· Web viewThe site plan and ground floor plan to show any front gate across the front boundary (Challis Street boundary) required to provide access to the front door. d) North,

CITY OF GREATER GEELONGAGENDA

DEVELOPMENT HEARINGS PANEL

MEETING NO 526

TO BE HELD AT BROUGHAM STREET OFFICE(GROUND FLOOR)

100 BROUGHAM STREET, GEELONG ONTHURSDAY, 21 JULY 2016 AT 5.00 P.M.

1. Committee Members Present

2. Officers Present

3. Apologies

4. Confirmation of Minutes

5. Declaration of Interest

6. Matters for Consideration

7. Late Reports

8. Next Meeting

Joanne van SlagerenChair21 July 2016

Committee Membership Distribution:

J van Slageren (Chair) Dr K Alexander, Administrator (Chair)R O’Loghlen L Gardner, AdministratorS Storen P Dorling, Administrator J Bryce P Bettess, General Manager - Planning & Development

G Russell - Communications and MarketingM Nigido - Building ServicesTown Planners

I N D E X

Application No. Subject Address: Proposed Use: Page No.

62/2016 2 Challis Street, BARWON HEADS

Demolition of the Existing Dwelling and Fencing and Building and Works to Construct a Dwelling and Fencing and Alterations to the Existing Garage

3

Development Hearings Panel Page 3Meeting No. 526Date: 21 July 2016

Application No: PP-62-2016

Applicant: Peninsula Planning Consultants Pty Ltd

Subject Land: 2 Challis Street, BARWON HEADS

Owner: J R P Luckock and L G C Luckock

Zone: Residential Growth Zone (Schedule 3)

Overlays: Heritage Overlay (HO 1649) – Flinders Heritage Area

Special Building Overlay (part of land)

Existing Use: Single Dwelling

Proposed Use: Demolition of the Existing Dwelling and Fencing and Building and Works to Construct a Dwelling and Fencing and Alterations to the Existing Garage

Indicates Objectors

2 CHALLIS STREET, BARWON HEADS

Subject Site

Due to the map size, two objectors have not been identified.


Summary The subject site known as 2 Challis Street. The site has an east and west boundary

width of 16.09 metres, north and south side boundary lengths of 26.91 metres and an overall area of 433 square metres. The site has a fall from the Challis Street frontage to the rear of the site of approximately 1.0 metre.

The subject land is zoned Residential Growth Zone (Schedule 3) and is affected by Heritage Overlay (HO1649) known as the Flinders Heritage Area. The site is also partially affected by a Special Building Overlay.

The proposal includes the construction of a three-storey dwelling and associated garage. The proposed demolition comprises demolition of the existing dwelling and boundary fencing. The replacement dwelling will be orientated to face Challis Street and will comprise a double garage, living room, kitchen, laundry, powder room and store on the ground floor. The first floor will comprise three bedrooms, all with en-suites and a TV room. The second floor will comprise a bedroom, retreat area and kitchen (nominated as a ‘bar’ on the plans). A balcony will also be located on the south side of the second floor.

The maximum height of the dwelling will be 10.419 metres (13.919 AHD) from the natural ground directly below. The finished floor level of the ground floor of the dwelling and garage is proposed to be 3.6m AHD.

The application was advertised by way of a sign and letters to adjoining land owners/occupiers. Ten (10) objections were received. A consultation meeting was held on 30 May 2016. There were no agreed outcomes or withdrawal of objections.

The application has been assessed against the relevant state and local policy, including, including the Heritage Overlay of the Greater Geelong Planning Scheme and is found to be an appropriate response for the site, subject to conditions. In particular it is recommended that additional setback articulation be provided on the third storey of the south wall as outlined in Condition 1(b).

The officer recommendation is one of support and the recommended conditions are outlined below

RecommendationThat 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 the Demolition of the Existing Dwelling and Fencing and Building and Works to Construct a Dwelling and Fencing and Alterations to the Existing Garage at 2 Challis Street, BARWON HEADS in accordance with the plans submitted with the application and subject to the following conditions:

Amended Plans1. Prior to the commencement of the development, three (3) copies of 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 must be generally in accordance with the advertised plans but modified to show:


a) Cross-section/s drawn to a scale of 1:00 demonstrating that no part of the dwelling exceeds the maximum proposed height (13.919m AHD as identified on the elevations) and the dwelling does not exceed 10.5 metres in height from natural ground directly below. The cross-sections are to include:i) The levels of the maximum height to AHD and the levels of the

natural ground directly below to AHD;ii) The extent and dimensions of fill placed on the natural ground;iii) The dimension of the maximum height/s of the dwelling.

b) The setback of the third storey south wall adjacent to the ‘bar’ kitchen increased an additional 1.0 metre to achieve a minimum setback from the south boundary of 4.360 metres for a minimum length of 3.5 metres from the south-west corner of the building.

c) The site plan and ground floor plan to show any front gate across the front boundary (Challis Street boundary) required to provide access to the front door.

d) North, South, East and West elevations (drawn to a scale of 1:100) of the existing garage, including proposed alterations.

Endorsed Plans2. The development as shown on the endorsed plans must not be altered

without the written consent of the Responsible Authority.

3. No part of the garage door shall overhang beyond the subject site at any time.

CCMA Conditions4. The finished floor level of the proposed dwelling must be no lower than 3.1

metres Australian Height Datum (AHD) (300mm above the flood level).

5. The finished floor level of the proposed garage must be no lower than 2.95 metres Australian Height Datum (AHD) (150mm above the flood level).

6. There must be no additional filling or raising of ground levels within the 1% AEP flood extent of the property, without the written consent of the CCMA and Responsible Authority, but with the acceptance of the building envelope areas shown on the endorsed plans.

Development Expiry7. This permit as it relates to the development of buildings will expire if one of

the following circumstances applies:

a) The development of the building/s hereby approved has not commenced within two (2) years of the date of this permit.

b) The development of the building/s hereby approved is not completed within four (4) years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires; or


a) Within six (6) months after the permit expires where the development has not yet started; or

b) Within twelve (12) months after the permit expires, where the development allowed by the permit has lawfully commenced before the permit expiry.

Notes:1. It is advised that no Clause 54 Assessment (ResCode) was required to be

undertaken and will be assessed by a Relevant Building Surveyor at the Building Permit stage.

ReportThe Site & Locality

The subject site is known as 2 Challis Street, Barwon Heads. The site is located at the southern end of Challis Street and is on the corner of a right-of-way named Challis Lane.

The site has an east and west boundary width of 16.09 metres, north and south side boundary lengths of 26.91 metres and an overall area of 433 square metres. The site has a fall from the Challis Street frontage to the rear of the site of approximately 1.0 metre.

The site currently contains a single storey dwelling and a separate garage with a second storey component at the rear of the site. High timber and brush fencing encloses the Challis Street and Challis Lane boundaries.

The properties in Challis Street contain single dwellings. On the west side of Challis Street, the dwellings have been constructed relatively recently and are predominantly two storeys in scale. On the east side of Challis Street there is a mix of older dwellings and more recent development.

A characteristic of Challis Street is the sense of enclosure as the properties on the west side contain high fencing and only a couple of properties in the street contain lower or no fencing.

Another character element of Challis Street is the informal nature of the road and pedestrian paths as the road is gravel lined with no formal delineation between the road and the adjoining grassed nature strip/pedestrian path on either side of the street. Challis Lane is unlined with vegetation hanging over into the lane and there appears to have been in the past informal plantings, the source of which is unknown.

The surrounding area comprises predominantly single dwellings. The area is undergoing change, where older dwellings are replaced (apart from contributory heritage dwellings) with modern dwellings to accommodate changing living requirement. New dwellings are generally significantly larger and of note is number 1/17 Flinders Parade and 23 Flinders Parade, both of which contain three storey elements.

Restrictive Covenant/Title DetailsThe applicant has declared the title does not contain any restrictive covenants. The copy of title provided with the application does not show any restrictive covenants.


Proposal

The proposal includes the construction of a three-storey dwelling and associated garage. Replacement fencing is also proposed on the south and west (front) boundaries and part of the north boundary. The replacement fencing is proposed to be brush fencing with a height of 1.8 metres.

The proposed demolition comprises demolition of the existing dwelling and boundary fencing. The proposed replacement dwelling will be orientated to face Challis Street with a double width garage located on the west boundary. Access to the garage will be from Challis Street via a sectional panel lift door.

On the ground floor it is proposed to setback the front wall of the dwelling 5.0 metres from the Challis Street boundary and the garage will be located on the boundary. On the second and third storeys the front wall of the façade will be set back 6.353 metres 5.733 metres respectively.

The ground floor will comprise a double garage, living room, kitchen, laundry, powder room and store. The existing garage will be modified with a pitched roof and lantern skylight.

The second storey will comprise three bedrooms, all with en-suites and a TV room. The third storey will comprise a bedroom, retreat area including a ‘bar’ kitchen). A balcony will also be located on the south side of the third storey.

The minimum setbacks on the south side are proposed to be 2.0 metres on the ground floor, 3.36 metres on the second storey and 3.36 metres increased to 4.47 metres on the third storey.

On the east (rear) side, the minimum set back from the east boundary is 4.250 metres on the ground floor, 4.39 metres on the second storey and 5.357 metres on the third storey.

On the north side, the minimum set back from the north boundary is 2.245 metres on the ground floor, 5,976 metres on the second storey and third storeys.

The maximum height of the dwelling will be 10.419 metres (13.919 AHD) from the natural ground directly below. The finished floor level of the ground floor of the dwelling and garage is proposed to be 3.6m AHD. To enable the dwelling to retain the same floor level towards the rear of the dwelling, fill with a depth of between 100mm to 800mm will be included.

The form will be predominantly rectilinear with five gable roof elements. The proposed external materials are bagged brickwork on the lower level, Alucobond and render on the upper levels and Colorbond steel deck on the external roof lining. The external colours include Deep Ocean, lighter blue tones (Alucobond Grey Blue Metallic and Placid Blue Quarter) and Colorbond Shale Grey for the roof.

Greater Geelong Planning Scheme

Planning Permit Triggers

A planning permit is triggered for this application pursuant to the following clauses of the Greater Geelong Planning Scheme:


Heritage OverlayPursuant to Clause 43.01-1, a planning permit is required for demolition, to subdivide land and to construct a building or construct or carry out works including demolition of fencing and replacement fencing.

Special Building OverlayPursuant to 44.05-1, a planning permit is required for the proposed building and works.

Residential Growth Zone (Schedule 3)No planning permit is required under the Residential Growth Zone (Schedule 3) as the subject land is greater than 300 square metres.

Definition and NestingPursuant to Clause 74 of the Planning Scheme a dwelling is defined as:

A building used as a self-contained residence includes:a) a kitchen sink;b) food preparation facilitiesc) a bath or shower; andd) a closet pan and wash basin.

It includes outbuildings and works normal to a dwelling.

Pursuant to Clause 75.01 of the Planning Scheme a dwelling is nested in the Accommodation group.

Title Details/Restrictive Covenant/Section 173 AgreementThe title does not contain any restrictive covenants or Section 173 Agreement/s.

Cultural Heritage Management Plan (CHMP)

The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity.

Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the Aboriginal Heritage Regulations 2007. The subject site is located within a known Area of Cultural Heritage Sensitivity as the site is located within 200 metres of the Barwon River.

High impact activities are defined within Part 2 - Division 5 of the Aboriginal Heritage Regulations 2007. Part 2 - Division 5 does not list the proposal for a single dwelling as a high impact activity.

In accordance with the above consideration, 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.


Referrals

Section 55 Referrals

Corangamite Catchment Management Authority (CCMA) - Recommending Referral Authority

The CCMA do not object to the application as part of the subject land is affected by the Special Building Overlay. The estimated flood level for that part of the land affected by the Special Building Overlay is 2.8 metres AHD. The required floor level is 3.1 metres AHD for the dwelling and 2.95 metres for the garage. The plans show the dwelling and garage achieve the minimum floor levels and are provided with a minimum floor level of 3.6 metres AHD.

The CCMA recommending conditions are as follows:

1. The finished floor level of the proposed dwelling must be no lower than 3.1 metres Australian Height Datum (AHD) (300mm above the flood level).

2. The finished floor level of the proposed garage must be no lower than 2.95 metres Australian Height Datum (AHD) (150mm above the flood level).

3. There must be no filling or raising of ground levels within the 1% AEP flood extent of the property, without the consent of the Authority but with the acceptance of the building envelope areas.

Conditions will be adopted on the Notice of Decision. Minor changes to the wording of recommended condition 3 will be made for certainty as to the nature of the consent and by whom and building envelope area referenced to the endorsed plans. See the recommending condition 5 at the beginning of this report.

Council’s Engineering Department

Council’s Engineering Department have viewed the application and do not require any standard conditions relating to drainage or vehicle crossings.

Council’s Heritage Advisor

Council’s Heritage Advisor does not object to the proposal subject to conditions. The referral response and recommendations are provided below:

This application proposes the demolition of the existing dwelling and the construction of a three storey dwelling at 2 Challis Street, Barwon Heads. The existing dwelling has no heritage significance but the site is located within the Flinders Heritage Area HO1649. We have had two pre-application meetings in relation to the proposal. This assessment has relied on the submitted drawings and photographs date-stamped 3 March 2016.

Proposed DemolitionAs the existing dwelling has no heritage value, there will be no adverse affect resulting from its demolition.


Proposed DwellingA three storey dwelling is proposed for the site. It has been designed with elongated gabled roof forms, together with a secondary two storey cuboid component in the front (north-west) corner as well as single storey cuboid wing on the north side and a single storey cuboid double car garage at the front. The dwelling is to be constructed of Colorbond roof cladding, Alucobond, rendered styrene and bagged and painted brick wall construction, and aluminium framed windows and doors. Power-coated aluminium framed privacy and shade screens are also proposed.

At issue is whether the proposed dwelling will have an adverse affect on the significance, character and appearance of the Flinders Heritage Area. It is noted that the heritage area policy promotes traditional architectural characteristics, single and double storey building heights, hipped and gabled roof forms, traditional building materials and roof heights equivalent to the highest adjacent significant building visually connected to it. Yet, it is also recognised that the subject site is within part of the Flinders Heritage Area that has no integrity, and that this area is also subject to the Residential Growth Zone 3. No bridging guidance is given in the Planning Scheme in the diverging requirements between the RGZ3 and the HO (the HO being subservient to the zone).

Given all of this, and especially because the proposed gabled roof form has been stepped (to mitigate to some degree the visual bulk) and that the photo montages will be within the range of the higher dwellings in the area visible from Flinders Parade and the Barwon Bridge (and yet below the mature tree lines), there are not considered to be any substantial adverse affects. This is because the new dwelling will be recessive from the principal portions of the heritage area (them being the significant dwellings fronting Flinders Parade, Frank Ellis Reserve and the Barwon Heads Park and their associated foreshore landscape). It is also because the views to the dwelling should be incidental based on the information provided, without the dwelling being visually domineering over the Flinders Heritage area as a whole.

In relation to the scale of the development and some of the materials not according with the relevant heritage policy for the Flinders Heritage Area, new work does not have to be “in keeping” with the character and appearance of adjacent buildings if there are not considered to be any negative impacts on the significance of the place. This is the case with this application because of the lower order integrity of this part of the heritage area, there being no immediately adjacent significant dwellings from which the height of the proposed dwelling should be drawn.

Alterations to Existing GarageA new hipped roof with a monitor light is proposed to the existing rear garage, replacing what appears to be a skillion roof. No details have been given on the proposed roof cladding. The submitted drawings indicate that these works are to be carried out by others. Either this part of the proposal is withdrawn from this application, or the details submitted for assessment (permit endorsement), or the permit is conditioned for these details to be provided.

Proposed Fencing, Gates & PavingThe Challis Street boundary is to have 1800 mm brush fencing and a pedestrian gate, with gravel pathways. Given the streetscape context, this part of the application should have no adverse affects.

RecommendationsIt is recommended that this application is supported subject to the clarification of the proposed garage roof alteration, as outlined.


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 A3 sign was placed on the land

Ten (10) objections have been received to date.

A consultation meeting was held on 30 May 2016. As a result, no objections have been withdrawn.

AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION

The application was not amended following public notification and the advertised plans are the plans that form the basis of this report.

A summary of the concerns raised by the objectors are:

Objection: The proposal is inconsistent with Heritage precinct.Response

The application was referred to Council’s Heritage Advisor who is satisfied that the design response will not have a detrimental impact on the significance of the Flinders Heritage Area. The comments of Council’s Heritage Advisor are included in the referral section of this report and discussed in the Assessment section of this report.

Objection: The proposal is inconsistent with the Purpose of the Residential Growth Zone (Schedule 3).Response

In this instance a planning permit is not required under the Residential Growth Zone as the subject land is greater than 300 square metres and the proposal is for a single dwelling. It could be interpreted that the proposal is inconsistent with the purpose of the Residential Growth Zone in that the Residential Growth Zone actively encourages higher density residential development in order to contain urban spread. However, dwelling use is as of right and single dwellings are the predominant type of dwelling in Challis Street and the immediate surrounding context.


Objection:

Height (exceeds 7.5 metres and 9.0 metres). Excessive massing and number of storeys and does not enhance the streetscape.Response

The proposed level of the height of the dwelling is 13.9m to Australian Height Datum. The proposed maximum height is 10.419 metres. This is consistent with the maximum height allowed in Schedule 3 of the Residential Growth Zone.

In order to ensure the maximum level of 13.9 metres to Australian Height Datum also represents a height of not more than 10.5 metres, a condition will be placed on the Notice of Decision requiring section drawings.

It is considered that the massing is not excessive for the site or context. The first and second storeys provide increased setbacks and articulation on all elevations. In particular, the third storey provides increased setbacks from the floor below towards the rear of the dwelling. The first and second storeys are also sited on the block to provide reasonable setbacks from adjoining properties. Articulation also occurs through a variety of materials which the design response has incorporated on all elevations.

The dwelling will face Challis Street. As previously stated, recent residential development in Challis Street is adopting a modern approach. The proposal is also modern in design and it is considered will be compatible with the existing development in Challis Street.

Objection: Potential for two dwellings.Response

The applicant has applied for a single dwelling. The proposed dwelling is large and there is a doubling up of garaging and kitchen facilities. However, this in itself does not mean the proposed dwelling constitutes two dwellings. A number of considerations must be taken into account when considering whether the building is two dwellings. There is only one staircase and this is in the same location as the lift, suggesting that there is no separate accesses within the dwelling. There is a front door and another door to the side of the dwelling. Both these doors lead to the same internal entrance foyer. The third storey whilst containing a kitchen, bathroom and toilet, does not contain a laundry.

The applicant has also supplied a letter from the owners who have stated that the dwelling has been designed accommodate their needs as they age and this may include an in-house carer at a later stage. The owners also stated that they require areas for their children to stay when visiting from overseas.

Objection: Loss of on-street carparking, location of proposed garage and safety issues with existing garage.

Response

Council’s Engineering Department have not raised any concerns with the proposed garage accessed from Challis Street. The proposed garage doors are sectional opening automatic doors which means they will not overhand the street when opening and it is considered the opening of the sectional doors would give sufficient notice to pedestrians that may be walking along this section of the path.


Objection:

Removal of trees.

Response

There subject site does not contain any vegetation protection overlay and therefore no planning permit is required to remove vegetation.

Objection:

Impact to Views from 1 Colite Street.

Response

It has been established in previous cases in VCAT that there are no rights to views. View sharing principles are considered where there is planning scheme policy that applies to the subject site. In this instance, there is no overlay or local policy relating to reasonable sharing of views. Therefore, impact to views cannot be considered.

Objection: Contrary to State Policy Clause 15.01-2 and Barwon Heads Structure Plan (2010) (Section 3.1 Vision, Principles and Directions 3.3.1 Urban Growth.

Response

Clause 15.01-2 (Urban Design Principles) is primarily for large applications exceeding for multi residential development of five or more storeys. However, the design response has been considered in light of other local policy.

In relation to the Barwon Heads Structure Plan, this plan was developed prior to the changes in the Residential Zones. The Structure Plan is also a high level policy and must be considered together with all other relevant policy.

Objection:Proposed materials (Alucabond, extensive glazing) and no use of eaves or verandahs not respectful of the coastal setting or neighbourhood character.

Response

Council’s Heritage Advisor has advised that the use of modern materials in a heritage precinct is acceptable with new development, especially in a street that has not retained it heritage integrity and no significant dwellings in the immediate vicinity.

Objection:Overlooking

Response

As the land is greater than 300 square metres, no planning permit is required under the Residential Growth Zone (Schedule 3) and there is no requirement in the Planning Scheme to assess the application against the requirements of Clause 54 (ResCode). The application will be assessed for overlooking by a Relevant Building Surveyor during the Building Permit process.


Objection:Overshadowing

Response

As the land is greater than 300 square metres, no planning permit is required under the Residential Growth Zone (Schedule 3) and there is no requirement in the Planning Scheme to assess the application against the requirements of Clause 54 (ResCode). The application will be assessed for overshadowing by a Relevant Building Surveyor during the Building Permit process. However, the applicant provided shadow diagrams as part of the application and they show the extent of shadowing onto secluded private open space areas as minimal.

ASSESSMENT

The State Planning Policy Framework (SPPF)

Clause 32.07 - Residential Growth Zone (Schedule 3)

Purpose

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

To provide housing at increased densities in buildings up to and including four storey buildings.

To encourage a diversity of housing types in locations offering good access to services and transport including activities areas.

To encourage a scale of development that provides a transition between areas of more intensive use and development and areas of restricted housing growth.

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

Clause 43.01 - Heritage Overlay

Purpose

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

To conserve and enhance heritage places of natural or cultural significance.

To conserve and enhance those elements which contribute to the significance of heritage places.

To ensure that development does not adversely affect the significance of heritage places.

To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.


Decision Guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

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

The significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place.

Any applicable statement of significance, heritage study and any applicable conservation policy.

Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place.

Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place.

Whether the demolition, removal or external alteration will adversely affect the significance of the heritage place.

Whether the proposed works will adversely affect the significance, character or appearance of the heritage place.

Whether the proposed subdivision will adversely affect the significance of the heritage place.

Whether the proposed subdivision may result in development which will adversely affect the significance, character or appearance of the heritage place.

Whether the proposed sign will adversely affect the significance, character or appearance of the heritage place.

Whether the lopping or development will adversely affect the health, appearance or significance of the tree.

Clause 44.05 – Special Building Overlay

Purpose

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

To identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority.

To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.


To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).

SPPF

The following State Planning Policies are applicable to this application:

11.05 – Regional development11.05-4 - Regional planning strategies and principles

Objective

To develop regions and settlements which have a strong identity, are prosperous and are environmentally sustainable.

Relevant Strategy

Distinct and diverse regional settlements

Support the growth and development of distinctive and diverse regional settlements by:

Encouraging high-quality urban and architectural design which respects the heritage, character and identity of each settlement.

11.07 - Geelong (G21) regional growth11.07-3 - Connected communities

Objective

To create unique and connected communities.

Relevant Strategy

Support growth that enhances choice, health and wellbeing, liveability, amenity anddiversity and creates a sense of place.

13.02-1 Floodplain management

Objective

To assist the protection of:

Life, property and community infrastructure from flood hazard. The natural flood carrying capacity of rivers, streams and floodways. The flood storage function of floodplains and waterways. Floodplain areas of environmental significance or of importance to river health.

15 – Built Environment and Heritage15.01- 1 Urban Design

Objective

To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.


Relevant Strategies

Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.

15.01-5 – Cultural identity and neighbourhood character

Objective

To recognise and protect cultural identity, neighbourhood character and sense of place.

Strategies

Ensure development responds and contributes to existing sense of place and cultural identity.

Ensure development recognises distinctive urban forms and layout and their relationship to landscape and vegetation.

Ensure development responds to its context and reinforces special characteristics of local environment and place by emphasising:

The underlying natural landscape character. The heritage values and built form that reflect community identity. The values, needs and aspirations of the community.

16.01 – Residential Development16.01- 4 - Housing Diversity

Objective

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

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

The Local Planning Policy Framework (LPPF) And Municipal Strategic Statement (MSS):

MSS

The following policies of the Municipal Strategic Statement are applicable to this application:


21.06 – Settlement and Housing21.06-3 - Urban consolidation

Objective

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: Accommodating medium and high density housing in Key Development Areas (as

defined by the maps included in this clause). Maximising opportunities for housing within Increased Housing Diversity Areas (as

defined in Clause 22.63 Increased Housing Diversity Areas) by accommodating; high density housing in the activity centres consistent with their primary

commercial and retail role; and medium density housing in residential areas with more intensive

development being located closest to the core of activity centres. Supporting appropriate medium density housing in the General Residential Zone

(Schedule 1) areas. Providing for incremental change in the General Residential Zone (Schedule 2)

areas. Limiting change in the Neighbourhood Residential Zone areas.

Encourage medium density housing in the Mixed Use Zone.

Require retirement accommodation to be located within urban areas, preferably within close proximity to existing or proposed activity centres and public transport facilities.

21.06-4 - Neighbourhood character

Objective

To manage the impact of urban change on existing neighbourhoods.

To ensure that new development responds to the existing neighbourhood character.

To protect areas with a significant garden character.

To protect areas with views to significant landscape features.

Relevant Strategies

Acknowledge that neighbourhood character in the Increased Housing Diversity Areas will adapt and evolve over time, particularly within and on the edges of activity centres, where land use and development will intensify.

Ensure that development is responsive to the established character of the area. Ensure that development in the transition areas of the Residential Growth Zones is

responsive to and respectful of the neighbourhood character in any adjoining residential zones.

Retain existing vegetation wherever possible, particularly vegetation that contributes to the municipality’s tree canopy.


21.06-5 – Heritage and Identity

Objectives

To ensure that urban development enhances Geelong’s sense of place and identity. To conserve and enhance individual places and areas of pre and post contact

cultural heritage significance.

Relevant Strategies

Ensure that the use and development of a heritage place contributes to its heritage significance and longevity.

Encourage the design of new development in heritage areas to provide for a contemporary interpretation that relates to the location, bulk, form and materials of existing and/or neighbouring significant buildings.

21.14 – The Bellarine Peninsula21.14-2 – Barwon Heads

Strategies for Barwon Heads:

Maintain a compact urban form and avoid outward sprawl. Protect the unique character of Barwon Heads as a coastal village located within a

sensitive environment and significant landscape setting. Ensure the Hitchcock Avenue shopping centre remains the focus of retail activity in

Barwon Heads. Restrict new commercial development to the existing business and mixed use

zones in Hitchcock Avenue between Bridge Road and Ozone Road and the south side of Bridge Road.

Ensure new housing development complements the character of Barwon Heads and provides for a variety of housing sizes and types.

Support the continued development of 13th Beach Resort as a tourist destination. Continue upgrading the Barwon Heads Village Park and foreshore reserves in

accordance with established master plans. Support development of appropriate tourist accommodation around the Barwon

Heads town centre.

LPPF

The following local policies are of relevance for this application:

Clause 22.09 – Cultural Heritage

Objectives

To encourage the retention of culturally significant and contributory heritage places within Heritage Overlay areas.

To encourage development to be undertaken in accordance with the accepted conservation standards of the ICOMOS Burra Charter.

To conserve and enhance the natural or cultural features of an area or site and to ensure that any alterations or development complement their form and appearance.


To ensure that new development and external alterations of existing buildings make a positive contribution to the built form and amenity of the area.

To encourage the retention or re-instatement of streetworks including street trees and bluestone kerbs, street construction form, asphalt footpaths, channels and crossovers.

Clause 22.36 – Flinders Heritage Area

The subject site is located in Heritage Overlay 1649 (Flinders Heritage Area). The objectives of the local policy for this heritage area are:

To retain and enhance the streetscape qualities of this area, including the nature strips, gravel verges, open drains, short span concrete kerbing and paving, and the important visual connections with the Barwon Heads Park and the tea-tree reserve fronting Flinders Parade;

To retain and enhance the significant urban foci in the precinct, including: the Morton Bay Fig and Pine trees immediately south of the Barwon Heads Hotel fronting Ewing Blyth Drive; Palm Tree at 17 Ozone Road; Norfolk Pine and Monkey Puzzle trees at 1-3 Ozone Road; jetties at the eastern end of Ozone Road and east of the Barwon Heads Park, corner store at 1 Flinders Parade, and the substantial pine trees along the northern end of the Reserve (Frank Ellis) and along the southern end of Seaview Avenue;

To retain and enhance the important treed landscapes along the Barwon River frontage: Barwon Heads Park and the Reserve (Frank Ellis);

To retain and enhance the range of large, medium and small scale residential buildings and the medium scale corner store within the Heritage Overlay Area;

To retain and enhance the intact examples of Late Victorian, Edwardian, Federation and interwar Bungalow style, single and double storey detached buildings;

To retain the uniformity of large front and side setbacks and side driveways, building separation and subdivision, and single and double storey heights throughout the Heritage Overlay Area;

To retain and enhance the existing topography and widths of the streets within the Heritage Overlay Area;

To encourage contemporary interpretation of traditional building design within the Heritage Overlay Area, which includes detached buildings, hipped and/or gabled roofs, verandahs, and minimal timber detailing;

To encourage the use of traditional construction materials which includes horizontal timber weatherboard wall cladding, timber framed windows, brick chimneys and unpainted, non-zincalume (non-highly reflective zincalume) corrugated sheet metal roofing;

To encourage the use of appropriate fence types, designs and locations, with a height no greater than 1300mm;

To encourage the appropriate development, form and scale of garages and/or carports, with a location at the rear or recessed at the side of the significant and/or infill buildings;

Clause 22.63 – Increased Housing Diversity Areas

Clause 22.63 applies to all residential land located in Increased Housing Diversity Areas.


Objectives To evolve the character of these areas through more intensive development. To ensure that the density, mass and scale of residential development is

appropriate to the location, role and character of the specific IHDA. To ensure development makes a positive architectural and urban design

contribution to the IHDA. To promote a diversity of housing types to cater to a variety of lifestyle needs. To promote walking trips and pedestrian safety within the IHDAs. To ensure that streetscape character in heritage areas is maintained. To encourage new development to provide a high level of on-site amenity for

future residents.

Relevant Design Objectives

Built Form Encourage innovative, high quality, site responsive medium density housing

development. Encourage development that incorporates a combination of horizontal and

vertical articulation, materials, textures and colours to create visual interest. Encourage a sympathetic design response when addressing any unique

characteristics such as heritage places, significant vegetation, topography and public spaces.

Discourage storage areas located within the minimum area of secluded open space.

Building Height Encourage two and three storey development. Three storey development should

be encouraged on larger sites abutting the activity centre or where the amenity of adjoining properties will not be unreasonably impacted.

Encourage the recessing of the third storey to reduce dominance of the building from adjoining properties and the streetscape.

Ensure that the height and bulk of the new development on interface properties, between an IHDA and other residential areas, is responsive to the adjoining character and provides a transition in the built form between areas.

Landscaping and Vegetation

Where appropriate, provide a street tree to enhance the contribution of the development to the streetscape.

Heritage

Ensure that development in or adjacent to heritage places is sympathetic and respects the significance of the place.

Where new development is proposed in or adjacent to a heritage place, ensure building elements above one-storey in height are set back behind the roof ridge-line of the heritage buildings.

Coastal

This applies to the Barwon Heads IHDA, Ocean Grove IHDA, Ocean Grove Market Place IHDA, Portarlington IHDA and St Leonards IHDA.


Design Objectives

Encourage innovative architecture that respects the coastal setting by incorporating a variety of lightweight materials, building elements and details that contribute to a lightness of structure (including balconies, verandahs, extensive glazing, light transparent balustrading), simple detailing, roof forms and higher building elements to capture views.

Retain the openness of the streetscape by avoiding the use of front fences or by providing low permeable front fences.

Encourage landscaping to be incorporated into the overall development including planting of a canopy tree and/or large shrubs within front setbacks.

Incorporated Documents

City of Greater Geelong Heritage and Design Guidelines (1997).

Particular Provisions

There are no particular provisions of relevance to this application. In particular, the application is not required to be assessed under the car parking provision (Clause 52.06) as the site is greater than 300 square metres.

ASSESSMENT

It is considered that subject to conditions that the proposal will be consistent with the relevant policy for this planning application.

As previously stated, planning permission is only required due to the Heritage Overlay and the Special Building Overlay. Therefore, this is the primary consideration for this application. Consideration of the proposal against the Overlays and relevant planning scheme policy is discussed below under a series of headings.

Is the proposal consistent with the Residential Growth Zone and Clause 22.63 (Increased Housing Diversity Areas)?

The subject land is located within the Residential Growth Zone (Schedule 3). As the land is greater than 300 square metres in area, no Clause 54 Assessment can be undertaken. This includes the standards contained in Clause 1 of Schedule 3 to the Residential Growth Zone.

Clause 2 of the Residential Growth Zone sets out maximum building height requirement for a dwelling or residential building of 10.5 metres. This is a stand alone requirement and must be met.

A principal aim of the Residential Growth Zone is to actively encourage urban consolidation through higher density dwelling development and therefore the site has strong planning scheme support to provide for housing development of a considerably higher density. This application is for a single dwelling. Whilst the proposed single dwelling is not aligned to the main purpose of the zone, single dwellings are the main form of dwellings in Challis Street and in this instance would be difficult to refuse a single dwelling on the subject land for under development reasons.


Clause 22.63 (Increased Housing Diversity Areas) states that the policy applies to all residential land located in Increased Housing Diversity Areas. The maps included in Clause 22.63 show the subject site is located in the Increased Housing Diversity Area. Therefore, this policy applies.

The subject site does not adjoin other residential areas outside of the Increased Housing Diversity Area. It is considered that the site can accommodate a three storey development, depending on the design response and whether the amenity of adjoining properties is not unreasonably impacted.

The policy encourages recessing of the third storey to reduce dominance of the building from adjoining properties and the streetscape. It is considered that the proposal provides upper storey recession on the north, east and west sides.

There is concern however, that the south wall has not provided sufficient recession on the third storey. The property to the south at 1B Challis Street is separated from the subject site by a 4.0 metre right of way (Challis Lane). The south wall of the second and third storeys has a sheer two storey element as it is setback from the south boundary 3.36 metres for a length of 8.2 metres over the two storeys. As the property directly to the south would view this wall from the secluded private open areas, it is considered that this would provide an unreasonable visual bulk and therefore amenity impact. In order to improve the recession on the thirds storey, it is recommended that a condition be placed on the Notice of Decision to increase the setback of part of the third storey south wall adjacent to the ‘bar’ kitchen area an additional 1.0 metres to achieve a minimum set back of 4.36 metres for a length of 3.5 metres. This would reduce the length of the sheer two-storey wall and would minimise visual bulk when viewed from the property to the south at 1B Challis Street.

The design objectives also relate to the use of lightweight materials to create a lightness of structure suitable for a coastal setting. This has been achieved through the use of lightweight materials of Alucobond and rendered sheeting on the second and third storeys.

Clause 22.63 also encourages the retention of the sense of openness of the streetscape. As already stated there is a sense of enclosure in Challis Street due to the extent of high fencing along the property boundaries facing Challis Street. This forms part of the existing character of the street. The proposed replacement fencing is a mixture of brush and timber fencing 1.8 metres in height. Given the existing character in Challis Street, the proposed replacement fencing is considered appropriate.

It is therefore considered that for the reasons outlined above and subject to conditions that the proposal is in accordance with the objectives of Clause 22.63.

Does the proposal meet the policy objectives of the Special Building Overlay?

The CCMA did not object to the application with respect to the Special Building Overlay and the applicant has provided floor levels consistent with the requirements of the CCMA. Therefore the objectives of the Special Building Overlay area satisfied.

Does the proposal meet the policy objectives of the Heritage Overlay and Local Heritage Policy?

The Responsible Authority must be satisfied that the proposal meets the objectives of the Heritage Overlay (Clause 43.01), Clause 22.36 (Flinders Heritage Area), Clause 22.09 (Cultural Heritage) and Clause 21.06-5 (Heritage and Identity).


The heritage policy for the Flinders Heritage Area (Clause 22.36) states the precinct is significant:

for its seaside character, formed by the strong visual connections with the Barwon River, ocean bridge, jetties and with the Barwon Heads Park and Frank Ellis Reserve (with several tea trees and some exotic cypress tress). The precinct also has a combination of large, medium and small scale Late Victorian, Edwardian, Federation and interwar Bungalow houses. The area has a high, notable proportion of intact, detached, single and double storey horizontal weatherboard houses in good condition. The precinct also has substantial front and side setbacks, rear and/or side vehicular access, and two narrow gravel pedestrian lanes off Flinders Parade. The area is also characterised by the pitched gabled and/or hipped roofs adorned with early chimneys. The seaside character is further enhanced by the combination of early short span concrete kerbing and paving, and/or the gravel verges and no concrete paving, grassed natures [sic] strips, open drains and at least one gravel road, which make the precinct particularly visually diverse yet distinctive.

Council’s Heritage Advisor acknowledges the existing dwelling has no heritage significance and therefore demolition of the dwelling is appropriate. It was advised that the subject site is not located in that part of the Flinders Heritage Area that contains traditional or dwellings with heritage significance. In fact, Challis Street is mostly comprised of relatively new dwellings. Therefore, it was advised that contemporary form and elements is appropriate.

The key parts of the Flinders Heritage Area are the significant dwellings fronting Flinders Parade, Frank Ellis Reserve and the Barwon Heads Park and their associated foreshore landscape. The photomontages have been reviewed by Council’s Heritage Advisor considered that the scale of the proposed dwelling will not dominate these key parts of the Flinders Heritage Area. This is largely due to the subject site being set back from Flinders Parade and will not dominate the aspects of the Flinders Heritage Area with heritage significance. It was also considered that the views of the proposed dwelling will not visually dominate the overall Flinders Heritage Area.

There has been two recently constructed dwellings along Flinders Parade with a third storey elements (1/17 Flinders Parade and 23 Flinders Parade). Whilst the massing of the third storey in these dwellings in considerably less that the third storey of the subject site, the location of the subject site is not located along the Flinders Parade but rather set back in the next street behind Flinders Parade. This was a factor considered by Council’s Heritage Advisor in considering the impact to the Flinders Heritage Area.

Clause 22.36 sets out a number of objectives and policy considerations. The Flinders Heritage Area is a precinct based heritage policy and not all of the objectives and policy statements will be of relevance to this application as what is significant in this heritage overlay is a number of locations, characteristics and buildings. Council’s Heritage Advisor addressed what this development needed to protect and this is discussed above. As stated above the focus is on how the proposal will impact on Flinders Parade, reserves and the foreshore.

In relation to objectives in this clause relating to large front setbacks and side driveways, this is not considered to be of relevance to this site given the existing conditions in Challis Street and in relation to what any development of this site should be giving consideration to.


The proposal provides a modern design and has included a contemporary interpretation of traditional building design with the use and design of the multiple gables on the roof form.

Clause 22.06 requires that new development makes a positive contribution to the built form and amenity of the area. As discussed above in relation to Clause 22.63, subject to a recommended condition to increase part of the setback on the south side, it is considered that the design response provides suitable recession on all elevations.

Is the proposal consistent with policy relating to Neighbourhood Character?

It is considered that the proposal is consistent with the policy relating to neighbourhood character. Clause 21.06 (Neighbourhood Character) states that new development is to respond to the existing neighbourhood character. The policy also acknowledges that the character in Increased Housing Diversity Areas will adapt and evolve over time.

It is observed this part of Barwon Heads is undergoing change. Challis Street is a small street and many of the dwellings have already replaced older dwellings. The replacement dwellings are modern in design or contemporary. It is also noted that new development along Flinders Parade is substantial in scale and modern in design. It is therefore considered that given the change that has occurred in the immediate context, the proposed modern style dwelling is compatible with Challis Street and therefore adequately responds to the existing neighbourhood character in the street.

Is the proposal consistent with clause 21.14 – The Bellarine Peninsula?

The Barwon Heads Structure Plan (Adopted March 2010) is a reference document and informed the relevant planning scheme policy for The Bellarine Peninsula (Clause 21.14).

One of the strategies of Clause 21.14 is to “maintain a compact urban form and avoid outward sprawl”. The subject site and surrounding area is now zoned Residential Growth Zone (Schedule 3). This is consistent with the above strategy as higher density development will assist in ensuring Barwon Heads does not spread outward.

There was concern that the proposal is not consistent with the strategy to “protect the unique character of Barwon Heads as a coastal village located within a sensitive environment and significant landscape setting”. While the coastal village feel is changing due to the Residential Growth Zone actively encouraging higher density development, the policy is also referring to open space and natural environment areas such as the river area, parks and reserves which have protection.

It is therefore considered that the proposal is consistent with Clause 21.14 to the extent that the character of Challis Street and the immediate surrounds is undergoing change because of changing housing requirements and the proposed development is consistent with that change. Other characteristics of the street and area, such as the informal road and footpath lining in Challis Street and the retention and protection of the natural environment also make up the character of the street and this will not change as a result of the proposed development.

Legislative Issues

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


Conclusion

The proposal is considered consistent with the State and Local policy relating to Heritage and the Special Building Overlay. In addition, subject to conditions, the proposal is considered consistent with the relevant municipal strategic policy and local policy contained in the Greater Geelong Planning Scheme.

Council’s Heritage Advisor considered the proposal is appropriate for the context, given that Challis Street does not contain any heritage integrity and the site is setback sufficiently from the key part of the Flinders Heritage Area.

The overall height of the dwelling at the rear is below the maximum height and a condition requiring a section plan will provide greater certainty that the proposal is as stated and within the allowable maximum height for the Residential Growth Zone The area has undergone significant change and recent development constructed along Flinders Parade indicates that the extent of the change to the character of the area.

It is therefore considered that the application be supported and the recommended conditions be adopted.

Report prepared by:

Susan BrownTown Planner