· Web viewDevelopment Hearings PanelPage 51 Meeting No. 529 Date: 15 September 2016 Development Hearings Panel Page 101 Meeting No. 529 Date: 15 September 2016 Development Hearings

CITY OF GREATER GEELONGAGENDA

DEVELOPMENT HEARINGS PANEL

MEETING NO 529

TO BE HELD AT BROUGHAM STREET OFFICE(GROUND FLOOR)

100 BROUGHAM STREET, GEELONG ONTHURSDAY, 15 SEPTEMBER 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 SlagerenChair15 September 2016

Committee Membership Distribution:

J van Slageren (Chair) Dr K Alexander, Administrator H Griffiths L Gardner, AdministratorP Smith 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.

PP-402-2016 35 Seaview Parade, BELMONT

Buildings and Works for the Construction of Four (4) Dwellings and a Four (4) Lot Subdivision

3

PP-399-2016 18 Bridge Road, BARWON HEADS

Construction of Three (3) Double Storey Dwellings and Three (3) Lot Subdivision and Alteration and Creation of Access to a Road Zone

56

Development Hearings Panel Page 3Meeting No. 529Date: 15 September 2016

Application No: PP-402-2016

Applicant: Smart Choice Property Development Pty Ltd

Subject Land: 35 Seaview Parade, BELMONT

Owner: S D Thompson

Zone: General Residential Zone, Schedule 1

Overlays: Nil

Existing Use: Single Dwelling

Proposed Use: Buildings and Works for the Construction of Four (4) Dwellings and a Four (4) Lot Subdivision

35 SEAVIEW PARADE, BELMONT

Indicates Objectors

Subject Site


Summary The subject site is located on the west side of Seaview Parade with the property

consisting of two lots, 13 and 14, Section 4, Plan of Subdivision 003154. The lots have frontage to Seaview Parade and McKeown Lane of 20.12m and a depth of 42.67m equating to an area of 858sqm.

The site currently contains a timber weatherboard dwelling oriented to Seaview Parade, and appears to be in a state of disrepair. Vehicle access is available via McKeown Lane where no kerb and channel is in place on the east side of the lane. The Seaview Parade frontage contains grassed nature strip with two street trees and formed kerb and channel.

The site contains little vegetation other than grasses and three garden trees. The land slopes down to the north east corner by approximately three metres.

The site is located 75m north of Mt. Pleasant Road and 220m walk to the intersection with High Street in Belmont. The locality is well serviced with access to public transport, commercial premises, and community and education services

The subject site is located in the General Residential Zone, Schedule 1. Land around High Street is in the Commercial 1 Zone and land buffering this is contained in the Residential Growth Zone, Schedule 2.

The site is also located in the Belmont – High Street Increased Housing Diversity Area (IHDA), as recognised in City of Greater Geelong Housing Diversity Strategy

The subject site is not subject to any overlays, however land to the east and west and along Mt Pleasant Road are covered by the Heritage Overlay, Schedule 1906 for the Kardinia Heritage Area.

The application seeks approval for four dwellings and subdivision of the land in accordance with the development layout.

The development proposes two dwellings to be oriented to Seaview Parade and two to be oriented to McKeown Lane. The dwellings propose a single design and layout of bedroom 1 on the ground floor along with kitchen/dining/living, utilities, and single garaging. An additional vehicle space is provided in tandem with the required length of 5.4m achieved. The upper floor provides for an additional two bedrooms, bathroom and open study area.

The dwellings are proposed to be constructed of facebrick and horizontal fibre cement sheet (appears similar to weatherboard) with hipped roof form of Colorbond roof sheet. Indicative colours are light toned cream and greys.

The application was advertised by letters to adjoining owners and occupiers (and opposite), and by sign(s) on the site. Seventeen (17) objections were received to the proposal. Common concerns included development and subdivision to higher densities; dwelling design not in keeping with character of locality; amenity impacts to adjoining dwelling to the north; increased traffic and carparking to the streets causing safety and congestion concerns; and use of McKeown Lane for additional dwellings.

The applicant considered the concerns raised and undertook alterations to the design in an effort to address neighbourhood character concerns. The application plans were amended on 11 July 2016, with these plans circulated to objectors for their review and any further comments. No objections were withdrawn.


The application was assessed against the State and Local Planning Policy Framework, General Residential Zone (schedule 1), and the objectives and standards of Clause 55 (and 56). It is considered that the proposal has responded appropriately to the standards and has policy support for infill development in areas with access to existing services and infrastructure.

The proposal provides a balanced response to the neighbourhood character of the locality whilst providing an efficient use of the site in accordance with the policy for Increased Housing Diversity Areas. The policies promote a diversity of housing types and intensity of housing growth in locations offering close access to service centres and transport. Therefore it is recommended that the application be supported via the issue of a Notice of Decision.

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 Buildings and Works for the Construction of Four (4) Dwellings and a Four (4) Lot Subdivision at 35 Seaview Parade, BELMONT in accordance with the plans submitted with the application and subject to the following conditions:

DEVELOPMENT

Amended Plans Required1. 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 plans submitted 11 July 2016 but modified to show:a) Elevations fully dimensioned, including window sill heights to a

minimum of 1.7m from finished floor level for the upper level habitable rooms of the dwellings, and boundary wall heights from natural ground level;

b) Acoustic fencing along the northern boundary of the private open space of unit three. The height and composition of the fencing must be in accordance with specifications supplied by a suitably qualified and experienced acoustic engineer;

c) Fencing details, minimum 1.8m in height for all secluded private open space areas and pedestrian line of sight splays to be provided at both sides of all vehicle crossings to a height of 0.9m;

d) Waste and recycling bin areas and mail box provisions to each dwelling

Endorsed Plan2. The development as shown on the endorsed plan(s) must not be altered

without the written consent of the Responsible Authority.


Stormwater Quality / Management3. The site stormwater system must be designed and installed such that;

a) 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;

b) 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.

to the Satisfaction of the Responsible Authority

Preparation of Landscape Plans4. Prior to the commencement of development, three (3) copies of a landscape

plan prepared by a suitably qualified or experienced person, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. The plan(s) must be drawn to scale and show:a) Details of surface finishes of pathways and driveways;b) A planting schedule of all proposed trees, shrubs and ground covers

including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant;

c) Landscaping and planting within all open areas of the site;d) Landscaping close to the road access to be maximum of 0.9 m high to

facilitate line of sight for exiting vehicles.When approved, the plan will be endorsed and form part of the permit, all to the satisfaction of the Responsible Authority.

Prior to the Occupation of Dwellings5. Prior to the occupation of the dwellings, the developer must:

a) Construct the site stormwater system including connections for each unit into the kerb and channel in Seaview Parade, 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 for Unit 1 and Unit 2 from Seaview Parade in accordance with the requirements and standards of the City of Greater Geelong, ensuring they are constructed perpendicular to the road;

NOTE: The permit holder is required to contact Council’s Parks Unit for an inspection of the street trees in Seaview Parade by one of Council’s Arborists. The inspection will determine if any damage has occurred and the extent of damage that has occurred to the trees root system during excavation for the vehicle crossings. This inspection will need to be done immediately after the excavation works are completed and before the crossover construction works begin.


c) Construct vehicular crossings for Unit 3 and Unit 4 from McKeown Lane in accordance with the requirements and standards of the City of Greater Geelong;

d) Remove any redundant vehicular crossings and reinstate the kerb and channel and/or the footpath/nature strip area to match existing construction in the street, to the satisfaction of the Responsible Authority;

e) Clean and finish all external walls on boundaries;f) Construct the acoustic fence as detailed in condition 1b), unless

otherwise agreed to in writing by the owner/occupant of the adjoining property to the north of unit 3;

g) Complete all buildings and works and landscaping in accordance with the endorsed plans;

Tree removal and replacement6. Should the any of the street trees in Seaview Parade be deemed lost by

Council’s Arborists, prior to occupation, the street trees that will be removed to facilitate the construction of the proposed crossovers must be offset using two (2) new trees for each tree removed and to be replanted either at the site or a suitable location, to the satisfaction of the Responsible Authority, and maintained for an establishment period of two years at the developer’s expense, unless otherwise approved by the Responsible Authority.

SUBDIVISION

Endorsed Plans7. The layout and site dimensions of the proposed subdivision as shown on

the endorsed plan(s) shall 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.

Drainage8. The site stormwater system must be designed and installed such that;

a) 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;

b) 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.

to the Satisfaction of the Responsible Authority


Prior to Certification9. The owner of the land must enter into agreements 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 (NBN) will not be provided by optical fibre.

10. 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.

Prior to Statement of Compliance11. Prior to statement of compliance, the developer must:

a) Construct the site stormwater system including connections for each unit into the kerb and channel in Seaview Parade, 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 for Unit 1 and Unit 2 from Seaview Parade in accordance with the requirements and standards of the City of Greater Geelong, ensuring they are constructed perpendicular to the road;

NOTE: The permit holder is required to contact Council’s Parks Unit for an inspection of the street trees in Seaview Parade by one of Council’s Arborists. The inspection will determine if any damage has occurred and the extent of damage that has occurred to the trees root system during excavation for the vehicle crossings. This inspection will need to be done immediately after the excavation works are completed and before the crossover construction works begin.

c) Construct vehicular crossings for Unit 3 and Unit 4 from McKeown Lane in accordance with the requirements and standards of the City of Greater Geelong;

d) Remove any redundant vehicular crossings and reinstate the kerb and channel and/or the footpath/nature strip area to match existing construction in the street;

all to the satisfaction of the Responsible Authority.


Tree removal and replacement12. Should the any of the street trees in Seaview Parade be deemed lost by

Council’s Arborists, prior to the issue of statement of compliance, the street trees that will be removed to facilitate the construction of the proposed crossovers must be offset using two (2) new trees for each tree removed and to be replanted either at the site or a suitable location, to the satisfaction of the Responsible Authority, and maintained for an establishment period of two years at the developer’s expense, unless otherwise approved by the Responsible Authority.

13. Before the issue of 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 item; and

b) a suitably qualified person that fibre ready telecommunications 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.

14. Unless otherwise approved in writing by the Responsible Authority, prior to the issue of Statement of Compliance:a) The development approved by Planning Permit 402-2016 must be

substantially completed (e.g. lockup stage as a minimum) in accordance with the endorsed plans forming part of that Planning Permit (or any amendment to that permit) to the satisfaction of the Responsible Authority. Evidence must be submitted which demonstrates that the development is substantially completed to the satisfaction of the Responsible Authority;

orb) The owner of the land must enter into an agreement with the

Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 which provides for all development to be in accordance with the endorsed plans forming part of Planning Permit 402-2016 (or any amendment to that permit) or any subsequent Planning Permit. The owner must pay the costs of preparation, review, execution and registration of the agreement and the agreement must be registered on the newly created title/s. The Section 173 Agreement may be ended by the Responsible Authority at the written request of the owner and at no cost to Council.

Public Open Space Contribution15. The owner of the subject land must pay to the Council a sum equivalent to

two (2) 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. The contribution will be payable prior to the issue of a Statement of Compliance.


POWERCOR CONDITIONS16. 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.

17. 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.

18. 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.

19. 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.

20. Any buildings must comply with the clearances required by the Electricity Safety (Installations) Regulations.

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

BARWON WATER CONDITIONS

General22. 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.

Water23. 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(s), is to be submitted.

24. 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.

25. An additional tapping is to be supplied to service the proposed development. Note that tappings and services are not to be located under existing or proposed driveways.


26. Reticulated water mains or a water 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.

27. 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.

Sewer28. 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).

29. 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).

30. 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.

31. The provision of a separate sewer connection branch to all lots within the subdivision. A list of certified/licensed plumbers can be provided upon request.

32. 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 being replaced 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 L012747.

DOWNER CONDITIONS

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

EXPIRY

Development34. 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 use or 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.

Subdivision35. 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 certification period referred to if a request is made in writing before the permit expires or within six (6) months afterwards.

Engineering Notes: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.

Parks Notes:

4. Council must be reimbursed the full costs associated with: removing the existing tree and stump purchase of new replacement trees in minimum 40cm containers planting the replacement trees aftercare and maintenance of the replacement trees for a period of no

less than two years

5. As the street trees are a Council asset located within a road reserve, all works associated with tree removal and replacement must be undertaken by Council or its approved contractors, the applicant is advised to contact Council’s Parks Unit (5272 4827) to discuss the removal and replacement of the street tree. A written quote will be prepared and provided to the applicant and acceptance of the quote must be provided in writing to Council prior to any works to the street tree commencing.

6. Any applicable Council permit(s) must be taken out prior to the commencement of works within the road reserve.

7. The applicant or their nominated representatives are not authorised to remove or arrange the removal of the Council tree.

ReportThe Site & Locality

The subject site is located on the west side of Seaview Parade with the property consisting of two lots, 13 and 14, Section 4, Plan of Subdivision 003154. The lots have frontage to Seaview Parade and McKeown Lane of 20.12m and a depth of 42.67m equating to an area of 858sqm.

The site currently contains a timber weatherboard dwelling oriented to Seaview Parade, and appears to be in a state of disrepair. Vehicle access is available via McKeown Lane where no kerb and channel is in place on the east side of the lane. The Seaview Parade frontage contains grassed nature strip with two street trees and formed kerb and channel.

The site contains little vegetation other than grasses and three garden trees. The land slopes down to the north east corner by approximately three metres.

The site is located 75m north of Mt. Pleasant Road and 220m walk to the intersection with High Street in Belmont. The locality is well serviced with access to public transport, commercial premises, and community and education services. The image below shows the subject site in context with the surrounding zoning.


The subject site is located in the General Residential Zone, Schedule 1. Land around High Street is in the Commercial 1 Zone and land buffering this is contained in the Residential Growth Zone, Schedule 2.

The site is also located in the Belmont – High Street Increased Housing Diversity Area (IHDA), as recognised in City of Greater Geelong Housing Diversity Strategy (alpha Plan, David Lock Associates and the City of Greater Geelong, 2007), that is incorporated into the planning scheme. IHDAs have been identified around activity centres and have significant capacity to accommodate residential growth and increased housing diversity.


Subject Site indicated with green marker in Belmont – High Street Increased Housing Diversity Area (IHDA

The subject site is not subject to any overlays, however land to the east and west and along Mt Pleasant Road are covered by the Heritage Overlay, Schedule 1906 for the Kardinia Heritage Area.


Surrounding lots in the area are developed single or multi-dwellings in styles that range from modest single storey face brick dwellings to larger double storey dwellings on lots of 800sqm. Generally, dwellings in Seaview Parade, Riverview Terrace and Kardinia Street are oriented to the east with rear vehicle access to garaging constructed to the rear boundaries. This evident in Seaview Parade with the dwellings fronting Riverview Terrace and Mt Pleasant Road having garaging to Seaview Parade as in the images below.

Seaview Parade - Rear garages to dwellings fronting Mt Pleasant Road


Seaview Parade – Rear garages to dwellings fronting Riverview Terrace

Garaging is also evident in McKeown Lane, with the addition of two dwellings adjoining the north of the subject site at 12 and 14 McKeown Lane.

McKeown Lane – Rear of properties with dwellings at 12 and 14.

Dwellings at 12 and 14 McKeown Lane, adjoining to the north of subject site.

Land at 36 Seaview Parade adjoins the subject site to the south and is developed with three dwellings and common property driveway abutting the common boundary. The dwellings are oriented to Seaview Parade.


Three dwellings at 36 Seaview Parade and the subject land at 35 Seaview Parade.

Proposal

The application seeks approval for four dwellings and subdivision of the land in accordance with the development layout.

The development proposes two dwellings to be oriented to Seaview Parade and two to be oriented to McKeown Lane. The dwellings propose a single design and layout of bedroom 1 on the ground floor along with kitchen/dining/living, utilities, and single garaging. An additional vehicle space is provided in tandem with the required length of 5.4m achieved. The upper floor provides for an additional two bedrooms, bathroom and open study area.

The dwellings are proposed to be constructed of face brick and horizontal fibre cement sheet (appears similar to weatherboard) with hipped roof form of Colorbond roof sheet. Indicative colours are light toned cream and greys.

Potions of cut and fill will be required to the site, with the dwellings being designed to step down the slope to Seaview Parade. Overall heights of the dwellings vary with the maximum height being 7.6m where unit 3 steps down to the rear living area. In the streetscape, the heights range from between 6.57m and 6.9m.

The dwellings are proposed to be setback 4m from the front boundaries of both Seaview and McKeown, with the upper levels setback 5.8m from the front boundaries. The dwellings are proposed to be constructed to the side boundaries for a depth of 8m with the rear of the dwellings set in from boundaries in accordance with the relevant standard. Private open space to the dwellings are provided to the rear of approximately 35sqm, and partially covered. Each dwelling allows a front setback of approximately 25sqm for landscaping.

Greater Geelong Planning Scheme

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

A building used as a self-contained residence which must include: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.

ZoneThe subject site (and surrounding properties) is located within the General Residential Zone, Schedule 1. The purpose of 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. 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 education, recreational, religious, community and a limited range of

other non-residential uses to serve local community needs in appropriate locations.

OverlayThe proposal is not subject to an overlay.

Permit required clause and conditionA planning permit is triggered for this application pursuant to the following clauses of the Greater Geelong Planning Scheme:

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

Pursuant to Clause 32.08-4 of the General Residential Zone a permit is required to construct two or more dwellings on a lot.

Restrictive Covenant

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

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.

Part 2 - Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt activities which do not require a Cultural Heritage Management Plan. The proposal is not listed as an exempt activity.

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.

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 as a high impact activity.


The site is considered to have been the subject of significant ground disturbance which is defined as ‘disturbance of (a) the topsoil or surface rock layer of the ground or (b) a way - by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping.

In accordance with the above assessment, 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.

State Planning Policy FrameworkClause 11.02-1 Supply of landObjective

To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses.

Strategies Ensure the ongoing provision of land and supporting infrastructure to support

sustainable urban development.

Clause 15.01-1 Urban designObjective

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

Strategies Promote good urban design to make the environment more liveable and

attractive. Ensure new development or redevelopment contributes to community and

cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability.

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

Require development to include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context.

Clause 15.01-3 Neighbourhood and subdivision designObjective

To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods.

StrategyIn the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to create liveable and sustainable communities by:

Contributing to an urban structure where networks of neighbourhoods are clustered to support larger activity centres on the regional public transport network.

Creating compact neighbourhoods that have walkable distances between activities and where neighbourhood centres provide access to services and facilities to meet day to day needs.

Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people.


Contributing to reducing car dependence by allowing for:o Convenient and safe public transport.o Safe and attractive spaces and networks for walking and cycling.o Subdivision layouts that allow easy movement within and between

neighbourhoods.o A convenient and safe road network.

Creating a strong sense of place because neighbourhood development emphasises existing cultural heritage values, well designed and attractive built form, and landscape character.

Environmentally friendly development that includes improved energy efficiency, water conservation, local management of stormwater and waste water treatment, less waste and reduced air pollution.

Being accessible to people with disabilities.

Clause 15.01-5 Cultural identity and neighbourhood characterObjective

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.

Clause 15.02-1 Energy and resource efficiencyObjective

To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

Strategies Ensure that buildings and subdivision design improves efficiency in energy use. Promote consolidation of urban development and integration of land use and

transport.

Clause 16.01-1 Integrated HousingObjective

To 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.


Clause 16.01-4 Housing DiversityObjective

To 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.

Clause 16.01-5 Housing AffordabilityObjective

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

Strategies Improve housing affordability by:

o Ensuring land supply continues to be sufficient to meet demand.o 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.

o Promoting good housing and urban design to minimise negative environmental impacts and keep down costs for residents and the wider community.

Local Planning Policy FrameworkMunicipal Strategic Statement

Clause 21.06-1 Settlement and Housing - Key issues and influencesHousingThe majority of new housing development in the municipality will continue to be in the form of detached dwellings on conventionally sized blocks; however the demand for smaller dwelling types is expected to escalate. This trend will be driven by significant growth in smaller households (primarily singles, childless couples and sole parents), as well as emerging preferences for lower maintenance dwellings that are close to urban services.

The ageing of the population will contribute substantially to the increase in demand for low maintenance dwellings and retirement accommodation. This accommodation will need to be close to urban services.

In order to meet these demands, there is a need to provide for a range of housing typologies including unit, townhouse, attached, multilevel and apartment dwellings.

There is a need to maintain competition and diversity in the housing market.


Clause 21.06-3 Urban consolidationObjectives

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

StrategiesManage 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;

o high density housing in the activity centres consistent with their primary commercial and retail role; and

o 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.

Clause 21.06-4 Neighbourhood characterObjectives

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.

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. Support appropriate medium density housing that respects the existing

neighbourhood character in the General Residential Zone areas.

Local Planning Policies

Clause 22.63 Increased Housing Diversity AreasObjectives

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.

PolicyIt is policy that development within each of the Increased Housing Diversity Areasresponds positively to the relevant matters set out in this policy.


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 developments

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.

Subdivision and Consolidation Encourage the consolidation of lots to increase development potential. Discourage the fragmentation of sites and underdevelopment of sites.

Car Parking Ensure that the visual prominence of car parking structures is minimised by

locating them behind the line of the front façade and designing them to form a visually unobtrusive part of the building.

Where more than one car space is provided, encourage the use of a single-width garage or carport and a tandem parking space on existing or proposed lots with a frontage of less than 10.5m.

Minimise the number of vehicle crossings and where possible, access should be from lower order roads and rear laneways.

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.


Referrals

Engineering Services UnitStandard conditions have been recommended by the Engineering Services Unit that cover drainage of the site, construction of new crossover(s) from both frontages, and creation of any easements required for the subdivision portion of the proposal. The conditions are considered to be appropriate and have been included in the recommendations.

Traffic UnitThe traffic Unit was asked to consider the proposal in context with the use and condition of McKeown Lane. The unit noted that the footpath provision in the Lane was of a poor standard and have recommended a condition to have the frontage of the lot replaced in accordance with Council standards. It is expected that this will be a similar finish to that at the frontage of 12 and 14 McKeown Lane.

With regard to traffic to be generated by the proposed development, it is expected that each dwelling will make the addition of 6 to 8 movements per day. The unit are satisfied that this addition can be absorbed within the existing street network.

Conditions have been recommended ensure appropriate line of sight is maintained from vehicle crossings to pedestrians and other traffic.

Tree ManagementThe proposal was referred to the Tree Management Unit for their comments regarding the possible removal of the street tree(s) in the road reserve in Seaview Parade. The proposed crossover(s) to dwellings one and two may cause impact on the tree protection zone(s), although it may be possible to retain the tree(s). This can be confirmed via an onsite inspection of the crossover excavation by Council’s Arborist prior to the crossover construction works. At which time it will be determined if the tree(s) will be declared lost and costs attributed to the developer.

Conditions have been recommended to address this and are to be included in any permit to issue.

Servicing AuthoritiesThe proposal was referred to the external servicing authorities of Barwon Water, Powercor, and Downer Tenix. The authorities have no objection to the proposal, subject to their conditions being applied to any permit to issue.

Amendment of the Proposal Prior to or Post Public Notification

The application was not amended prior to or post 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) A3 sign(s) were placed on the land


At the time of writing this report, 17 objections had been received.

The submissions have been summarised below into common concerns.

Objection – Cuboid design and location of balconies at front of units is out of character with neighbourhood

ResponseThe applicant has heeded the concerns of objectors and undertaken changes that include the deletion of balconies and integration of a hipped roof form. The plans were re-notified to objectors who generally expressed that they were pleased with these changes.

Objection - Dwelling heights are out of character with neighbourhood and will dominate the streetscape

ResponseThe proposed dwelling heights are within the maximum set out by the standard at Clause 55.03-2 of the Greater Geelong Planning Scheme. With regard to the objective to ensure height of buildings respect the existing or preferred neighbourhood character, it must be noted that there is no neighbourhood character policy for this location which sets out a preferred height.

In context with the existing neighbourhood character, there are a number of examples of double storey dwellings in the locality, including in the Seaview Parade streetscape. Further to this, two storey form is generally recognised as acceptable dwelling design in residential areas.

Objection - Visual bulk of boundary to boundary development is out of character with neighbourhood

ResponseIt is acknowledged that the majority of development in the locality allows for side setbacks to boundaries. This is generally evident in area given the era of development. Modern development forms seek to make efficient use of sites by building to at least one boundary, and this is evident in the more modern dwelling stock at 12 and 14 McKeown Lane, 34 Seaview Parade, and the development under construction at 2 McKeown Lane.

The subject site is located in the Belmont-High Street Increased Housing Diversity Area, to which the policy at Clause 22.63 seeks to accommodate intensification of residential development. The boundary to boundary form facilitates this in a form that is reflective of portions of streetscapes in this locality, that are dominated by on boundary garage form across the width of allotments, or in conjunction with solid fencing.

The proposal has sought to soften the boundary to boundary form by incorporated separation and articulation of the facades. This is achieved through graduated setbacks to garaging, portico additions, upper storey recession and appropriate separation between upper storey portions.


Objection - Density of four dwellings is out of character with neighbourhood

ResponseObjections regarding the number of dwellings to the proposal have been a common response, with a number of objectors preferring the land be developed with a lesser number of dwellings. With regards to the planning policy relevant to the proposal, the number of dwellings is not for consideration. The proposal is required to be assessed via its response to state and local planning policy, and its compliance with the objectives and standards of Clause 55.

The proposal has appropriately responded to the requirements of Clause 55, as detailed in the table of this report. With regards to the relevant state and local planning policy, the proposal seeks to make efficient use of the site which is considered to be very well serviced, especially with regard to access to commercial, community and transport services. This is in accordance with state planning policy for Energy and Resource Efficiency; Integrated Housing; Housing Diversity and Housing Affordability.

The proposal also provides for a positive response to local policy for Urban Consolidation, especially in accordance with the strategy for maximisation of opportunities for housing within Increased Housing Diversity Areas.

Objection - Insufficient areas for landscaping

ResponseThe proposal allows for approximately 25sqm to each of the dwellings for front landscaping. The area is considered sufficient for the establishment of vegetation that will be an addition to the streetscape.

Objection - Proposal should respond to Heritage Overlay of the area, as it does not fit into heritage streetscape

ResponseThe subject site is not included in the Heritage Overlay, and as such is not required to abide by the associated development guidance of the Greater Geelong Heritage Design Guidelines, or the schedule to the overlay that applies to other sites in the locality, being the Kardinia Heritage Area.

Generally, streetscapes of low contribution or have a substantial number of introduced dwellings to an area are not included in a Heritage Area, and this is the case for the portion of streetscape contained on the east of McKeown Lane and west side of Seaview Parade, continuing north from 36 Seaview Parade.

The subject site is adjoining introduced development to the area and therefore should not be required to respond to any heritage related policy, especially where no overlay applies to theses sites.


Having said this, it is worth considering that infill development in heritage areas is not to be a replica of an identified heritage form that is common to the area. New development to heritage areas should be recognisable as new and distinguish itself from the dwellings that do contribute the heritage area. In this context, it is considered that the proposed developments are recognisable as modern dwelling designs and will not dilute the significance of the Kardinia Heritage Area by the addition of a mock heritage form.

Objection - Insufficient off street parking supplied by development

ResponseThe proposal consists of four three bedroom dwellings which are required to supply two car park spaces per dwelling, in accordance with the requirements of Clause 52.06 of the Greater Geelong Planning Scheme. The proposal has complied with this requirement.

Objection - Increased risk of traffic hazards and congestion due to increased use of on street parking in Seaview Parade, McKeown Lane and Collins Street

ResponseThe proposal was referred to Council’s Traffic Unit for their comments regarding the proposed traffic generation that will accompany the development. The Unit are satisfied that traffic generated via the proposal can be absorbed into the existing road network.

As stated above, the proposal has complied with the requirements of the planning scheme for car parking provision. Requirements for additional car parking are to be accommodated by on-street car parking, which is available for all persons to utilise. The parking of vehicles in the street is not controlled via the planning scheme and can not be addressed by this assessment.

Likewise, the manner in which private persons drive or park their vehicles, possibly creating hazards, is not able to be addressed by this assessment.

Objection - McKeown Lane does not have sufficient drainage, lighting, footpath to accommodate dwellings – McKeown Lane is a lane, not a street. Developer should be required to fully seal, kerb and channel to east side, and footpath - Safety of pedestrians who use McKeown Lane is at risk

ResponseA number of submissions have commented that McKeown Lane is a “lane” and not a street; therefore no further development should be allowed to address the lane until the full complement of street infrastructure is constructed.

Advice was sought from the Traffic Unit who were satisfied that the development will not cause detriment in the McKeown Lane context. They did note that the footpath space between the lot boundary and vehicle carriageway is in disrepair and recommend a condition to rectify this to the satisfaction of the Responsible Authority. It is reasonable to expect that this would be to the same standard as the interface provided at the frontage of 12 and 14 McKeown Lane.


Whilst the carriageway may be named as a “lane”, this does not restrict its purpose as provision of carriageway for vehicle traffic, in the same manner as any roadway.

It is considered that the proposal will not alter the purpose or use of the lane, with persons still able to walk or drive in the space, at their own risk. As highlighted by a number of objections, the lane does not have a footpath; however it is still used as a thoroughfare by pedestrians. The lack of footpath represents an acceptance of risk by any person who uses the lane. This proposal will not alter a pedestrian’s choice to take this route, despite the risk associated with the lack of a designated footpath. Alternate routes exist in this predominantly grid like locality, and as such, it is not accepted that this proposal results in an unacceptable risk to drivers and pedestrians.

With the requirement for kerb and channel to the McKeown Lane frontage, Council’s Engineering Unit have not indicated that this infrastructure is necessary. In fact, the installation of such infrastructure for the frontage of the subject site would have a negligible effect on the existing conditions, where the infrastructure would not be contiguous with any associated existing drainage facilities along this side of McKeown Lane. Council’s Engineering Unit have recommended that crossovers to dwellings three and four be constructed to the standard as 12 and 14 McKeown Lane, and the nature strip area reinstated to match existing construction in the street.

Objection - Concern regarding drainage of sites

ResponseStormwater drainage conditions have been recommended by the Engineering Unit with the legal point of discharge to be to the kerb and channel in Seaview Parade.

Objection - Noise from courtyards impacting on neighbours

ResponseThe normal use of a dwelling includes the use of outdoor space. Any excessive noise associated with the normal use of an outdoor space can be directed to the relevant authorities where nuisance is caused.

With regard to this proposal, the applicant has expressed a willingness to install acoustic fencing to the interface with the north adjoining property, abutting dwelling three’s private open space. This offer of noise attenuation will be reflected in an amended plans condition of any permit to issue.

Objection - Development will affect value of my property

ResponseConcerns for property value are not a relevant matter for consideration in this assessment.

Objection - Materials/colours proposed are not in keeping with surrounding dwellings – prefer red brick or other darker colour to avoid potential impact to neighbours and drivers


ResponseThe proposed development plans indicate colours that are of light tones of cream and grey. Objections have noted that the predominant material and colour of the locality is red brick, and they would prefer that red brick was incorporated into the design.

The subject site is not covered by any overlay that directs the consideration of proposed colours to a development, and as such the assessment can not direct the proposal to integrate such a request. The applicant is aware of the request and may wish to integrate red brick of their own accord.

With regard to neighbourhood character, it is considered that the proposal has integrated appropriate materials which reflect those used in the locality.

Objection - Prefer highlight window to Unit 4 upper floor façade to protect from overlooking to 22 Collins

ResponseThe objection seeks to mitigate any possible overlooking to habitable room windows of 22 Collins Street. Overlooking potential is measured at a distance of 9m from the proposed window, in accordance with the standard at Clause 55.04-6 of the Greater Geelong Planning Scheme. The window to the upper floor of dwelling 4 of the proposal is located 12m from the objector’s property boundary, across McKeown Lane. As such, there is no requirement for the proposal to undertake changes to mitigate overlooking in this instance.

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 11July 2016. Council has accepted the amendment. The amendment made the following changes to the application:

Changed design of first floor plan and introduction of pitched roof shape & changes to elevations for all four units.

Included schedule of materials and colours Changes to first floor: - reduction of overall width, removal of balcony, changes to

elevation/roof shape to reduce dominance of facades in the streetscape Reduced heights of walls on boundaries by removal of parapet walls in

elevations Changed window to bed 2 to avoid overlooking issues.

These are the plans currently under assessment.

The amended application was renotified pursuant to Section 57B of the Planning and Environment Act 1987 via email or postal service to all objectors

As a result of re-notification to objectors, no additional objections have been received but some objectors have taken the opportunity to confirm their objection. Some have expressed that the alterations have gone some way to appeasing their concerns, especially with regard to an improved neighbourhood character response addressing the bulk of the previous cuboid design.

No objector has chosen to withdrawn their objection on the basis of these amended plans being lodged with Council.


Assessment

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

Pursuant to the above table a two 2 percent contribution is required to be made. A condition of permit requires a cash contribution to be made.

Clause 52.06 – Car Parking

To ensure that car parking is provided in accordance with the State Planning Policy Framework and the Local Planning Policy Framework.

To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality.

To support sustainable transport alternatives to the motor car. To promotes the efficient use of car parking spaces through the consolidation of car

parking facilities. To ensure that car parking does not adversely affect the amenity off the locality. To ensure that the design and location of car parking is of a high standard, creates a

safe environment for users and enables easy and efficient use.

ResponseClause 52.06 requires the provision of 8 car spaces to be located on the land. A total of 8 car spaces are provided.

Design Standards Dimensions of garages and tandem spaces meet minimum requirements; Crossovers and access ways leave appropriate areas for landscaping; All vehicles can access carriage way safely;


Clause 55 - ResCode Assessment – Two or More Dwellings on a Lot

The development is required to be assessed against Clause 55 as set out below:

55.02-1Neighbourhood character objectivesTo ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character.

To ensure that the design responds to the features of the site and the surrounding area.

Standard B1The design response must be appropriate to the neighbourhood and the site.

The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site..

CompliesDouble storey development is evident in the locality with examples generally in form of upper floor extensions to existing older style dwellings. The existing forms show varied articulation and roof design, with examples in the vicinity of the subject site of hipped or gable designs.

Single storey dwellings range in design from interwar and post war bungalows of weatherboard or face brick construction through to face brick and concrete tile construction of modern suburban designs.

The applicant has undertaken changes resulting in acceptable bulk and height in the streetscape with appropriate setbacks from the front and side boundaries.

The development responds to the character of the area by integrating appropriate materials and roof form to the design.


55.02-2Residential policy objectivesTo ensure that residential development is provided in accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

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

Standard B2An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

CompliesAs set out above, the application complies with the planning policy framework. The required written statement has been provided.

55.02-3Dwelling diversity objectiveTo encourage a range of dwelling sizes and types in developments of ten or more dwellings.

Standard B3Developments of ten or more dwellings should provide a range of dwelling sizes and types, including:

Dwellings with a different number of bedrooms.

At least one dwelling that contains a kitchen, bath or shower, and a toilet and wash basin at ground floor level.

- N/ALess than ten dwellings are proposed.


55.02-4Infrastructure objectivesTo ensure development is provided with appropriate utility services and infrastructure.

To ensure development does not unreasonably overload the capacity of utility services and infrastructure.

Standard B4Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, if available.

Development should not unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads.

In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure.

CompliesThe site is serviced by the required infrastructure and the application has been referred to Council’s Engineers who have not raised any concern about the ability of the site to be drained. Conditions of permit cover off on this issue.

55.02-5Integration with the street objectivesTo integrate the layout of development with the street.

Standard B5Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility.

Development should be oriented to front existing and proposed streets.

High fencing in front of dwellings should be avoided if practicable.

Development next to existing public open space should be laid out to complement the open space.

CompliesThe development is designed to address both frontages of Seaview Parade and McKeown Lane, with pedestrian and vehicle links to the street provided. There is no high front fencing proposed for this development.


55.03-1Street setback objectiveTo ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

Standard B6Walls of buildings should be set back from streets the distance specified in Table B1.

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

Complies with variationThe application seeks a variation to the standard.

Seaview Parade frontage:The adjoining properties are setback 3.4 metres and 5.9 metres, which results in a requirement for a 4.65 metre street setback.

The dwellings proposed for Seaview Parade are setback 4m, seeking a variation of 0.65m. The reduced setback has been proposed to be more in keeping with that displayed by 34 Seaview Parade.

McKeown Lane frontage:The adjoining property at 12 McKeown Lane is setback 4.5 metres. Adjoining to the south is a dwelling oriented to Seaview Parade with a rear fence and garage fronting McKeown Lane. This results in a requirement for a 4.5 metre street setback.

The dwellings proposed for McKeown Lane are setback 4m, seeking a variation of 0.5m. The reduced setback has been proposed to be in keeping with that displayed by 12 and 14 McKeown and graduate to the zero setback built form of the rear fence and garage of 36 Seaview Parade.

The minor reduction to the standard for both frontages is considered acceptable in that it provides for a transition between adjoining built forms.

In addition, the reduced setbacks facilitate efficient use of the site and existing services in this locality which is recognised as an Increased Housing Diversity Area.



55.03-2Building height objectivesTo ensure that the height of buildings respects the existing or preferred neighbourhood character.

Standard B7The maximum building height should not exceed the maximum height specified in the zone, schedule to the zone or an overlay that applies to the land.

If no maximum height is specified in the zone, schedule to the zone or an overlay, the maximum building height should not exceed 9 metres, unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres.

Changes of building height between existing buildings and new buildings should be graduated.

CompliesThe dwelling heights are respectful of the character of the area with the undulating topography and some availability of views encouraging double storey additions to older dwellings and new developments.

While the dwellings are double storey in scale, the design solution includes single storey elements and a low pitch roof form in response to the scale of the surrounding area.

55.03-3Site coverage objectiveTo encourage development that respects the landscape character of the neighbourhood.

To encourage the retention of significant trees on the site.

Standard B8The site area covered by buildings should not exceed 60 per cent.

CompliesThe site coverage of buildings is 60 percent of the site, which is equal to the 60% allowed by the standard.

55.03-4Permeability objectivesTo reduce the impact of increased stormwater run-off on the drainage system.

To facilitate on-site stormwater infiltration.

Standard B9At least 20 per cent of the site should not be covered by impervious surfaces.

CompliesThe site retains 27 per cent permeability, assisting in on site stormwater filtration.


55.03-5Energy efficiency objectivesTo achieve and protect energy efficient dwellings and residential buildings.

To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

Standard B10Buildings should be:

Oriented to make appropriate use of solar energy. Sited and designed to ensure that the energy

efficiency of existing dwellings on adjoining lots is not unreasonably reduced.

Living areas and private open space should be located on the north side of the development, if practicable.

Developments should be designed so that solar access to north-facing windows is maximised.

CompliesThe dwellings are designed to take advantage of solar energy and living rooms and private open space areas and located to receive northern light.

55.03-6Open space objectiveTo integrate the layout of development with any public and communal open space provided in or adjacent to the development.

Standard B11If any public or communal open space is provided on site, it should:

Be substantially fronted by dwellings, where appropriate.

Provide outlook for as many dwellings as practicable.

Be designed to protect any natural features on the site.

Be accessible and useable.

- N/AThere is no communal open space requiring consideration.


55.03-7Safety objectiveTo ensure the layout of development provides for the safety and security of residents and property.

Standard B12Entrances to dwellings and residential buildings should not be obscured or isolated from the street and internal access ways.

Planting which creates unsafe spaces along streets and access ways should be avoided.

Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal access ways.

Private spaces within developments should be protected from inappropriate use as public thoroughfares.

CompliesThe development is designed to provide for the safety and security of residents and property. All dwelling entrances are clearly visible from the street or internal access way and private spaces within the development will be fenced.


55.03-8Landscaping objectivesTo encourage development that respects the landscape character of the neighbourhood.

To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.

To provide appropriate landscaping.

To encourage the retention of mature vegetation on the site.

Standard B13The landscape layout and design should:

Protect any predominant landscape features of the neighbourhood.

Take into account the soil type and drainage patterns of the site.

Allow for intended vegetation growth and structural protection of buildings.

In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals.

Provide a safe, attractive and functional environment for residents.

Development should provide for the retention or planting of trees, where these are part of the character of the neighbourhood.

Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made.

The landscape design should specify landscape themes, vegetation (location and species), paving and lighting.

CompliesThere are adequate areas available on site to allow for planting which will complement the landscape character of the area.

A condition of permit requires the submission of a detailed landscape plan.


55.03-9Access objectiveTo ensure the number and design of vehicle crossovers respects the neighbourhood character.

Standard B14The width of access ways or car spaces should not exceed:

33 per cent of the street frontage, or if the width of the street frontage is less than 20

metres, 40 per cent of the street frontage.No more than one single-width crossover should be provided for each dwelling fronting a street.

The location of crossovers should maximise the retention of on-street car parking spaces.

The number of access points to a road in a Road Zone should be minimised.

Developments must provide for access for service, emergency and delivery vehicles.

CompliesA total of 35 per cent of the frontage is taken up with vehicle crossings, which complies with the standard.

55.03-10Parking location objectiveTo provide convenient parking for resident and visitor vehicles.

To protect residents from vehicular noise within developments.

Standard B15Car parking facilities should:

Be reasonably close and convenient to dwellings and residential buildings.

Be secure. Be well ventilated if enclosed.Large parking areas should be broken up with trees, buildings or different surface treatments.

Shared access ways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the access way.

CompliesConvenient parking is provided for residents and shared access ways are located at least 1.5 metres from the windows of habitable rooms.

55.04-1


Side and rear setbacks objectiveTo ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B17A new building not on or within 200mm of a boundary should be set back from side or rear

boundaries:

At least the distance specified in a schedule to the zone, or

If no distance is specified in a schedule to the zone, 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.

Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard.

Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard.

CompliesThe required setbacks have been achieved for the development and all side and rear setbacks comply with the formula contained in the standard.


55.04-2Walls on boundaries objectiveTo ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B18A new wall constructed on or within 200mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary:

For a length of more than the distance specified in a schedule to the zone; or

If no distance is specified in a schedule to the zone, for a length of more than:

o 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or

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

A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary.

A building on a boundary includes a building set back up to 200mm from a boundary.

The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall.

The maximum wall length on the north boundary abutting 12 McKeown is 6.5 metres and it has a maximum height of 4.15 metres. This wall is to be constructed abutting the existing garage wall of 12 McKeown, reducing the impact of the height of the wall, with no amenity impacts resulting.

The maximum wall length on the north boundary abutting 34 Seaview is 6.5 metres and it has a maximum height of 3.1 metres.

The maximum wall length on the south boundary abutting Unit 3 of 36 Seaview is 7.9 metres and it has a maximum height of 3.45 metres with the average height being less than 3.2m.

The maximum wall length on the south boundary abutting the common property of 36 Seaview is 7.9 metres and it has a maximum height of 2.85 metres.


55.04-3Daylight to windows objectiveTo allow adequate daylight into existing habitable room windows.

Standard B19Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot.

Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window.

Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window.

CompliesThe required light courts have been achieved and all windows have access to the required level of daylight.

55.04-4North facing windows objectiveTo allow adequate solar access to existing north-facing habitable room windows.

Standard B20If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east.

- N/AThere are no north facing windows on abutting lots which require consideration.


55.04-5Overshadowing open space objectiveTo ensure buildings do not significantly overshadow existing secluded private open space.

Standard B21Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September.

If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced.

CompliesThe level of overshadowing associated with the development is within the requirements of the standard.


55.04-6Overlooking objectiveTo limit views into existing secluded private open space and habitable room windows.

Standard B22A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level.

A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either:

Offset a minimum of 1.5 metres from the edge of one window to the edge of the other.

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

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

level and be no more than 25 per cent transparent.Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard.

Screens used to obscure a view should be:

Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent panels.

Permanent, fixed and durable. Designed and coloured to blend in with the development.This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary.

Complies with conditionThe development is designed to meet the requirements of the standard and therefore views into existing secluded private open space areas and habitable room windows have been limited.

A condition is recommended to ensure 1.7m sills are indicated or relevant windows will be otherwise obscured with restricted openings as required.


55.04-7Internal views objectiveTo limit views into the secluded private open space and habitable room windows of dwellings and residential buildings within a development.

Standard B23Windows and balconies should be designed to prevent overlooking of more than 50 per cent of the secluded private open space of a lower-level dwelling or residential building directly below and within the same development.

CompliesInternal views have been considered in the design solution and there is no internal overlooking.

55.04-8Noise impacts objectiveTo contain noise sources in developments that may affect existing dwellings.

To protect residents from external noise.

Standard B24Noise sources, such as mechanical plant, should not be located near bedrooms of immediately adjacent existing dwellings.

Noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjacent properties.

Dwellings and residential buildings close to busy roads, railway lines or industry should be designed to limit noise levels in habitable rooms.

- N/AThere are no external noise sources which require consideration.

55.05-1Accessibility objectiveTo encourage the consideration of the needs of people with limited mobility in the design of developments.

Standard B25The dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility.

CompliesThe entries to the ground floor of the dwellings are accessible to those with limited mobility.


55.05-2Dwelling entry objectiveTo provide each dwelling or residential building with its own sense of identity.

Standard B26Entries to dwellings and residential buildings should:

Be visible and easily identifiable from streets and other public areas.

Provide shelter, a sense of personal address and a transitional space around the entry.

CompliesAll dwelling entries are clearly visible and identifiable from the street providing for a sense of identity for each dwelling. A transitional space is provided at each dwelling entry.

55.05-3Daylight to new windows objectiveTo allow adequate daylight into new habitable room windows.

Standard B27A window in a habitable room should be located to face:

An outdoor space clear to the sky or a light court with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or

A verandah provided it is open for at least one third of its perimeter, or

A carport provided it has two or more open sides and is open for at least one third of its perimeter.

CompliesAll habitable room windows face an outdoor space of the required dimensions, allowing light into habitable rooms.


55.05-4Private open space objectiveTo provide adequate private open space for the reasonable recreation and service needs of residents.

B28A dwelling or residential building should have private open space of an area and dimensions specified in the schedule to the zone.

If no area or dimensions are specified in the schedule to the zone, a dwelling or residential

building should have private open space consisting of:

An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room, or

A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or

A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room.

CompliesThe proposed development has been provided with the minimum 40 square metres of private open space with 25 square metres of the space secluded with a minimum dimension of 3 metres and is therefore in accordance with the standard.


Clause 55.05-5Solar Access to Open SpaceTo allow solar access into the secluded private open space of new dwellings and residential buildings.

Standard B29The private open space should be located on the north side of the dwelling or residential building, if appropriate.

The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2+0.9h) metres, where ‘h’ is the height of the wall.

Complies with variationThe proposed secluded private open space receives adequate solar access.

Dwelling two does not comply with the setback depth of 4.7m, assuming the walls on the boundary of 12 McKeown and 34 Seaview are 3m in height.

Despite the non-compliance with the standard, it is considered that the outdoor space to the dwelling is sufficient to allow an appropriate level of solar access.

Clause 55.05-6StorageTo provide adequate storage facilities for each dwelling.

Standard B30Each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space.

CompliesThe appropriate storage areas have been provided in accordance with the standard.

Clause 55.06-1Design DetailTo encourage design detail that respects the existing or preferred neighbourhood character.

Standard B31The design of buildings, including:

Façade articulation and detailing, Window and door proportions, Roof form, and Verandahs, eaves and parapets,

should respect the existing or preferred neighbourhood character.

Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character.

CompliesThe proposed development is considered to respect the preferred neighbourhood through the appropriate use and design of façade articulation & detailing, window and door proportions, roof form and verandahs, eaves and parapets.

The single width and recessed garage design is considered to be visually compatible with the development and neighbourhood character.


Clause 55.06-2Front FencesTo encourage front fence design that respects the existing or preferred neighbourhood character.

Standard B32The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties.

A front fence within 3 metres of a street should not exceed:

Streets in a Road Zone, Category 1: 2 metres. Other streets: 1.5 metres.

- N/ANo front fence is proposed.

Clause 55.06-3Common PropertyTo ensure that communal open space, car parking, access areas and site facilities are practical, attractive and easily maintained.

To avoid future management difficulties in areas of common ownership.

B33Development should clearly delineate public, communal and private areas.

Common property, where provided, should be functional and capable of efficient management.

- N/AThere is no common property proposed.

Clause 55.06-4Site ServicesTo ensure that site services can be installed and easily maintained.

To ensure that site facilities are accessible, adequate and attractive.

B34The design and layout of dwellings and residential buildings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically.

Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development.

Bin and recycling enclosures should be located for convenient access by residents.

Mailboxes should be provided and located for convenient access as required by Australia Post.

Complies with conditionThe dwelling layout and design provides for sufficient space and facilities for services to be installed and maintained. Bin and recycling enclosures, mailboxes and other site facilities can be provided adequately and will blend in with the development. The site facilities including mailboxes, bin and recycling enclosures and mailboxes can be provided and located for convenient access.


Clause 56 – SubdivisionThis is an application to subdivide the dwellings such that the dwellings will exist on separate titles. In this case there is no need to assess the application against the provisions of Clause 56 as issues in relation to amenity, both on and off site, have been considered via the Clause 55 assessment, as has neighbourhood character. A condition of permit ties the subdivision and development via a Section 173 Agreement so that an orderly planning outcome is achieved.

Decision Guidelines of Clause 65:

Clause 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 matters set out in Section 60 of the Act. The State Planning Policy Framework and the Local Planning Policy Framework,

including the Municipal Strategic Statement and local planning policies. The purpose of the zone, overlay or other provision. Any matter required to be considered in the zone, overlay or other provision. The orderly planning of the area. The effect on the amenity of the area. The proximity of the land to any public land. Factors likely to cause or contribute to land degradation, salinity or reduce water

quality. Whether the proposed development is designed to maintain or improve the quality

of stormwater within and exiting the site. The extent and character of native vegetation and the likelihood of its destruction. Whether native vegetation is to be or can be protected, planted or allowed to

regenerate. The degree of flood, erosion or fire hazard associated with the location of the land

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

Planner response

The site is located in the General Residential Zone, Schedule 1 and within the Belmont – High Street Increased Housing Diversity Area. The combination of policies applying to the land results in an emphasis on development being supported for an increase in dwelling density and diversity in housing design to address identified need in communities.

Neighbourhood character has been of concern to the objectors of this proposal specifically with regard to the two storey form and boundary to boundary form, and the development of the land with four dwellings. Character is particularly subjective and as such the planning assessment must give weight to the discussion of how a proposal is respectful of the existing character and how the proposed design responds to amenity concerns.

With regards to character, the Victorian Civil and Administration Tribunal (VCAT) have previously commented:


In considering this issue, the first point to be made is that the notion ofdevelopment which is ''respectful'' of neighbourhood character does notimply that such development must be the same as what already exists. Ifpolicy, the purpose of the zone and the objectives of Clause 55 werecalling for the development that is more of the same, then they wouldsay so. Rather the notion of "respectful" development must embrace theneed for change and diversity in the type of dwellings that are providedand an increase in the intensity of development in circumstances wherethis is encouraged by planning policy and the purpose of the zone. lIorayPtv Ltd v Darebin CC and Ors [2003] VCAT 692

As noted in Iloray, 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. Successful response to the objectives of Clause 55 of the scheme will determine if the site is suitable for the type of proposal submitted here.

The application has demonstrated the ability to meet the objectives and standards of Clause 55 and has integrated design details in an effort to respect the neighbourhood character. Use of materials common to the locality (in a modern interpretation), along with hipped roof form, and design detail such as appropriate window forms, non-dominant garaging, and space for landscaping all serve to integrate the proposal with the existing dwelling stock.

The height of the proposed dwellings has been of concern to objectors also. The proposal for double storey design with overall heights in the range of 6.5 to 6.9m is considered to be acceptable in a suburban context with numerous VCAT determinations in residential zones commenting that the dwelling form is “commonplace”.

As commented on earlier in the response to objections, it is acknowledged that the majority of development in the locality allows for side setbacks to boundaries and the proposed boundary to boundary form is not common in this locality. This is generally evident in the locality given the era of development. Modern development forms seek to make efficient use of sites by building to at least one boundary, and this is evident in the more modern dwelling stock at 12 and 14 McKeown Lane, 34 Seaview Parade, and the development under construction at 2 McKeown Lane.

The subject site is located in the Belmont-High Street Increased Housing Diversity Area, to which the policy at Clause 22.63 seeks to accommodate intensification of residential development. The boundary to boundary form facilitates this in a form that is reflective of portions of streetscapes in this locality, that are dominated by on boundary garage form across the width of allotments, or in conjunction with solid fencing.

Boundary to boundary development has been addressed in VCAT determinations previously where Senior Member Hewet commented in Baric v Moreland CC [2015] VCAT 1359 (28 August 2015),

I acknowledge that side by side and boundary to boundary construction is not a feature of development in this neighbourhood. As I have previously discussed however, the character of this area is in transition. Increasingly medium density housing is becoming part of the character of this neighbourhood. In assessing this proposal’s response to neighbourhood character, I am required to be satisfied that the development is respectful of the neighbourhood’s character. I am not required to be satisfied that the proposal replicates a character that exists at a point in time.


As mentioned, the site is located in the Increased Housing Diversity Area, which is a clear marker for expected change in built form, where dwelling design is expected to make more efficient use of sites. Transition will occur in instances where older, less efficient dwelling stock, will be re-developed in accordance with the current planning policy direction.

The proposal is considered to be an acceptable balance of current policy for infill development at an increased density, whilst offering a respectful design response to the character of the locality. The design has sought to soften the boundary to boundary form by incorporating separation and articulation of the facades. This is achieved through graduated setbacks to garaging, portico additions, upper storey recession, side wall articulation and appropriate separation between the upper storey portions of the dwellings.

The development meets the requirements of the State and Local Planning Policy for provision of infill development in locations with access to appropriate existing services and infrastructure. Clause 21.06-3 and Clause 21.14 of the Local Planning Policy Framework are policies in support of the proposal, encouraging increased density and ultimately change in the area.

Clause 22.63 of the Greater Geelong Planning Scheme for Increased Housing Diversity Areas (IHDA) provides support for the implementation of general policy direction seeking to provide for more efficient housing development and decrease reliance on vehicle use as a result of urban sprawl. The policy directs that redevelopment of housing stock should be well designed, site responsive, contemporary medium density housing. It is considered that the proposal represents these characteristics with the design integrating with the slope of the land, providing transition to adjoining dwelling scale via articulation of upper storey portions, and providing a modern interpretation of characteristic materials use in the locality.

The IHDA policy provides design objectives to which proposals should appropriately respond to. With regard to ‘Built Form’, the policy seeks to:

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.

It is considered that the proposal successfully responds to the criteria with the design response integrating into the site, utilising modern materials, and providing appropriate articulation to wall planes. The design seeks to respect the character of the area through integration of hipped roof form and recession of garaging, which are two common forms displayed by dwellings in the nearby heritage areas.

Additional design objective of the IHDA policy that are relevant to the proposal include:


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.

Discourage the fragmentation of sites and underdevelopment of sites. Where more than one car space is provided, encourage the use of a single-width

garage or carport and a tandem parking space on existing or proposed lots with a frontage of less than 10.5m.

Minimise the number of vehicle crossings and where possible, access should be from lower order roads and rear laneways.

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.

The proposal receives support from the above design objectives where two storey development is encouraged, and it is considered that the built form proposed is offering an appropriate scale of development to the site, not an underdevelopment of the site. Car parking has also been designed in a form that is supported by the policy with single garaging and tandem spaces proposed.

The subject site is not located in a heritage overlay area and does not sit adjacent to heritage places. The adjacent dwellings are contemporary dwelling designs with no heritage significance, and as such there is no policy support for requiring the proposal to pay heed to the design objectives of the Kardinia Heritage Area (Heritage Overlay 1906) or the City of Greater Geelong Heritage and Design Guidelines.

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 concerns of objectors are noted. The applicant has undertaken alterations to the proposal in an effort to address the concerns of objectors. The proposal has generally shown compliance with all required objectives and standards of Clause 55 of the Greater Geelong Planning Scheme resulting in a proposal with impacts that are considered reasonable in the context of the planning scheme controls.

Concerns for neighbourhood character and increased housing density are noted however it is considered that there is ample policy support for the proposal in both the State and Local planning policies of the Greater Geelong Planning Scheme.

The location of the development is appropriate for an increased dwelling density given its close vicinity to public transport, recreation facilities, retail and community services. The increase in dwellings at the site will utilise established infrastructure and provide for a diversity of choice in the area without creating an adverse impact upon the streetscape. The dwellings’ design will be an addition to the housing market in the locality where dwellings on low maintenance lots achieve a desirable living option for a diverse section of the community.

As such it is recommended that the application be supported via the issue of a Notice of Decision.

Report prepared by Leanne Stockley


Application No: PP-399-2016

Applicant: Tony Preiato & Assoc

Subject Land: 18 Bridge Road, BARWON HEADS

Owner: R A Pedretti and S K Pedretti and P G Pedretti and R M Pedretti and R R Pedretti

Zone: Residential Growth Zone – Schedule 3

Overlays: Nil

Existing Use: Dwelling

Proposed Use: Construction of Three (3) Double Storey Dwellings and Three (3) Lot Subdivision and Alteration and Creation of Access to a Road Zone

18 BRIDGE ROAD, BARWON HEADS

Indicates Objectors

Subject Site


Summary The subject site is located on the north side of Bridge Road approximately 50m east

of Golf Links Road. The site has a frontage of 16.15m and a depth of 44.2m with an overall area of 713m². The site currently contains a single weatherboard dwelling. devoid of any significant vegetation.

The site is zoned Residential Growth Zone – Schedule 3 and is located in an Increased Housing Diversity Area. The site is not subject to any overlays.

The site is within an area of Cultural Heritage Sensitivity. A Cultural Heritage Management Plan however is not required as the proposal is not listed as a high impact activity.

The application proposes the construction of three double storey dwellings and a three lot subdivision.

Each dwelling contains three bedrooms and is provided with two on site car spaces either in the form of double garages or a single garage with a tandem space.

The dwellings will be constructed from a mix of materials including brick, rendered brick, hardies scyon cladding, corrugate iron and rendered polystyrene cladding. The dwelling design included both flat and pitched roofing.

The maximum height of the dwellings is 7.4m from Natural Ground Level.

The three lot subdivision will contain lots ranging between 169m² and 218m².Lots 2 and 3 will be accessed via a common property driveway designed for proposed dwellings.

The application was advertised by way of 1 sign on site and letters to all adjoining owners and occupiers including opposite the site.

As a result of public notification a total of 6 objections were received.

The objections raised include, overdevelopment, loss of privacy, overlooking, overshadowing, increase in traffic and increased demand for on street car parking.

A consultation meeting was held between the applicant and objectors where the issues raised within the objections were discussed.

After the consultation meeting was held amended plans were submitted. The changes were in relation to the amendments requested by Barwon Water and were not in direct relation to the objections. These plans were circulated to all objectors.

The application has been assessed against the purpose of the Residential Growth Zone, Clause 52.06 (Car Parking) and Clause 55 (More than one dwelling on a lot) and is found to comply with the relevant State and Local Planning Policies.

It is therefore recommended that the application be supported subject to the conditions contained within the report 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 Construction of Three (3) Double Storey Dwellings and Three (3) Lot Subdivision and Alteration and Creation of Access to a Road Zone at 18 Bridge Road, BARWON HEADS in accordance with the plans submitted with the application and subject to the following conditions:

Endorsed Plans1. The development as shown on the endorsed plans must not be altered

without the written consent of the Responsible Authority.

Prior to Commencement of the Development 2. Prior to the commencement of development, three (3) copies of a landscape

plan prepared by a suitably qualified or experienced person, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. The plan(s) must be drawn to scale and show:a) A survey (including botanical names) of all existing vegetation to be

retained and/ or removed;b) Details of surface finishes of pathways and driveways;c) A planting schedule of all proposed trees, shrubs and ground covers

including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant;

d) Landscaping and planting within all open areas of the site;When approved, the plan will be endorsed and form part of the permit, all to the satisfaction of the Responsible Authority.

Drainage3. The site stormwater system must be designed and installed such that 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 to the satisfaction of the Responsible Authority.

Prior to the Occupation of the Dwellings4. Unless otherwise approved in writing by the Responsible Authority, prior to

the occupation of the dwellings, the developer must:a) Construct the site stormwater system including connections for each

dwelling into the underground drain in Bridge Road, 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 in accordance with the requirements and standards of the City of Greater Geelong;

c) Remove any redundant vehicular crossings, reinstate kerb and channel and the footpath/nature strip area to match existing construction in the street;

d) Construct and drain the common driveway;e) Clean and finish all external walls on or facing property boundaries;


f) Complete the landscaping works in accordance with the endorsed plans;

g) Complete all buildings and works in accordance with the endorsed plans.

All to the satisfaction of the Responsible Authority.

SUBDIVISION

Endorsed Plan5. The layout and site dimensions of the proposed subdivision as shown on

the endorsed plan(s) shall 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.

6. The owner of the land must enter into agreements 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 (NBN) will not be provided by optical fibre.

Prior to Certification7. 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.

Prior to the issue of Statement of Compliance8. Prior to the issue of Statement of Compliance, the developer must:

a) Construct the site stormwater system including connections for each lot into the underground drain in Bridge Road, 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 in accordance with the requirements and standards of the City of Greater Geelong.

c) Remove any redundant vehicular crossings, reinstate kerb and channel and the footpath/nature strip area to match existing construction in the street;

d) Remove any buildings/services that traverse the lot boundaries.All to the satisfaction of the Responsible Authority.


9. Unless otherwise approved in writing by the Responsible Authority, prior to the issue of the Statement of Compliance:a) The development approved by Planning Permit 399/2016 must be

substantially completed (e.g. lockup stage as a minimum) in accordance with the endorsed plans forming part of that Planning Permit (or any amendment to that permit) to the satisfaction of the Responsible Authority. Evidence must be submitted which demonstrates that the development is substantially completed to the satisfaction of the Responsible Authority;

orb) The owner of the land must enter into an agreement with the

Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 which provides for all development to be in accordance with the endorsed plans forming part of the Planning Permit 674/2013 (or any amendment to that permit) or any subsequent Planning Permit.

The owner must pay the costs of preparation, review, execution and registration of the agreement and the agreement must be registered on the newly created title/s. The Section 173 Agreement may be ended by the Responsible Authority at the written request of the owner and at no cost to Council.

10. 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 item; and,

b) a suitably qualified person that fibre ready telecommunications 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.

11. The owner of the subject land must pay to the Council a sum equivalent to two (2) 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. The contribution will be payable prior to the issue of a Statement of Compliance.

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 between 2.8 and 3.0 meters and located on the northern boundary of Lot 3


13. The certified plan must create implied easements under Section 12 (2) of the Subdivision Act, over all proposed existing water and sewerage works within the subdivision.

14. 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.

15. The creation of an Owners Corporation to encumber all lots within the subdivision.

Water

16. 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(s), is to be submitted. Note that tappings and services are not to be located under existing or proposed driveways.

17. 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.

18. An additional tapping is to be supplied to service the proposed development. Note that tappings and services are not to be located under existing or proposed driveways.

19. 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

20. 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).

21. 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).

22. The provision of a separate sewer connection branch to all lots within the subdivision. A list of certified/licensed plumbers can be provided upon request.


23. 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.

Powercor Conditions

24. 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.

25. 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.

26. 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.

27. 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.

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

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

30. Minimum clearance from exiting power pole to crossover is 1.0m. This must be maintained for statement of compliance to be consented to for the subdivision.

Downer Conditions

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


VicRoads Conditions

32. Prior to the issuing of Statement of Compliance the crossover and driveway are to be constructed to the satisfaction of the Roads Corporation and the Responsible Authority and at no cost to the Roads Corporation.

EXPIRY

Development33. 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; ora) Within six (6) months after the permit expires where the use or

development has not yet started; orb) Within twelve (12) months after the permit expires, where the

development allowed by the permit has lawfully commenced before the permit expiry.

Subdivision 34. 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 period referred to under part a) if a request is made in writing before the permit expires or within six (6) months afterwards.

Notes: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.

4. 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 L013048.


ReportThe Site & Locality

The subject site is located on the north side of Bridge Road approximately 50m east of Golf Links Road. The site has a frontage of 16.15m and a depth of 44.2m with an overall area of 713m². The site currently contains a single weatherboard dwelling.

The adjoining lots have similar dimensions to the subject site and predominately contain single dwellings. Dwellings are constructed from a mix of weatherboard and brick with both tiled and corrugated iron roofing. The adjoining dwellings are generally single storey in scale.

There are some examples of further subdivision within the immediate area. These are predominately two lot subdivisions and are located on corner allotments. There is a three dwelling development to the north within Reid Street which has a similar layout to the subject application with all lots accessed via a common property driveway.

The site is within close proximity to a primary school located on Golf Links Road. It is also within walking distance, approx 300m, to the main street of Barwon Heads and is within 500m of the Barwon River and public recreation. Public transport routes are located along Bridge Road.

Bridge Road is a Road Zone Category 1 and the subject site and surrounds are within a Residential Growth Zone – Schedule 3. The site is not covered by any overlays, however is partially within an area of Cultural Heritage Sensitivity.

Proposal

The application proposes the construction of three dwellings and a three lot subdivision.

The existing dwelling on site will be demolished to allow for the construction of the three new dwellings. Each dwelling will have differing internal floor plans however all will contain three bedrooms.


At ground floor each dwelling will contain a study, laundry, toilet and open plan kitchen, living and meals area. All dwellings will have direct access from the living areas to north facing private open space.

At first floor each dwelling will contain a retreat, bathroom, toilet and three bedrooms including a master bedroom with walk in robe and en-suite.

The dwellings will be constructed from a mix of materials including brick, rendered brick, hardies scyon cladding, corrugate iron and rendered polystyrene cladding. The dwelling design included both flat and pitched roofing.

Dwelling 1 will be provided with a single attached garage and private access to Bridge Road with a tandem car space located within the driveway. Dwelling 2 and 3 will be provided with double garages and will be accessed via the common property.

The proposed subdivision will create three lots with a common property driveway servicing lots 2 and 3. Each lot will contain a proposed dwelling and garaging.

Lot 1 will front Bridge Road and will have an overall area of 218m². Lot 2 will be located in the middle of the site and will have an overall area of 168m² and lot 3 will be located at the rear of the site and will have an overall area of 169m². The common property will be located along the eastern boundary of the site and will have an overall area of 155.9m²


Greater Geelong Planning Scheme

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

A building used as a self-contained residence which must include: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.

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.

Restrictive CovenantThe site is not burdened by a restrictive covenant.

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.

Part 2 - Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt activities which do not require a Cultural Heritage Management Plan. The proposal is listed as an exempt activity.


Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the Aboriginal Heritage Regulations 2007. Part 2 - Division 3 identifies the site or part of the site as within an area of cultural heritage sensitivity.

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 as a high impact activity.

The site is not considered to have been the subject of significant ground disturbance which is defined as ‘disturbance of (a) the topsoil or surface rock layer of the ground or (b) a way - by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping.

In accordance with the above assessment, 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.

Car ParkingThe car parking requirements of this application are considered under Clause 52.06 of the Greater Geelong Planning Scheme.

A dwelling with three or more bedrooms is required to provide two car parking spaces. The proposed dwellings have each been provided with two car parking spaces per dwelling in the form of a double attached garage. The proposal is compliant with Clause 52.06.

Bicycle SpacesBicycle parking space requirements are considered under Clause 52.34 of the Greater Geelong Planning Scheme.

No bicycle spaces are required to be provided for the construction of a dwelling in accordance with Clause 52.34.

State Planning Policy Framework

Summary of relevant state policies

10.04 - Integrated Decision Making

Society has various needs and expectations such as land for settlement, protection of the environment, economic well-being, various social needs, proper management of resources and infrastructure. Planning aims to meet these by addressing aspects of economic, environmental and social well-being affected by land use and development.

Planning authorities and responsible authorities should endeavour to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit and sustainable development for the benefit of present and future generations.


Consistent with the objectives of local government under the Local Government Act 1989, municipal planning authorities are required to identify the potential for regional impacts in their decision-making and co-ordinate strategic planning with their neighbours and other public bodies to achieve sustainable development and effective and efficient use of resources.

11.05-5 - Coastal Settlement

Objective

To plan for sustainable coastal development.

Strategies

Support a network of diverse coastal settlements which provides for a broad range of housing types, economic opportunities and services.

Encourage urban renewal and redevelopment opportunities within existing settlements to reduce the demand for urban sprawl.

Identify a clear settlement boundary around coastal settlements to ensure that growth in coastal areas is planned and coastal values protected. Where no settlement boundary is identified, the extent of a settlement is defined by the extent of existing urban zoned land and any land identified on a plan in the planning scheme for future urban settlement.

Direct residential and other urban development and infrastructure within defined settlement boundaries of existing settlements that are capable of accommodating growth.

Avoid linear urban sprawl along the coastal edge and ribbon development within rural landscapes and protect areas between settlements for non-urban use.

Avoid development on ridgelines, primary coastal dune systems and low lying coastalareas.

Encourage opportunities to restructure old and inappropriate subdivisions to reducedevelopment impacts on the environment.

Ensure a sustainable water supply, stormwater and sewerage treatment for all development.

Minimise the quantity and enhance the quality of storm water discharge from newdevelopment into the ocean, bays and estuaries.

11.07-1 – Planning for Growth

Objective

To optimise infrastructure and consolidate growth.

Strategies

Maximise capacity and leverage off existing infrastructure and services, particularly near central retail and transport nodes.


Support the role of Geelong as the regional city and Victoria’s second city.

Support the growth of Bannockburn, Colac, Drysdale/Clifton Springs, Lara, Leopold, Ocean Grove and Torquay/Jan Juc as district towns by building on existing and planned infrastructure and focussing growth along key road and rail networks.

Plan for Colac and Winchelsea as new targeted growth nodes.

Support the proposed national transport and logistics precinct and recognise greaterconnection to the Werribee growth corridor and Melbourne.

Provide for long term growth options that build on existing infrastructure, including two further investigation areas north and west of Geelong.

14.03-2 - Stone Resources

Objective

To identify and protect stone resources accessible to major markets and to provide a consistent planning approval process for extraction in accordance with acceptable environmental standards.

Strategies

Provide for the long term protection of stone resources in Victoria.

Planning schemes must:

Allow the use and development of land for search for stone without planning approval, except for costeaning and bulk sampling activities.

Not prohibit extractive industry in non-urban zones, except if it is prohibited by an Act of Parliament.

Provide buffer areas between existing extractive industries and sensitive land uses, determined on the following principles:

The buffer areas are determined so that appropriate limits on effects can be met at the sensitive locations using practical and readily available technology.

The required buffers are taken into consideration if a change of land use in the vicinity of the extractive industry is proposed.

Land within the buffer areas may be used for purposes that are not adversely affected by the extractive industry


Provide buffer areas between new extractive industries and sensitive land uses, determined on the following principles:

Clearly defined buffer areas appropriate to the nature of the proposed extractive uses, which are to be owned or controlled by the proponent of an extractive industry, are specified in an application for permit.

Performance standards for the buffer area are set in accordance with requirements of the Mineral Resources (Sustainable Development)(Extractive Industries) Regulations 2010 or a work authority or a permit and have regard to the zoning of the land surrounding the extractive industry.

Activities within land zoned for public use may be taken into consideration in determining the buffer areas.

15.01-3 - Neighbourhood and Subdivision Design

Objective

To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods.

Strategy

In the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to create liveable and sustainable communities by:

Contributing to an urban structure where networks of neighbourhoods are clustered to support larger activity centres on the regional public transport network.

Creating compact neighbourhoods that have walkable distances between activities and where neighbourhood centres provide access to services and facilities to meet day to day needs.

Creating a range of open spaces to meet a variety of needs with links to open space networks and regional parks where possible.

Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people.

Contributing to reducing car dependence by allowing for:

o Convenient and safe public transport.

o Safe and attractive spaces and networks for walking and cycling.

o Subdivision layouts that allow easy movement within and between neighbourhoods.

o A convenient and safe road network.

Creating a strong sense of place because neighbourhood development emphasises existing cultural heritage values, well designed and attractive built form, and landscape character.

Protecting and enhancing native habitat.

Environmentally friendly development that includes improved energy efficiency, water conservation, local management of stormwater and waste water treatment, less waste and reduced air pollution.

Being accessible to people with disabilities.


Developing activity centres that integrate housing, employment, shopping, recreation and community services, to provide a mix and level of activity that attracts people, creates a safe environment, stimulates interaction and provides a lively community focus.

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.

15.02-1 - Energy and Resource Efficiency

Objective

To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

Strategies

Ensure that buildings and subdivision design improves efficiency in energy use.

Promote consolidation of urban development and integration of land use and transport.

Improve efficiency in energy use through greater use of renewable energy.

Support low energy forms of transport such as walking and cycling.

16.01- 2 - Location of Residential Development

Objective

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


Strategies

Increase the proportion of housing in Metropolitan Melbourne to be developed within the established urban area, particularly at activity centres, employment corridors and at other strategic sites, and reduce the share of new dwellings in greenfield and dispersed development areas.

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.

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

Objective

To 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:

Respects the neighbourhood character.

Improves housing choice.

Makes better use of existing infrastructure.

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

Objective

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


Strategies

Improve 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.

Encouraging a significant proportion of new development, including development at activity centres and strategic redevelopment sites to be affordable for households on low to moderate incomes.

Increase the supply of well-located affordable housing by:

Facilitating a mix of private, affordable and social housing in activity centres, strategic redevelopment sites.

Ensuring the redevelopment and renewal of public housing stock better meets community needs.

Local Planning Policy FrameworkMunicipal Strategic Statement

21.06-3 - Urban consolidation

The objective of Clause 21.06-3 of the Municipal Strategic Statement is to:

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 Accommodating medium and high density housing in Key Development Areas

(as defined by the maps included in this clause).o 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.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.

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.


21.14-2 - The Bellarine Peninsula

The objective of Clause 21.14-2 of the Municipal Strategic Statement is to:

protect and enhance the rural and coastal environment on the Bellarine Peninsula and maintain non-urban breaks between settlements.

facilitate the development of Ocean Grove, Drysdale/Clifton Springs and Leopold as hubs of development and service provision on the Bellarine Peninsula. In all other townships on the Bellarine Peninsula provide retail, commercial and community uses and facilities that serve the daily needs of the community and encourages street based activity.

provide for sustainable industrial, commercial, retail, agricultural and tourism development in designated locations, to service the wider Bellarine community.

preserve the individual character, identity and role of each Bellarine township.

Strategies

Ensure that development responds to the identity and character of the individual township in which it is located.

Protect rural and coastal environments from inappropriate urban encroachment. Ensure land use and development proceeds generally in accordance with the

relevant Structure Plan maps included in this Clause. Ensure that development outside of settlement boundaries (as shown in the

Structure Plan maps included in this clause) does not compromise the rural, environmental and landscape values of the non-urban breaks or longer term growth opportunities.

Direct the bulk of residential growth and retail development to Ocean Grove, Drysdale/Clifton Springs and Leopold consistent with the relevant Structure Plan maps included in this clause.

Direct bulky goods retailing and industrial development to existing and future areas as identified in Structure Plan maps included in this clause.

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 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.


Local Planning Policy

22.63 – Increased Housing Diversity Areas

The objective of Clause 22.63 of the Local Planning Policy Framework is to:

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

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

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

residents.

Referrals

Engineering

No objections to the proposal subject to conditions relation to drainage and access construction being included on any planning permit issued.

Response:

Noted, recommended conditions will be included on any planning permit issued.

Servicing Authorities

The application was referred to the relevant servicing authorities who had no objection to the proposal subject to conditions

Response:


VicRoads

The application was referred to VicRoads due to the creation of access to a Road Zone. VicRoads raised no objection to the proposal subject to conditions.

Response:


AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION:

The applicant made a request to amend the application pursuant to Section 50 of the Planning and Environment Act 1987 on 21st April 2016. Council accepted the amendment. The amendment made the following changes to the application: Amend the rear setback and include creation of access to a road zone.


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) A3 sign(s) were placed on the land

6 Objections have been received in relation to the application.

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 13th July 2016 Council has accepted the amendment. The amendment made the following changes to the application: Increased rear setback of dwelling 3 Increased driveway area of dwelling 1.

These are the plans currently under assessment.

These plans were circulated to all objectors. It was not considered necessary to re-advertise the application as the changes made were minor.

ObjectionInvasion of privacy, overlooking from first floor to adjoining properties

Comment

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

The design has ensured overlooking to adjoining properties is minimised through obscure glazing and window placement.

Windows on the east elevation have sill heights of 1.7m or are located at a distance from the boundary to ensure that boundary fencing obscures vision to adjoining habitable room windows.

Windows on the west elevation are for an en-suite, a landing and bedroom. The en-suite and landing windows overlook the roof of the adjoining dwelling and therefore do not present any overlooking of habitable room windows or private open space.

The bedroom window has a setback of approximately 7.2m. The boundary fence has a height of 2m and therefore overlooking is obscured and meets the standard outlined above.

All north facing windows of dwelling 3 have obscured glazing to a height of 1.7m to prevent overlooking to the adjoining properties.


It is therefore considered that the development, through design details such as obscure glazing to 1.7m, sill heights of 1.7m and window location, has insured that all windows meet the overlooking standard.

ObjectionIncrease in traffic and on street car parking.

Comment

The application proposes two additional dwelling to what is existing on site. Each dwelling will have three bedrooms and are provided with two car spaces. This meets the standard in relation to the provision of car spaces.

Whilst it is acknowledged that the increase in density will result in additional traffic to the area, it is not considered that the increase will result in any adverse amenity impacts.

The site is located along a Road Zone Category 1 which is capable of absorbing an increase in traffic created by two additional dwellings.

The proposal will result in the loss of one on street car space given the creation of an additional crossover. It is acknowledged that particularly during summer months that this area of Bridge Road is used for on street car parking for those accessing the main street. During school times this is also a busy area with school pick ups and drop offs. However it is not considered that the addition of two dwellings will greatly exacerbate this, particularly as the on site car parking requirement has been met.

ObjectionDensity of development is not in keeping with the character of the area.

Comment

The subject site is located within an Increased Housing Diversity Area as well as the Residential Growth Zone. Therefore this type of dwelling density is encouraged. Whilst the surrounding area consists of predominately single dwellings per lot, a three dwelling development is not considered to be out of character within an established residential area.

It is also expected that the character of areas within the Residential Growth Zone will change over time.

It is therefore considered that the proposed development is appropriate for the area.

ObjectionNot sustainable water due to the number of toilets.

Comment

The above is not a consideration of planning approval. It is considered however that water saving measures can easily be undertaken by the developer to address this.


ObjectionAmenity impacts to 20 Bridge Road due to the loss of morning sun.

Comment

It is acknowledged that at present the dwelling at 20 Bridge Road currently enjoys uninterrupted morning sun and that the development will result in the loss of this.

Clause 55.04-5 relates to Overshadowing of private open space. Standard B21 states:

Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September.

Shadow diagrams submitted with the application for the 22 September show that the dwelling to the west (20 Bridge Road) is partially overshadowed.

However by 12pm the lot is no longer in shadow by the development.


The development therefore meets the standards in relation to overshadowing as at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space of all adjoining properties receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September.

ObjectionSafety impacts due to increase in crossovers to access site.

Comment

One additional crossover is provided for the site. The accessway providing access to dwellings 2 and 3 allow for vehicles to enter and exit in a forward motion. Therefore vision to and from the street is provided at all times and will not result in any unreasonable safety impacts.

The access to dwelling 1 requires vehicles to reverse from the site. The application was referred to VicRoads who raised no issues with this.

It is therefore considered that the proposed crossovers are appropriate and will not result in any adverse impacts on safety.

ObjectionHeight of proposed development

Comment

The maximum height of the development is 7.4m. This is consistent with double storey residential development. It also falls below the maximum height of 10.5m allowed under the zone.


Zone

The site is located within the Residential Growth Zone, the purpose of which is: To implement the State Planning Policy Framework and the Local Planning

Policy Framework, 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

The application proposes three dwellings on a lot that has good access to services, transport and an activity centre. The site is within 300m of the main street of Barwon Heads and is located along a public transport route. The development therefore provides for an increase in housing diversity in an appropriate location as identified in the purpose to the zone.

The site is located on the outer areas of the residential growth zone and is considered to provide for a transition in scale with only an additional two dwellings proposed and at a height of one storey more than the predominant single storey scale.

Schedule 3 to the Residential Growth Zone varies the following ResCode Standards:

Standard B6 – Street Setback the average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 5.5 metres, whichever is the lesser

Standard B8 - Maximum site coverage 70%Standard B28 - A dwelling or residential building should have private open space consisting of:

An area of 20 square metres of secluded private open space at the side or rear of the dwelling or residential building with a minimum dimension of 3 metres and convenient access from a living room; or

A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room; or


As discussed in the ResCode Assessment below the application meets all the above ResCode requirements as well as those not listed.

The maximum height of the dwellings is 7.4m This is less than the 10.5m allowed under the zone.

State and Local Planning Policy Framework

The proposal has been considered against relevant State and Local Planning Policy Framework as listed in this report, and is considered to satisfactorily respond to each of these policies.


The proposed development will provide for an increase in dwelling type and diversity in an established residential area with good access to services.

The development is considered to be consistent with the character of the area and will not have any adverse amenity impacts on adjoining properties. It will increase housing choice and provide more affordable housing to suit the needs of a range of households. Even though the character of the area is expected to change over time it is considered that the development is respectful of the existing neighbourhood character in that it uses similar construction materials and is not excessive in height. The development also has an energy efficient design, with habitable rooms and private open space orientated to receive good solar access. The area is serviced by all utilities and required infrastructure, and will not create an overload to any of these services.

It is considered that the development complements the character of Barwon Heads and provides for a variety of housing style and type.

The proposed density, scale and mass of the development is considered to be appropriate for the location on the outer edges of the Increased Housing Diversity Area. The development also provides for a diversity of housing type to cater for a variety of lifestyle needs. The site is close to services and transport and therefore promotes walking trips within the Increased Housing Diversity Area. It is also considered that the development provides for a high level of on site amenity for future residents with north facing secluded open space and living areas.

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.

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

Pursuant to the above table a public open space contribution of two (2) percent is required to be made. A condition is recommended for this requirement to be undertaken prior to Statement of Compliance


52.06 – Car Parking

Clause 52.06 requires car parking for a dwelling to be provided as follows:

One space for each one or two bedroom dwelling. Two spaces for each three or more bedroom dwelling.

Each dwelling contains three or more bedrooms and two car parking spaces have been provided to each dwelling, in compliance with this provision of the Greater Geelong Planning Scheme.


Clause 55 - ResCode Assessment – Two or More Dwellings on a Lot

The development is required to be assessed against Clause 55 as set out below:

55.02-1Neighbourhood character objectivesTo ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character.

To ensure that the design responds to the features of the site and the surrounding area.

Standard B1The design response must be appropriate to the neighbourhood and the site.

The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site..

CompliesIt is considered that the character of the area will change over time due to the location of the site within an Increased Housing Diversity Area. However the development has drawn upon design detail of adjoining dwellings through using similar materials and by not having an excessive overall height. Whilst the adjoining development is predominately single storey and the proposal is double storey, this is not considered to have an adverse impact on the character of the area.

55.02-2Residential policy objectivesTo ensure that residential development is provided in accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

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

Standard B2An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

CompliesAs set out above, the application complies with the planning policy framework. The required written statement has been provided.


55.02-3Dwelling diversity objectiveTo encourage a range of dwelling sizes and types in developments of ten or more dwellings.

Standard B3Developments of ten or more dwellings should provide a range of dwelling sizes and types, including:

Dwellings with a different number of bedrooms.

At least one dwelling that contains a kitchen, bath or shower, and a toilet and wash basin at ground floor level.

N/ALess than ten dwellings are proposed.

55.02-4Infrastructure objectivesTo ensure development is provided with appropriate utility services and infrastructure.

To ensure development does not unreasonably overload the capacity of utility services and infrastructure.

Standard B4Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, if available.

Development should not unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads.

In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure.

CompliesThe site is serviced by the required infrastructure and the application has been referred to Council’s Engineers who have not raised any concern about the ability of the site to be drained. Recommended conditions of permit cover off on this issue.


55.02-5Integration with the street objectivesTo integrate the layout of development with the street.

Standard B5Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility.

Development should be oriented to front existing and proposed streets.

High fencing in front of dwellings should be avoided if practicable.

Development next to existing public open space should be laid out to complement the open space.

CompliesThe development is designed to address Bridge Road, with pedestrian and vehicle links to the street provided. There is no high front fencing proposed for this development.

55.03-1Street setback objectiveTo ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

Standard B6Walls of buildings should be set back from streets the distance specified in Table B1.

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

CompliesSchedule 3 to the Residential Growth Zone states that street setbacks should be the average of the setbacks of adjoining dwellings or 5.5m which ever is the lesser.

The application proposes a street setback of 5.5m which is in accordance with the variation descried in schedule 3 to the Residential Growth Zone.


55.03-2Building height objectivesTo ensure that the height of buildings respects the existing or preferred neighbourhood character.

Standard B7The maximum building height should not exceed the maximum height specified in the zone, schedule to the zone or an overlay that applies to the land.

If no maximum height is specified in the zone, schedule to the zone or an overlay, the maximum building height should not exceed 9 metres, unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres.

Changes of building height between existing buildings and new buildings should be graduated.

CompliesThe dwellings are respectful of the character of the area.

The dwellings are double storey in scale, the design solution includes single storey elements in response to the scale of the surrounding area. The maximum height is 7.4m which is well under the 10.5m height limit allowed under schedule 3 to the Residential Growth Zone.

55.03-3Site coverage objectiveTo encourage development that respects the landscape character of the neighbourhood.

To encourage the retention of significant trees on the site.

Standard B8The site area covered by buildings should not exceed 60 per cent.

CompliesThe site coverage of buildings is 52 percent of the site, which is less than the 70% allowed by the standard varied under schedule 3 to the Residential Growth Zone.


55.03-4Permeability objectivesTo reduce the impact of increased stormwater run-off on the drainage system.

To facilitate on-site stormwater infiltration.

Standard B9At least 20 per cent of the site should not be covered by impervious surfaces.

CompliesThe site retains per 22 cent permeability, assisting in on site stormwater filtration.

55.03-5Energy efficiency objectivesTo achieve and protect energy efficient dwellings and residential buildings.

To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

Standard B10Buildings should be:

Oriented to make appropriate use of solar energy. Sited and designed to ensure that the energy

efficiency of existing dwellings on adjoining lots is not unreasonably reduced.

Living areas and private open space should be located on the north side of the development, if practicable.

Developments should be designed so that solar access to north-facing windows is maximised.

CompliesThe dwellings are designed to take advantage of solar energy and living rooms and areas of secluded private open space located to receive northern light.

55.03-6Open space objectiveTo integrate the layout of development with any public and communal open space provided in or adjacent to the development.

Standard B11If any public or communal open space is provided on site, it should:

Be substantially fronted by dwellings, where appropriate.

Provide outlook for as many dwellings as practicable.

Be designed to protect any natural features on the site.

Be accessible and useable.

N/AThere is no communal open space requiring consideration.


55.03-7Safety objectiveTo ensure the layout of development provides for the safety and security of residents and property.

Standard B12Entrances to dwellings and residential buildings should not be obscured or isolated from the street and internal accessways.

Planting which creates unsafe spaces along streets and accessways should be avoided.

Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal accessways.

Private spaces within developments should be protected from inappropriate use as public thoroughfares.

CompliesThe development is designed to provide for the safety and security of residents and property. All dwelling entrances are clearly visible from the street or internal accessway and private spaces within the development will be fenced.

55.03-8Landscaping objectivesTo encourage development that respects the landscape character of the neighbourhood.

To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.

To provide appropriate landscaping.

To encourage the retention of mature vegetation on the site.

Standard B13The landscape layout and design should:

Protect any predominant landscape features of the neighbourhood.

Take into account the soil type and drainage patterns of the site.

Allow for intended vegetation growth and structural protection of buildings.

In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals.

Provide a safe, attractive and functional environment for residents.

Development should provide for the retention or planting of trees, where these are part of the character of the neighbourhood.

Development should provide for the replacement of any significant trees that have been removed in the 12 months prior

CompliesThere are adequate areas available on site to allow for planting which will complement the landscape character of the area.

A recommended condition of permit requires the submission of a detailed landscape plan.


to the application being made.

The landscape design should specify landscape themes, vegetation (location and species), paving and lighting.


55.03-9Access objectiveTo ensure the number and design of vehicle crossovers respects the neighbourhood character.

Standard B14The width of accessways or car spaces should not exceed:

33 per cent of the street frontage, or if the width of the street frontage is less than 20 metres, 40

per cent of the street frontage.No more than one single-width crossover should be provided for each dwelling fronting a street.

The location of crossovers should maximise the retention of on-street car parking spaces.

The number of access points to a road in a Road Zone should be minimised.

Developments must provide for access for service, emergency and delivery vehicles.

CompliesThe total width of the proposed crossovers is 8m. The subject site has a frontage of approximately. Therefore no more than 43% of the street frontage is taken up by accessways.

There are three dwellings proposed within only two crossovers providing access to the site.

55.03-10Parking location objectiveTo provide convenient parking for resident and visitor vehicles.

To protect residents from vehicular noise within developments.

Standard B15Car parking facilities should:

Be reasonably close and convenient to dwellings and residential buildings.

Be secure. Be well ventilated if enclosed.Large parking areas should be broken up with trees, buildings or different surface treatments.

Shared accessways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway.

CompliesConvenient parking is provided for residents. Each dwelling is provided with private access.

55.04-1


Side and rear setbacks objectiveTo ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B17A new building not on or within 200mm of a boundary should be set back from side or rear

boundaries:

At least the distance specified in a schedule to the zone, or If no distance is specified in a schedule to the zone, 1

metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.

Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard.

Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard.

CompliesThe required setbacks have been achieved for the development and all side and rear setbacks comply with the formula contained in the standard.


55.04-2Walls on boundaries objectiveTo ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B18A new wall constructed on or within 200mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary:

For a length of more than the distance specified in a schedule to the zone; or

If no distance is specified in a schedule to the zone, for a length of more than:

o 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or

o Where there are existing or simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports,

whichever is the greater.

A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary.

A building on a boundary includes a building set back up to 200mm from a boundary.

The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall.

CompliesThe requirements of the standard have been achieved.

The maximum wall length on the western boundary is 17.36 metres and it has a maximum height of 3.2 metres

The maximum wall length on the eastern boundary is 6.47 metres and it has a maximum height of 3.2 metres.


55.04-3Daylight to windows objectiveTo allow adequate daylight into existing habitable room windows.

Standard B19Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot.

Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window.

Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window.

CompliesThe required light courts have been achieved and all windows have access to the required level of daylight.

55.04-4North facing windows objectiveTo allow adequate solar access to existing north-facing habitable room windows.

Standard B20If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east.

N/AThere are no north facing windows on abutting allotments which require consideration due to the north facing windows not being within 3m of the boundary.


55.04-5Overshadowing open space objectiveTo ensure buildings do not significantly overshadow existing secluded private open space.

Standard B21Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September.

If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced.

CompliesThe level of overshadowing associated with the development is within the requirements of the standard.


55.04-6Overlooking objectiveTo limit views into existing secluded private open space and habitable room windows.

Standard B22A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level.

A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either:

Offset a minimum of 1.5 metres from the edge of one window to the edge of the other.

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

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

and be no more than 25 per cent transparent.Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard.

Screens used to obscure a view should be:

Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent panels.

Permanent, fixed and durable. Designed and coloured to blend in with the development.This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary.

CompliesThe development is designed to meet the requirements of the standard and therefore views into existing secluded private open space areas and habitable room windows have been limited.


55.04-7Internal views objectiveTo limit views into the secluded private open space and habitable room windows of dwellings and residential buildings within a development.

Standard B23Windows and balconies should be designed to prevent overlooking of more than 50 per cent of the secluded private open space of a lower-level dwelling or residential building directly below and within the same development.

CompliesInternal views have been considered in the design solution and there is no internal overlooking.

55.04-8Noise impacts objectiveTo contain noise sources in developments that may affect existing dwellings.

To protect residents from external noise.

Standard B24Noise sources, such as mechanical plant, should not be located near bedrooms of immediately adjacent existing dwellings.

Noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjacent properties.

Dwellings and residential buildings close to busy roads, railway lines or industry should be designed to limit noise levels in habitable rooms.

N/AThere are no external noise sources which require consideration.

55.05-1Accessibility objectiveTo encourage the consideration of the needs of people with limited mobility in the design of developments.

Standard B25The dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility.

CompliesThe entries to the ground floor of the dwellings are accessible to those with limited mobility.


55.05-2Dwelling entry objectiveTo provide each dwelling or residential building with its own sense of identity.

Standard B26Entries to dwellings and residential buildings should:

Be visible and easily identifiable from streets and other public areas.

Provide shelter, a sense of personal address and a transitional space around the entry.

CompliesAll dwelling entries are clearly visible and identifiable from the street providing for a sense of identity for each dwelling. A transitional space is provided at each dwelling entry.

55.05-3Daylight to new windows objectiveTo allow adequate daylight into new habitable room windows.

Standard B27A window in a habitable room should be located to face:

An outdoor space clear to the sky or a light court with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or

A verandah provided it is open for at least one third of its perimeter, or

A carport provided it has two or more open sides and is open for at least one third of its perimeter.

CompliesAll habitable room windows face an outdoor space of the required dimensions, allowing light into habitable rooms.


55.05-4Private open space objectiveTo provide adequate private open space for the reasonable recreation and service needs of residents.

B28A dwelling or residential building should have private open space of an area and dimensions specified in the schedule to the zone.

If no area or dimensions are specified in the schedule to the zone, a dwelling or residential

building should have private open space consisting of:

An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room, or

A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or


CompliesThe proposed development has provided the minimum 20 square metres of secluded private open space with a minimum dimension of 3 metres for each dwelling and is therefore in accordance with the standard.

Clause 55.05-5Solar Access to Open SpaceTo allow solar access into the secluded private open space of new dwellings and residential buildings.

Standard B29The private open space should be located on the north side of the dwelling or residential building, if appropriate.

The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2+0.9h) metres, where ‘h’ is the height of the wall.

CompliesThe proposed secluded private open space receives adequate solar access and complies with the setback requirement of the standard.

.


Clause 55.05-6StorageTo provide adequate storage facilities for each dwelling.

Standard B30Each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space.

CompliesThe appropriate storage areas have been provided in accordance with the standard.

Clause 55.06-1Design DetailTo encourage design detail that respects the existing or preferred neighbourhood character.

Standard B31The design of buildings, including:

Façade articulation and detailing, Window and door proportions, Roof form, and Verandahs, eaves and parapets,

should respect the existing or preferred neighbourhood character.

Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character.

CompliesThe proposed development is considered to respect the preferred neighbourhood through the appropriate use and design of façade articulation & detailing, window and door proportions, roof form and verandahs, eaves and parapets.

The garage is considered to be visually compatible with the development and neighbourhood character.

Clause 55.06-2Front FencesTo encourage front fence design that respects the existing or preferred neighbourhood character.

Standard B32The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties.

A front fence within 3 metres of a street should not exceed:

Streets in a Road Zone, Category 1: 2 metres. Other streets: 1.5 metres.

N/ANo front fence is proposed.


Clause 55.06-3Common PropertyTo ensure that communal open space, car parking, access areas and site facilities are practical, attractive and easily maintained.

To avoid future management difficulties in areas of common ownership.

B33Development should clearly delineate public, communal and private areas.

Common property, where provided, should be functional and capable of efficient management.

CompliesThe proposed common property provides access to dwellings 2 and 3. It is capable of efficient management.

Clause 55.06-4Site ServicesTo ensure that site services can be installed and easily maintained.

To ensure that site facilities are accessible, adequate and attractive.

B34The design and layout of dwellings and residential buildings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically.

Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development.

Bin and recycling enclosures should be located for convenient access by residents.

Mailboxes should be provided and located for convenient access as required by Australia Post.

CompliesThe dwelling layout and design provides for sufficient space and facilities for services to be installed and maintained. Bin and recycling enclosures, mailboxes and other site facilities have been provided adequately and will blend in with the development. The site facilities including mailboxes, bin and recycling enclosures and mailboxes have been provided and located for convenient access.


Clause 56 – SubdivisionThis is an application to subdivide the dwellings such that the dwellings will exist on separate titles. In this case there is no need to assess the application against the provisions of Clause 56 as issues in relation to amenity, both on and off site, have been considered via the Clause 55 assessment, as has neighbourhood character. A condition of permit ties the subdivision and development via a Section 173 Agreement so that an orderly planning outcome is achieved.

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

An assessment has been undertaken against the purpose of the zone, the relevant State and Local Planning Policies and Particular Provisions. The development is found to be consistent with the relevant State and Local Planning Policy and to generally comply with the relevant standards and objectives of ResCode.

The site is located within an Increased Housing Diversity Area and a Residential Growth Zone. The density and scale of the development proposed is considered to be consistent with the purpose and objectives of these policies.

Therefore the Responsible Authority having considered all matters which the Planning and Environment Act 1987, requires it to consider decides to grant a Notice of Decision for the Construction of Three (3) Dwellings and a Three (3) Lot Subdivision at 18 Bridge Road, Barwon Heads in accordance with the plans and documentation submitted with the application and subject to conditions.

Report prepared by Erin Jones

Documents

· Web viewDevelopment Hearings PanelPage 51 Meeting No. 529 Date: 15 September 2016 Development Hearings Panel Page 101 Meeting No. 529 Date: 15 September 2016 Development Hearings