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CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG ON THURSDAY 20 OCTOBER 2016 Meeting opened at 5:00pm. 1. COMMITTEE MEMBERS PRESENT : JOANNE VAN SLAGEREN, MELISSA GARRETT, SARAH STOREN AND JOHN BRYCE 2. OTHER OFFICERS PRESENT: MATTHEW CAMPBELL 3. APOLOGIES: NIL 4. CONFIRMATION OF MINUTES : MOVED: MELISSA GARRETT SECONDED: SARAH STOREN That the minutes of the meeting of 6 OCTOBER 2016 as circulated be adopted. Carried 5. DECLARATION OF INTEREST : NIL 6. MATTERS FOR CONSIDERATION :

 · Web viewAn appropriate on site detention system designed in accordance with the Infrastructure Design Manual may be required; ii) Runoff is to be treated to achieve current best

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CITY OF GREATER GEELONG

DEVELOPMENT HEARINGS PANEL

MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE,100 BROUGHAM STREET, GEELONG

ON THURSDAY 20 OCTOBER 2016

Meeting opened at 5:00pm.

1. COMMITTEE MEMBERS PRESENT:

JOANNE VAN SLAGEREN, MELISSA GARRETT, SARAH STOREN AND JOHN BRYCE

2. OTHER OFFICERS PRESENT:

MATTHEW CAMPBELL

3. APOLOGIES:

NIL

4. CONFIRMATION OF MINUTES:

MOVED: MELISSA GARRETT SECONDED: SARAH STOREN

That the minutes of the meeting of 6 OCTOBER 2016 as circulated be adopted.

Carried

5. DECLARATION OF INTEREST:

NIL

6. MATTERS FOR CONSIDERATION :

Development Hearings Panel Page 2Meeting No.531Date:20 October 2016

Application No: PP-826-2016

Applicant: Tony Preiato & Assoc

Subject Land: 10 Bourbon Way, WAURN PONDS

Owner: N Spicer and J C R Goh

Zone: General Residential Zone (Schedule 1)

Overlays: Nil

Existing Use: Single Dwelling

Proposal: Three Lot Subdivision

Indicates Objectors

10 BOURBON WAY, WAURN PONDS

Subject Site

Development Hearings Panel Page 3Meeting No.531Date:20 October 2016

Summary The subject site is 1759 square metres in area and located on the eastern side of Bourbon

Way in Waurn Ponds. The site has a splayed street frontage with an overall width of 29.98 metres and a maximum depth of 61.98 metres.

The site slopes from south-west to north-east falling from 48m AHD to approximately 45.5m AHD over approximately 67 metres. The site currently contains a single storey dwelling and an outbuilding. A three metre wide drainage and sewerage easement traverses the rear boundary.

The application proposes subdivision of the land into three lots. Lots 1 and 2 would have equal 13 metre frontages to Bourbon Way and be approximately 545 square metres in area. Lot 3 would be located at the rear of the lot and be accessed via a four metre wide accessway along the southern boundary and be 689 square metres in area.

The site is located within the General Residential Zone (Schedule 1) and is not affected by any overlays.

The application was placed on public notice on 15 August 2016 by way of one sign on site and letters to adjoining and nearby land owners and occupiers. As a result of notification 19 objections have been received. The objections generally relate to traffic and parking impacts including road safety, neighbourhood character and impacts on property values.

The application was assessed against the provisions of the General Residential Zone (Schedule 1), and the relevant provisions of the State Planning Policy Framework, Municipal Strategic Statement and Clause 56 of the Greater Geelong Planning Scheme. The application was found to be appropriately compliant with the relevant provisions.

It is therefore recommended that the application be supported and a Notice of Decision to Grant a Planning Permit be issued subject to conditions

MOVED: MELISSA GARRETT SECONDED: SARAH STOREN

That the Responsible Authority, having considered all matters which the Planning and Environment Act 1987 requires it to consider, decides to Issue a Notice of Decision to Grant a Planning Permit for a Three Lot Subdivision at 10 Bourbon Way, WAURN PONDS in accordance with the plans submitted with the application and subject to the following conditions:

Endorsed Plan

1. The layout and site dimensions of the proposed subdivision as shown on the endorsed plan must not be altered or modified without the written consent of the Responsible Authority. There are no requirements to alter or modify the endorsed plan if a plan is certified under the provisions of the Subdivision Act 1988 that is generally in accordance with the endorsed plans.

Prior to Certification

2. The Plan of Subdivision submitted for certification must include all easements deemed necessary to protect existing or future drainage lines within the subject site, and any easements required between the subject site and the nominated legal point of discharge must be created to the satisfaction of the Responsible Authority.

Development Hearings Panel Page 4Meeting No.531Date:20 October 2016

Telecommunications

3. The owner of the land must enter into an agreement with:a) A telecommunications network or service provider for the provision of

telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Prior to Statement of Compliance

4. Unless otherwise approved in writing by the Responsible Authority, prior to the issue of Statement of Compliance, the permit holder must:

a) Construct the site stormwater system including connections for each lot into the underground drain in the rear easement, or other nominated point/s as approved by the Responsible Authority. The stormwater connection must be in accordance with City of Greater Geelong Standard Drawings.

b) Construct vehicular crossings to a minimum four metres in width in accordance with the requirements and standards of the City of Greater Geelong. Any redundant vehicular crossings must be removed, kerb and channel reinstated and the footpath/nature strip area reinstated to match existing construction in the street.

c) Remove, relocate or demolish the existing buildings and services located on the land. Photographic evidence must be submitted to the Responsible Authority that the land is vacant;

d) Design and install the site drainage and stormwater system such that:

i) The site stormwater discharge is not increased by the proposed development. An appropriate on site detention system designed in accordance with the Infrastructure Design Manual may be required;

ii) Runoff is to be treated to achieve current best practice pollutant removal targets by connection to an appropriate Water Treatment Facility, with capacity to treat at least a 3 month ARI storm event, unless approved otherwise by the Responsible Authority. The Water Treatment Facility must be maintained to the satisfaction of the Responsible Authority. 

e) Pay to the Council a sum equivalent to two per cent of the site value of all of the land in the subdivision as a Public Open Space contribution pursuant to Section 18 of the Subdivision Act 1988.

All to the satisfaction of the Responsible Authority.

Development Hearings Panel Page 5Meeting No.531Date:20 October 2016

5. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:

a) A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider’s requirements and relevant legislation at the time; and

b) A suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Powercor Conditions

6. The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

7. The applicant shall provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor.

8. The applicant shall, where buildings or other installations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Installation Rules issued by the Victorian Electricity Supply Industry. You shall arrange compliance through a Registered Electrical Contractor and provide to Powercor Australia Ltd a completed Electrical Safety Certificate in accordance with Electricity Safe Victoria’s Electrical Safety System.

9. The applicant shall provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

10. Any Buildings must comply with the clearances required by the Electricity Safety (Installations) Regulations.

11. Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

Barwon Water Conditions

General

12. The owner shall create easements for Pipelines or Ancillary Purposes in Favour of Barwon Region Water Corporation over all existing and proposed sewers located within the subdivision. The width of these easements shall be 2.2m and located along the eastern boundary of Lot 3. A 2.0m wide easement in favour of Barwon Region Water Corporation is required over the proposed sewer located along the northern boundary of Lot 3 and eastern boundary of Lot 1.

Development Hearings Panel Page 6Meeting No.531Date:20 October 2016

13. The plan of subdivision must be referred to Barwon Water in accordance with the Subdivision Act 1988 and any subsequent amendments to the plan provided to Barwon Water.

Water

14. The provision and installation of individual water services including meters to all lots in the subdivision. A dimensioned plan showing location of all meters relative to the allotment boundaries, and its number, is to be submitted. Note that tappings and services are not to be located under existing or proposed driveways.

15. The payment of New Customer Contributions for water for each additional connection which includes any new lot on a plan of subdivision and/ or any apartment, unit, or premises within the development that is or can be separately metered for water supply.

16. Additional tappings are to be supplied to service the proposed development.

17. Barwon Water's records indicate that an existing water service and meter is located on this property. A dimensioned plan showing the location of existing meters, and the location of the meter relative to the existing boundaries, and its number, is to be submitted. Private water service pipes are not permitted to cross allotment boundaries and must be plugged and abandoned at the boundaries of such allotments.

Sewer

18. The provision of sewerage services to all lots in the subdivision. Individual allotment house connection drains are to be provided for and extend into each allotment. Note that if any common drain or drain from another allotment crosses under a proposed dwelling, a "modification to consent" is to be obtained from the Victorian Building Association and presented to Barwon Water with the required drainage plan. It should be noted that the property service sewer drain remains the responsibility of the property owner(s).

19. The payment of New Customer Contributions for sewer for each additional connection which includes any new lot on a plan of subdivision and/ or any apartment, unit, or premises within the development that is or can be separately metered (for water supply).

20. Reticulated sewer mains or a sewer main extension are/ is required to service the proposed development. This work must be designed by a Barwon Water accredited Consulting Engineer and constructed by a Barwon Water accredited Contractor following the "Developer Works" process.

Development Hearings Panel Page 7Meeting No.531Date:20 October 2016

21. Any existing house connection branch that is to be utilised for additional connections or altered to serve the development is to be CCTV inspected with the report and/or video submitted to Barwon Water for condition assessment. If it is deemed by Barwon Water that the house connection branch is unsatisfactory for use, it is to be removed and replaced at the developer's expense. If the branch is greater than 4.0 metres deep, a new sewer manhole is to be constructed with the new house connection branch connected to this structure. Any property connection branch no longer required is to be decommissioned in accordance with Barwon Water's "Property connection decommissioning process". Details of this process are available on Barwon Water's website under the business -> property connections section. Also, any existing house connection drain that traverses through the proposed allotments shall be relocated so not to inhibit future development.

Note: The developer is to apply to Barwon Water for details relating to costs and conditions required for the provision of water supply and sewerage services to the subdivision.

It would be appreciated if all communication between the developer/agent and Barwon Water quote Barwon Water reference number L012702

Tenix Conditions

22. The plan of subdivision submitted for certification must be referred to AusNet Services (Gas) in accordance with Section 8 of the Subdivision Act 1988.

Permit Expiry

23. This permit as it relates to subdivision will expire if one of the following circumstances applies:

a) The plan of subdivision has not been certified within two (2) years of the date of this permit.

b) A statement of compliance is not issued within five (5) years of the date of certification.

The Responsible Authority may extend the periods referred to in part a) above if a request is made in writing before the permit expires or within six (6) months afterwards.

Note

1. Construction of the site stormwater connection/s is to be inspected by Council Representative at various stages. An appropriate fee equivalent to 3.25% of total cost of civil works, excluding GST (a minimum fee of $100 applies if the 3.25% amount is less than $100), is to be paid to Council for inspection. Relevant evidential documentation of the cost is to be provided.

2. All internal property drainage must be designed and constructed to satisfy AS/NZS 3500.

3. A Vehicle Crossing Permit must be obtained prior to commencement of works.

CARRIED

Development Hearings Panel Page 8Meeting No.531Date:20 October 2016

Report

Site and Locality

The site is located on the eastern side of Bourbon Way, Waurn Ponds. It is generally rectangular in shape and has a total area of approximately 1759 square metres and a street frontage of 24.8 metres. There are some large trees located on the site, including in the front setback area. The site can be seen in the aerial image below:

The site is burdened by a three metre wide drainage and sewerage easement that traverses the rear boundary.

The site and surrounding area are located with the General Residential Zone (Schedule 1) and is not affected by any overlays. The site is located in an established residential area which is located towards the western boundary of the municipality. The Geelong Ring Road is located behind the lots opposite the subject site.

Development Hearings Panel Page 9Meeting No.531Date:20 October 2016

Land in Bourbon Way is developed in two distinct ways. Land at the northern end of the street is subdivided into large lots of around 1600 square metres in area which are generally developed with large single dwellings surrounded by expansive garden areas. However it is noted that the site at 1 Bourbon Way is developed with seven dwellings and 15 Bourbon Way has been developed with 5 dwellings. The lots generally have curved driveways or significant on site areas to cater for vehicle parking in addition to garaging. Land at the southern end of the street and within Beaujolais Place is subdivided into lots of around 650 square metres and generally these lots are developed with large single dwellings with small garden areas and small front setbacks.

Development Hearings Panel Page 10Meeting No.531Date:20 October 2016

Aerial image of surrounding area (2016)

Bourbon Way is a narrow road with a road pavement of approximately 5.5 metres in width. It is a local street which also provides access to a small court known as Beaujolais Place. Bourbon Way currently serves 38 dwellings.

The site is located within proximity of two nearby homemaker centres and also the Waurn Ponds Shopping Centre and Deakin University.

Proposal

The application proposes subdivision of the land into three lots. No development is proposed.

Lot 1 is proposed on the northern side of the lot with an area of 521.5 square metres, a 12.6 metre frontage to Bourbon Way and an overall depth of approximately 41 metres.

Lot 2 is proposed on the southern side of lot 1 with an area of 542.09 square metres, an effective frontage to Bourbon Way of approximately 13 metres and a depth of approximately 41 metres.

Lot 3 is proposed to be located at the rear of the proposed lots 1 and 2 and be accessed via a 4.0 metre wide, 41 metre long accessway along the southern boundary of the lot. The lot would have an area of approximately 695.3 square metres.

Development Hearings Panel Page 11Meeting No.531Date:20 October 2016

The existing vehicle crossing is proposed to be removed and new crossings be provided for each lot.

Greater Geelong Planning Scheme

Definition

Subdivision is not defined or nested in the Planning Scheme.

A lot is defined as a part (consisting of one or more pieces) of any land (except a road, a reserve, or common property) shown on a plan, which can be disposed of separately and includes a unit or accessory unit on a registered plan of strata subdivision and a lot or accessory lot on a registered plan.

Subdivision is defined in the Subdivision Act 1988 as the division of land into two or more parts which can be disposed of separately.

ZoneThe subject site is located within the General Residential Zone (Schedule 1).

The purpose of the General Residential Zone is:

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage development that respects the neighbourhood character of the area. To implement neighbourhood character policy and adopted neighbourhood character

guidelines. To provide a diversity of housing types and moderate housing growth in locations offering

good access to services and transport. To allow educational, recreational, religious, community and a limited range of other non-

residential uses to serve local community needs in appropriate locations.

Permit Required Clause and Condition

Pursuant to Clause 32.08-2 of the General Residential Zone a permit is required to subdivide land.

Restrictive Covenant

The subject site is not burdened by a Restrictive Covenant or Section 173 Agreement.

Development Hearings Panel Page 12Meeting No.531Date:20 October 2016

Cultural Heritage Management Plan (CHMP)

Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the Aboriginal Heritage Regulations 2007. Part 2 - Division 3 does not identify the site or part of the site as within an area of cultural heritage sensitivity. In accordance with the above, a Cultural Heritage Management Plan is not required.

Coastal Inundation and Erosion

Clause 13.01-1 of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change.

Strategies include: In planning for possible sea level rise, an increase of 0.2 metres over current 1 in

100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill).

Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change.

Consider the risks associated with climate change in planning and management decision making processes.

The subject site is located within close proximity of existing urban development.

Council’s data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at 2040.

Landfill Gas Risk Assessment

Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things: Any significant effects the responsible authority considers the environment may have on the

use or development [S 60(1) of the PEA]. Clause 13.01-1 of The State Planning Policy Framework which aims to ensure that potentially

contaminated land is suitable for its intended future use and development, and that contaminated land is used safely.

The EPA has adopted the “Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills” (September 2010) or “Landfill BPEM.”.

The Landfill BPEM identifies that: Risks associated with landfill gases may occur for at least 30 years post-closure. Appropriate buffer distances must be maintained between the landfill and sensitive land uses.

The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained non-putrescible waste.

Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated.

All buildings and structures and associated infrastructure should be considered.

The BPEM specifies that development undertaken within a buffer distance of up to 500 metres may be at risk. As the subject site is not located within 500 metres of an identified former landfill site, a risk assessment is not required.

Officer Direct or Indirect Interest:

No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act.

Development Hearings Panel Page 13Meeting No.531Date:20 October 2016

State Planning Policy Framework

Relevant provisions include:

11.04-2 – Housing choice and affordability

ObjectiveTo provide a diversity of housing in defined locations that cater for different households and are close to jobs and services.

Strategies Understand and plan for expected housing needs. Reduce the cost of living by increasing housing supply near services and public transport. Facilitate the supply of affordable housing.

11.07-2 – Knowledge and Innovation

ObjectiveTo build and support diversity, knowledge and innovation.

Strategies Support diversity and innovation through a range of affordable education, housing types,

service provision, technology, employment and social opportunities. Provide a range of housing types with a mix of infill and greenfield options.

16 - Housing

Planning should provide for housing diversity, and ensure the efficient provision of supporting infrastructure.

New housing should have access to services and be planned for long term sustainability, including walkability to activity centres, public transport, schools and open space.

Planning for housing should include providing land for affordable housing.

16.01-1 - Integrated Housing

ObjectiveTo promote a housing market that meets community needs.

Strategies Increase the supply of housing in existing urban areas by facilitating increased housing yield

in appropriate locations, including under-utilised urban land. Ensure that the planning system supports the appropriate quantity, quality and type of

housing, including the provision of aged care facilities. Ensure housing developments are integrated with infrastructure and services, whether they

are located in existing suburbs, growth areas or regional towns. Encourage housing that is both water efficient and energy efficient.

16.01- 2 - Location of Residential Development

ObjectiveTo locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport.

Strategies Encourage higher density housing development on sites that are well located in relation to

activity centres, employment corridors and public transport. Ensure an adequate supply of redevelopment opportunities within the established urban area

to reduce the pressure for fringe development.

Development Hearings Panel Page 14Meeting No.531Date:20 October 2016

Facilitate residential development that is cost-effective in infrastructure provision and use, energy efficient, incorporates water efficient design principles and encourages public transport use.

Identify opportunities for increased residential densities to help consolidate urban areas.

16.01-4 - Housing Diversity

ObjectiveTo provide for a range of housing types to meet increasingly diverse needs

Strategies Ensure housing stock matches changing demand by widening housing choice, particularly in

the middle and outer suburbs. Encourage the development of well-designed medium-density housing which:

o Respects the neighbourhood character.o Improves housing choice.o Makes better use of existing infrastructure.o Improves energy efficiency of housing.

Support opportunities for a wide range of income groups to choose housing in well-serviced locations.

Ensure planning for growth areas provides for a mix of housing types and higher housing densities in and around activity centres.

16.01-5 - Housing Affordability

ObjectiveTo deliver more affordable housing closer to jobs, transport and services.

StrategiesImprove housing affordability by: Ensuring land supply continues to be sufficient to meet demand. Increasing choice in housing type, tenure and cost to meet the needs of households as they

move through life cycle changes and to support diverse communities. Promoting good housing and urban design to minimise negative environmental impacts and

keep down costs for residents and the wider community.Municipal Strategic Statement

Relevant provisions include:

21.06-3 - Urban consolidation

Objectives provide for the consolidation of existing urban areas in a managed way. encourage an appropriate range of development densities. improve accessibility to urban services.

Strategies Manage urban consolidation and housing change across the municipality, by:

o Supporting appropriate medium density housing in the General Residential Zone (Schedule 1) areas.

o Providing for incremental change in the General Residential Zone (Schedule 2) areas.o Limiting change in the Neighbourhood Residential Zone areas.

21.06-4 - Neighbourhood character

Objectives manage the impact of urban change on existing neighbourhoods. ensure that new development responds to the existing neighbourhood character. protect areas with a significant garden character.

Development Hearings Panel Page 15Meeting No.531Date:20 October 2016

Strategies Support appropriate medium density housing that respects the existing neighbourhood

character in the General Residential Zone areas. Retain existing vegetation wherever possible, particularly vegetation that contributes to the

municipality’s tree canopy.

ReferralsInternal

Department: Engineering ServicesResponse: The application was supported and standard conditions were suggested.Officer Comment:Generally the suggested conditions have been included in the permit.

Amendment of the Proposal Prior to Public Notification

The application was not amended prior to public notification.

Public Notification

The application is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act and pursuant to Section 52 of the Planning and Environment Act 1987 the following forms of advertising were undertaken:

Notices were sent to owners and occupiers of adjoining land (including opposite) An A2 sign was placed on the land

Council has received 19 objections to the application.

A consultation meeting was not held at the request of the permit applicant.

Amendment of the Application Following Public Notification

The applicant made a request to amend the application following public notification pursuant to Section 57A of the Planning and Environment Act 1987 on 11 Oct 2016. Council has accepted the amendment. The amendment made the following changes to the application: Correct proposed lot sizes.

These are the plans currently under assessment.

It was not considered necessary to readvertise the proposal based on the amendment, as the amendment would not result in any additional material detriment compared with the advertised application, for the following reasons: The amendment corrected a calculation error of the proposed lot sizes. The lot

layout and number of proposed lots was not altered.

Objections

The objections received are summarised as follows:

Lot size, layout and presentation to street is inconsistent with Neighbourhood Character; Impacts on on-street parking and pedestrian safety, including emergency services access; No building envelopes are proposed to control development; Removal of existing vegetation; Impacts of lots being used for student housing; Reduction in property values; Noise impacts from future development; Impacts from construction on the lots;

Development Hearings Panel Page 16Meeting No.531Date:20 October 2016

Inconsistent with Clause 55 of the Planning Scheme; Inconsistent with Clause 22.63 (Increased Housing Diversity Areas); Inconsistent with Clause 15.01 of the Planning Scheme; Inconsistent with VCAT decision 2000/050286

Lot size, layout and presentation to street is inconsistent with Neighbourhood Character. The planning policy framework encourages the development of a range of dwellings for a variety of household types, while other policies encourage the consolidation of existing urban areas to make more efficient use of land and better use of existing infrastructure. It is very clear that the application will increase the diversity of housing in the area beyond that of a single dwelling on a large lot. The planning policy framework sets out that opportunities for diversity of housing choice should be pursued and residential areas should provide a range of dwellings for a variety of household types. It is considered that the application accords with this aim.

In 2012 Member Paterson made the following comments in Curren & Ors v Greater Geelong CC [2012] VCAT 1467 for the development opposite the subject site at 15 Bourbon Way:

17. Ms Lee submitted that the large lot sizes within the area give the area a semi-rural feel. However, this was not my impression when I visited the area. Whilst some of the allotments with Bourbon Way are large, they have clearly been developed for residential purposes, typically a large dwelling with well landscaped gardens including structures such as a pool or a tennis court. Two of the larger allotments have been developed for medium density housing, and I consider it likely that this trend will continue. The smaller allotments at the south of Bourbon Way have been more intensively developed, and have less landscaping, primarily due to their reduced size. Dwellings in the area are large, but predominately single storey. Roof pitches are usually pitched and the predominate building material is brick or render.

With regards to character, the Victorian Civil and Administration Tribunal (VCAT) have previously commented in lIoray Ptv Ltd v Darebin CC and Ors [2003] VCAT 692:

53. In considering this issue, the first point to be made is that the notion of development which is ''respectful'' of neighbourhood character does not imply that such development must be the same as what already exists. If policy, the purpose of the zone and the objectives of Clause 55 were calling for the development that is more of the same, then they would say so. Rather the notion of "respectful" development must embrace the need for change and diversity in the type of dwellings that are provided and an increase in the intensity of development in circumstances where this is encouraged by planning policy and the purpose of the zone.

As noted above, expectations for neighbourhood character outcomes must be derived from the planning policy framework. Given that the site is not subject to a single dwelling covenant or any form of prescriptive neighbourhood character controls, there is potential that the lots in the area could be developed further. The site and surrounding area is located in the General Residential Zone (Schedule 1). A purpose of this zone is to provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport. This purpose is further supported by the strategies of Clause 21.06 which includes:

Supporting appropriate medium density housing in the General Residential Zone (Schedule 1) areas.

On balance it is considered that the proposed subdivision is appropriately supported by relevant planning policy that encourages urban consolidation and is consistent with the purpose of the General Residential Zone.

Development Hearings Panel Page 17Meeting No.531Date:20 October 2016

Impacts on on-street parking and pedestrian safety, including emergency services access No development is proposed as part of this application and as such no statutory parking rate applies. If a single dwelling is constructed on any or all of the individual lots they will be required to comply with the relevant Building Regulations including the provision of on site parking. The on-street parking in Bourbon Way is not currently subject to a residential permit or restricted hours.

It is understood that recently the residents of Bourbon Way have been advised by Councils Local Laws unit of the legal obligations of parking on the street with regard to maintaining access along the carriageway at all times. This issue is not a matter that can be addressed by a subdivision application.

As set out above, no development is proposed as part of the application. The relevant planning controls allow for single dwellings to be constructed on lots of 300 square metres or more without the need for a Planning Permit.

Those accessing the site via the street network will be bound by road rules. Increases in traffic can occur without jeopardising safety, mindful that all drivers and pedestrians must take responsibility to exercise due care. There will still continue to be limited traffic using the street and the situation will not be markedly changed by the approval of the application for two additional lots.

No building envelopes proposed to control developmentA number of objections received request building envelopes be included on the plan to limit the size, height and number of bedrooms within any dwelling constructed on the land.

It is not considered necessary to require building envelopes be included on the proposed lots. The size of the proposed lots is sufficient to comfortably contain a single dwelling, services and on site parking. Additionally, a building envelope can only control the physical location of a building on the site, it cannot control the number of bedrooms or the height of a building.

Additionally, under the provisions of the General Residential Zone, a planning permit is not required for the construction of a single dwelling on a lot greater than 300 square metres. Any proposal for further subdivision or multiple dwellings on a lot created would be subject to a Planning Permit and would be publicly notified.

At this point there can be no assessment made of the types of dwellings that may be developed on this block. The subdivision layout and the sizes of the proposed lots are not considered to result in an outcome that would prevent any future dwellings from appropriately responding to the character of the area.

Removal of existing vegetation There are a number of trees located on the site, however there are no vegetation controls affecting the site under the provisions of the Planning Scheme. The lot is less than 4000 square metres in area and there is no permit trigger to remove the vegetation on the site. The trees could be removed at any time without the requirement of a planning permit.

Development Hearings Panel Page 18Meeting No.531Date:20 October 2016

Student HousingThe application before Council is for subdivision of land. No development is proposed.

Student housing is not a use defined by the Greater Geelong Planning Scheme. Under the Shared Housing provisions of Clause 52.23, a permit is not required to use a building, including outbuildings normal to a dwelling, to house a person, people and any dependants or 2 or more people if the building meets all of the following requirements:

Is in an area or zone which is used mainly for housing. Provides self contained accommodation. Does not have more than 10 habitable rooms.

A building that does not meet these requirements will require a Planning Permit to use a building, including outbuildings normal to a dwelling, to house a person, people and any dependants or 2 or more people and would be subject to public notice.

The development will devalue property prices in the area.VCAT have regularly determined that the issue of potential property devaluation is not a relevant planning consideration.

Noise impacts from future development.Likely noise associated with the development would be residential noise, which can be reasonably expected within a residential area. Any unreasonable noise is a matter for Victoria Police or Councils Local Laws unit (as appropriate).

Impacts from construction on the lotsThere is no development proposed as part of the application.

Inconsistent with Clause 55 and 22.63 of the Greater Geelong Planning SchemeClause 55 of the Greater Geelong Planning Scheme applies to applications for two or more dwellings on a lot. No development is proposed as part of the application, as such the provisions of Clause 55 are not applicable to the assessment of this application.

Similarly, Clause 22.63 applies to areas of increased housing diversity as identified by the City of Greater Geelong Housing Diversity Strategy (2007). The subject site and surrounds are not located within an area identified by the strategy and so Clause 22.63 is not applicable to the assessment of this application.

Inconsistent with State and Local Planning PolicyAn assessment of the application against relevant State and Local policy is contained later in this report.

Inconsistent with VCAT decision 2000/050286In 2001 Member Jane Monk decided on an application which proposed a five lot subdivision at 1 Bourbon Way.

At the time, the Member considered that a five lot subdivision would result in a built form outcome that was not respectful of the character of the area and comments that;

I accept that the larger lot character of the precinct between Ghazeepore and Anglesea roads is one that makes an appropriate transition between the urban area and the rural residential fringe to its immediate west and is appropriate for retention. I also accept that being at the fringe it may be considered differently to land more centrally located within Geelong’s identified growth corridors.

Development Hearings Panel Page 19Meeting No.531Date:20 October 2016

Despite the comments above, a permit was issued by the Tribunal for a three lot subdivision.

The development context of the site and surrounds has changed significantly since the decision referenced above was made by Member Monk in 2001. Satellite imagery below (2004 and 2016) clearly demonstrate the change to the area.

At the time the decision was made in 2001 it may have been appropriate to describe this area as semi rural and as a fringe area. It is considered this description is no longer appropriate and the site is now properly described as an urban area. The surrounding land on the eastern side of the Geelong Ring Road (which has also been constructed in this time) has been almost completely developed for conventional residential purposes, there are no longer expanses of undeveloped land within proximity to the site.

As above, in the most recent VCAT decision regarding an increase to density in Bourbon Way, Member Paterson commented that her impression of the area was not of a semi-rural character and that the development of the larger lots in Bourbon Way for medium density housing was likely to continue.

The decision mentioned also predates ResCode and are prior to the current iteration of the Planning Scheme where via Amendment C300 Council nominated areas which had a garden character where larger private open space areas are required, zoning these areas General Residential Zone (Schedule 2). The site is in the General Residential Zone (Schedule 1) and as such, is appropriate for medium density development provided that the development is appropriately consistent with relevant policy and complies with Clause 56.

Development Hearings Panel Page 20Meeting No.531Date:20 October 2016

Satellite Image: 3 Feb 2004 (earliest imagery available) Satellite Image: 3 Jan 2016 (latest imagery available)

Development Hearings Panel Page 21Meeting No.531Date:20 October 2016

Assessment

The site and surrounding area is located in the General Residential Zone (Schedule 1). A purpose of this zone is to provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport. The zoning provisions also encourage development that is respectful of neighbourhood character. As set out above, the application accords with the purpose of the zone providing for a increased density in an existing area with appropriate access to infrastructure and services, which assists in providing for a range of housing in the area.

The zoning provisions set out that the application must be assessed against Clause 56 and this assessment is set out below.

It is considered that the application responds to the planning policy framework, as it assists in ensuring a more compact urban form. The application also assists in making good use of established infrastructure items, such as roads, drainage and parkland. Clause 21.06-2 seeks to promote housing affordability through the promotion of competition in the housing market and the development of a diverse range of housing stock. It is considered that this objective has been achieved in the development.

Clause 21.06-3 sets out the following objectives: To provide for the consolidation of existing urban areas in a managed way. To encourage an appropriate range of development densities.

The following strategy is included: Supporting appropriate medium density housing in the General Residential Zone (Schedule

1) areas.

Clause 21.06-4 (Neighbourhood character) seeks to manage the impact of urban change on existing neighbourhoods, by ensuring that new development responds to the existing neighbourhood character.

It is considered that the application responds to the character of the area by creating lots of sufficient size that can be developed in a way that is responsive to the existing character of the street and in accordance with the City’s urban growth and housing policy objectives assisting in consolidating the existing urban fabric, as encouraged in policy. It also assists in making better use of existing urban infrastructure and contributes to a more urban form and avoiding urban sprawl.

The subdivision layout is considered to promote energy efficiency with the all lots having appropriate solar orientation. The subdivision can support development which is in keeping with area and is serviced by the required infrastructure.

The subject site is a large parcel of residential land that is considered to have few design constraints. Under the General Residential Zone (schedule 1) there are no density controls restricting the size of lots which can be created. The proposed area of each lot is considered capable of containing a detached dwelling, ancillary outbuildings, along with adequate open space for recreational needs and landscaping. It is therefore expected that the subdivision can be developed to respect the existing and preferred neighbourhood character for the area.

The proposal has been assessed against the above and is considered to accord with the decision guidelines of Clause 65 of the Greater Geelong Planning Scheme.

Development Hearings Panel Page 22Meeting No.531Date:20 October 2016

The land is suitable for subdivision and the creation of additional lots in this area assists in ensuring a diversity of housing opportunities in this area. The area and dimensions of each lot are appropriate in the context of the neighbourhood and the site is serviced by the required infrastructure.

Relevant Particular Provisions

Clause 52.01– Public open space contribution

A person who proposes to subdivide land must make a contribution to the council for public open space in an amount specified in the schedule to this clause (being a percentage of the land intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such land, or a combination of both). If no amount is specified, a contribution for public open space may still be required under Section 18 of the Subdivision Act 1988.

Response Pursuant to the schedule to Clause 52.01, the following contribution is required to be made:

Creation of one additional lot NoneCreation of two to nine additional lots 1 percent per additional lot up to

a maximum of 5 percentCreation of 10 or more lots on land zoned for residential purposes prior to August 31st 2007

5 percent

Creation of 10 or more lots on land zoned for residential purposes after August 31st 2007

10 percent

Waurn Ponds Creek Environs 10 percent

The subject site is not located within the Waurn Ponds Creek Environs as identified in the map within the Schedule to Clause 52.01.

Pursuant to the above table a two percent contribution is required to be made. A condition of permit requires a cash contribution to be made.

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Clause 56 - ResCode Assessment

The development is required to be assessed against Clause 56, and this assessment is set out below. The provisions of the Scheme set out that the application should meet all of the standards in Clause 56 except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2, 56.06-1, 56.06-3 and 56.06-6.

56.03-5 Neighbourhood character objectiveTo design subdivisions that respond to neighbourhood character.

Standard C6Subdivision should: Respect the existing neighbourhood character or

achieve a preferred neighbourhood character consistent with any relevant neighbourhood character objective, policy or statement set out in this scheme.

Respond to and integrate with the surrounding urban environment.

Protect significant vegetation and site features.

CompliesThe development responds to the character of the area by providing for lot sizes which it is envisaged will be able to be developed in a way which complements the character of the area.

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56.04Lot diversity and distribution objectivesTo achieve housing densities that support compact and walkable neighbourhoods and the efficient provision of public transport services.To provide higher housing densities within walking distance of activity centres.To achieve increased housing densities in designated growth areas.To provide a range of lot sizes to suit a variety of dwelling and household types.

Standard C7A subdivision should implement any relevant housing strategy, plan or policy for the area set out in this scheme.Lot sizes and mix should achieve the average net residential density specified in any zone or overlay that applies to the land or in any relevant policy for the area set out in this scheme.A range and mix of lot sizes should be provided including lots suitable for the development of: Single dwellings. Two dwellings or more. Higher density housing. Residential buildings and Retirement villages.Unless the site is constrained by topography or other site conditions, lot distribution should provide for 95 per cent of dwellings to be located no more than 400 metre street walking distance from the nearest existing or proposed bus stop, 600 metres street walking distance from the nearest existing or proposed tram stop and 800 metres street walking distance from the nearest existing or proposed railway station.Lots of 300 square metres or less in area, lots suitable for the development of two dwellings or more, lots suitable for higher density housing and lots suitable for Residential buildings and Retirement villages should be located in and within 400 metres street walking distance of an activity centre.

CompliesThe subdivision responds to the opportunities of the site by creating a total of three residential lots within an existing residential area. Given the context of the site, it is considered that two additional lots is an appropriate outcome for the site.

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56.04-2 Lot area and building envelopes objectiveTo provide lots with areas and dimensions that enable the appropriate siting and construction of a dwelling, solar access, private open space, vehicle access and parking, water management, easements and the retention of significant vegetation and site features.

Standard C8Lots of between 300 square metres and 500 square metres should: Contain a building envelope that is consistent with

a development of the lot approved under this scheme,

or If no development of the lot has been approved

under this scheme, contain a building envelope and be able to contain a rectangle measuring 10 metres by 15 metres, or 9 metres by 15 metres if a boundary wall is nominated as part of the building envelope.

Lots greater than 500 square metres should be able to contain a rectangle measuring 10 metres by 15 metres, and may contain a building envelope.Lot dimensions and building envelopes should protect: Solar access for future dwellings and support the

siting and design of dwellings that achieve the energy rating requirements of the Building Regulations.

Existing or proposed easements on lots. Significant vegetation and site features.

CompliesThere are no buildings envelopes required as all lots are greater than 500 square metres in area.

It is considered that all lots are capable of accommodating a dwelling and outbuildings whilst providing appropriate private open space, solar access etc. The standard has been met.

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56.04-3 Solar orientation of lots objectiveTo provide good solar orientation of lots and solar access for future dwellings.

Standard C9Unless the site is constrained by topography or other site conditions, at least 70 percent of lots should have appropriate solar orientation. Lots have appropriate solar orientation when: The long axis of lots are within the range north 20

degrees west to north 30 degrees east, or east 20 degrees north to east 30 degrees south.

Lots between 300 square metres and 500 square metres are proposed to contain dwellings that are built to the boundary, the long axis of the lots should be within 30

degrees east and 20 degrees west of north. Dimensions of lots are adequate to protect solar

access to the lot, taking into account likely dwelling size and the relationship of each lot to the street.

CompliesEach lot is provided with good access to northern sunlight and it is envisaged that the lots can be developed to capitalise on the northern aspect.

56.04-4Street orientation objectiveTo provide a lot layout that contributes to community social interaction, personal safety and property security.

Standard C10Subdivision should increase visibility and surveillance by: Ensuring lots front all roads and streets and avoid

the side or rear of lots being oriented to connector streets and arterial roads.

Providing lots of 300 square metres or less in area and lots for 2 or more dwellings around activity centres and public open space.

Ensuring streets and houses look onto public open space and avoiding sides and rears of lots along public open space boundaries.

Providing roads and streets along public open space boundaries.

CompliesThere is no activity centre located on the site and all lots front to Bourbon Way.

Development Hearings Panel Page 27Meeting No.531Date:20 October 2016

56.04-5 Common area objectivesTo identify common areas and the purpose for which the area is commonly held.To ensure the provision of common area is appropriate and that necessary management arrangements are in place.To maintain direct public access throughout the neighbourhood street network.

Standard C11An application to subdivide land that creates common land must be accompanied by a plan and a report identifying: The common area to be owned by the body

corporate, including any streets and open space. The reasons why the area should be commonly

held. Lots participating in the body corporate. The proposed management arrangements

including maintenance standards for streetsand open spaces to be commonly held.

N/ANo common property is proposed.

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56.05-1Integrated urban landscape objectivesTo provide attractive and continuous landscaping in streets and public open spaces that contribute to the character and identity of new neighbourhoods and urban places or to existing or preferred neighbourhood character in existing urban areas. To incorporate natural and cultural features in the design of streets and public open space where appropriate. To protect and enhance native habitat and discourage the planting and spread of noxious weeds. To provide for integrated water management systems and contribute to drinking water conservation.

Standard C12 An application for subdivision that creates streets or public open space should be accompanied by a landscape design. The landscape design should: Implement any relevant streetscape, landscape,

urban design or native vegetation precinct plan, strategy or policy for the area set out in this scheme.

Create attractive landscapes that visually emphasise streets and public open spaces.

Respond to the site and context description for the site and surrounding area.

Maintain significant vegetation where possible within an urban context.

Take account of the physical features of the land including landform, soil and climate.

Protect and enhance any significant natural and cultural features.

Protect and link areas of significant local habitat where appropriate.

Support integrated water management systems with appropriate landscape design techniques for managing urban run-off including wetlands and other water sensitive urban design features in streets and public open space.

Promote the use of drought tolerant and low maintenance plants and avoid species that are likely to spread into the surrounding environment.

Ensure landscaping supports surveillance and provides shade in streets, parks and public open space.

Develop appropriate landscapes for the intended

CompliesThe application does not create a street or any public open space.

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use of public open space including areas for passive and active recreation, the exercising of pets, playgrounds and shaded areas.

Provide for walking and cycling networks that link with community facilities.

Provide appropriate pathways, signage, fencing, public lighting and street furniture.

Create low maintenance, durable landscapes that are capable of a long life.

The landscape design must include a maintenance plan that sets out maintenance responsibilities, requirements and costs.

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56.06-2Walking and cycling network objectivesTo contribute to community health and well being by encouraging walking and cycling aspart of the daily lives of residents, employees and visitors.To provide safe and direct movement through and between neighbourhoods by pedestriansand cyclists.To reduce car use, greenhouse gas emissions and air pollution.

Standard C15The walking and cycling network should be designed to: Implement any relevant regional and local walking

and cycling strategy, plan or policy for the area set out in this scheme.

Link to any existing pedestrian and cycling networks.

Provide safe walkable distances to activity centres, community facilities, public transport stops and public open spaces.

Provide an interconnected and continuous network of safe, efficient and convenient footpaths, shared paths, cycle paths and cycle lanes based primarily on the network of

arterial roads, neighbourhood streets and regional public open spaces.

Provide direct cycling routes for regional journeys to major activity centres, community facilities, public transport and other regional activities and for regional recreational cycling.

Ensure safe street and road crossings including the provision of traffic controls where required.

Provide an appropriate level of priority for pedestrians and cyclists.

Have natural surveillance along streets and from abutting dwellings and be designed for personal safety and security particularly at night.

Be accessible to people with disabilities.

CompliesThe subdivision does not create any new walking or cycling networks. The subdivision is within a walkable distances to present activity centres, community facilities, public transport stops and public open spaces.

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56.06-4Neighbourhood street network objectiveTo provide for direct, safe and easy movement through and between neighbourhoods for pedestrians, cyclists, public transport and other motor vehicles using the neighbourhood street network.

Standard C17The neighbourhood street network must: Take account of the existing mobility network of

arterial roads, neighbourhood streets, cycle paths, shared paths, footpaths and public transport routes.

Provide clear physical distinctions between arterial roads and neighbourhood street types.

Comply with the Roads Corporation’s arterial road access management policies.

Provide an appropriate speed environment and movement priority for the safe and easy movement of pedestrians and cyclists and for accessing public transport.

Provide safe and efficient access to activity centres for commercial and freight vehicles.

Provide safe and efficient access to all lots for service and emergency vehicles.

Provide safe movement for all vehicles. Incorporate any necessary traffic control measures

and traffic management infrastructure.

CompliesThere are no new roads proposed.

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56.06-5Walking and cycling network detail objectivesTo design and construct footpaths, shared path and cycle path networks that are safe, comfortable, well constructed and accessible for people with disabilities.To design footpaths to accommodate wheelchairs, prams, scooters and other footpath bound vehicles.

Standard C18Footpaths, shared paths, cycle paths and cycle lanes should be designed to: Be part of a comprehensive design of the road or

street reservation. Be continuous and connect. Provide for public transport stops, street crossings for

pedestrians and cyclists and kerb crossovers for access to lots.

Accommodate projected user volumes and mix. Meet the requirements of Table C1. Provide pavement edge, kerb, channel and crossover

details that support safe travel for pedestrians, footpath bound vehicles and cyclists, perform required drainage functions and are structurally sound.

Provide appropriate signage. Be constructed to allow access to lots without damage

to the footpath or shared path surfaces. Be constructed with a durable, non-skid surface. Be of a quality and durability to ensure: Safe passage for pedestrians, cyclists, footpath bound

vehicles and vehicles. Discharge of urban run-off. Preservation of all-weather access. Maintenance of a reasonable, comfortable riding

quality. A minimum 20 year life span. Be accessible to people with disabilities and include

tactile ground surface indicators, audible signals and kerb ramps required for the movement of people with disabilities.

CompliesThere are no new footpaths, shared paths or cycle lanes proposed as part of the subdivision.

Development Hearings Panel Page 33Meeting No.531Date:20 October 2016

56.06-7Neighbourhood and street network detail objectiveTo design and construct street carriageways and verges so that the street geometry and traffic speeds provide an accessible and safe neighbourhood street system for all users.

Standard C20The design of streets and roads should: Meet the requirements of Table C1. Where the

widths of access lanes, access places, and access streets do not comply with the requirements of Table C1, the requirements of the relevant fire authority and roads authority must be met.

Provide street blocks that are generally between 120 metres and 240 metres in length and generally between 60 metres to 120 metres in width to facilitate pedestrian movement and control traffic speed.

Have verges of sufficient width to accommodate footpaths, shared paths, cycle paths, integrated water management, street tree planting, lighting and utility needs.

Have street geometry appropriate to the street type and function, the physical land characteristics and achieve a safe environment for all users.

Provide a low-speed environment while allowing all road users to proceed without unreasonable inconvenience or delay.

Provide a safe environment for all street users applying speed control measures where appropriate.

Ensure intersection layouts clearly indicate the travel path and priority of movement for pedestrians, cyclists and vehicles.

Provide a minimum 5 metre by 5 metre corner splay at junctions with arterial roads and a minimum 3 metre by 3 metre corner splay at other junctions unless site conditions justify a variation to achieve safe sight lines across corners.

N/AThere are no new roads proposed.

Development Hearings Panel Page 34Meeting No.531Date:20 October 2016

56.06-8 Lot access objectiveTo provide for safe vehicle access between roads and lots.

Standard C21Vehicle access to lots abutting arterial roads should be provided from service roads, side or rear access lanes, access places or access streets where appropriate and in accordance with the access management requirements of the relevant roads authority.Vehicle access to lots of 300 square metres or less in area and lots with a frontage of 7.5 metres or less should be provided via rear or side access lanes, places or streets.The design and construction of a crossover should meet the requirements of the relevant road authority.

CompliesEach lot would have a frontage onto a road. The Council’s Engineering Services section has raised no objection to the proposed layout.

56.07-1 Drinking water supply objectivesTo reduce the use of drinking water.To provide an adequate, cost-effective supply of drinking water.

Standard C22The supply of drinking water must be:Designed and constructed in accordance with the requirements and to the satisfaction of the relevant water authority.Provided to the boundary of all lots in the subdivision to the satisfaction of the relevant water authority.

CompliesBarwon Water was consulted on the application and raised no objection subject to conditions being imposed on any permit.

56.07-2 Reused and recycled water objectiveTo provide for the substitution of drinking water for non-drinking purposes with reused and recycled water.

Standard C23Reused and recycled water supply systems must be: Designed, constructed and managed in accordance

with the requirements and to the satisfaction of the relevant water authority, Environment Protection Authority and Department of Human Services.

Provided to the boundary of all lots in the subdivision where required by the relevant water authority.

- N/AThere is currently no opportunity within the surrounding area to reuse and recycle water.

Development Hearings Panel Page 35Meeting No.531Date:20 October 2016

56.07-3 Waste water management objectiveTo provide a waste water system that is adequate for the maintenance of public health and the management of effluent in an environmentally friendly manner.

Standard C24Waste water systems must be: Designed, constructed and managed in accordance

with the requirements and to the satisfaction of the relevant water authority and the Environment Protection Authority.

Consistent with any relevant approved domestic waste water management plan.

Reticulated waste water systems must be provided to the boundary of all lots in the subdivision where required by the relevant water authority.

CompliesThe site is capable of connecting to an existing sewerage system.

56.07-4 Urban run-off management objectivesTo minimise damage to properties and inconvenience to residents from urban run-off.To ensure that the street operates adequately during major storm events and provides for public safety.To minimise increases in stormwater run-off and protect the environmental values andphysical characteristics of receiving waters from degradation by urban run-off.

Standard C25The urban stormwater management system must be: Designed and managed in accordance with the

requirements and to the satisfaction of the relevant drainage authority.

Designed and managed in accordance with the requirements and to the satisfaction of the water authority where reuse of urban run-off is proposed.

Designed to meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater – Best Practice Environmental Management Guidelines (Victorian Stormwater Committee 1999) as amended.

Designed to ensure that flows downstream of the subdivision site are restricted to predevelopment levels unless increased flows are approved by the relevant drainage authority and there are no detrimental downstream impacts.

CompliesThe site is capable of connecting to an existing stormwater network. It is expected that the lots could connect to the current infrastructure without placing an undue loading upon council assets.

Development Hearings Panel Page 36Meeting No.531Date:20 October 2016

56.08-1 Site management objectivesTo protect drainage infrastructure and receiving waters from sedimentation and contamination.To protect the site and surrounding area from environmental degradation or nuisance prior to and during construction of subdivision works.To encourage the re-use of materials from the site and recycled materials in the construction of subdivisions where practicable.

Standard C26A subdivision application must describe how the site will be managed prior to and duringthe construction period and may set out requirements for managing: Erosion and sediment. Dust. Run-off. Litter, concrete and other construction wastes. Chemical contamination. Vegetation and natural features planned for

retention.Recycled material should be used for the construction of streets, shared paths and other infrastructure where practicable.

CompliesThe proposed subdivision is not considered to significantly impact the surrounding environment. Minor infrastructure works will be required to be undertaken such as standard service connections.

55.09-1 Shared trenching objectivesTo maximise the opportunities for shared trenching.To minimise constraints on landscaping within street reserves.

Standard C27Reticulated services for water, gas, electricity and telecommunications should be provided in shared trenching to minimise construction costs and land allocation for underground services.

CompliesThe surrounding area already has essential services and therefore the proposed subdivision will be utilising these.

Development Hearings Panel Page 37Meeting No.531Date:20 October 2016

56.09-2 Electricity, telecommunications and gas objectivesTo provide public utilities to each lot in a timely, efficient and cost effective manner.To reduce greenhouse gas emissions by supporting generation and use of electricity from renewable sources.

Standard C28The electricity supply system must be designed in accordance with the requirements of the relevant electricity supply agency and be provided to the boundary of all lots in the subdivision to the satisfaction of the relevant electricity authority.Arrangements that support the generation or use of renewable energy at a lot or neighbourhood level are encouraged.The telecommunication system must be designed in accordance with the requirements of the relevant telecommunications servicing agency and should be consistent with any approved strategy, policy or plan for the provision of advanced telecommunications infrastructure, including fibre optic technology. The telecommunications system must be provided to the boundary of all lots in the subdivision to the satisfaction of the relevant telecommunications servicing authority.Where available, the reticulated gas supply system must be designed in accordance with the requirements of the relevant gas supply agency and be provided to the boundary of all lots in the subdivision to the satisfaction of the relevant gas supply agency.

CompliesThe surrounding area already has essential services and therefore the proposed subdivision will be utilising these.

56.09-3Fire hydrants objectiveTo provide fire hydrants and fire plugs in positions that enable fire fighters to access water safely, effectively and efficiently.

Standard C29Fire hydrants should be provided: A maximum distance of 120 metres from the rear of

the each lot. No more than 200 metres apart.Hydrants and fire plugs must be compatible with the relevant fire service equipment.Where the provision of fire hydrants and fire plugs does not comply with the requirements of standard C29, fire hydrants must be provided to the satisfaction of the relevant fire authority.

CompliesHydrants are available within proximity to the site.

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56.09-4Public lighting objectiveTo provide public lighting to ensure the safety of pedestrians, cyclists and vehicles.To provide pedestrians with a sense of personal safety at night.To contribute to reducing greenhouse gas emissions and to saving energy.

Standard C30Public lighting should be provided to streets, footpaths, public telephones, public transport stops and to major pedestrian and cycle paths including public open spaces that are likely to be well used at night to assist in providing safe passage for pedestrians, cyclists and vehicles.Public lighting should be designed in accordance with the relevant Australian Standards.Public lighting should be consistent with any strategy, policy or plan for the use of renewable energy and energy efficient fittings.

CompliesNo new street lighting is required to service the proposed lots.

Development Hearings PanelMeeting No.531Date:20 October 2016

Decision Guidelines of Clause 65Clause 65 of the Greater Geelong Planning Scheme outlines the decision guidelines to be considered by the Responsible Authority when making decisions on applications. These decision guidelines include:

The suitability of the land for subdivision. The existing use and possible future development of the land and nearby land. The availability of subdivided land in the locality, and the need for the creation of further lots. The effect of development on the use or development of other land which has a common means of

drainage. The subdivision pattern having regard to the physical characteristics of the land including existing

vegetation. The density of the proposed development. The area and dimensions of each lot in the subdivision. The layout of roads having regard to their function and relationship to existing roads. The movement of pedestrians and vehicles throughout the subdivision and the ease of access to all

lots. The provision and location of reserves for public open space and other community facilities. The staging of the subdivision. The design and siting of buildings having regard to safety and the risk of spread of fire. The provision of off-street parking. The provision and location of common property. The functions of any body corporate. The availability and provision of utility services, including water, sewerage, drainage, electricity and

gas. If the land is not sewered and no provision has been made for the land to be sewered, the capacity of

the land to treat and retain all sewage and sullage within the boundaries of each lot. Whether, in relation to subdivision plans, native vegetation can be protected through subdivision and

siting of open space areas.

Legislative IssuesThe Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are the relevant documents under which Council must consider this application.

ConclusionThe proposal has been assessed against the relevant decision guidelines listed above and is considered to accord with the relevant requirements. It is therefore recommended that the application be supported subject to conditions.

Report prepared by Matthew Campbell

Development Hearings PanelMeeting No.531Date:20 October 2016

7. LATE REPORTS:

NIL

8. NEXT MEETING:

3 NOVEMBER 2016

Meeting closed at 5:35PM

Joanne van SlagerenChairperson20 OCTOBER 2016