. The amenity of the area must not be detrimentally effected by the use or development on the land, including through the:

a. Transport of materials, goods or commodities to or from the land,

b. Appearance of any building, works or materials,

c. Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil,

d. Presence of vermin, or

e. Adverse behaviour of patrons to or from the premises.

to the satisfaction of the Responsible Authority.

Time Limits


The use does not start within two (2) years from the date of permit issue.

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The use is discontinued for a period of two (2) years.




OR In the event that Council wishes to oppose the application, it can do so using the following ground:

1. The proposal fails to provide adequate car parking to meet likely demand, failing to satisfy the objectives of Clause 52.06 of the Kingston Planning Scheme.


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2.0 RELEVANT LAND HISTORY

APPLICANT Melbourne Planning Pty Ltd

ADDRESS OF LAND 8 Wren Road Moorabbin (Lot 4 on LP 050206)


Lot 4 on LP 050206

PROPOSAL Use the Land for the purpose of a Brothel

PLANNING OFFICER Tanya Sokolowski


ZONE Industrial 1 Zone

OVERLAYS Heritage Overlay (Schedule 122)

OBJECTIONS Nine (9)


1 August 2012


No

2.1 Council records indicate that there is no relevant planning history relating to this site. 3.0 SITE PARTICULARS 3.1 The site is located on the south side of Wren Road, with a frontage width of 23.53

metres, site depth (west boundary) of 65.23 metres and overall site area of 1254 square metres.

3.2 Existing on the site is a single storey warehouse building, containing a large

warehouse area, office, showroom and staff amenities. Access to the site is from a double width crossover located towards the site’s eastern side boundary. The accessway and car parking is to the east side of the building.

3.3 The land has a fall from the south-west corner to the north-east corner of

approximately 1.41 metres. A 2.44 metre wide drainage and sewerage easement extends along the rear southern boundary. There appears to be no restrictions listed on the Certificate of Title.

4.0 SURROUNDING ENVIRONS 4.1 The surrounding area is predominantly developed for industrial and warehouse

purposes. Development in Wren Road is generally small to medium sized buildings, some of which have been subdivided into smaller lots, such as adjoining the site to the west at No. 6 Wren Road, and further west at No. 2 Wren Road. Buildings on Wren Road are typified by brick wall materials and often flat roof forms.

4.2 Abutting the site to the east at No. 8 Wren Road is a meat wholesaler, to the west at

No. 6 Wren Road are five tenancies located within a building. No. 1/6 Wren Road, with frontage to the street is occupied by South East Motorcycles. A notable number

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of motor vehicle related businesses operate within Wren Road. To the rear of the site is an electrical substation, at No. 495-503 Warrigal Road.

4.3 Wren Road is a no through road; however pedestrian access is possible, through to

Joel Court at the west end of Wren Road. Karkarook Park is approximately 300 metres to the east of the site, and the nearest residential development is approximately 200 metres to the north.

5.0 PROPOSAL 5.1 It is proposed to retain the existing warehouse building on the site and make internal

alterations for the purpose of using the land for a six (6) room brothel. 5.2 The business is proposed to operate between the hours of 10.00am and 3.00am

daily. It is anticipated that during peak times there would be 8 sex workers on the site, along with a receptionist and either the business owner or manager.

5.3 The building would comprise a reception and sitting area, kitchen, laundry/store room,

client’s waiting room, a staff room and two staff rest areas and six (6) rooms which would be used to perform sexual services for clients. A large garage would be located to the rear of the site, accommodating five (5) car spaces, including one disabled parking space. Five (5) parallel parking spaces would be located along the site’s eastern side boundary.

5.4 It is not proposed to alter the front façade of the building, with the existing dark

coloured brick work to remain untouched. No signage is proposed at this stage. 6.0 PLANNING PERMIT PROVISIONS

Zone 6.1 Industrial 1 Zone: Pursuant to Clause 33.01-4 a permit is required to use the land for

the purpose of a brothel.

Overlay 6.2 Pursuant to Clause 43.01 (Heritage Overlay Schedule 122), a Planning Permit is

required to construct a building or construct and carry out works, and to alter external paint colours. Schedule 122, applying to Wren Road, specifies external paint controls apply. The heritage place is the front setback from Wren Road, including the façade of the factories. Schedule 122 does not apply internal alterations controls, and as the application does not propose external alterations, the application does not trigger a permit under the Heritage Overlay.


6.3 Clause 52.46 (Brothels) is applicable. A permit for a brothel must include a condition that specifies that the use or development must not commence until a licence is granted under the Prostitution Control Act 1994 now renamed to the Sex Work Act 1994.

General Provisions

6.4 The Decision Guidelines of Clause 65 of the Kingston Planning Scheme are relevant to this application and require consideration to be given to a variety of matters

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including planning scheme policies, the purpose of the zone, orderly planning and the impact on amenity.


Clause 11 Settlement Clause 17 Economic Development

7.2 Local Planning Policy Framework (LPPF) Clause 21.06 Retail and Commercial Land Use Clause 21.07 Industrial Land Use


owners and occupiers and by maintaining a notice on site for fourteen (14) days. Nine (9) objections to the proposal were received. The grounds of objection raised are summarised as follows:

Potential for a cluster of brothels to occur in the area Proximity of the site to other businesses that have children on-site Parking and traffic concerns Concern that existing industrial businesses will receive noise complaints

from the subject site Neighbourhood character and heritage concerns

8.2 The following objections raised are not able to be considered within the scope of the Planning and Environment Act 1987:

Potential anti-social behaviour Devaluation of property Moral/religious beliefs Personal beliefs

9.0 PRELIMINARY CONFERENCE 9.1 A preliminary conference was held on 17 June 2012 with the relevant Planning

Officer and objectors in attendance. The permit applicant elected not to attend the meeting on the basis that changes to the application would not be able to be made to alleviate objector concerns. The above-mentioned issues were discussed at length.


the objections still stand. 10.0 SECTION 57A – AMENDMENT TO PLANS

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9.1 Following advertising the Permit Applicant lodged amended plans on 1 August 2012, pursuant to Section 57A of the Planning and Environment Act 1987 the amended plans incorporated the following changes:

Deletion of all proposed works including a canopy, timber cladding, signage

and render to the facade. The application proposes that the front façade will remain untouched.

9.2 The changes to plans were considered to be relatively minor and do not alter the

overall substance of the proposal, therefore it was determined that the amended application did not require re-advertising. It is these plans that form the basis of this recommendation and are described at section 4 of this report.

11.0 REFERRALS 11.1 The application was referred to the following internal departments:

Council’s Traffic Engineer – raised no objection to the application, with some recommendations made regarding disability access requirements and external lighting for the accessway and external parking area.

Council’s Heritage Advisor – who commented on the original plans which proposed alterations of the front façade, it was recommended that the proposed cladding be reconsidered by the applicant. Plans have deleted all proposed alterations to the front façade.

Council’s Health Department – raised no objection to the application. 12.0 PLANNING CONSIDERATIONS: 12.1 State Planning Policy Framework 12.2 The State Planning Policy Framework sets out the relevant state-wide policies for

residential development at Clause 11 (Settlement) and Clause 17 (Economic Development). Essentially, the provisions within these clauses seek to achieve the fundamental objectives and policy outcomes sought by the Metropolitan Strategy – ‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have been removed from an individual clause and integrated throughout the State Planning Policy Framework.

12.3 Clause 11 (Settlement) seeks to ensure that a sufficient supply of land is available for

housing, employment, recreation and open space, commercial and community facilities and infrastructure.

12.4 Clause 17 (Economic Development) is geared towards providing a strong and

innovative economy. Clause 17.01-1 (Business) encourages development which meets the community’s needs for retail, entertainment, office and other commercial services and provides a net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

12.5 Clause 17.02 - Industry outlines the strategies and objectives to be considered to

ensure the availability of land for industry and that development is appropriately located.

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Relevant strategies to achieve this objective include:

- Protect and carefully plan existing industrial areas to, where possible, facilitate further industrial development.

- Provide an adequate supply of industrial land in appropriate locations including sufficient stocks of large sites for strategic investment.

- Protect industrial activity in industrial zones from the encroachment of unplanned commercial, residential and other sensitive uses which would adversely affect industry viability.

- Encourage industrial uses that meet appropriate standards of safety and amenity to locate within activity centres.

- Avoid approving non-industrial land uses, which will prejudice the availability of land for future industrial requirements, in identified industrial areas.

12.6 It is submitted that the proposed development satisfies the aforementioned State strategies and policy direction. Specifically, the subject site is located on land which is suitable for a commercial purpose. The proposals location in an industrial area is considered acceptable as a way to balance community concern and perceptions with regard to brothels and proximity to sensitive land uses such as residential areas.

12.7 Local Planning Policy Framework 12.8 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 Kingston Planning Scheme.

12.9 The strategic framework plan at Clause 21.04 Vision identifies the site as being

situated within the designated urban area. The site is located in an area serviced with existing infrastructure and access to Warrigal Road, an arterial road.

12.10 Clause 21.06 Retail and Commercial Land Use recognises the importance of viable

commercial and retail activity within the municipality. This Clause is broken into six (6) key objectives; however these policies primarily focus on activity centres, restricted retail goods and commercial office supply.

12.11 Clause 21.07 Industrial Land Use of the Scheme requires the provision of a broad

range of industrial uses and buildings throughout the municipality. Of particular relevance to this application is the recognition that new investment and redevelopment is sometimes required in Kingston’s older industrial areas.

12.12 It is considered that the proposed development generally complies and satisfies the State and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing in appropriate locations.

12.13 Zoning Provisions The objectives of Clause 33.01 – Industrial 1 Zone are:

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

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To provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.

It is recognised that in the assessment of a ‘non-industrial’ type use within an

Industrial Zone, regard needs to be given to the potential to erode the integrity of industrial areas and have potential amenity impacts on surrounding uses. Brothels are required to be located with sufficient buffers from sensitive land uses such as residential areas, resulting in many being located within industrial areas. On balance, the proposed brothel location within an industrial area that is able to reasonably limit either perceived or real impacts on more sensitive land uses is considered appropriate. Concerns raised by objectors noted that children are often present at businesses in the area, however this issue has been considered by the Victorian Civil and Administrative Tribunal, and brothel uses in industrial areas are in principle an acceptable proposition, despite any incidental relationship between children in proximity to the site.

It is considered unlikely that the proposal will have a detrimental impact on

surrounding properties with regard to noise, and the application has demonstrated that the proposal will provide adequate car parking (see below for further car parking discussion at Section 12.25). The peak hours of operation of the premises will generally be outside the standard business hours of other premises in Wren Road.

Some objectors were concerned that the operation of their respective businesses

might impact on the subject site, and in turn elicit noise complaints. The site is located within an established industrial area, where it is acknowledged that expectations with regard to noise are within this context. There is limited scope therefore, for the operators of the proposed brothel to complain of noise impacts on a premise located within the industrial zone.

Further consideration of any potential amenity impacts with regard to the

requirements specified by the Sex Work Act 1994 are discussed below. 12.14 Overlay Provisions

12.15 The subject site is located within a Heritage Overlay (Schedule 122). 12.16 The purpose of this Overlay is to:

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

12.17 The proposal does not entail external alterations, and is therefore exempt from requiring a permit pursuant to the requirements of this Overlay.

12.18 Particular Provisions

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12.19 Clause 52.06 (Car Parking) does not specify a parking rate for Brothels, therefore pursuant to Clause 52.06-5, car parking must be provided on the site to the satisfaction of Council. A total of ten (10) spaces are proposed to be provided on the site, with five spaces located external to the building along the site’s eastern side boundary and another five spaces located within a large garage (including one disabled car space). There is scope to provide a number of additional tandem car spaces within the garage if required.

12.20 With regard to the total number of staff onsite and number of rooms proposed for

sexual services, the provision of car parking is deemed adequate. It is customary that sex workers are often driven to work, placing less demand on on-site staff parking. Some objectors raised concerns that the provision of car parking is inadequate and will therefore result in unreasonable impacts on on-street parking; however it is considered that the overall capacity of the site is not such that it is expected that parking demand would exceed what can be provided. Council’s Traffic Engineers have assessed the proposed parking provision as adequate, noting that the site is most likely to have the greatest parking demand after standard business hours, when it is considered that any overflow parking to the street would not have a detrimental impact on surrounding properties. It is considered appropriate however, to limit the number of staff present on the site at any one time to ensure that demand on parking is minimised throughout the day.

12.21 The dimensions of the car parking spaces (and the accessway) located along the

site’s eastern boundary are consistent with the design standards contained within Clause 52.06-8. Car spaces within the garage are provided with dimensions which exceed the requirements of the design standards. The garage is large and is able to accommodate the five car spaces, and the proposed disabled car space. It is recommended that the disabled car space is relocated to be adjacent to the building pedestrian entry for better accessibility.

12.22 Clause 52.46 (Brothels) contains the following objective:

“To provide consistent planning controls for the establishment and expansion of brothels throughout Victoria coordinated with the provisions of the Prostitution Control Act 1994”

12.23 Whilst there is no specific permit trigger with regards to the proposal under this section of the Scheme, it does state that “Responsible Authorities should consider the matters set out in Section 73 of the Prostitution Control Act 1994 before deciding on an application to use or develop land for a brothel”.

12.24 It is noted that the Prostitution Control Act 1994 was changed to the Sex Work Act

1994 on 1 November 2010. The Sections of the previous Act remain unchanged. Section 73 of the Act outlines the matters which must be considered by the Responsible Authority when assessing an application for a use or development of land for the purposes of a brothel, including the amenity of the neighbourhood and the provision of off-street parking.

12.25 Section 73 of the Sex Work Act 1994 states:

“73 Matters to be considered by responsible authority

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Without limiting section 60 of the Planning and Environment Act 1987, before deciding on an application for a permit for a use or development of land for the purposes of the operation of a brothel, the responsible authority must consider— (a) any other brothel in the neighbourhood; (b) the effect of the operation of a brothel on children in the neighbourhood; (c) except in the case of land within the area of the City of Melbourne bounded

by Spring, Flinders, Spencer and LaTrobe Streets, whether the land is within 200 metres of a place of worship, hospital, school, kindergarten, children's services centre or of any other facility or place regularly frequented by children for recreational or cultural activities and, if so, the effect on the community of a brothel being located within that distance of that facility or place;

(d) other land use within the neighbourhood involving similar hours of operation and creating similar amounts of noise or traffic (including pedestrian traffic);

(e) any guidelines about the size or location of brothels issued by the Minister administering the Planning and Environment Act 1987;

(f) the amenity of the neighbourhood; (g) the provision of off-street parking; (h) landscaping of the site; (i) access to the site; (j) the proposed size of the brothel and the number of people that it is proposed

will be working in it; (k) the proposed method and hours of operation of the brothel.”

12.26 With regard to these matters at Section 73 of the Prostitution Control Act 1994, the

following comments are made:

(a) any other brothel in the neighbourhood:

There appear to be three other known legal brothels that have been referred to by objectors and the applicant. These are located within Bignell Road, Keys Road and Joel Court. The closest brothel in Joel Court is approximately 400 metres to the west of the subject site, Bignell Road is approximately 730 metres south-west from the site and Keys Road is approximately 1200 metres south-west from the site. These distances are measured as the crow flies, with walking or driving distances likely to be further. The issue of ‘clustering’ in this particular industrial precinct was previously considered by the Victorian Civil and Administrative Tribunal in Synanidis v Kingston CC [1999] VCAT 1442 (31 August 1999) with regard to the brothel in Bignell Road. The Tribunal determined that the distances between the proposed brothel in Bignell Road and the two existing brothels in Keys Road and Joel Court was insufficient to amount to a cluster of brothels. The Tribunal also considered whether the proposal in that instance would lead the precinct to develop a reputation as a ‘red light district’, with this contention relying in part on the area becoming a preferred location for brothels, where other industrial areas remain free of brothels. Whilst this current application proposes another brothel in this particular industrial area, it is noted that a number of brothels exist throughout the municipality, primarily in industrial zoned areas. The industrial area in which the subject site is located is extensive. The distance between the proposed brothels and existing brothels in the area are

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such that they are not generally within walking distance. The proximity of other brothels therefore, is not considered to be a ground of refusal.

(b) the effect of the operation of a brothel on children in the neighbourhood: The site is located within an industrial area. It is recognised that industrial areas are an appropriate locality in which brothels may be sited, whilst also understanding that children may be present at businesses within the area. The consideration of the impact of brothels located in industrial areas, where children may also frequent has been considered by the Victorian Civil and Administrative Tribunal, and has been deemed to be acceptable (see Hepner v Campaspe SC (Red Dot) [2007] VCAT 2122). There needs to be an established ‘connectedness’ between the brothel and the place frequented by children. There is no direct link between this site and a residential area, there is a distinct separation between this industrial area and any residential areas, with Wren Road having a very apparent quality which sets it apart from areas in which children can expect to be frequent users of space for recreational or cultural activities. The site is therefore considered to be appropriate.

(c) except in the case of land within the area of the City of Melbourne bounded by Spring, Flinders, Spencer and LaTrobe Streets, whether the land is within 200 metres of a place of worship, hospital, school, kindergarten, children's services centre or of any other facility or place regularly frequented by children for recreational or cultural activities and, if so, the effect on the community of a brothel being located within that distance of that facility or place: The site has adequate buffers to residentially zoned land. When measured ‘as the crow flies’ the nearest residential land is approximately 200 metres to the north of the site. However the distance is required by the Act to be measured by ‘any route which reasonably may be used in travelling’. This would place the nearest dwellings at a further distance due to the route which must be taken. Measured using the route taken to the intersection of South Road and Warrigal Road in order to utilise traffic lights, this would equate to approximately 488 metres. A child care centre is located on the north side of South Road (outside of Kingston City Council boundaries), and this site too would be further than 200 metres in walking distance – approximately 360 metres if travelling north along Kingsway and crossing South Road. Karkarook Park is located approximately 300 metres to the east of the site, on the east side of Warrigal Road. The proposed location is considered acceptable with regard to the above requirement.

(d) other land use within the neighbourhood involving similar hours of operation and creating similar amounts of noise or traffic (including pedestrian traffic):

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It is anticipated that the proposed brothel would have a peak operating period after standard business hours, which is different from the predominant operating hours of industrial type uses within the street. It is acknowledged that some premises may entail shift work, however this is not considered to be a significant factor in determining the application.

(e) any guidelines about the size or location of brothels issued by the Minister administering the Planning and Environment Act 1987: There are no guidelines additional to those found within the Kingston Planning Scheme and discussed in this report.

(f) the amenity of the neighbourhood:

As discussed above, the site is located within an establishing industrial area, the times that the brothel would be most active would be after standard business hours. Given the zoning of the site and surrounding land, it is considered to be an appropriate location for a brothel, and it is considered that the use would not be detrimental to the amenity of the neighbourhood.

(g) the provision of off-street parking:

The Car Parking table at Clause 52.06-5 does not specify a car parking ratio for the use of land for a Brothel. See car parking discussion starting at section 12.25 of this report.

(h) landscaping of the site:

A landscaping plan was not submitted with the application, however the applicant has indicated that they would be consider a permit condition for landscaping to the front of the site to be appropriate. A permit condition is recommended to provide a range of ground covers and small shrubs to the front setback, ensuring that the front garden remains open and retains a good visible connection between the private and public realm. This is considered both a good outcome from a safety perspective, and will not impact on the significance of the heritage place, being the front setback and the building’s front façade.

(i) access to the site: The site will be accessed via the existing double width crossover which is located towards the site’s eastern side boundary. A driveway extends along the building’s eastern side, and is of sufficient width to accommodate the proposed parallel parking and access to the garage. The site’s location within an industrial zone, and its lack of proximity to fixed rail public transport render the site unlikely to receive notable pedestrian traffic. The majority of visitors to the site will drive, with Wren Road accessed from Warrigal Road.

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(j) the proposed size of the brothel and the number of people that it is proposed will be working in it:

The brothel is proposed to have six (6) rooms for the provision of sexual services. The applicant has stated that not more than eight (8) sex workers would be on the site during peak times (allowing for rotation of staff during a shift), one receptionist and either the manager or the owner. A part-time cleaner would be employed to clean the premises. Potentially a total of eleven people could be on the site. The number of rooms proposed and staffing levels are considered reasonable, and within the scope allowed by the Sex Work Act 1994 – with regard to the number of rooms proposed.

(k) the proposed method and hours of operation of the brothel: The proposed brothel would operate between the hours of 10.00am and 3.00am the following day, 7 days a week. It is anticipated that peak times will occur at night, outside of standard business hours. The brothel is proposed to operate via bookings, with bookings generally being for a one hour period with a sex worker. A condition is recommended to limit use of the site to the hours that have been specified by the applicant.

12.27 Clause 74 of the Sex Work Act 1994 states: “74 Restriction on granting of permits

(1) The responsible authority must refuse to grant permit for a use or development of land for the purposes of the operation of a brothel if— (a) the land is within an area that is zoned by planning scheme as being

primarily for residential use; or (b) the land is within 100 metres or, in the case of land within the area of

the City of Melbourne bounded by Spring, Flinders, Spencer and LaTrobe Streets, 50 metres of a dwelling other than a caretaker's house; or

(c) except in the case of land within the area of the City of Melbourne bounded by Spring, Flinders, Spencer and LaTrobe Streets, the land is within 200 metres of a place of worship, hospital ,school, kindergarten, children's services centre or of any other facility or place regularly frequented by children for recreational or cultural activities; or

(d) unless there exists special circumstances as set out in guidelines issued by the Minister administering the Planning and Environment Act 1987, more than 6 rooms in the proposed brothel are to be used for prostitution.

(2) For the purposes of subsection (1) distances are to be measured according to any route which reasonably may be used in travelling.

(3) Despite section 71, in this section development does not include— (a) the exterior alteration or exterior decoration of a building; and (b) the demolition or removal of a building or works.”

12.28 With regard to the above restrictions, the following comments are made:

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The land is within an Industrial 1 Zone, and not within an area primarily for residential use.

So far as Council is aware, the land is not within 50 metres of a dwelling. The land is not within 200 metres of a place of worship, hospital, school,

kindergarten, children’s services centre of other facility frequented by children. There are no more than six (6) rooms in the brothel available for use for

prostitution. A condition of permit will further specify and restrict this. 13.0 RESPONSE TO GROUNDS OF OBJECTIONS 13.1 The objector concerns have been addressed throughout the assessment and in the

Executive Summary with regard to the appropriateness of the use within an industrial area, car parking and traffic, potential noise complaints, children visiting businesses in the industrial precinct, proximity to other brothels and heritage concerns.

13.2 It is noted that there is limited consideration or discussion regarding the heritage

overlay which applies to the subject site, as the proposal does not entail external buildings and works which would require a permit under this overlay.



The compatibility of the design and siting with the surrounding area; The mitigation of off-site amenity impacts; and A suitable level of compliance with all relevant policies, including Clause 52.46 of

the Kingston Planning Scheme.

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No. 9 (Lot 1 on LP2701) Lower Dandenong Road, Mentone – Planning Permit

Application No. KP-17/2012

Executive Summary for Planning Committee Meeting APPLICATION No: KP-17/2012 LAND: No. 9 (Lot 1 on LP2701) Lower Dandenong Road

Mentone PLANNING OFFICER: Jeremy Hopkins PROPOSAL: Develop the land for construction of three (3) dwellings PERMIT TRIGGER: Construct two or more dwellings on a lot EXISTING SITE CONDITIONS: Single storey dwelling APPLICANT: Ardcon Architectural Design & Building Consultants ZONE / OVERLAYS: Residential 3 Zone RESIDENTIAL POLICY AREA: Incremental Housing Change OBJECTIONS: Two (2)

1.0 DESCRIPTION OF PROPOSAL 1.1 The application seeks to develop the land for the construction of three (3) double-

storey dwellings. Each dwelling incorporates a separate driveway and crossover accessed from Levanto Street, with greater than 68m2 of secluded private open space to the rear.


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2.2 The site is located on the northeast intersection of Lower Dandenong Road and

Levanto Street, Mentone. The site is generally rectangular in shape with a frontage to Lower Dandenong Road of 20.12 metres, and a side frontage to Levanto Street of

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40.23 metres, resulting in a site area of 809.62m2. It currently contains a single storey, triple fronted cream brick dwelling and associated cream brick double garage with access from Levanto Street. The existing dwelling on the land enjoys a 6.524 metre front setback to Lower Dandenong Road, and a 2.569 metre side setback to Levanto Street.

The land is generally flat and is notable for its two (2) Norfolk Island Pines located to the rear northern boundary of the subject site. A cream brick front fence sweeps around both frontages of the subject site reducing in height from approximately 1.7 metres fronting Levanto Street to approximately 500mm fronting Lower Dandenong Road.

2.3 The surrounding area generally comprises of detached single-storey brick veneer

dwellings constructed in the post World War II period. Hipped and gabled roof forms and low frontage fencing is symbolic of the streetscape consistent with the 1950’s/1960’s neighbourhood character of the area. The streetscape contains established front gardens with a variety of vegetation types and heights. The vicinity has seen recent new developments comprising medium density housing in double-storey form, notably opposite the subject site at 7 Lower Dandenong Road where two (2) double-storey dwellings have recently been constructed.

3.0 KEY PLANNING CONSIDERATIONS 3.1 The key planning considerations relate to: (a) Neighbourhood Character

The subject site is located within a predominately residential area where allotment sizes are generally consistent with the 1940’s/1950’s cartilage of ± 20m frontages and ± 40m depths. Housing is generally single storey and orientated towards the street with complex hipped roof designs clad with tiles and generally cream brick walls or lightly coloured weatherboards. Most dwellings contain low to medium front fencing and are set back approximately 7 metres from Lower Dandenong Road or Levanto Street, with side setbacks dependent on the location of the driveways, which typically run down the side of the properties to garages & carports located to the rear of the dwellings.

Both Lower Dandenong Road and Levanto Street have seen incremental housing change, with medium density single-storey units constructed during the 1980’s and double-storey units constructed more recently. To the south of Lower Dandenong Road are commercial premises containing restricted retail outlets and take-away food premises.

The design response is considered to be appropriate to the site and respects the existing neighbourhood character of the area. The three (3) new double storey dwellings would include hipped roofing and materials consistent with the neighbourhood character of the area, and would be well articulated to prevent any unreasonable bulk or mass. The proposed dwellings would contain window forms, eave overhangs, and balcony elements all consistent with those found within the vicinity. Furthermore, the proposed dwellings are considered to be similar in height, form and style to the recently constructed

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double-storey dwellings located opposite the subjects site at 7 Lower Dandenong Road.

(b) Residential Policy

The Residential policy objective seeks to ensure that any proposed development accords with the relevant State and Local Planning Policy Framework. An assessment against Kingston’s MSS and Residential Development Policy has been provided at section 11.2 of this Report, with the proposal found to be consistent with the approach of encouraging gradual or incremental housing change, whilst supporting the principles of urban consolidation, housing choice, and encouraging new residential development to positively respond to neighbourhood character.

Further to the assessment at section 11.2, as the Site is located within a Residential 3 Zone, Clause 22.11 seeks to manage development pressures by instituting a requirement to achieve averaged lot sizes within Incremental Housing Change Areas.

To achieve this, Council’s Strategic Planning Department undertook a study across the municipality in 2003 (Kingston Neighbourhood Character Study) to identify any emerging patterns with regard to average lot sizes. As such, six (6) areas were identified within the municipality, each having their own ‘average lot size’ calculation.

The subject site is identified within Area 2 of this study. The average lot size within this area has been calculated to be 613.1m2, which results in a suggested development density of 1 dwelling per 306.55m2. As the site has an overall site area of 809.62m2 the development density would be calculated at 1 dwelling per 269.87m2. Although the proposal does not meet this strategy, it is considered that the development proposes an appropriate number of dwellings on this site as demonstrated by its overall compliance with ResCode and the Schedule to the Residential 3 Zone requirements. Further, the proposal is deemed appropriate as each dwelling would enjoy private open space greater than 68m2 with total site coverage of 45.78% and permeable surfaces of 46.42% easily meeting the requirements of the Kingston Planning Scheme, with ample opportunity to provide landscaping.

(c) Street setbacks

The standard requires that where the site is on a corner and there is an

existing building on the abutting allotment facing the front street, the minimum setback applicable is the same setback as the front wall of the existing building or 9 metres, whichever is the lesser. The minimum setback to the side street is the same setback of the front wall of the existing building or 3 metres, whichever is the lesser. In this instance the proposed development would be set back 6.99 metres from Lower Dandenong Road whereas the abutting building is set back 7.497 metres resulting in a variation of 0.507 metres; and set back 3.27 metres from Levanto Street whereas the abutting building is set back 6.224 metres resulting in a variation of 2.954 metres.

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The street setback objective pursuant to Clause 55.03-1 of the Kingston Planning Scheme is to ensure that the setback of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site. In this instance the proposed setbacks are considered reasonable for the following reasons:

the existing dwelling on the subject site enjoys a current front road

alignment setback of 6.524 metres to Lower Dandenong Road and 2.569 metres setback to Levanto Street, being less than the proposed 6.99 metre setback to Lower Dandenong Road and 3.27 metre setback to Levanto Street;

whilst the abutting property to the east of the subject site at 11

Dandenong Road is setback 7.497 metres, the following two (2) properties at 12 & 13 Lower Dandenong Road are setback less than the proposed 6.99 metre setback at 6.236 metres and 6.252 metres respectively. Furthermore, the recently constructed dwelling at 7 Dandenong Road is setback also lesser than the proposed 6.99 metre setback at 5.478 metres; and

the proposed 3.27 metre setback to Levanto Street is considered to be

consistent with the reduced setback of the recently constructed two (2) double-storey dwellings at 7 Lower Dandenong Road of 2.798 metres.

Therefore it is considered that the variation to the frontage and side setback requirements combined with the articulated design of the proposed dwellings resulting in the efficient use of the site ensuring that the proposed development is considered to comply with the decision guidelines and objectives of Clause 55.03-1 of the Kingston Planning Scheme.

4.0 OBJECTOR CONCERNS 4.1 Two (2) objections were received to the application. A summary of the concern and


(a) Removal of the two (2) existing Norfolk Island Pines

The proposal seeks the removal of the existing two (2) Norfolk Island Pines located on the northern boundary of the subject site. Concern was raised about the removal of these trees as they are considered by the objector to support local fauna and contribute towards preventing global warming through absorbing air pollutants and improving air quality.

Unfortunately, advice from Council’s Vegetation Management Officer suggests that the two (2) large Norfolk Island Pines have overgrown their location and the root system has lifted the neighbouring driveway at Unit 2 – 2 Levanto Street, Mentone. Furthermore, a Local Law Permit to Remove Trees (Ref. PT-403/2012) was issued on 25 July 2012 for both trees to be removed.

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(b) Potential for overlooking

Concern was raised that the double-storey design of the three (3) dwellings would result in the potential for overlooking into the adjoining secluded private open space and habitable room windows at 11 Lower Dandenong Road, Mentone. The proposal is considered to comply with Standard B22 of Recode with all first floor windows located within 9 metres of any adjoining secluded private open space or habitable room windows being screened to prevent any opportunity for overlooking.



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RECOMMENDATION That Council determine to support the proposal and issue a Notice of Decision to Grant a Permit to develop the land for construction of three (3) dwellings at No. 9 Lower Dandenong Road Mentone, subject to the following conditions: 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 substantially in accordance with the plans submitted to Council on 10 May 2012, but modified to show:

a) the provision of a landscape plan in accordance with the submitted development plan and the City of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitably qualified landscape professional and incorporating:

i. an associated planting schedule showing the proposed location, species type, mature height and width, pot sizes and number of species to be planted on the site. The schedule must be shown on the plan;

ii. the delineation of all garden beds, paving, grassed areas, retaining walls, fences and other landscape works including areas of cut and fill throughout the development;

iii. all existing trees on the site and within three (3) metres to the boundary of the site on adjoining properties, accurately illustrated to represent actual canopy width and labelled with botanical name, height and whether the tree is proposed to be retained or removed;

iv. a range of plant types from ground covers to large shrubs and trees;

v. adequate planting densities (e.g. plants with a mature width of 1 metre, planted at 1 metre intervals);

vi. the provision of two (2) suitable medium sized (at maturity) canopy trees within the front setback of dwelling 1 (facing Lower Dandenong Road) and one (1) small (at maturity) tree within the front setback of each dwelling (facing Lavento Street) and one (1) small (at maturity) tree within the private open space area of each dwelling, with all species chosen to be approved by the Responsible Authority;

vii. sustainable lawn areas and plant species taking current water restrictions into consideration;

viii. all trees provided at a minimum of two (2) metres in height at time of planting;

ix. medium to large shrubs to be provided at a minimum pot size of 200mm; and

x. the provision of notes on the landscape plan regarding site preparation, including the removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation and any specific maintenance requirements.

b) the provision of a minimum 2000 litre rainwater tank clearly nominated for each new dwelling with water re-use for toilet flushing;

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c) the guttering pertaining to the garage wall of Dwelling 3 located on the northern boundary of the subject site nominated as being contained wholly within the title property boundary of the subject land;

d) the double garage to Dwelling 1 reduced in length to 6 metres to increase the driveway depth so as to be able to accommodate the parking of a vehicle wholly within the driveway and not protruding onto the footpath; and

e) the provision of 6 cubic metres of externally accessible secure storage space to each of the three (3) dwellings.

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

3. Prior to the occupation of the dwellings hereby permitted, the landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority. The landscaping must then be maintained to the satisfaction of the Responsible Authority.

4. Prior to the occupation of the dwellings hereby permitted, all buildings and works and the conditions of this permit must be complied with, unless with the further prior written consent of the Responsible Authority.

5. The development of the site must be provided with stormwater works which incorporates the use of water sensitive urban design principles to improve stormwater runoff quality and which also retains on site any increase in runoff as a result of the approved development. The system must be maintained to the satisfaction of the Responsible Authority. Council's Development Engineer can advise on satisfactory options to achieve these desired outcomes which may include the use of an infiltration or bioretention system, rainwater tanks connected for reuse and a detention system. The overall outflow of the site to Council’s drainage system must be limited to 6.5 l/s.

6. Before the development commences, a Stormwater Management Plan showing the stormwater works to the nominated point of discharge must be prepared and submitted to the satisfaction of the Responsible Authority. The Stormwater Management Plan must be prepared by a qualified person and show all details of the proposed stormwater works including all existing and proposed features that may have impact (e.g. trees to be retained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

7. Stormwater works must be provided on the site so as to prevent overflows onto adjacent properties.

8. Any existing vehicular crossing not in accordance with the endorsed plan must be removed and the kerb reinstated in a manner satisfactory to the Responsible Authority and any proposed vehicular crossing must be fully constructed to the Responsible Authority’s standard specification.

9. Property boundary and footpath levels and offsets are not to be altered.

10. Prior to the occupation of the dwellings hereby permitted, areas set aside for parking vehicles, access lanes and paths as shown on the endorsed plans must be:

a. Constructed to the satisfaction of the Responsible Authority.

b. Properly formed to such levels that they can be used in accordance with the plans.

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c. Surfaced in accordance with the endorsed plans under this permit or in an all weather coloured concrete seal-coat, to the satisfaction of the Responsible Authority.

d. Drained and maintained to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times and maintained to the satisfaction of the Responsible Authority.

11. All works on or facing the boundaries of adjoining properties must be finished and surface cleaned to a standard that is well presented to neighbouring properties in a manner to the satisfaction of the Responsible Authority.

12. All piping and ducting above the ground floor storey of the development (other than rainwater guttering and downpipes) must be concealed to the satisfaction of the Responsible Authority.

13. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.


The development is not started within two (2) years from the date of permit issue.

The development is not completed within four (4) years from the date of permit issue.




Note: Before removing / pruning any vegetation from the site, the applicant or any contractor engaged to remove any vegetation, should consult Council’s Vegetation Management Officer to verify if a Local Laws Permits is required for the removal of such vegetation.

OR

In the event Council wishes to oppose the Officer Recommendation to support the application, it can do so on the following grounds:

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1. The proposal does not provide a street setback which respects the existing neighbourhood character of the area contrary to Standard B6 of Clause 55.03-1 of the Kingston Planning Scheme.

2. The removal of the two (2) existing Norfolk Island Pines is considered to adversely impact on the streetscape character of Levanto Street, Mentone.

3. The proposal constitutes an over-development of the site.

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APPLICANT Ardcon Architectural Design & Building Consultants

ADDRESS OF LAND No. 9 Lower Dandenong, Road Mentone


Lot 1 on LP2701

PROPOSAL Develop the land for construction of three (3) double-storey dwellings

PLANNING OFFICER Jeremy Hopkins


ZONE Clause 32.06 – Residential 3 Zone

OVERLAYS None

OBJECTIONS Two (2)


Plans submitted to Council on 10 May 2012


No

1.0 RELEVANT LAND HISTORY 1.1 Council records indicate that there is no relevant planning history relating to this site. 2.0 SITE PARTICULARS 2.1 The site is located on the northeast intersection of Lower Dandenong Road and

Levanto Street, Mentone. The site is generally rectangular in shape with a frontage to Lower Dandenong Road of 20.12 metres, frontage to Levanto Street of 40.23 metres, resulting in a site area of 809.62m2. It currently contains a single storey, triple fronted cream brick, dwelling and associated cream brick double garage with access from Levanto Street. The existing dwelling on the land enjoys a 6.524 metre front setback to Lower Dandenong Road, and a 2.569 metre front setback to Levanto Street.

2.2 The land is generally flat and is notable for its two (2) Norfolk Island Pines located to

the rear northern boundary of the subject site. A cream brick front fence sweeps around both the frontage of the subject site reducing in height from approximately 1.7 metres fronting Levanto Street to approximately 500mm fronting Lower Dandenong Road.

2.3 There appears to be no restrictions listed on the Certificate of Title. 3.0 SURROUNDING ENVIRONS 3.1 The surrounding area generally comprises of detached single-storey brick veneer

dwellings constructed in the post World War II period. Hipped and gabled roof forms and low frontage fencing is symbolic of the streetscape consistent with the 1950’s/1960’s neighbourhood character of the area. The streetscape contains established front gardens with a variety of vegetation types and heights. The vicinity

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has seen recent new developments comprising medium density housing in double-storey form, notably opposite the subject site at 7 Lower Dandenong Road where two (2) double-storey dwellings have recently been constructed.

3.2 Land directly abutting the subject site and opposite is described as follows:

North:

The existing dwelling located to the north of the subject site contains two (2) single-storey detached brick dwellings with concrete tiled hipped rooves. The dwelling fronting Levanto Street is set back approximately 6.224 metres and contains a low brick front fence and a concrete driveway running along the southern side boundary of the site providing access to the rear dwelling. The site does not contain any significant vegetation.

East:

The existing dwelling located to the east of the subject site contains two (2) single-storey detached brick dwellings with concrete tiled hipped rooves. The dwelling fronting Lower Dandenong Road is set back approximately 7.497 metres and contains a low front fence and a concrete driveway running along the western side boundary of the site providing access to the rear dwelling. The site contains medium sized dwelling located within the front garden area.

South:

To the south of the subject site on the opposite side of Lower Dandenong Road is an existing commercial premise containing a Subway take-away food premises and a hand car wash business. Heading further east on the southern side of Lower Dandenong Road is a Bridgestone tyre outlet and a Hungry Jacks take-away restaurant, whilst heading west down Lower Dandenong Road is the signalised intersection of Lower Dandenong Road and the Nepean Highway.

West:

To the west of the subject site on the opposite side of Levanto Street is two (2) recently constructed double-storey dwellings constructed in a similar style and form to that of the proposed three (3) double-storey dwellings. The recently constructed dwellings have a set back to Lower Dandenong Road of 5.478 metres, frontage to Levanto Street of 2.708 metres and vehicular access from Levanto Street. The dwellings are constructed of face brickwork and Colorbond hipped roofing.

4.0 PROPOSAL 4.1 It is proposed to demolish the existing dwelling and outbuildings on the land and

construct three (3) double-storey dwellings on this site. 4.2 Dwelling 1 would be located on the corner of Lower Dandenong Road and Levanto

Street and would comprise a double garage with internal access (vehicular access from Levanto Street); a guest room with walk-in-robe and powder room; laundry; and open plan kitchen/living/dining area with direct access to the north facing secluded

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private open space. At first floor level three (3) bedrooms area proposed (master with ensuite and walk-in-robe); toilet and bathroom; and a balcony looking out onto Lower Dandenong Road. The proposed double-storey dwelling would be finished in grey and white render walls; tinted glass balustrade; and a charcoal titled hipped roof. The proposed dwelling would enjoy a total of 186.59m2 of private open space.

4.3 Dwelling 2 would front onto Levanto Street and would comprise a single garage with

tandem car parking space; lounge room; open plan living/dining/kitchen area with direct access onto the secluded private open space. At first floor level three (3) bedrooms are proposed (master with ensuite and walk-in-robe); bathroom; and a balcony looking out onto Levanto Street. The proposed double-storey dwelling would be finished in grey and white render walls; tinted glass balustrade; and a charcoal titled hipped roof. The proposed dwelling would enjoy a total of 68.38m2 of private open space.

4.4 Dwelling 3 would front onto Levanto Street and would comprise a double garage with

internal access; lounge room; open plan living/dining/kitchen area with direct access onto the secluded private open space. At first floor level three (3) bedrooms are proposed (master with ensuite and walk-in-robe); bathroom; and a balcony looking out onto Levanto Street. The proposed double-storey dwelling would be finished in grey and white render walls; tinted glass balustrade; and a charcoal titled hipped roof. The proposed dwelling would enjoy a total of 74.34m2 of private open space.

4.5 The proposal has an overall site coverage of 45.78% and a permeability of 46.42%. 5.0 PLANNING PERMIT PROVISIONS

Zone 5.1 Residential 3 Zone: Pursuant to Clause 32.06-4 of the Kingston Planning Scheme, a

planning permit is required to construct two (2) or more dwellings on a lot. A development must meet the requirements of Clause 55 of the Scheme. The Schedule to the Residential 3 Zone includes a variation to a number of standards within Clause 55.

Clause 52.06 – Car Planning

5.2 Planning Scheme Amendment VC90, introduced into the Kingston Planning Scheme

on 5 June 2012 contains the following residential car parking rates:

- 1 space to each 1 or 2 bedroom dwelling; - 2 spaces to each 3 or more bedroom dwelling; and - 1 visitor space for every 5 dwellings.

This equates to a parking requirement of six (6) spaces for the proposed development.

As the required number of car parking spaces is provided on the site, a planning permit is not required for a reduced car parking rate pursuant to Clause 52.06-3 of the Kingston Planning Scheme.

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Particular Provisions 5.3 Clause 55 - Two or More Dwellings on a Lot & Residential Buildings – (Refer to

Appendix A for the Planning Officer’s full assessment against this report).

General Provisions 5.4 The Decision Guidelines of Clause 65 of the Kingston Planning Scheme are relevant

to this application and require consideration to be given to a variety of matters including planning scheme policies, the purpose of the zone, orderly planning and the impact on amenity.


Clause 11 Settlement Clause 13 Environmental Risks Clause 15 Built Environment and Heritage Clause 16 Housing

6.2 Local Planning Policy Framework (LPPF)

Clause 21.05 Residential Land Use Clause 22.11 Residential Development Policy

6.3 Other 6.4 Neighbourhood Character Area Guidelines (Incorporated Document under Clause

21.05 – Residential Land Use of the LPPF). The land is located within Area 14 of the Neighbourhood Character Guidelines.

6.5 Design Contextual Housing Guidelines (April 2003 – reference document within

Clause 22.11 – Residential Development Policy). The Design Contextual Housing Guidelines offer a range of design techniques and suggestions to assist with residential design, which is responsive to local character.


owners and occupiers and by maintaining a notice on site for fourteen (14) days. Two (2) objection(s) to the proposal were received. The valid grounds of objection raised are summarised as follows:

Removal of the two (2) existing Norfolk Island Pines; and Potential for overlooking.

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8.0 PRELIMINARY CONFERENCE 8.1 A preliminary conference was held on Wednesday 11 July 2012 with the relevant

Planning Officer, Ward Councillor(s), the Permit Applicant and one (1) objector in attendance. The above-mentioned issues were discussed at length.


the objections still stand. 9.0 SECTION 50 / 50A / 57A – AMENDMENT TO PLANS 9.1 It is these plans that form the basis of this recommendation and are described at

section 4 of this report. 10.0 REFERRALS 10.1 The application was referred to the following internal departments:

Council’s Development Engineer – raised no objection to the application, subject to conditions included on any permit issued relating to stormwater works incorporating water sensitive urban design, and the requirement to provide a Stormwater Management Plan prior to works commencing on site to the satisfaction of the responsible authority.

Council’s Roads & Drains Department – raised no objection to the application,

subject to conditions included on any permit issued relating to protection of the existing footpath and for new vehicle crossings to be constructed to Council’s satisfaction.

Council’s Vegetation Management Officer - raised no objection to the application,

subject to conditions included on any permit issued relating to the submission of a landscaping plan for approval to the satisfaction of the responsible authority. Advice was provided that the two (2) large Norfolk Island Pines have overgrown their location and the root system has lifted the neighbouring driveway at Unit 2 – 2 Levanto Street, Mentone. Furthermore, a Local Law Permit to Remove Trees (Ref. PT-403/2012) was issued on 25 July 2012.

10.2 The application was referred to the following external department:

VicRoads - raised no objection to the amended plans, which modified the design to remove vehicular access to Dwelling 1 from Lower Dandenong Road to Levanto Street, Mentone. VicRoads did not require any conditions to be placed on any permit issued.



residential development at Clause 11 (Settlement), Clause 15 (Built Environment and Heritage) and Clause 16 (Housing). Essentially, the provisions within these

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clauses seek to achieve the fundamental objectives and policy outcomes sought by the Metropolitan Strategy – ‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have been removed from an individual clause and integrated throughout the State Planning Policy Framework.

11.2 The settlement policies at Clause 11 seek to ensure a sufficient supply of land is

available for all forms of land use in Victoria. Of particular relevance to housing, Clause 11 promotes housing diversity and urban consolidation objectives in the established urban realm. Clause 11.02-1 states that Planning Authorities should plan to accommodate projected population growth over at least a 15 year period, taking account of opportunities for redevelopment and intensification of existing urban areas as well consideration being had for environmental aspects, sustainable development and the costs associated with providing infrastructure. This clause states:

Planning for urban growth, should consider:

o Opportunities for the consolidation, redevelopment and intensification of existing urban areas;

o Neighbourhood character and landscape considerations; o The limits of land capability and natural hazards and environmental

quality; o Service limitations and the costs of providing infrastructure.

11.3 Clause 11.01-2 places particular emphasis on providing increased densities of

housing in and around activity centres or sites that have good access to a range of services, facilities and transport options.

11.4 Clause 13 (Environmental Risks) aims to ensure that planning adopts a best practice

environmental management and risk management approach which aims to avoid or minimise environmental degradation and hazards. Further, planning should identify and manage the potential for the environment, and environmental changes, to impact upon the economic, environmental or social well-being of society.




conservation of places of Aboriginal cultural heritage significance. 11.7 The Subject Land is not identified in an area of Aboriginal Cultural Heritage

Sensitivity. 11.8 Housing objectives are further advanced at Clause 16. This Clause aims to

encourage increased diversity in housing to meet the needs of the community through different life stages and respond to market demand for housing. In much the same vein as Clause 11, this Clause advances notions of consolidation of existing urban areas, particularly in and around activity centres and employment corridors that are well served by all infrastructure and services.

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11.9 The policies contained within Clause 16.01-4 encourage the provision of range of housing types to meet the increasingly diverse needs of the community. Emphasis is placed on development of well-designed medium density housing with respect to neighbourhood character. Further, this Clause aims to make better use of the existing infrastructure and provide more energy efficient housing.


Clause 15 of the State Planning Policy Framework. Of particular significance, Clause 15.01 encourages development to achieve high quality architectural and urban design outcomes that contribute positively to neighbourhood character, minimises detrimental amenity impacts and achieves safety for future residents, and the community, through good design. The provisions of Clause 15.02 promote energy and resource efficiency through improved building design, urban consolidation and promotion of sustainable transport.

11.11 It is submitted that the proposed development satisfies the aforementioned State

strategies and policy direction. Specifically, the subject site is located on land earmarked for residential purposes, whereby residential development is an ‘as of right’ use under the zoning provisions. Subject to appropriate conditions on any permit issued, the development itself achieves an acceptable design outcome for the site and its immediate abuttals, whilst enjoying convenient and direct access to community facilities and the like, including public transport nodes.

Local Planning Policy Framework

11.12 The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston

Planning Scheme, seeks to provide guidance to development in residential zoned land, mixed use zoned lands and land within activity centres. The Residential Land Use Framework Plan illustrates the range of housing outcomes sought across the City of Kingston.

11.13 Relevant objectives and strategies in Clause 21.05-3: Residential Land Use

include: o To provide a range of housing types across the municipality to increase

housing diversity and cater for the changing housing needs of current and future populations, taking account of the capacity of local areas in Kingston to accommodate different types and rates of housing change. This is to be achieved through encouraging residential development within activity centres via mixed-use development, and on transitional sites at the periphery of activity centres.

o To ensure new residential development respects neighbourhood character and is site responsive, and that medium density dwellings are of the highest design quality. This is to be achieved through promoting new residential development, which is of a high standard, responds to the local context and positively contributes to the character and identity of the local neighbourhood.

o To promote more environmentally sustainable forms of residential development. To be achieved through promoting medium density housing development in close proximity to public transport facilities, particularly train stations.

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o To manage the interface between residential development and adjoining or nearby sensitive/strategic land uses.

o To ensure residential development does not exceed known physical infrastructure capacities.

o To recognise and response to special housing needs within the community.

11.14 Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning

Policy relevant to housing, stressing the need to encourage urban consolidation in appropriate locations and to accommodate projected population increases.

11.15 Clause 22.11 Residential Development Policy extends upon the provision

contained at Clause 21.05 (Residential Land Use), relating to increased housing diversity areas, incremental housing change areas, minimal housing change areas, residential renewal areas and neighbourhood character. It provides design guidance on how new residential development should achieve architectural and urban design outcomes that positively respond to neighbourhood character.

11.16 Relevant objectives in Clause 22.11-2 Residential Development Policy include:

To promote a managed approach to housing change, taking account of the differential capacity of local areas in Kingston to accommodate increased housing diversity, incremental housing change, residential renewal or minimal housing change, as identified within the MSS.

To encourage new residential development to achieve architectural and urban

design outcomes that positively respond to neighbourhood character having particular regard to that identified in the Kingston Neighbourhood Character Guidelines – August 2007.

To promote on-site car parking which is adequate to meet the anticipated

needs of future residents.

To ensure that landscaping and trees remain a major element in the appearance and character of the municipality’s residential environments.

To limit the amount and impact of increased stormwater runoff on local

drainage systems.

To ensure that the sitting and design of new residential development takes account of interfaces with sensitive and strategic land uses.


State and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing in appropriate locations. This is discussed in the Clause 55 assessment, later within this report.

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12.0 CLAUSE 55 (RESCODE ASSESSMENT) 12.1 The proposal has been assessed against the standards of Clause 55 (ResCode) of

the Kingston Planning Scheme (refer to Appendix A). Overall, it is noted that the application achieves a high level of compliance with the ResCode provisions, with only minor variations sought. Two (2) of the thirty-three (33) ResCode standards are sought to be varied, with the remaining thirty-one (31) standards satisfied by the proposal or not applicable.

12.2 The following assessment considers the relevant standards and objectives of

ResCode where they require further discussion to that provided in the attached Appendix, particularly those standards where concessions are sought.

Clause 55.02-1 – Neighbourhood Character & Infrastructure Standard B1 – Neighbourhood Character

12.3 The objective of this Clause 55.02-1 is ‘to ensure that the design respects the existing

neighbourhood character and responds to the features of the site and surrounding area’. Standard B1 of ResCode suggests that the proposed design should respect the existing or preferred neighbourhood character and respond to the features of the site.

12.4 The subject site is located within a predominately residential area where allotment

sizes are generally consistent with the 1940’s/1950’s cartilage of ± 20m frontages and ± 40m depths. Housing is generally single storey and orientated towards the street with complex hipped roof designs clad with tiles and generally cream brick walls or lightly coloured weatherboards. Most dwellings contain low to medium front fencing and are set back approximately 7 metres from Lower Dandenong Road or Levanto Street, with side setbacks dependent on the location of the driveways, which typically run down the side of the properties to garages & carports located to the rear of the dwellings.

Both Lower Dandenong Road and Levanto Street have seen incremental housing change, with medium density single-storey units constructed during the 1980’s and double-storey units constructed more recently. To the south of Lower Dandenong Road are commercial premises containing restricted retail outlets and take-away food premises.

The design response is considered to be appropriate to the site and respects the existing neighbourhood character of the area. The three (3) new double storey dwellings would include hipped roofing and materials consistent with the neighbourhood character of the area, and would be well articulated to prevent any unreasonable bulk or mass. The proposed dwellings would contain window forms, eave overhangs, and balcony elements all consistent with those found within the vicinity. Furthermore, the proposed dwellings are considered to be similar in height, form and style to the recently constructed double-storey dwellings located opposite the subjects site at 7 Lower Dandenong Road.

Standard B2 – Residential Policy

12.5 The Residential policy objective seeks to ensure that any proposed development

accords with the relevant State and Local Planning Policy Framework. An assessment against Kingston’s MSS and Residential Development Policy has been

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provided at section 11.2 of this Report, with the proposal found to be consistent with the approach of encouraging gradual or incremental housing change, whilst supporting the principles of urban consolidation, housing choice, and encouraging new residential development to positively respond to neighbourhood character.

12.6 Further to the assessment at section 11.2, as the Site is located within a Residential 3

Zone, Clause 22.11 seeks to manage development pressures by instituting a requirement to achieve averaged lot sizes within Incremental Housing Change Areas.

12.7 To achieve this, Council’s Strategic Planning Department undertook a study across

the municipality in 2003 (Kingston Neighbourhood Character Study) to identify any emerging patterns with regard to average lot sizes. As such, six (6) areas were identified within the municipality, each having their own ‘average lot size’ calculation.

12.8 The subject site is identified within Area 2 of this study. The average lot size within

this area has been calculated to be 613.1m2, which results in a suggested development density of 1 dwelling per 306.55m2. As the site has an overall site area of 809.62m2 the development density would be calculated at 1 dwelling per 269.87m2. Although the proposal does not meet this strategy, it is considered that the development proposes an appropriate number of dwellings on this site as demonstrated by its overall compliance with ResCode and the Schedule to the Residential 3 Zone requirements. Further, the proposal is deemed appropriate as each dwelling would enjoy private open space greater than 68m2 with total site coverage of 45.78% and permeable surfaces of 46.42% easily meeting the requirements of the Kingston Planning Scheme, with ample opportunity to provide landscaping.


State and Local Planning Policy Framework guidelines which aim to encourage well-designed medium density housing in appropriate locations.

Standard B8 – Street setback

12.10 The standard requires that where the site is on a corner and there is an existing

building on the abutting allotment facing the front street, the minimum setback applicable is the same setback as the front wall of the existing building or 9 metres, whichever is the lesser. The minimum setback to the side street is the same setback of the front wall of the existing building or 3 metres, whichever is the lesser. In this instance the proposed development would be set back 6.99 metres from Lower Dandenong Road whereas the abutting building is set back 7.497 metres resulting in a variation of 0.507 metres; and set back 3.27 metres from Levanto Street whereas the abutting building is set back 6.224 metres resulting in a variation of 2.954 metres.

The street setback objective pursuant to Clause 55.03-1 of the Kingston Planning Scheme is to ensure that the setback of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site. In this instance the proposed setbacks are considered reasonable for the following reasons:

the existing dwelling on the subject site enjoys a current front road alignment

setback of 6.524 metres to Lower Dandenong Road and 2.569 metres

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setback to Levanto Street, being less than the proposed 6.99 metre setback to Lower Dandenong Road and 3.27 metre setback to Levanto Street;

whilst the abutting property to the east of the subject site at 11 Dandenong

Road is setback 7.497 metres, the following two (2) properties at 12 & 13 Lower Dandenong Road are setback less than the proposed 6.99 metre setback at 6.236 metres and 6.252 metres respectively. Furthermore, the recently constructed dwelling at 7 Dandenong Road is setback also lesser than the proposed 6.99 metre setback at 5.478 metres; and

the proposed 3.27 metre setback to Levanto Street is considered to be

consistent with the reduced setback of the recently constructed two (2) double-storey dwellings at 7 Lower Dandenong Road of 2.798 metres.

Therefore it is considered that the variation to the frontage setback requirements combined with the articulated design of the proposed dwellings resulting in the efficient use of the site ensuring that the proposed development is considered to comply with the decision guidelines and objectives of Clause 55.03-1 of the Kingston Planning Scheme, where the proposed setbacks are considered to be consistent with the frontage setbacks within the vicinity.

Standard B30 – Storage 12.11 The standard requires that each dwelling should have convenient access to at least 6

cubic metres of externally accessible, secure storage space. The proposal provides for 3m3. A condition is recommended on any permit issued for amended plans to be provided showing the provision of 6m3 of externally accessible secure storage space in accordance with the standard.

13.0 RESPONSE TO GROUNDS OF OBJECTIONS 13.1 Two (2) objections were received to the application. A summary of the concern and


(a) Removal of the two (2) existing Norfolk Island Pines

The proposal seeks the removal of the existing two (2) Norfolk Island Pines located on the northern boundary of the subject site. Concern was raised about the removal of these trees as they are considered by the objector to support local fauna and contribute towards preventing global warming through absorbing air pollutants and improving air quality.

Unfortunately, advice from Council’s Vegetation Management Officer suggests that the two (2) large Norfolk Island Pines have overgrown their location and the root system has lifted the neighbouring driveway at Unit 2 – 2 Levanto Street, Mentone. Furthermore, a Local Law Permit to Remove Trees (Ref. PT-403/2012) was issued on 25 July 2012 for both trees to be removed.

(b) Potential for overlooking

Concern was raised that the double-storey design of the three (3) dwellings

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would result in the potential for overlooking into the adjoining secluded private open space and habitable room windows at 11 Lower Dandenong Road, Mentone. The proposal is considered to comply with Standard B22 of Recode with all first floor windows located within 9 metres of any adjoining secluded private open space or habitable room windows being screened to prevent any opportunity for overlooking.



The compatibility of the design and siting with the surrounding area; The mitigation of off-site amenity impacts; and A high level of compliance with all relevant policies, including Clause 55 of the

Kingston Planning Scheme

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APPENDIX A – RESCODE ASSESSMENT Standard of the Kingston Planning Scheme Two or more dwellings on a lot and residential buildings (Clause 55 and Schedule to the Residential 3 Zone)



B1 Neighbourhood Character Design respects existing neighbourhood character or contributes to a preferred neighbourhood character. Development responds to features of the site and surrounding area.

Yes The proposal is considered to be consistent with the neighbourhood character of the surrounding area, specifically roof pitch, setback, materials, window forms, balconies, and eave overhangs. Please refer to Part 12.4 of this report

B2 Residential Policy Residential development is consistent with housing policies in the SPPF, LPPF including the MSS and local planning policies. Support medium densities in areas to take advantage of public transport and community infrastructure and services.

Yes The proposed three (3) dwellings are considered to accord with the Residential Policy – please refer to the Parts 12.5-12.9 of the report for further details.

B3 Dwelling Diversity Encourages a range of dwelling sizes and types in developments of ten or more dwellings.

N/A The proposed development is for the construction of three (3) dwellings. Notwithstanding the above, the proposal will provide housing choice in the form of housing on smaller allotments. Please refer to Parts 11.9 & 11.13 of this report.

B4 Infrastructure Provides appropriate utility services and infrastructure without overloading the capacity.

Yes It is recommended that suitable condition(s) be included in any permit issued to address infrastructure considerations.

B5 Integration with the Street Integrate the layout of development with the street

Yes All three (3) dwellings would be orientated towards the street, with the pedestrian entrance of Dwelling 1 being accessed from Lower Dandenong Road, whilst the pedestrian and vehicular accesses for

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Dwellings 2 & 3 would be from Levanto Street.

B6 Street Setback The setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

No Required: 7.497 metres to Lower Dandenong Road, and 6.224 metres to Levanto Street. Proposed: 6.99 metres to Lower Dandenong Road, and 3.27 metres to Levanto Street. Please refer to Parts 11.10 of this report.

B7 Building Height Building height should respect the existing or preferred neighbourhood character.

Yes Maximum: 9 metres Proposed: 7.3 metres

B8 Site Coverage Site coverage should respect the existing or preferred neighbourhood character and respond to the features of the site. Note: The Schedule to the Residential 3 Zone includes a variation to this standard

Yes Maximum: 50 % Proposed: 45.78%

B9 Permeability Reduce the impact of stormwater run-off on the drainage system and facilitate on-site stormwater infiltration.

Yes At least: 20% Proposed: 46.42%

B10 Energy Efficiency Achieve and protect energy efficient dwellings and residential buildings. Ensure orientation and layout reduces fossil fuel energy use and makes appropriate use of daylight and solar energy.

Yes The solar access to the existing dwellings on the adjoining lots would not be compromised due to the siting of the development as demonstrated by the overshadowing diagrams. The proposed development is considered to provide reasonable passive solar orientation.

B11 Open Space Integrate layout of development with any public and communal open space provided in or adjacent to the development.

N/A No communal open space is proposed.

B12 Safety Layout to provide safety and security for residents and property.

Yes The layout is considered to provide safety and security to residents, with the development providing good passive surveillance

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and direct access from the street to the front doors.

B13 Landscaping To provide appropriate landscaping. To encourage: Development that respects the landscape

character of the neighbourhood.

Development that maintains and enhances habitat for plants and animals in locations of habitat importance.

The retention of mature vegetation on the site.

Yes Sufficient space is provided for landscaping consistent with the neighbourhood character of the area. It is recommended that a landscape plan be required by way of a condition of any permit issued.

B14 Access Ensure the safe, manageable and convenient vehicle access to and from the development. Ensure the number and design of vehicle crossovers respects neighbourhood character.

Yes The design response has been modified to comply with VicRoads requirements preventing any vehicular access from Lower Dandenong Road. The proposed three (3) vehicle accesses from Levanto Street is considered to be safe, convenient and would respect the neighbourhood character of the streetscape.

B15 Parking Location Provide resident and visitor vehicles with convenient parking. Avoid parking and traffic difficulties in the development and the neighbourhood. Protect residents from vehicular noise within developments.

Yes All three proposed dwellings would be provided with two (2) car parking spaces. These parking facilities are considered to be conveniently located, secure and designed to allow for safe and efficient movements within the development.

B16 “empty” following Planning Scheme Amendment VC90 approved on 5 June 2012.

B17 Side and Rear Setbacks Ensure the height and setback respects the existing or preferred neighbourhood character and limits the amenity impacts on existing dwellings.

Yes Ground Floor: North: N/A (Boundary wall) South: N/A (street frontage) East: 1.079m minimum GF setback allowing 3.8m height – 3.7m max height proposed.

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West: N/A (street frontage) First Floor: North: 1.9m minimum FF setback allowing 6.6m height - 5.6m max height proposed. South: N/A (street frontage). East: 3.889m minimum FF setback allowing 8.8m height – 5.4m max proposed. West: N/A (street frontage). The Standard is therefore met.

B18 Walls on Boundaries Ensure the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the amenity impacts on existing dwellings.

Yes Maximum: 15.03m on the northern side boundary (length). Proposed: 6.48m on the northern side boundary (length).

B19 Daylight to Existing Windows Allow adequate daylight into existing habitable room windows.

Yes The proposal is considered to provide adequate solar access to existing habitable room windows. The closest habitable room window of the adjoining property is 4.02m from Dwelling 3.

B20 North Facing Windows Allow adequate solar access to existing north-facing habitable room windows.

Yes The proposed development is located clear of any existing north-facing habitable room windows located on the southern side of Lower Dandenong Road.

B21 Overshadowing Open Space Ensure buildings do not significantly overshadow existing secluded private open space.

Yes The shadow diagrams submitted with the planning permit application indicate that no unreasonable overshadowing will occur outside of the subject site.

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B22 Overlooking Limit views into existing secluded private open space and habitable room windows.

Yes All first floor windows located within the 9 metre arc have been screened to prevent any unreasonable overlooking into the existing secluded private open space and habitable room windows.

B23 Internal Views Limit views into existing secluded private open space and habitable room windows of dwellings and residential buildings within the same development.

Yes The proposal is not considered to result in any unreasonable views into the secluded private open space and habitable room windows within the development.

B24 Noise Impacts Protect residents from external noise and contain noise sources in developments that may affect existing dwellings.

Yes No unreasonable noise sources are anticipated beyond what is expected for a residential use.

B25 Accessibility Consider people with limited mobility in the design of developments.

Yes The entry to each of the dwellings would be accessible or easily made accessible to people with limited mobility.

B26 Dwelling Entry Provide a sense of identity to each dwelling/residential building.

Yes Entry porches are proposed to for all three (3) dwellings, which have been designed to be visible and easily identifiable from the street and driveway.

B27 Daylight to New Windows Allow adequate daylight into new habitable room windows.

Yes A minimum 1m clear to the sky is proposed for all windows.

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B28 Private Open Space Provide reasonable recreation and service needs of residents by adequate private open space. Note: The Schedule to the Residential 3 Zone includes a variation to this standard

Yes Required: An area of 40m2, with one part of the POS to consist of secluded POS at the side or rear of the dwelling or residential building with a minimum area of 40m2, a minimum dimension of 5m and convenient access from a living room. If a dwelling has more than 2 bedrooms an additional ground level POS area of 20m2 with a minimum width of 3m is required to be provided for each additional bedroom, with a maximum of 80m2 of POS required for the dwelling. Proposed: 186.59m2 for dwelling 1, and 68.38m2 for dwelling 2, and 74.34m2 for dwelling 3.

B29 Solar Access to Open Space Allow solar access into the secluded private open space of new dwellings/buildings.

Yes The proposal provides sufficient solar access to the secluded private open space of the dwellings.

B30 Storage Provide adequate storage facilities for each dwelling.

Can comply

The proposal provides for 3m3 when 6m3 is required. A condition is recommended on any permit issued for amended plans to be provided showing the provision of 6m3 of externally accessible secure storage space.

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B31 Design Detail Encourage design detail that respects the existing or preferred neighbourhood character.

Yes The design detail is considered to respect the existing/preferred neighbourhood character of the area with window and door proportions; roof form and eaves; and materials colours and finishes consistent with the existing neighbourhood character.

B32 Front Fences Encourage front fence design that respects the existing or preferred neighbourhood character. Note: The Schedule to the Residential 3 Zone includes a variation to this standard

N/A Maximum: 1.2m Proposed: No front fencing proposed.

B33 Common Property Ensure car parking, access areas and other communal open space is practical, attractive and easily maintained. Avoid future management difficulties in common ownership areas.

N/A No common property is proposed.

B34 Site Services Ensure site services and facilities can be installed and easily maintained and are accessible, adequate and attractive. Avoid future management difficulties in common ownership areas.

Yes The layout of the proposal ensures that there would not be any future management difficulties in common areas. Bins can be easily stored and transported to the kerb, whilst the rear garden areas of each dwelling can be accessed for garden maintenance.

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19 September 2012

Agenda Item No: PC 57

PUBLIC OPEN SPACE CONTRIBUTIONS Contact Officer: Rita Astill

Purpose of Report

To obtain direction to begin the amendment process to make changes to the Kingston Planning Scheme to levy public open space contribution rates.

Disclosure of Officer / Contractor Direct or Indirect Interest

No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration.

Recommendation

Officers recommend that Council agree: 1. To complete the required background work to be in a position to make a request to the

Minister for Planning to authorise the preparation of the amendment to: ● Introduce a Schedule to Clause 52.01 (Public Open Space Contribution and

Subdivision) of the Kingston Planning Scheme to levy open space contributions. ● Modify Clause 21.11 (Open Space) of the Municipal Strategic Statement to

implement the objectives and directions of Kingston’s 2012 Open Space Strategy. ● Introduce a local policy to provide guidance as to where land contributions and

purchases should be sought and the criteria they should meet. ● Introduce Kingston’s 2012 Open Space Strategy as a reference document. 2. That once authorisation is granted, Council as Planning Authority, prepare and place the

Amendment on public exhibition pursuant to Section 96(2) of the Planning and Environment Act 1987.

1. Executive Summary

A Public Open Space Contributions Plan is currently being prepared which recommends and provides the strategic basis for developing a Schedule to Clause 52.01 of the Kingston Planning Scheme. Developing a Schedule to Clause 52.01 of the Kingston Planning Scheme will allow Council to specify a public open space contribution rate that cannot be appealed at the Victorian Civil and Administrative Tribunal. The Public Open Space Contributions Plan recommends a 5% contribution rate for all land in Kingston with the exception of land in the Moorabbin, Cheltenham, Mentone and Mordialloc Major Activity Centres (other than existing residential land within the Activity Centres) where an 8% rate is recommended. A 5% rate or higher is also recommended for strategic sites (large land parcels where rezoning may occur) subject to negotiation. Some further work is presently being completed on how the amendment should inform contributions on land used for commercial purposes.

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2. Background

Public open space contributions are available to Council as a means of procuring monies and/or land from subdivisions (including residential, commercial and industrial) to contribute to the provision of public open space. Open space contributions are levied by Council as a condition of planning permit for the subdivision of land. Payment of a public open space contribution is made before the issue of the Statement of Compliance for a subdivision. The methods available to Council to collect public open space contributions from subdivisions include Section 18 of the Subdivision Act 1988 and Clause 52.01 of the Planning Scheme.

2.1 Section 18 of the Subdivision Act 1988

Section 18 of the Subdivision Act 1988 provides Council with the ability to require a contribution for open space from subdivisions up to 5% of land, or value of land, or a combination of both. Some subdivisions are exempt, including 2 lot subdivisions that are unlikely to be further subdivided, subdivisions for the purpose of excising land to be transferred to a public authority, Council or a Minister for a utility installation, and land that has made a previous contribution.

Open space requirements imposed by Council as part of planning permits for subdivision are able to be appealed to the Victorian Civil and Administrative Tribunal.

2.2 Clause 52.01 of the Victorian Planning Scheme

Clause 52.01 of the Victorian Planning Scheme (Public Open Space Contributions and Subdivision) allows Councils to specify a public open space contribution higher or lower than that specified in the Subdivision Act (5%). An open space contribution that is specified in Clause 52.01 of the Planning Scheme is mandatory. Panels and the Victorian Administrative Tribunal have considered Clause 52.01 to be the most appropriate tool in which to disclose requirements for public open space contributions.

2.3 Existing Practice

Kingston City Council currently collects open space contributions from subdivisions through the provisions of the Subdivision Act 1988 and a determination is made on a case by case basis as to whether and if so what the required contribution should be.

3. Discussion

3.1 Council Plan Alignment

Planned Outcome 1 – Infrastructure for a Safe and Active Community Strategy 1.2 – Accessible and shared open spaces that promotes social connectedness and active, healthy lifestyles.

Implementing a Schedule to Clause 52.01 of the Planning Scheme would allow Council to specify a public open space contribution higher or lower than that specified in the Subdivision Act (5%) and is mandatory (i.e. cannot be appealed at the Victorian Civil and Administrative Tribunal). The rate is based on a detailed investigation of open space demand and supply and will help ensure open space projects are delivered to meet needs.

3.2 Consultation/Internal Review

Council Strategic Planning Officers have been working closely with the Sports and Recreation Department as the Open Space Strategy is pivotal in providing a basis for a proposed Planning Scheme Amendment. Strategic Planning Officers have

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also been liaising with representatives from the Department of Planning and Community Development who have provided guidance in the method in which to develop a Schedule to Clause 52.01 to the Planning Scheme. The development of a Schedule to Clause 52.01 of the Kingston Planning Scheme requires a planning scheme amendment to be undertaken. The Planning and Environment Act requires all Ministers, public authorities and owners and occupiers of land possibly affected by an amendment be notified. The development of a Schedule to Clause 52.01 of the Kingston Planning Scheme will also affect frequent uses of Kingston’s planning system including architects, town planners, drafts people and surveyors hence these parties would also be notified of an amendment.

4. Operation and Strategic Issues

4.1 Method for Developing a Schedule to Clause 52.01 of the Kingston Planning Scheme There is no standard approach for establishing a public open space contribution and no State Government guideline available to steer their development. A variety of approaches have been used by Councils to derive open space contribution rates in the development of a Schedule to Clause 52.01. Panels have provided direction in regard to the issues that should be considered these include Moreland C85, Whitehorse C99, Manningham C30/33 and Glen Eira C20. The basic principle adhered to by Councils is the demonstrated need for open space in relation to demand and an adopted open space strategy which outlines desired open space outcomes including standards. Council recently adopted its Open Space Strategy which reviewed the 2005 Open Space Strategy. This work provides the strategic basis for applying a Schedule to Clause 52.01. It has been identified that some further analysis is required as to the open space demands of those people occupying the significant amounts of commercial land in the municipality. Analysis of these areas is proposed over the coming few months to ensure it is built into the Planning Scheme Amendment.

4.2 Recommended Public Open Space Contribution Rates

The Public Open Space Contributions Plan currently being prepared recommends the following contribution rates be levied in a Schedule to Clause 52.01 of the Kingston Planning Scheme: 5% for all land in the municipality highlighted in the Open Space Strategy with

the following exceptions: 8% for the following Major Activity Centres with completed structure plans

except for existing residential areas in those Centres: Moorabbin Activity Centre Cheltenham Activity Centre Mentone Activity Centre Mordialloc Activity Centre Strategic sites (any site to be rezoned to a residential zone) minimum 5% or

greater subject to negotiation.

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4.3 Rate Calculation Method

The recommended contribution rates were derived by identifying the need for increasing/or improving open space due to anticipated population growth. This was undertaken by Estimating land area likely to be redeveloped due to population growth. Estimating the total land area to be developed and its land value. Identifying capital project costs from Open Space Strategy. Only Capital

projects were included as the Subdivisions Act 1988 requires that contributions collected can only be used for capital open space projects.

Proportioning capital costs to new and existing population. It is important to stress that Council must contribute from its own general funds to implement the Open Space Strategy on behalf of the existing population. Moreland City Council was criticised by a Panel for failure to do so.

4.4 Funds to be Collected from Public Open Space Contributions

The capital development costs (excluding land) for open space projects costed in the open Space Strategy is approximately $35.8 million over 20 years or approximately $1.8 million per year on average. The recommended contribution rate of 5% for residential areas will generate approximately $13.28 million over 20 years or approximately $664,417 per year on average. The recommended contribution rate of 8% for the Moorabbin, Cheltenham, Mentone, and Mordialloc activity centres will generate approximately $4.26 million over 20 years or approximately $213,382 per year on average. The contribution rates are intended to more accurately reflect the cost to Council of providing for the open space needs of the new population. Council will need to contribute the remaining costs of implementing the Strategy on behalf of the existing population. These costs total approximately $18.26 million over the 20 year period or about $914,000 per year. Prioritisation of identified projects will be required by the incoming Council and then built into the extended Capital Works Plan.

4.5 Amendment Process

An amendment is required to implement a Schedule 52.01 to the Kingston Planning scheme. The amendment will seek to: Introduce a Schedule to Clause 52.01 (Public Open Space Contribution and

Subdivision) to levy open space contributions. Modify Clause 21.11 (Open Space) of the Municipal Strategic Statement to

implement the objectives and directions of Kingston’s 2012 Open Space Strategy.

Introduce a local policy to provide guidance as to where land contributions and purchases should be sought and the criteria they should meet.

Introduce Kingston’s 2012 Open Space Strategy as a reference document.

The amendment process is expected to take approximately 12-18 months. During this time the amendment would be exhibited, submissions received, Council would consider any submissions and a Panel would likely be requested if submissions could not be resolved.

5. Conclusion

5.1 Environmental Implications The opportunity for new public open space and ability to upgrade existing open space has positive environmental effects.

5.2 Social Implications

Developing a Schedule to Clause 52.01 will help ensure that monies are collected to increase and/or improve public open space for the community to meet future needs.

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5.3 Resource Implications Developing a Schedule to Clause 52.01 will help ensure that sufficient financial resources are available to fund open space projects. It will also provide a more equitable means of distributing costs between existing residents and new residents.

5.4 Legal / Risk Implications

If a Schedule to Clause 52.01 is not developed the risk is that rates set by Council may be varied at the Victorian and Administrative Tribunal.

Author/s: Rita Astill, Senior Strategic Planner

Reviewed and Approved By: Rachel Hornsby, General Manager Environmental Sustainability

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19 September 2012


CITY OF KINGSTON RESPONSE TO THE PROPOSED REFORMED ZONES FOR VICTORIA Contact Officer: Jonathan Guttmann

Purpose of Report

The purpose of this report is to update Councillors on the reforms to zoning provisions in the Victoria Planning Schemes and obtain approval to submit the attached response on behalf of the City of Kingston.


No Council officer/s and/or Contractor/s who have provided advice in relation to this report have

declared a Conflict of Interest regarding the matter under consideration.

Recommendation

Officers Recommend that the Planning Committee: 1. Consider the submission at Attachment 1, and subject to any amendments, resolve to

submit as the City of Kingston's response to the DPCD Planning Reform Consultation by 21st September 2012.


On the 17 July 2012, DPCD announced the draft zoning reforms which include the deletion of 9 existing zones, the introduction of 5 new zones, and amending 12 existing zones. DPCD is inviting comments on the proposed zoning reforms by 21 September 2012. The proposed Planning Scheme reforms have implications for each Council within Victoria. It is pertinent that the City of Kingston is involved and submits a response to the consultation. Officers have reviewed the zoning reforms, and following discussions with surrounding Councils, reviewing community consultation responses and internal consultation a draft response has been formulated for discussion with Councillors. The key points Council Officers believe warrant inclusion in the submission are: 1. Support for the overall principle of streamlining zones and removing unnecessary or

duplicated policy objectives;

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2. Highlighting some of the unintended negative economic consequences of the

changes particularly as they relate to the proposed Commercial Zones. Examples include the potential impact on allowing ‘out of centre’ land uses that fall under the nesting of Shop.

3. Some concerns over allowing a greater number of non residential uses in the proposed residential zones generating possible amenity impacts.

4. Activities that Council do not think should be supported in the Green Wedge A Zone following the completion of the Kingston Green Wedge Plan.

5. Opportunities to ensure that once the form and content of the zones is finalised, transition at a local level can be undertaken in the most effective manner to ensure Local Policy is not undermined.

The detailed draft submission is included at Appendix 1

2. Background

The State Government Department of Planning and Community Development (DPCD) indicate in the background information available regarding the initiatives that for a number of years many industry bodies, local government and members of the community have encouraged zoning reforms. The Minister of Planning set up the Victorian Planning System Ministerial Advisory Committee which was commissioned in June 2011 to examine all aspects of the planning system, including possible zoning reform. Recommendations on the review of Victoria’s zone structure were subsequently made. DPCD envisages that these proposed changes achieve greater clarity in the planning system through amending the zone structure, introducing new zones to streamline the planning system, reducing the amount of ‘red tape’ and stimulating business investment and economic growth whilst protecting valued neighbourhoods. On the 17 July 2012, DPCD announced the proposed zoning reforms and published proposed changes on the DPCD website. The zoning reforms were brought to the attention of Councillors at the CIS meeting 23 July 2012, and Councillors requested that consultation with the community take place in order to get any feedback to support Council’s submission. At the Councilor Information Session of the 6 August 2012, hard copies of all the material published by DPCD, associated with the zoning reforms were provided to Councillors.

3. Discussion

3.1. Council Plan Alignment It is considered that the proposed zoning reforms are relevant to the following aspects of the Council Plan: Planned Outcome No.2 – A Sustainable Environment

o Strategy 2.1.3: Maintain an effective Kingston Planning Scheme

Planned Outcome No 3 – Healthy, Strong and Connected Communities o Strategy 3.4.2: Maintain awareness of and respond as appropriate to

relevant commonwealth and state legislation, policies and strategies

Planned Outcome No 4 – A Prosperous, Innovative Business City

o Strategy 4.1.1 Strategic Economic Planning and Policy Development o Strategy 4.1.2 Create Vibrant Activity Centres and Neighbourhood Hubs

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3.2. Consultation/Internal Review

External Consultation Between 23 July 2012 and 6 August 2012, the community was invited to provide comments to the strategic planning team so that officers could incorporate comments in the proposed submission to the DPCD. The community was also given the opportunity to lodge their own submission to DPCD if they chose to do so. Consultation was given via notice in the Leader Newspaper and via the City of Kingston’s website. A total of two responses were received which can be summarised as the following: The need to retain residential amenity, including heritage and open space,

realistic public transport planning incorporated into the zoning changes; Fear that 3rd party rights will be reduced or removed through the use of self

assessment codes; and Seeking more power for Local Authorities in the planning for the area.

A copy of the submission is included at Appendix 3 Internal consultation has been undertaken with the City Development and Economic Development Department. This feedback has been integrated into the draft submission at Appendix 1.

4. Conclusion

4.1. Environmental Implications An unintended consequence of allowing retailing activities away from designated Activity Centres would be to reduce the potential to encourage single car trips to the multiple services contained in designated Activity Centres. The public transport network also does not provide the same level of service to ‘out of centre’ locations as it does established centres where bus and train services are co-located.

4.2. Social Implications

The draft submission raises some concerns associated with the unintended consequences of additional non residential uses being permissible in established residential areas and the possible amenity implications for local communities.

4.3. Resource Implications

The draft submission has reinforced that Kingston City Council has since amalgamations been effective in identifying opportunities and then rezoning land to expeditiously facilitate economic outcomes. The prospect of allowing a significantly greater amount of land uses that would be discretionary and subject to a planning permit in particularly the Residential, Commercial and Green Wedge Zones will generate a greater number of matters that are advertised and as such on some occasions likely to be subject to the consideration of the VCAT. It is therefore not believed that the reforms will necessarily provide a reduction in the resource cost to Council in administering its Planning Scheme. A significant task for the Strategic Planning Team will be the implementation of the zones once settled over the coming twelve months. Resources will be prioritised for this purpose.

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4.4. Legal / Risk Implications

The submission itself does not cause any risk or legal implications. The implementation of the new zones will require Council to undertake the necessary consultation with land owners.

5. Appendices

5.1. Appendix 1 – City of Kingston Draft Submission (12/87963) 5.2. Appendix 2 – Attachments to City of Kingston Draft Submission (12/96782) 5.3. Appendix 3 – Submission by Mordialloc Beaumaris Conservation League (12/81506) 5.4. Appendix 4 –Submission by P & S Burr (12/82222)

Author/s: Jonathan Guttmann, Manager City Strategy


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19 September 2012


PROPOSED AMENDMENT C126 CLAYTON SOUTH Contact Officer: Sarah Capenerhurst

Purpose of Report

The purpose of this report is to obtain a resolution from Council to seek authorisation from the Minister of Planning to prepare Amendment C126 under Section 9(2) of the Planning and Environment Act 1987.


No Council officer/s and/or Contractor/s who have provided advice in relation to this report have declared a Conflict of Interest regarding the matter under consideration.

Recommendation

Officers recommend that Council: Resolves that a request be made to the Minister of Planning to authorise the preparation of Amendment C126 under Section 9(2) of the Planning and Environment Act 1987 and proceed with exhibition if authorisation is granted.


The purpose of this Report is to seek a decision of proposed Amendment C126 which involves: Rezone the land from an Industrial 1 Zone to a Residential 1 Zone to 1400 Centre

Road and 1408 Centre Road, Clayton South and a Mixed Use Zone to the remainder of the precinct that extends from aforementioned properties to Audsley Street, Clayton South

Apply a Design and Development Overlay to the entire precinct and insert a new Schedule to the Design and Development Overlay

Apply an Environmental Audit Overlay to the entire precinct. The proposed amendment applies to the industrial land along Centre Road between Audsley Street and Haughton and Main Roads, Clayton South (See Appendix 2). This report recommends that a request be made to the Minister of Planning to authorise the preparation of the Amendment under Section 9(2) of the Planning and Environment Act 1987 and proceed with exhibition if authorisation is granted.

2. Background

The proposed amendment has been made at the request of Tract Consultants Pty Ltd on behalf of Sigma Pharmaceuticals Limited. Tract Consultants approached Council in early 2011 about the potential of amending the Kingston Planning Scheme to facilitate residential development on the Sigma site. The subsequent planning scheme amendment request accords with extensive discussions and is supported by a number of specialist consultant reports which illustrate that there is strong support for a change of land use on what is currently underutilised industrial land to support future residential development.

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The land is located on the boundary of the City of Kingston in Clayton South, on a major road. It is surrounded by a well established existing residential development to the north, east and south, and another industrial pocket to the west of Audsley Street. It is within walking distance of the Clayton Major Activity Centre and railway station.

3. Discussion

3.1. Council Plan Alignment Planned Outcome 2- A Sustainable Environment: Strategy 2.1.2- Review of local planning and processes

Preparing an amendment is consistent with the Council Plan as it relates to reviewing local policies that are no longer consistent with the objectives and policies of the Planning Scheme.

3.2. Consultation/Internal Review All landowners in the industrial precinct, including the west side of Audsley Street, were invited to attend a meeting on 28 February 2012 at Clarinda Community Centre. At the meeting Tract Consultants discussed their preliminary ideas for their client’s land and what the Planning Scheme currently stated about the area. Council Officers then facilitated some discussion regarding the views of landowners around the Sigma Pharmaceuticals site with respect to future land use direction for the area. The main concerns from landowners regard existing use rights, which Council Officers clarified. Internal consultation has been undertaken, with relevant departments (Traffic, Development Engineering, Statutory planning, Environmental Planning, Economic Development, Maintenance Contracts and Waste and Community Engagement) receiving the proposed amendment documentation. Departments were requested to review the consultants reports and the content of the proposed Design and Development overlay and provide any feedback as well as any additional requirements to be built into the Design and Development Overlay. Feedback was received and built into the proposed amendment documentation, specifically the Design and Development Overlay (DDO). Public notice of the proposed amendment is required to be given pursuant to Section 19 of the Planning and Environment Act 1987. Accordingly, this report recommends that Council seek authorisation from the Minister for Planning and if this is provided, place the proposed amendment on public exhibition. It is envisaged that the amendment would be placed on public exhibition for a period of four (4) weeks once authorisation is received with the following consultation to be undertaken: Notices placed in the Government Gazette and local paper Direct notification to nearby landowners and occupiers Amendment documentation available at Council’s Cheltenham office and

website Amendment documentation available at the Department of Planning and

Community Development website.

Based on the nature of the proposed Amendment it is considered that the views of the owners and occupiers of the immediate residential area be sought. In the event that submissions regarding the proposal are received and cannot be resolved, the amendment and permit application will need to be considered by an independent panel appointed by the Minister for Planning.

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3.3. Operation and Strategic Issues 3.3.1. The Subject Precinct

The land is currently zoned for industry on Centre Road between Audsley Street and Haughton Road, Clayton South. The site is bound by Centre Road to the north, Haughton Road/Main Road and the Cranbourne and Pakenham railway line to the east, Audsley Street to the west and residential properties fronting McMillan Street to the south. The site includes nine (9) properties. A summary below of the current use, development and size of each lot within the study are as follows: 1376-1378 Centre Road, Clayton South: FKC convenience restaurant,

smaller industrial lot (approximately 1,600sqm site area) 1380-1388 Centre Road, Clayton South, containing large factory style

buildings (approximately 6,400sqm site area) 1400 Centre Road, Clayton South, containing large factory style

buildings on large industrial lot (approximately 22,000sqm site area) 1408-1418 Centre Road, Clayton South Mulitple large factory style

buildings, offices and car parking (approximately 50,000sqm site area) owned by Sigma Pharmaceuticals limited

456B Haughton Road, Clayton South, large lot containing smaller one-storey building at the heart of the site and carparking (approximately 10,000sqm site area) owned by Sigma Pharmaceuticals.

2 Audsley Street, Clayton South three separate businesses are locate don this property including a car mechanic, a restaurant and a construction supplies business (approximately 1,600sqm site area)

8 Audsley Street, Clayton South, warehouse and storage buildings covering entire site area (approximately 4,500sqm site area)

14-16 Audsley Street, Clayton South, contains 25 smaller strata lots containing light industry, retail and office uses such as door and window manufacturing, computer equipment supplies, office, warehouse/storage (approximately 19,000sqm in total site area)

20-22 Main Road, Clayton South, contains five lots formerly used as a car park for the Sigma site accessed via Main Road. The lots also provide vehicle access to the rear of the Sigma site (approximately 4,700sqm in total site area)

The site is generally rectangular in shape and is approximately 11.5 hectares in total area. The site is relatively flat and contains some planted vegetation adjacent the car parks and roads on the eastern section of the land adjacent Centre and Main Roads. The site has multiple access points and a 308 metre frontage to Centre Road. The site also has vehicle access to Audsley Street, Haughton Road and Main Road. The site is used for a range of industrial and commercial purposes. The buildings range in size, including large, single story, factory style buildings on eastern lots and smaller retail/office spaces and light industry buildings on the remaining sites. The Sigma Pharmaceutical site, the largest lot (approximately 60,000sqm in area) at the eastern end of the industrial precinct contains multiple large factory style buildings, offices and car parking, previously used for pharmaceuticals manufacturing and distribution for more than 40 years. Traditional large scale industrial uses have shifted to nearby industrial areas in Clayton and Dandenong South, which have better truck access and are generally away from residential land. The site is approximately 600 metres south east of the Clayton Major Activity Centre and 1.2km from the Clayton Railway Station on the Cranbourne and Pakenham lines, which provide direct access from the site to the CBD and wider south-east region of Melbourne. The surrounding area offers major employment, social and recreational opportunities that are easily accessible from the subject site. The Monash University Campus is located 3.5km to the north of the site.

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3.3.2. The Proposal Sigma’s operations have been discontinued at this location and relocated to Rowville. Following the decision by Sigma to consolidate its operations, Sigma put the land on the market. The sale for the land proved unsuccessful as any potential purchaser would only progress discussions if the site were rezoned to allow residential uses. It is proposed to rezone 1400 & 1408 Centre Road to the Residential 1 zone and the wider precinct to Mixed Use (see appendix 1). The site is comprised of currently underutilised industrial land, and the proposal to rezone the precinct will take advantage of the existing infrastructure available to the site.

3.3.3. Proposed Zoning and Design and Development Overlay

The subject site is currently zoned Industrial 1 and Residential 3. It is proposed to rezone the site to part Residential 1 and part Mixed Use. This would allow for the use of precinct for dwellings and employment generating uses subject to a planning permit. The Design and Development Overlay Schedule 23 (appendix 3) has being designed to ensure that the subject land, when redeveloped, is done so to a high standard of urban design. The Design and Development Overlay encourages residential redevelopment that provides for integration with the existing residential community to minimise any adverse impacts, environmental sustainable design and appropriate mitigation from activities on abutting industrial zoned land. Built form will be required to be setback from the southern boundary in accordance with ResCode standards as set out in Clause 54 and 55 of the Kingston Planning Scheme.

3.4. Options

3.4.1. Option 1 Under Section 9(2) of the Planning and Environment Act 1987 request authorization from the Minister of Planning to prepare the and proceed with exhibition once authorisation is granted (preferred option).

3.4.2. Option 2 Decide not to proceed with a request for authorisation.

4. Conclusion

4.1. Environmental Implications The application of the Environmental Audit Overlay will ensure land is appropriately remediated prior to any sensitive land uses (residential) commencing on the site.

4.2. Social Implications

The rezoning of the land will deliver opportunities for innovative development with social and economic benefits to the neighbourhood and will address the current interface conflicts between the industrial and residential land uses by eliminating the conflict on the southern boundary as well as the northern and eastern interface.

4.3. Resource Implications

If the amendment were to proceed there may be an increase in planning applications for Council Officers to assess, however it is anticipated that these would not create a significant impact on the Statutory Planning Department.

4.4. Legal / Risk Implications Consideration has been given to the matters raised in relation to this Amendment against the relevant legislation.

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5. Appendices

5.1. Appendix 1 (12/88914) – Map of proposed rezoning- illustrating Residential Zone/Mixed Use Zone

5.2. Appendix 2 (12/88922) – Map of proposed rezoning. 5.3. Appendix 3 (12/90301) Design and Development Overlay Schedule 24- Clayton

South

Author/s: Sarah Capenerhurst, Strategic Planner


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12/97085


19 September 2012


NOTICE OF MOTION NO. 27/2012 – CR PEULICH I move to rescind Item PC 46 of the 22 August 2012 Planning Meeting. Cr Paul Peulich 22 August 2012

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