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Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 8

Meeting No. 399 15 December 2015

Report 12.4 - Planning Permit Application P37/2015 for the Construction of Four (4) Double Storey Dwellings at 26 Martin Street, Sunshine Directorate: City Development Director: Stuart Menzies Policy: Brimbank Planning Scheme, Planning and Environment Act 1987 Attachments: 1. Zoning Map 2. Aerial Photograph 3. Advertised Plans of Development 4. Detailed Assessment 5. Proposed Conditions Purpose To provide Council with an assessment of Planning Permit Application P37/2015 for the construction of four (4) double storey dwellings at 26 Martin Street, Sunshine, against the provisions of the Brimbank Planning Scheme (the Planning Scheme). Report 1. Background The subject site is located on the north-east corner of Martin Street and Centre Street in Sunshine. The site is regular in shape, generally flat and has a total site area of 630 square metres (refer to Attachments 1 and 2 to this report). The site currently contains a single storey brick dwelling and a detached garage. The surrounding area consists of mainly single storey residential properties, however further north of the site are commercial properties along Devonshire Road. The site is within a Residential Growth Zone (RGZ). The application seeks approval for the construction of four (4) double storey dwellings (refer to Attachment 3 to this report). Dwelling 1 faces Martin Street and is proposed to contain three (3) bedrooms and Dwellings 2, 3 and 4 all face Centre Street and have two (2) bedrooms. Each dwelling includes a single garage and Dwelling 1 is also provided with a tandem parking space. The dwellings are proposed to be constructed with face brickwork at the ground floor and a combination of weatherboard cladding and rendered cladding on the first floor. All roofs are hipped and constructed from colourbond roof sheeting. Full details of the proposal are contained within the Detailed Assessment at Attachment 4 to this report. 2. Consultation The application was advertised in accordance with section 52 of the Planning and Environment Act 1987 (the Act) by placing a sign on the subject site and sending notices to adjoining and nearby property owners and occupiers. At the completion of the advertising period, eight (8) objections and one (1) petition containing 39 signatures had been received. The main concerns raised by the objectors relate to neighbourhood character, traffic, issues with on-street car parking, overlooking, noise, the intensity of the development and the accuracy of the plans. The concerns raised by the objectors are discussed in the Detailed Assessment report at Attachment 4 to this report.

Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 9

Meeting No. 399 15 December 2015

Report 12.4 - Planning Permit Application P37/2015 for the Construction of Four (4) Double Storey Dwellings at 26 Martin Street, Sunshine (continued) 3. Analysis The subject site is located within a Residential Growth Zone, where housing at increased densities in buildings up to and including four (4) storeys is encouraged. Although it is evident that development in this area has been very low scale and low density to date, that is likely to change in the future given the zoning of the land. The proposed development is considered to be respectful of the neighbourhood character, despite it being of a larger scale than existing dwellings. The proposed dwellings are well articulated and include hipped roof forms and walls finished in brick, weatherboard and render. This is consistent with the types of materials evident on existing dwellings in the area. The upper levels of the dwellings are well setback from the adjoining properties, and reasonable areas of private open space are available for each of the dwellings. The proposed development achieves a balance between Council’s objectives of providing higher densities in well serviced locations, as well as respecting the existing neighbourhood character of the area. A full assessment of the application against the provisions of the Brimbank Planning Scheme is presented at Attachment 4 to this report. The assessment indicates the proposal complies with the requirements of the Brimbank Planning Scheme, and it is recommended that the application be supported subject to the conditions contained within Attachment 5 to this report. 4. Resource Implications There are no resource implications for Council. 5. Compliance Statement This report has been prepared in accordance with Part 4 of the Act. 6. Officer Recommendation That Council issues a Notice of Decision to Grant Planning Permit P37/2015 for the Construction of Four (4) Double Storey Dwellings at 26 Martin Street, Sunshine, subject to the conditions contained at Attachment 5 to this report.

Map Scale: 1:1,000 km

P37/2015 - 26 Martin St, Sunshine Attachment 1

Map Scale: 1:1,000 km – Aerial photo taken October 2015

P37/2015 - 26 Martin St, Sunshine Attachment 2

P37/2015 – 26 Martin Street, Sunshine Attachment 4 DETAILED ASSESSMENT Application Number:

P37/2015

Location:

26 Martin St Sunshine

Proposal:

Construction of four (4) double storey dwellings

Applicant:

Palt Building Designs

Zoning/Overlay:

Residential Growth Zone Schedule 2, No Overlays

Adjoining Zoning/Overlay:

North, South and West The properties to the south and west are zoned Residential Growth Zone Schedule 2 and no overlays are applicable. The property to the north is zoned Residential Growth Zone Schedule 2 and has a Special Building Overlay over the north-eastern corner of the site. East The property to the east is zoned General Residential Zone Schedule 3 and has a Special Building Overlay over the northern part of the site.

Environmental Audit:

Not required because the subject site is not affected by an Environmental Audit Overlay or has not been previously used for industry.

Proximity to former Land Fill sites:

The site is located outside the recommended buffer distance from the nearest former landfill. Accordingly a landfill gas assessment of the site is not required.

Cultural Heritage Management Plan:

The property is located within an area that is recognised as being of Aboriginal cultural significance and requires a cultural heritage assessment to be undertaken. The Applicant has submitted an assessment of Significant Ground Disturbance undertaken by Heritage Insight. This assessment concluded: The study area is a small residential block of land. This land would have undergone significant ground disturbance as part of the initial clearing of the land of native vegetation, used as grazing land, followed by grading, stripping of topsoil and levelling that was carried out as part of the creation of the residential subdivision. Evidence of this grading and levelling, typical of the creation of subdivisions is clearly shown on Map 3, an historical aerial photograph from 1954 showing evidence of topsoil removal during the creation of roads and subdivision to the north of the study area. Between 1954 and 1966 Stoney Creek was converted from an open channel to an underground drain, this would have involved major engineering works and would have caused significant ground disturbance near the study area as defined in the Aboriginal Heritage Regulations 2007. Construction of the dwelling and associated structures would have also caused significant ground disturbance across the study area. The entire study area has been shown to have undergone significant ground disturbance through the construction of a dwelling and associated structures. A Dial Before You Dig search has shown the study area has also been impacted by the installation of underground

P37/2015 – 26 Martin Street, Sunshine Attachment 4 (cont.)

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services such as sewerage lines and Telstra lines. The entirety or majority of the site has, therefore, undergone significant ground disturbance within the meaning of the Aboriginal Heritage Regulations 2007. The inspection confirmed the findings of the land use history, noting disturbance caused by the construction of the dwelling and associated structures. For all of these reasons a mandatory Cultural Heritage Management Plan (CHMP) is not required by the Aboriginal Heritage Regulations 2007 for this property as it has clearly undergone significant ground disturbance as defined by the Aboriginal Heritage Act 2007. A voluntary CHMP is not warranted as there is a very low likelihood that any Aboriginal cultural material will be found at the property. Although a mandatory CHMP is not required for the study area, the client should be aware that the Aboriginal Heritage Act 2007 provides blanket protection for Aboriginal Cultural Heritage. In the event that suspected archaeological sites are found during the works within the study area the following protocol should be followed to ensure compliance with the Act. • If any suspected Aboriginal cultural material is located during works

within the study area the following steps MUST be undertaken: • All works within 25m of the relevant discovery area must cease

immediately and if necessary protective fencing erected around the relevant site.

• The person making the discovery shall immediately notify OAAV and a Cultural Heritage Advisor.

• There is no RAP for the study area, however, the following Traditional Owner organisations should be advised. They are Wurundjeri Tribe Land Compensation and Cultural Heritage Council Inc, The Boon Wurrung Foundation Ltd, the Bunurong Land and Sea Association and the Bunurong Aboriginal Cooperation Land Council.

• While works are suspended the nominated project delegates and Cultural Heritage Advisor must evaluate the Aboriginal cultural heritage.

• An appropriately qualified Cultural Heritage Advisor must be engaged to record the findings and advise on possible management strategies.

Given the above advice from Heritage Insight, it appears evident that significant ground disturbance has occurred and therefore no Cultural Heritage Management Plan is required to be submitted. However a note should be placed on any planning permit issued notifying the permit holder of their obligations under Aboriginal Heritage Act 2006.

Restrictive Covenant:

No covenant is registered on the title.

Section 173 Agreement:

There is no Section 173 Agreement registered on the title.

Planning History:

There are no previous planning permits or refusals issued for this site.

Site Inspection Date:

23 February 2015 and 13 November 2015

Considered Plans: • Neighbourhood & Site Description Plan – Drawing No. 00-741 page 9, received 1 September 2015.

• Floor & Elevation Plans – Drawing No. 00-741 pages 2, 3 and 4,


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received 1 September 2015. • Shadow Diagrams – Drawing No. 00-741 pages 5, 6 and 7,

received 1 September 2015.

Permit Required Pursuant to:

Definition of Use Pursuant to Clause 74 of the Brimbank Planning Scheme the proposed use is defined as a dwelling. Use Pursuant to the table at Clause 32.07-3 under the Residential Growth Zone a dwelling is a Section 1 Use and does not require a planning permit. Development A planning permit is required pursuant to Clause 32.07-4 under the Residential Growth Zone provisions of the Brimbank Planning Scheme. It states the following: A permit is required to: • Construct two or more dwellings on a lot. The development must meet the requirements of Clause 55.

Proposal Details:

The proposal in detail involves:

• The construction of four (4) double storey dwellings. • Dwelling 1 consists of three (3) bedrooms and will be orientated

towards Martin Street. This dwelling has been provided with two car parking spaces in the form of a garage and tandem space and will be accessed via a new crossover from Martin Street.

• Dwelling 1 has been provided with 78sqm of secluded private open space with a total open space area of 130sqm. The garage for Dwelling 1 will be located along the northern boundary, with the first floor being setback 3m from the northern boundary.

• Dwellings 2, 3 and 4 are located to the east of Dwelling 1 and contain two (2) bedrooms each. The dwellings has been provided with a single garage each accessed via new crossovers from Centre Street.

• These dwellings will be attached at ground floor level and have been setback a minimum of 3m from the Centre Street front boundary. The east facing wall of Dwelling 4 will be located on the eastern boundary with the first floor being setback 1.7m from the eastern boundary. Dwellings 2, 3 and 4 will be setback a minimum of 3m from the north boundary at ground floor and 2.1m at first floor level.

• The existing 1.7m high timber paling fences along the side and rear boundaries are proposed to be retained with no front fences proposed for any of the dwellings.

• An existing street tree within the Centre Street naturestrip is proposed to be removed to allow for the crossover for Dwellings 3 and 4.

• A power pole within the Centre Street naturestrip is also proposed to be relocated as per Powercor’s requirements.

It is noted that there are some inaccuracies on the plans in relation to the labelling of the elevations. The proposal originally involved the construction of five (5) dwellings and the elevations still make reference to Unit 5. Additionally some of the east and west elevations are incorrectly labelled. Should the proposal be approved, these


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inaccuracies would need to be addressed through conditions on the permit.

Site & Surrounds:

Subject Site The subject site is located on the north-east corner of Martin Street and Centre Street, Sunshine. The site is located close to the Sunshine Activity Centre which provides public transport options, retailing, employment and community services. The subject site is regular in shape, generally flat and has a frontage of 15.08m, a depth of 41.75m and a total site area of 630sqm. An existing single storey brick dwelling with a tiled and hipped roof occupies the site. There is a large garage to the east of the dwelling which is accessed via an existing crossover from Centre Street. Two street trees are situated along the Centre Street frontage, although one of these trees appears to have been recently planted. The property has a low front fence along Martin Street and a 1.8m high metal fence along the Centre Street boundary. The side and rear boundary fences are constructed from timber and are 1.7m high. There are no easements on the property. Surrounding Area The surrounding area generally consists of single storey detached residential dwellings with a number of lots developed for medium density residential development. The properties to the north and east contain single storey dwellings. The front setbacks in the area generally range between 5m and 6m with the majority of properties having low front fences. There have been other unit developments constructed within the surrounding area, the most notable being: • A development at No. 1 and 3 Centre Street (the properties to the

east) developed for two single storey dwellings behind the existing dwellings.

• No. 30 Martin Street developed for a single storey dwelling to the rear of the existing dwelling.

• No. 55 Dickson Street has been developed for two new double storey dwellings.

Notification:

As it was considered that the proposal may cause material detriment, the application was advertised to owners and occupiers of adjoining properties in accordance with Section 52 of the Planning and Environment Act 1987. Advertising was undertaken by the following means: On Site Notice Yes (x2) Mail Yes Newspaper No Objections: Yes No. Eight (8) objections and one (1) petition containing 39 signatures The objections are summarised as follows: • On Street Car Parking • Neighbourhood Character


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• Overlooking • Noise • Brick Wall along the northern boundary • Accuracy of Plans • Traffic Disruptions and Safety • Vehicles partially parked on the footpath • Number of Dwellings An assessment against the grounds of objection is provided under “Officers Comments” section later in the report.

Referrals: The application was referred to the following departments. Internal: Traffic: Council’s Traffic Engineering Unit supports the application subject to the following conditions: 1. CC01B: Car Park Construction – Residential 2. CC03: Vehicular Crossings 3. CC04: Vehicle Crossing Naturestrip and Footpath Reinstatement 4. CC07: Determining Infrastructure within the Road Reserve Drainage: Council’s Drainage Engineering Unit supports the application subject to the following conditions: 1. EC01: Access to Site 2. EC02: Stormwater Retention 3. EC03: Drainage and Sewerage Connection 4. EC05: Services to be Shown 5. Vehicle Crossings Parks Services (Street Trees): Council’s Tree Services Coordinator supports the proposal to remove one (1) street tree as a result of the proposed vehicle crossing subject to the following conditions: 1. Permission is granted to remove one (1) Prunus, as indicated on

the plan, because it will be within the proposed crossover. 2. A Council approved contractor must be used. 3. Please ensure that the developer is invoiced for $470-00 inc GST

for tree to cover a future tree replacement within Brimbank City Council.

4. Permission for the installation of the proposed crossover should not be granted until the above payment is received.

5. All care to be given by the developers to ensure that any other trees on nature strips are NOT damaged in any way or the cost of replacement will be sought by Council.

6. Naturestrip is not to be used for the storage or delivery of ANY building materials.

Discussion on Referral Advice The above mentioned conditions required by the Traffic and Drainage Engineers should be included on any permit issued. Conditions relating to the removal of the street tree should also be included, but in a modified wording.


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Planning Scheme Requirements:

State Planning Policy Framework Clause 11 – Settlement Clause 11.04 – Metropolitan Melbourne Clause 13 – Environmental risks Clause 14 – Natural Resource Management Clause 15 – Built Environment and Heritage Clause 16 – Housing Clause 18 - Transport Local Planning Policy Framework Clause 21 – Municipal Strategic Statement Clause 21.06 – Built Environment Clause 21.07 – Housing Clause 21.07-2 – Housing Diversity Clause 21.07-3 – Residential Design Clause 21.10 – Transport and Infrastructure Zoning Provisions Clause 32.07 – Residential Growth Zone Schedule 2 Particular Provisions Clause 52.06 – Car Parking Clause 55 – Two or More Dwellings on a Lot and Residential Buildings General Provisions Clause 65 – Decision Guidelines

Comparison against Planning Controls:

State Planning Policy Framework Clause 11.04 - Metropolitan Melbourne Relevant to the proposal are specific directions in Clauses 11.04-2 Housing Choice and affordability; 11.04-4 Liveable Communities; and 11.04-6 State of Cities. The State Government released Plan Melbourne and implemented it through Amendment VC106 into all Victorian Planning Scheme in May 2014. The strategies of Plan Melbourne for settlement aims at providing housing choice and affordability through providing a diversity of housing choices in defined locations that cater for different households and are close to jobs and services; as well as Liveable communities and neighbourhoods through protecting Melbourne and its suburbs from inappropriate development as well as creating neighbourhoods that support healthy lifestyles. Clause 15.01: Urban Design To achieve the objectives of creating safe, functional and good quality environments with a sense of place and identity, new development and redevelopment will be required to respond to its context in terms of urban character, cultural heritage and natural features including landscape. Designs are to evolve from an appropriate site analysis and assessment of the opportunities and constraints of the site. Clause 15.01-5: Cultural Identity and Neighbourhood Character The objective of protecting cultural identity, neighbourhood character and sense of place shall be achieved by ensuring development evolves from the site analysis and has appropriate regards to the context of the setting including the landscape value, heritage value and built form as well as achieving the values, needs and aspirations of the community.


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Clause 15.02-1: Energy and Resource Efficiency The objective is to encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. This can be achieved by ensuring building design improves efficiency in energy use, promoting consolidation of urban development and the integration of land use and transport, improving efficiency in energy use through greater use of renewable energy and supporting low energy forms of transport such as walking and cycling. Clause 18.02-5: Car Parking The objective is to ensure that an adequate supply of car parking which is appropriately designed and located is incorporated in developments. It states that residential precincts should be protected from the effects of road congestion created by on street car parking. Assessment against the above provisions: The construction of four (4) double storey dwellings within an area that is predominantly detached larger dwellings will result in a greater housing diversity within the local area. The development compromises a mix of two and three bedroom dwellings adding diversity within the development and the housing stock of the surrounding area. The subject site is located in very close proximity to the Sunshine Activity Centre, which is the principal activity centre within the City of Brimbank has many attributes including connectivity to rail, road, ports and airport infrastructure, proximity to major employment areas, the ability to accommodate increased commercial and residential developments, relative affordability and cultural diversity. These attributes coupled with the proximity of the subject site to the Sunshine Activity Centre ensures that the above objective is met. The subject site is very well located for a higher density residential development of this type. The State Government released Plan Melbourne and implemented it through Amendment VC106 into all Victorian Planning Scheme in May 2014. The strategies of Plan Melbourne for settlement aims at providing housing choice and affordability through providing a diversity of housing choices in defined locations that cater for different households and are close to jobs and services; as well as Liveable communities and neighbourhoods through protecting Melbourne and its suburbs from inappropriate development as well as creating neighbourhoods that support healthy lifestyles. The application has been assessed against the State Planning Policy Framework and it is considered that the proposed development is consistent with relevant policies contained within this section of the Brimbank Planning Scheme. Local Planning Policy Framework Clause 21.07 - Housing Clause 21.07-1: Residential Growth • To accommodate residential growth.

- Support increased residential densities in highly accessible locations that are well services by public transport, services and community facilities.

- Encourage higher residential densities within 400 metres of fixed railway stations.


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- Encourage higher residential densities within and around activity centres which are well serviced by public transport, services and community facilities.

Clause 21.07-3 – Residential Design • To promote development that is well designed, innovative, and

respond to the location and context. - Ensure new development provides an address to the street and

incorporates articulated facades. - Encourage new development to incorporate high quality urban

design, architectural detail and use of robust materials.

• To facilitate the development of attractive, safe, high amenity neighbourhoods that have a strong sense of identity. - Ensure new development integrates with its surrounding

environment and does not detract from the rhythm of the streetscape in terms of building design, height, massing and setbacks.

- Encourage only one vehicle crossing per dwelling to ensure preservation of on street car parking and limit pedestrian conflict points.

- Ensure accessways are located to minimise any impact on existing street trees.

- Encourage roof form to reflect the broad forms, pitch and eave detail of roofs that predominate in the neighbourhood.

- Ensure fencing and boundary treatments are compatible with the architectural style of the dwelling and the street.

- Ensure new development provides an active interface to the public realm to provide passive surveillance and to stimulate street life.

- Ensure driveways and hard stand areas do not dominate the frontage of dwellings.

• To ensure new development demonstrates best practice

environmentally sustainable design. - Encourage new development to incorporate water sensitive

urban design and other environmentally sustainable design initiatives.

- Ensure new development is orientated to achieve maximum passive solar access to living areas.

Policy Guidance (Criteria for the exercise of discretion) It is policy that, as appropriate: • New development should sit harmoniously within the streetscape

in terms of scale, proportion and design. • Residential development in or close to activity centres should

include appropriate noise attenuation to protect the amenity of residents.

• Private open space should not be located within the frontage of new developments.

• New development should use high quality robust building materials.

• Covered car parking spaces should not be located between the street frontage and the dwelling.

• New development should provide active street frontages and avoid blank walls facing streets.

Assessment against the above provisions:


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The proposal utilises high quality materials and ensures the development is oriented toward the street. Although the design and scale of the proposed development differs from many of the existing dwellings within the surrounding area it is considered that it will contribute positively to the streetscape and character of the area. There is clearly strategic direction within Council’s Housing Strategy (Home and Housed) and within the zoning of the property that higher densities are encouraged within this area. Therefore the neighbourhood is within a transition period where higher density developments will become more common. In saying this, a balance needs to be achieved where higher densities are achieved but the amenity of the surrounding area is not unreasonably impacted upon. It is considered that this development will achieve this balance. The development is designed so that the parking facilities are located behind the front facades of the dwelling which will reduce the impacts upon the streetscape. The secluded private open spaces areas of the dwellings are situated to the side or the rear of the dwellings and not within the front setbacks. The first floor area of Dwelling 4 has been setback from the eastern boundary creating graduation between the development and the single storey dwelling to the east. Also the separation between the first floor areas assist in reducing the bulk and mass of the development ensuring that the dwellings will sit harmoniously within the streetscape. The application has been assessed against the Local Planning Policy Framework and it is considered that the proposed development is consistent with relevant policies contained within this section of the Brimbank Planning Scheme. Zoning Provisions Clause 32.07 – Residential Growth Zone The purpose of the Residential Growth 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 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.

Assessment against the above provisions: As demonstrated above, the proposal achieves a high compliance with the State and Local Planning Policy Framework. The Residential Growth Zone (RGZ) encourages higher densities including up to four storey buildings. It is considered that four double storey dwellings on a corner site better reflects the existing neighbourhood character of the area while also ensuring a high level of amenity for adjoining properties. So although a larger built form could be considered on the subject site given the zoning the proposal is a good design response


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to the site. The development allows of a diversity of housing types not only with the development, a mix of two and three bedroom dwellings, but also within the surrounding area. The design of the development will provide an appropriate transition between the existing dwellings within the area and what the zone indicates. Two storey built form is not uncommon within the area and the setbacks from the boundaries, well-articulated first floor areas and separation between the dwellings assist with this transition. Clause 32.07- Decision Guidelines The only relevant decision guidelines within the zone refer to the objectives, standards and decision guidelines of Clause 55 (which is ResCode). An assessment of these has been undertaken below. The application has been assessed against the relevant zoning provisions and it is considered that the proposed development is consistent with the purpose of the zoning controls contained within the Brimbank Planning Scheme. General Provisions Clause 65.01 requires that before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate: • 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.

The relevant matters set out in s60 of the Act are: (1) Before deciding on an application, the responsible authority must

consider— (a) the relevant planning scheme; and (b) the objectives of planning in Victoria; and (c) all objections and other submissions which it has received and

which have not been withdrawn; and (d) any decision and comments of a referral authority which it

has received; and (e) any significant effects which the responsible authority

considers the use or development may have on the environment or which the responsible authority considers the


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environment may have on the use or development; and (f) any significant social effects and economic effects which the

responsible authority considers the use or development may have.

(1B) For the purposes of subsection (1)(f), the responsible authority

must (where appropriate) have regard to the number of objectors in considering whether the use or development may have a significant social effect.

The application has been assessed against the Decision Guidelines, in particular Clause 65.01 (Approval of an Application or Plan) and section 60(1) and (1B) of the Act, and it is considered that the proposed development meets the relevant decision guidelines contained within this section of the Brimbank Planning Scheme. Whilst it is noted that there are 8 objections and a petition opposing this planning application, the grounds of objection raised relate predominantly to neighbourhood character, amenity considerations and car parking and traffic concerns. None of these items specifically relate to significant social effects. Particular Provisions Clause 52.06 – Car Parking Clause 52.06-5 sets out the following requirements for car parking on site: • 1 car space to each 1 or 2 bedroom dwelling; • 2 spaces to each 3 or more bedroom dwelling. And • 1 visitor’s space to each 5 dwellings. The proposal includes the following car parking spaces in accordance with the standard requirement: • Dwelling 1 includes 3 bedrooms and is provided with 2 car spaces

in the form of a single garage and tandem space in front. • Dwellings 2, 3 and 4 include 2 bedrooms each and are provided

with 1 car space each in the form of a single garage. The car parking provision also includes design standards that car parking spaces and accessways must meet. These standards are outlined under Clause 52.06-8. The accessway and car parking provisions comply with the design standards, and Council’s Traffic Engineer has raised no objections to the layout subject to conditions of permit. The proposed layout is therefore considered acceptable in terms of traffic safety and has support from Council’s Traffic Engineer subject to conditions. Other design standards for car parking are carried out as part of the assessment against Clause 55 (see assessment below). Clause 55 – Two or more dwellings on a Lot and Residential Buildings Clause 55 sets out “objectives” for a number of design components. All “objectives” must be met. “Standards” are also included and these should be met unless it is demonstrated that compliance with the objectives has been achieved. Below is an assessment against the standards of Clause 55.


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Clause 55: Two or More Dwellings on a Lot and Residential Buildings

B1 Neighbourhood Character

Objective • To ensure that the design respects the existing neighbourhood

character or contributes to a preferred neighbourhood character. • To ensure that development responds to the features of the site

and the surrounding area. Assessment As mentioned above, the neighbourhood comprises mainly of single and double storey detached dwellings with open and spacious back yards, or with outbuildings within the backyard areas. There are a number of multi-unit developments within the surrounding area, the most notable being: • A development at No. 1 and 3 Centre Street, the properties to the

east developed for two single storey dwellings behind the existing dwellings.

• No. 30 Martin Street developed for a single storey dwelling to the rear of the existing dwelling.

• No. 55 Dickson Street has been developed for two new double storey dwellings.

As mentioned above, the surrounding is predominantly single and double storey detached dwellings there is a clear strategic direction to encourage higher densities given the subject sites location in close proximity to the Sunshine Activity Centre and the zoning of the subject site as Residential Growth. The development has been designed to provide a transition between the existing built form within the area and the three to four storey built form which is envisioned within the Residential Growth Zone. The first floor areas of the proposed dwellings have been well articulated through the use of different materials, building design and setbacks from the ground floor areas which assists in limiting the visual bulk and mass and graduation between the adjoining single storey dwellings. In saying this it is considered that more weatherboard material could be incorporated into the northern (rear) elevation of the Dwellings 2, 3 and 4 to further reduce the visual impacts. A condition will be recommended to have the first floor bedroom 2 walls of Dwellings 2, 3 and 4 to be cladded in weatherboard material. This will also reduce the impact given that these walls slightly cantilever the ground floor walls. The northern elevation of the development shows that Dwellings 2, 3 and 4 have a cantilevered section which extends over the ground floor area. In this instance the slight cantilevering of the first floor ill not have a significant impact upon the visual amenity of the area. These sections are located on the northern side of the dwellings therefore will not create any additional over showing on the surrounding properties. It is also considered that the cantilevered sections will; provide some shading and sun protection to the living areas at ground floor level which is important given the orientation of these areas to the north. As mentioned above a condition will require the first floor north facing bedroom 2 walls of Dwellings 2, 3 and 4 to be constructed of a weatherboard material. These are the cantilevered sections therefore the different material will assist in minimising the impacts


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of the cantilevered sections. Also as the subject site is located within a Residential Growth Zone it is considered that a more substantial built form could be considered compared to other developments which are more restrictive zones. Separation has been provided between the ground and first floor areas helps to mitigate the visual impacts. Each dwelling has been provided with a minimum of 25sqm of secluded private open space to the rear of the dwellings with open space also located within the front setback. The amount of open space proposed is similar to that provided for other unit developments within the surrounding area. The materials proposed are brick at ground floor with light weight render and weatherboard cladding at first floor level reflect the construction materials of the surrounding area. The two different materials at first floor level minimise the visual bulk and mass and this will further be reduced with the incorporation of more weatherboard at first floor level. The design of the development minimises the impact upon the amenity of the surrounding area while also achieving the objectives of the State and Local Planning Policies and the Residential Growth Zone. Complies Subject to Conditions

B2 Residential Policy

Objective • To 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.

Assessment The application was accompanied by a written statement which addresses all the requirements contained within the Brimbank Planning Scheme, in particular the provisions of Clause 55. Complies

B3 Dwelling Diversity

Objective • To encourage a range of dwelling sizes and types in

developments of ten or more dwellings. Assessment This standard only relates to 10 or more dwellings. Not applicable

B4 Infrastructure Objective • To ensure development is provided with appropriate utility

services and infrastructure. • To ensure development does not unreasonably overload the

capacity of utility services and infrastructure. Assessment The subject site is located within an existing residential area and will be able to connect to reticulated services, including sewerage, drainage, electricity and gas. Complies

B5 Integration with Objective


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the Street • To integrate the layout of development with the street. Assessment Dwelling 1 will be orientated towards Martin Street, with Dwellings 2, 3 and 4 orientated towards Centre Street. The entry to each of the dwellings to clearly visible from the respective streets, with a number of habitable room windows overlooking the street. There appears to be landscaping adjacent to the porch areas of Dwellings 2, 3 and 4 that could potentially restrict access to the porch and entry areas. As there is no path proposed from the street it is envisioned that the driveway will be used for visitors to access the front doors of these dwellings. To ensure that pedestrian access is not restricted a condition should require that the landscaping adjacent to the porch of these dwelling should be removed. Complies Subject to Conditions

B6 Street Setback Objective • To ensure that the setbacks of buildings from a street respect the

existing or preferred neighbourhood character and make efficient use of the site.

Numerical requirements Walls should be setback from the front street where: • The site is on a corner.

If there is a building on the abutting allotment facing the front street, the same distance as the setback of the front wall of the existing building on the abutting allotment facing the front street or 9 metres, whichever is the lesser.

Where the site is on a corner, walls should be setback from the side street as follows: • Front walls of new development fronting the side street of a corner

site should be setback at least the same distance as the setback of the front wall of any existing building on the abutting allotment facing the side street or 3 metres, whichever is the lesser. Side walls of new development on a corner site should be setback the same distance as the setback of the front wall of any existing building on the abutting allotment facing the side street or 2 metres, whichever is the lesser.

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. The porch areas Assessment The required setback to the front street (Martin Street) is 5.5m based on the setback of the dwelling at No. 28 Martin Street. Dwelling 1 has been setback 5m from Martin Street therefore a variation to the front setback standard of 0.5m is proposed. In this instance it is considered that a slight reduction to the front setback standard is appropriate given that the site is a corner site and the reduced setback will provide a transition between the dwellings to the north and the corner. The front setbacks of the dwellings along the east side of Martin Street vary between 5m and 6m therefore the front setback of Dwelling 1 will not be out of character with the front setbacks of


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other dwellings along Martin Street. The porch area of the dwelling also provides for articulation along the frontage and the majority of the first floor area is setback 6m from the front boundary, with the stairwell projecting slightly to provide articulation. It is also considered that the reduced front setback will provide for a more efficient use of the site, and will allow for a larger open space area to the rear of Dwelling 1 with a greater minimum dimension. For these reasons it is considered that in this instance a minor variation to the front setback is appropriate. The required setback to the side street (Centre Street) is 3m. This setback has been achieved with the front walls of Dwellings 2, 3 and 4 being setback 3m from the Centre Street front boundary. The front porches for dwellings are all greater than 3.6m in height therefore a variation to the front setback from the side street is also required. Although the porch areas are greater than what is allowed by the setback standard, the porches are varied in design and provide articulation along the dwelling facades. This variation is appropriate. It is considered that the setbacks of the buildings from a street respect the neighbourhood character and make efficient use of the site. Variation Sought and Supported

B7 Building Height Objective • To ensure that the height of buildings respects the existing or

preferred neighbourhood character. Numerical Requirements • The maximum building height should not exceed 13.5 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 height of the building should not exceed 14.5 metres.

Assessment The proposal consists of a maximum height of 7.9m in accordance with the standard. The height of the building is considered to respect the neighbourhood character. Complies

B8 Site Coverage Objective • To ensure that the site coverage respects the existing or

preferred neighbourhood character and responds to the features of the site.

Numerical requirements The site coverage should not exceed 60% Assessment The proposal incorporates site coverage of 56%. The site coverage respects the neighbourhood character. Complies

B9 Permeability Objective • To reduce the impact of increased stormwater run-off on the

drainage system.


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• To facilitate on-site stormwater infiltration. Numerical requirements The site area covered by the pervious surfaces should be at least 20%. Assessment The proposed development results in 38% of the site area being covered by impervious surfaces in accordance with the standard. This is considered sufficient to reduce the impact of increased stormwater run-off on the drainage system and to facilitate on-site stormwater infiltration. Complies

B10 Energy Efficiency

Objective • To 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.

Assessment The proposal has given due consideration to the orientation of the lot and provides an appropriate layout to make appropriate use of solar energy where possible. The secluded private open space areas of Dwellings 2, 3 and 4 are located to the north of the dwellings with the secluded private open space of Dwelling 1 have a northern aspect. Dwellings 2, 3 and 4 have the living room windows orientated towards the north however the cantilevered first floor areas will provide some protection the late afternoon sun. The attached ground floor nature of the dwellings also add to the energy efficiency of the development. Complies

B11 Open Space Objective • To integrate the layout of development with any public and

communal open space provided in or adjacent to the development.

Assessment There is no communal private open space provided in or adjacent to the development. Complies

B12 Safety Objective • To ensure the layout of development provides for the safety and

security of residents and property. Assessment The development has been designed to take into account safety and security with the entries to each dwelling being clearly visible and provide shelter for the future residents. The dwellings have a number of habitable room windows that will overlook the adjoining streets which will provide passive surveillance of these public areas. It is considered that the development has been designed to ensure the safety of future residents.


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Traffic safety was a concern however Council’s Traffic Engineers have assessed the proposal and raised no concerns with regards to traffic safety. To ensure that vehicles existing garage 2 have sufficient sightlines a condition will require that a splay be provided to the 1.8m high fence enclosing the secluded private open space of Dwelling 1. Complies Subject to Conditions

B13 Landscaping Objective • To 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. Assessment The proposed development will allow room for landscaping to enhance the neighbourhood character and amenity of adjoining and future residents. It is considered that there will be sufficient space within the secluded private open space areas of the dwellings to plant small canopy trees and although the front setback to Martin Street is proposed to be slightly reduced there will still be sufficient area to plant two canopy trees within the front setback. Landscaping is proposed along the driveways which will assist in softening the hard surface coverage, a small portion of this will be removed to allow for pedestrian access to Dwellings 2, 3 and 4. A detailed landscape plan should be required as a condition on any permit issued and will be assessed at the Condition 1 stage to ensure that the densities, locations and species proposed will be in keeping with the existing neighbourhood character of the area. Complies Subject to Conditions

B14 Access Objective • To ensure the number and design of vehicle crossovers respects

the neighbourhood character. Numerical requirements The 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. Assessment One single width crossover is proposed to access Dwelling 1. This crossover will occupy 19% of the frontage while the crossovers along Centre Street will occupy 22% of the frontage. Each dwelling facing the street has been provided with a single width crossover each. There will be 6.5m between the two crossovers on Centre Street


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enough space to accommodate an onsite car parking space. The crossovers will comply with the access standard. It is considered that the number and design of vehicle crossovers respect the neighbourhood character. Complies

B15 Parking Location Objective • To provide convenient parking for resident and visitor vehicles. • To protect residents from vehicular noise within developments. Numerical requirements 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. Assessment No shared accessways are proposed as part of this development. The car parking is considered convenient for both resident and visitor vehicles and will avoid parking and traffic difficulties. Complies

B17 Side and Rear Setbacks

Objective • To 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.

Numerical Requirements A 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. Assessment The required setbacks in this instance are 1m at ground floor and 1.72m at upper level based on the wall heights of 3.4m and 6m respectively. The dwellings are setback a minimum of 1m at the ground floor level and 1.7m at the first floor level from the side and rear boundaries. The east facing first floor wall of Dwelling 4 is within 1.72m of the west boundary. To ensure compliance with the standard and to reduce the amenity impacts upon the property to the west a condition pf permit will require that this wall be setback a minimum


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of 1.72m from the western boundary. The setback of the first floor north facing walls of Dwellings 2, 3 and 4 have not been provided with a setback dimension. The first floor areas comply with the setback requirement however this will be required to be shown as per a condition on any planning permit issued. With the above condition imposed it is considered that the height and setback of the proposed buildings respect the neighbourhood character and limits the impact on the amenity of the dwellings. Complies Subject to Conditions

B18 Walls on Boundary

Objective • To 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.

Numerical Requirements A 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: • 10 metres plus 25 per cent of the remaining length of the

boundary of an adjoining lot, or; • 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. Assessment Two walls are proposed along property boundaries. The garage wall for Dwelling 1 has length of 6.5m and an average height of 3.2m. This wall has a length of less than 10m and an average height less than 3.2m therefore it is in accordance with the standard. The family and lounge room wall of Dwelling 4 is proposed along the eastern property boundary. This wall is 8.5m in length and has an average height of 3.2m. The average height of this wall has not been identified on the elevation plans therefore a condition will require that the average height of this wall is shown on the plans to have an average height of no more than 3.2m. It is considered that the location, length and height of a wall along the boundaries respect the neighbourhood character and limits the impact on the amenity of existing dwellings Complies Subject to Conditions


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B19 Daylight to Existing Windows

Objective • To allow adequate daylight into existing habitable room windows. Numerical requirements Buildings 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. Assessment All existing windows will maintain a minimum 3sqm light court in accordance with the standard. It is considered that adequate daylight is provided into existing habitable windows. Complies

B20 North Facing Windows

Objective • To allow adequate solar access to existing north-facing habitable

room windows. Numerical requirements If 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. Assessment There are no north facing windows located within 3m of the property boundary. It is considered that the proposal has been designed to allow adequate solar access to existing north-facing habitable room windows Complies

B21 Overshadowing Open Space

Objective • To ensure buildings do not significantly overshadow existing

secluded private open space. Numerical requirements 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. 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. Assessment The proposal complies with the numerical standards above. The proposal will not significantly overshadow the adjoining dwelling’s areas of private open space. The majority of shadows cast by the development will fall on the street to the south. The secluded private open space areas of the dwelling at No. 28 Martin Street are located to the north of the development therefore will not be


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impacted upon by overshadowing. Any overshadowing experienced by the property to the east No. 1 Centre Street will be on the driveway and will be similar to the shadow cast by the existing boundary fence. It is considered that any overshadowing onto adjoining properties will be minor and will not result in the amenity of the adjoining properties being significantly impacted upon. Complies

B22 Overlooking Objective • To limit views into existing secluded private open space and

habitable room windows. Numerical Standards 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. 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. Assessment The proposal has incorporated the following mitigation measures in accordance with the standard: Ground Floor The development plans do not identify the boundary fence heights therefore a condition will require that all side ad rear must be a minimum height of 1.8m above the finished ground level to ensure


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no overlooking occurs to neighbouring. First Floor It appears that the first floor north facing bedroom 2 windows of Dwellings 2, 3 and 4 have been provided with screening to a height of 1.7m above finished floor level. This has not been notated on the elevations plans however therefore a condition will require that this be shown. There are three bathroom windows that could potentially overlook the property to the east from Dwelling 4. These windows are not habitable and it is considered that they will be treated to ensure privacy. In any case these windows comply with the standard. Dwelling 1 has a north facing first floor bedroom window however this window will not overlook the secluded private open space of the dwelling to the north. Any overlooking from this window will be of the front setback of the property to the north. It is considered that the development has been designed to limit overlooking of the adjoining properties and with the above conditions it is considered hat the development will not impact the amenity of the adjoining properties through overlooking. Complies Subject to Conditions

B23 Internal Views Objective • To limit views into the secluded private open space and habitable

room windows of dwellings and residential buildings within a development.

Assessment The proposal has incorporated the following in accordance with the standard (see numerical requirements of Standard B22 above). Ground Floor 1.8m high fences are proposed between the secluded private open spaces of the dwellings. This will ensure that there is no internal overlooking from ground floor areas. Upper Floor The first floor windows have been designed and orientated to ensure that there will be no internal overlooking from the first floor areas. The first floor west facing bedroom 1 window of dwelling 2 is a highlight window with a sill height of 1.7m above finished floor level. This dimension is not clearly shown on the elevation plans therefore a condition will require this to be shown. The development has been designed to ensure that it complies with the internal overlooking standard. It is considered that the measures in place limit views into the secluded private open space and habitable room windows of dwellings and residential buildings within a development. Complies Subject to Conditions

B24 Noise Impacts Objective • To contain noise sources in developments that may affect existing

dwellings. • To protect residents from external noise. Assessment


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The noise generated from the development will be similar to what can reasonably be expected within a residential area. Complies

B25 Accessibility Objective • To encourage the consideration of the needs of people with

limited mobility in the design of developments. Assessment The standard relates to dwelling entries of the ground floor of dwellings and residential buildings to be accessible or able to be easily made accessible to people with limited mobility. Dwelling 1 has a bedroom and bathroom at ground floor level which promotes accessibility for people with limited mobility. The dwelling entries are designed to cater for people with limited mobility. Complies

B26 Dwelling Entry Objective • To provide each dwelling or residential building with its own sense

of identity. Assessment The dwelling entries are easily identifiable from the adjoining streets and provide a good sense of individual address to the dwellings. Complies

B27 Daylight to New Windows

Objective • To allow adequate daylight into new habitable room windows. Numerical Requirements A 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.

Assessment All new habitable room windows have been provided with a 3sqm light court in accordance with the standard. It is considered that the proposal has been designed to allow adequate daylight into new habitable windows. Complies

B28 Private Open Space

Objective • To provide adequate private open space for the reasonable

recreation and service needs of residents. Numerical Requirements A 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


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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. Assessment The proposed dwellings are provided with the following areas of private open space in accordance with the standard: • Dwelling 1 has been provided with a secluded private open

space area of 79sqm with a minimum dimension of 3.6m. The total open space provided for this dwelling is 130sqm. The secluded private open space area is accessed via the kitchen and meals area.

• Dwelling 2 has been provided with a secluded private open space area of 28sqm accessed via the meals and family area. The total open space area is 40sqm.



It is considered that private open space has been provided for the reasonable recreation and service needs of the dwelling. Complies

B29 Solar Access to Open Space

Objective • To allow solar access into the secluded private open space of new

dwellings and residential buildings. Numerical Requirements 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. Assessment It is considered that the development has been designed to allow adequate solar access into the secluded private open space of the dwellings. There are no walls to the north of the secluded private open spaces. All of the secluded private open spaces are orientated towards the north and will receive sufficient solar access. Complies

B30 Storage Objective • To provide adequate storage facilities for each dwelling. Numerical Requirements Each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space. Assessment Each dwelling has access to at least 6 cubic metres of external storage space in accordance with the standard.


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It is considered that the development incorporates adequate storage facilities. Complies

B31 Design Detail Objective • To encourage design detail that respects the existing or preferred

neighbourhood character. Assessment The dwellings in the area generally make use of brick, weatherboard and rendered building materials and hipped tiled or colourbond roofs. The proposal consists of double storey dwellings with hipped tiled / colourbond roofs of a similar size and scale to that in the area and is therefore considered to respect the character of the surrounding area. The proposal has also included appropriate setbacks and materials to provide articulation to the dwellings. This assists to ensure the visual bulk and scale of the dwelling is not excessive. Although it is considered hat the materials proposed will be in keeping with the materials identified within the surrounding area the colours proposed are not. To ensure the development reflects the colours within the surrounding area an updated materials and colours schedule will be requested as a condition requiring more natural colours to fit in with the surrounding area. The development plans suggest that Martin Street is two way rather than one way. A condition will require the development plans to be updated to reflect that Martin Street is only a one way road. Complies Subject to Conditions

B32 Front Fences Objective • To encourage front fence design that respects the existing or

preferred neighbourhood character. Assessment No front fence is proposed. The majority of surrounding properties have low front fences and by not providing a front fence the development will be out of character with other properties within the area. Therefore a condition will require a low front fence that compliments the development. It is considered that the wording of a low front fence will allow flexibility in the condition to get an appropriate outcome rather than stating a specific height. Complies Subject to Conditions

B33 Common Property

Objective • To 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. Assessment No common property is proposed. Not Applicable

B34 Site Services Objective


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• To ensure that site services can be installed and easily maintained.

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

Assessment Bin areas, clotheslines and mailboxes are provided to each dwelling. Standard conditions will be placed on any planning permit issued to ensure that the location of services does not impact significantly impact the amenity of the surrounding area. Complies Subject to Conditions

Officer Comments:

Response to Grounds of objections: The following includes an assessment against the relevant grounds of objection: • On Street Car Parking

Many of the objectors have raised concerns with regards to the lack of on-street car parking available in the area, believing that the proposed development will worsen the current situation. Dwelling 1 has been provided with two car parking spaces and Dwellings 2, 3 and 4 with one car parking space each within single garages. The number spaces provided for each dwelling complies with the car parking requirements of the Planning Scheme. There is no requirement to provide an on-site visitor car parking spaces for a development of less than 5 dwellings therefore a visitor car parking space is not required. The proposed crossovers will result in the loss of some on street car parking adjacent to the site on Centre Street however there are no standing parking restrictions between 9am and 6pm Monday to Friday therefore there is no opportunity for vehicles to park in front of the site on Centre Street during weekdays in any case. The proposed crossovers on Centre Street have a minimum distance of 6.5m between them which will allow a car to park between the crossovers on the weekends. It is also noted that there are 2 hour parking restrictions within Centre Street with resident parking available. From the objections received it appears that there may be car parking issues within the area however Council has attempted to mitigate these issues through parking restrictions. Council’s Traffic Engineers have assessed the application and support the car parking design and layout and have raised no concerns with regards to parking within the area. The subject site is located in close proximity to public transport options which helps to decrease dependency on vehicles. It is considered that the location of the property close to the Sunshine Activity Centre and the zoning of the property as Residential Growth Zone encourages higher densities similar to the proposal. Therefore the potential car parking issues must be weighed up against the strategic vision for the area and in this case it is considered that the development has provided sufficient car parking on site to meet the expected demand and the development will not significantly add to the traffic issues within the area.

• Neighbourhood Character The strategic vision for the area is for higher density development as indicated by the zoning of the land. It is likely that the surrounding area will go through a period of transition between


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the predominantly single storey detached dwellings and the higher density townhouse developments similar to this application. It should also be noted that the zoning of the property allows for three to four storey apartment developments so the development of the subject site for four double storey dwellings has taken into account the surrounding context and built form and reflected this in the design response to the site. The first floor areas have been generally well setback from the property boundaries and the visual bulk and mass of the development is not considered unreasonable, particularly within a Residential Growth Zone. The development has been setback a minimum of 3m from Centre Street and 5m from Martin Street and although a variation to the front setback standard is required, the design will ensure that the development integrates well with the streetscape. Sheer two storey walls have been avoided along the front facades, providing graduation between the first floor walls and single storey dwellings on adjoining properties. It is considered that a good balance has been achieved in the design with the proposed development keeping with the preferred neighbourhood character of the area while still respecting the existing character of the area.

• Overlooking

Overlooking into the adjoining properties was raised as an objection. As mentioned in the overlooking assessment above, new 1.8m high side and rear boundary fences can be required to be erected at the cost of the developer to avoid any overlooking from the ground floor areas. The first floor north-facing bedroom windows of Dwellings 2, 3 and 4 have been provided with obscure glazing to a height of 1.7m above finished floor level however this is not clearly shown on the elevations, therefore a condition of approval can require these to be clearly shown. The first floor windows along the eastern elevation of Dwelling 4 (labelled on the elevations as “Side west elevation Unit 5”) are to non-habitable rooms (i.e. bathroom, landing and toilet) therefore they comply with the overlooking standard and do not require screening. It is considered that the development has been designed to ensure that overlooking into the adjoining properties will be sufficiently mitigated. It is not reasonable for the development to have no north facing windows within the development and goes against ResCode requirements and energy efficiency principles.

• Noise It is considered that the noise generated from the development will be no more than what can reasonably be expected within a residential area. The objector to the north has raised concerns with regards to the secluded private open space areas being adjacent to their property. The secluded private open spaces being located to the north of the dwellings is the most appropriate location as they will receive sufficient solar access and will not be located within the front setback, which is against Council’s Local Policy. The neighbour to the north has a driveway adjacent to the subject site with the secluded private open space of their property being to


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the rear of the dwelling. It is considered that the separation between the areas of open space is reasonable and is similar to that in many residential contexts.

• Brick wall along the northern boundary The garage for Dwelling 1 is proposed along the northern boundary. This wall complies with the “walls on boundaries” standard, having an average height of no more than 3.2m. This wall will not overshadow the property to the north and given that the wall will be adjacent to the driveway with habitable room windows well setback from the garage wall, it will not significantly impact the amenity of the property to the north. The wall will be constructed adjacent to shrubs on the property to the north however any damage to these plants will be dealt with through the building permit process and by the relevant Building Surveyor.

• Accuracy of Plans The plans show that Martin Street has two way traffic however this is only a one way street. A condition of approval can require the development plans to be updated to reflect this. There are also inaccuracies on the elevations relating to the dwelling numbers and the bearing of the elevation. This actual details of the elevations appear to be correct, however the labelling of them will need to be fixed and this can be required through condition of approval.

• Traffic Disruptions and Safety The application has been assessed by Council’s Traffic Engineers who have raised no concerns with regards to traffic safety resulting from the proposal. A condition of permit can require the fence enclosing the secluded private open space of Dwelling 1 to have an appropriate splay to increase sight lines for vehicles exiting the garage of Dwelling 2 to address any issues in this regard. It is acknowledged that during the construction of the development there will be additional vehicles in the area from the builders, however they will be subject to the same parking restrictions as anyone else. This will only be for a limited time until the development is complete.

• Vehicles partially parked on the footpath The setbacks of the garages from Centre Street are 3.5m. This is not sufficient for a car to park in front of the garages for Dwellings 2, 3 and 4. Any vehicle parked in this location will overhang the footpath and if they do so, can be fined. The only solution to this would be to setback the garages 5.5m from the Centre Street front boundary. This would significantly reduce and impact the secluded open spaces of the dwellings but is also not required because each of these dwellings is only required to provide one on-site parking space in accordance with the Planning Scheme. If vehicles do parked over the footpath, this should be reported to Council’s City Compliance Department who can issue fines to the offending vehicle owners.


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• Number of Dwellings It is considered that the development achieves a high compliance with the planning scheme requirements which is an indication that the amount of dwellings proposed is appropriate. Each dwelling has been provided with a reasonable amount of private open space, sufficient car parking as required by the Planning Scheme, and complies with the site coverage requirement of the Scheme. The number of dwellings proposed achieves a balance between the objectives of providing higher densities on the site as well as respecting the existing neighbourhood character of the area. Whilst the development is much more intense than existing development in the area, this is what is encouraged by the Residential Growth Zone and this is likely to be the first of many such proposals.

Variations to ResCode Standards A variation is proposed to the front setback standard for two reasons. Firstly, Dwelling 1 is required to be setback 5.5m from Martin Street and is only setback 5m. A variation is appropriate in this instance as the setbacks along the east side of Martin Street range between 5m and 6m, therefore the front setback will not be out of character with other setbacks in the area. Also this allows for more secluded private open space for Dwelling 1. Secondly, the front porches are greater than 3.6m in height which means they are not an allowable encroachment, however these features provide for articulation and visual interest along the front facades and improving the streetscape appearance. Therefore a variation for the porches is considered to be appropriate. Conclusion: The development is considered to achieve the objectives set out in the State Planning Policy Framework (SPPF) and Local Planning Policy Framework (LPPF). The proposed development also achieves a high level of compliance with the objectives and standards set out in Clause 55 (ResCode) of the Brimbank Planning Scheme, as discussed throughout this report. It is acknowledged that the proposed development is a more intense development than is currently common in this area, however the introduction of the Residential Growth Zone to the area in November 2014 means that it is likely to be the start of more to come. The development is considered to be respectful of the neighbourhood character and has been designed to reduce the impact on the two adjoining properties. It is recommended that the proposal be supported subject to the changes that are recommended in this report, and are listed in the “Proposed Conditions” at Attachment 5.

P37/2015 – 26 Martin Street, Sunshine Attachment 5 PROPOSED CONDITIONS Amended Plans (1) Before the development starts, amended plans to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application (received by Council on 1 September 2015) but modified to show:

(a) A landscape plan prepared by a landscape architect or a suitably qualified or

experienced person, in accordance with Condition 3. This landscape plan must coincide with the approved site plan and must clearly show a minimum permeable area of not less than 20% of the entire site, in accordance with Standard B9 of Clause 55 of the Brimbank Planning Scheme (ResCode).

(b) The first floor north facing bedroom 2 walls of Dwellings 2, 3 and 4 constructed of weatherboard cladding.

(c) The landscaping adjacent to the porch areas of Dwellings 2, 3 and 4 removed to allow pedestrian access from the driveway onto the porch. The landscaping buffer must be removed for a length of 1.5m from the garage walls of these dwellings.

(d) The first floor east facing wall of Dwelling 4 setback a minimum of 1.72m from the west boundary.

(e) The elevation plans amended to remove any reference to Dwelling 5 and to ensure that the references to all other dwellings and directions are correct.

(f) The family and lounge room boundary wall of Dwelling 4 to have a maximum average height of no more than 3.2m.

(g) The first floor north facing bedroom 2 windows of Dwellings 2, 3 and 4 notated as containing fixed obscure glazing to a height of 1.7m above the floor height in accordance with Standard B22 of Clause 55 of the Brimbank Planning Scheme.

(h) All side and rear boundary fencing to have a minimum height of 1.8m.

(i) The first floor west facing bedroom 1 window of Dwelling 2 to be notated as having a minimum height of 1.7m above finished floor level.

(j) An updated schedule of construction materials, external finishes and colours, with the colours amended to more natural colours.

(k) A low front fence for all dwellings.

(l) Martin Street shown as having a one way traffic flow in a southerly direction.

(m) An appropriate splay provided to the fence enclosing the secluded private open space of Dwelling 1 to ensure sufficient sight lines for vehicles exiting the garage for Dwelling 2 are provided.

(n) The first floor setbacks of Dwellings 2, 3 and 4 from the northern property boundary to be dimensioned.

(2) The development as shown on the endorsed plans must not be altered without the

written consent of the Responsible Authority.

P37/2015 – 26 Martin Street, Sunshine Attachment 5 (cont.) Landscaping (3) A landscape plan to the satisfaction of the Responsible Authority must be submitted

to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The plan must be drawn to scale with dimensions and three copies must be provided. The plan must 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) Appropriate irrigation system

(e) Two () canopy trees (minimum two metres tall when planted) within the front setback of Dwelling 2

(f) One (1) canopy tree (minimum two metres tall when planted) within the secluded private open space of each dwelling.

All species selected must be to the satisfaction of the Responsible Authority.

(4) Prior to the Occupancy Permit being issued for the buildings hereby permitted,

landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority.

(5) The landscaping shown on the endorsed plans must be maintained to the

satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

(6) The following payments are required prior to the collection/release of endorsed

plans:

(a) A cash bond for $2,000, plus a non-refundable 5% service charge of $100 (total of $2,100), shall be lodged with the Responsible Authority prior to the collection of endorsed plans to ensure the completion and establishment of landscaped areas. This cash bond will only be refunded after a 13 week establishment period beginning when the Responsible Authority is satisfied with the completed landscaping works, provided that the landscape is being maintained to the satisfaction of the Responsible Authority.

(b) The owner must pay to the Responsible Authority a fee of $470 (including GST) for planting of a replacement street tree within the naturestrip.

General (8) During the construction phase of the development, the following conditions must

be met:

(a) Only clean rainwater shall be discharged to the stormwater drainage system;

(b) Stormwater drainage system protection measures shall be installed as required to ensure that no solid waste, sediment, sand, soil, clay or stones from the premises, enters the stormwater drainage system;

(c) Vehicle borne materials shall not accumulate on the roads abutting the site;

(d) All machinery and equipment must be cleaned (if required) on site and not on adjacent footpaths or roads;


(e) All litter (including items such as cement bags, food packaging and plastic stripping) must be disposed of responsibly;

(f) All site operations shall comply with the Environment Protection (Residential Noise) Regulations 2008.

Car Parking (9) Before the occupation of the development starts, the areas set aside for the

parking of vehicles and access lanes as shown on the endorsed plans must be:

(a) Constructed in concrete;

(b) properly formed to such levels that they can be used in accordance with the plans;

(c) Drained and

(d) Maintained all to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways must be kept available for these purposes at all times.

(10) Vehicular crossings must be constructed to the road to suit the proposed driveways

to the satisfaction of the Responsible Authority prior to any works being undertaken on the site. A Vehicle Crossing Permit must be obtained from Council’s Engineering Department prior to any works commencing on the site.

(11) All disused or redundant vehicle crossings must be removed and replaced with kerb

and channel, naturestrip and footpath to the satisfaction of the Responsible Authority. A permit must be obtained from Council’s Engineering Department prior to the commencement of these works.

(12) The owner/developer is responsible for determining the location of any road

infrastructure or non-road infrastructure in the road reserve (e.g. pits, poles, water mains, gas mains, telecommunications cables etc.) that could be affected by the installation of the new crossovers or related works.

Any existing road infrastructure or non-road infrastructure located within or

adjacent to the new crossovers must be altered, relocated or reconstructed to the satisfaction of the Responsible Authority and/or the relevant utility provider or infrastructure manager at the expense of the owner/developer.

Engineering (13) Access to the site and ancillary road works must be constructed in accordance with

the requirements of the Responsible Authority. (14) An on-site stormwater drainage retention system must be installed on the subject

land to the satisfaction of the Responsible Authority. (15) The entire development site must be connected to the existing underground

drainage and sewerage systems to the satisfaction of the Responsible Authority. (16) The crossovers must be located and constructed to the satisfaction of the

Responsible Authority in accordance with plans approved by the Responsible Authority. The plans submitted must show all services within the road reservation including power poles, drainage pits, Telstra pits, trees, road humps, bus stops and any other road infrastructure or asset that may hinder or impact on the operation of the crossover.

P37/2015 – 26 Martin Street, Sunshine Attachment 5 (cont.) Multi Unit Residential Development (17) Provision must be made for a suitable structure or structures for receiving mail and

newspapers. Such area shall be kept clean and tidy. The structure shall include separate provision for each unit to receive papers.

(18) All service meters must be located in the front of the units in a location easily

accessible to the various authorities. (19) The electrical meter box/es must be within a suitable structure treated with

appropriate materials to positively contribute to the amenity of the area and be to the satisfaction of the Responsible Authority.

(20) All pipes, fixtures, fittings and vents servicing any building on the site must be

concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.

(21) The walls on the boundary of the adjoining properties shall be cleaned and finished

to the satisfaction of the Responsible Authority. (22) Provision must be made on the land for the storage of garbage and other solid

waste. This area must be graded and drained and screened from public view to the satisfaction of the Responsible Authority.

(23) Prior to the occupation of the dwellings hereby permitted all side, rear and internal

fencing must be a minimum height of 1.8m above the finished ground level (except where visibility splays are required toward the front of the site) and be in good condition to the satisfaction of the Responsible Authority. The owner of the subject land must pay all costs associated with the construction / modification of the fences (including materials), to the satisfaction of the Responsible Authority.

Time Limit (24) This permit will expire if one of the following circumstances applies:

(a) The development is not started within two years of the date of this permit, (b) The development is not completed within four 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 months afterwards for commencement, or (b) Within twelve months afterwards for completion.

Notes (1) This is not a Building Permit. Please consult a Building Surveyor and ensure that a

Building Permit is obtained prior to the commencement of works. (2) Building Surveyor Note: A siting assessment has already been undertaken and

therefore an assessment under Part 4 of the Building Regulations 2006 is not required.

(3) Approval must be obtained from Council’s Engineering Department (Phone: 9249

4430) for the construction or alteration of any vehicle crossings prior to the commencement of any works on the site.

P37/2015 – 26 Martin Street, Sunshine Attachment 5 (cont.) (4) Prior to any works commencing on site, an Asset Protection Permit must be

obtained from Council’s Engineering Department (Phone: 9249 4430). (5) A copy of this permit and the endorsed plans must be provided to all builders and

contractors who are to work on the site so that they are aware of the conditions to which this approval is subject.

(6) If there is a change in ownership or any change in detail of the payee for the

landscape bond, a ‘Transferral of Bond’ form can be obtained from Council’s City Planning Unit (9249 4606) ensuring the details of new payee of the landscape bond are transferred to the application.

(7) The permit holder/developer should be aware that the Aboriginal Heritage Act 2006

provides blanket protection for Aboriginal Cultural Heritage. If any suspected Aboriginal cultural material is located during works within the study area the following steps MUST be undertaken to ensure compliance with the Aboriginal Heritage Act 2006:

(a) All works within 25m of the relevant discovery area must cease immediately and if necessary protective fencing erected around the relevant site.

(b) The person making the discovery shall immediately notify OAAV and a Cultural Heritage Advisor.

(c) There is no RAP for the study area, however, the following Traditional Owner organisations should be advised. They are Wurundjeri Tribe Land Compensation and Cultural Heritage Council Inc, The Boon Wurrung Foundation Ltd, the Bunurong Land and Sea Association and the Bunurong Aboriginal Cooperation Land Council.

(d) While works are suspended the nominated project delegates and Cultural Heritage Advisor must evaluate the Aboriginal cultural heritage.

(e) An appropriately qualified Cultural Heritage Advisor must be engaged to record the findings and advise on possible management strategies.

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