city of kingston ordinary council meeting agenda 13 ... · kp-450/2010 422 station street bonbeach...

City of KingstonOrdinary Council Meeting

Agenda 13 December 2010

Notice is given that an Ordinary Meeting of Kingston City Council will be held at 7.00pm at theCheltenham Office, 1230 Nepean Highway, Cheltenham, on Monday 13 December 2010.

1. Apologies

2. Confirmation of Minutes of Previous MeetingsMinutes of Council Meeting 22 November 2010Minutes of Special (Statutory) Meeting 2 December 2010

3. Foreshadowed Declaration by Councillors or Officers of any Conflict of Interest [Note that any Conflicts of Interest need to be formally declared at the start of the meetingand immediately prior to the item being considered – type and nature of interest is required tobe disclosed – if disclosed in writing to the CEO prior to the meeting only the type of interestneeds to be disclosed prior to the item being considered.]

4. PetitionsParking in Byng Avenue, Heatherton

5. Presentation of AwardsSam Castello

6. Reports from Village CommitteesNone – no meetings were held in December

7. Reports from Delegates Appointed by Council to Various Organisations

8. Question Time

9. Environmental Sustainability Reports M 266 Town Planning Application Decisions – November 2010 Page 3M 267 KP315/10 – 49 McKay Street, Mordialloc 1M 268 KP417/10 – 1161 Nepean Highway, Highett Page 29 M 269 KP268/10 – 307 Nepean Highway, Edithvale Page 56M 270 KP345/10 – 278-286 Charman Road, Cheltenham Page 78M 271 KP735/09 – 1146-1148 Nepean Highway, Highett Page 96M 272 KP350/10 – 10 The Parade, Clarinda Page 153M 273 KP498/10 – 98-116 Cavanagh Street, Cheltenham Page 178M 274 Bradshaw Park Fence Review Page 276M 275 Draft Kingston Enforcement Protocol Policy Page 281M 276 Bald Hill Park, Clarinda – Request for Additional funding Page 284M 277 Delegation of Authority for CEO to approve Contract 10/123 – Mordialloc Creek

Maintenance Dredging and Associated Dewatering and Disposal Works Page 285M 278 Contract 10/130 – Beach Avenue, Mordialloc from Wells Road to Governor Road

– Road Construction Page 287

10. Community Sustainability ReportsM 279 Four year old Kindergarten Demand for 2011 Page 291

11. Organisational Development & Governance ReportsM 280 Expenditure of Ward Funds Schedule Page 295M 281 Assembly of Council Record Page 297M 282 MAV Recruitment Services Tender Evaluation Page 299M 283 Establishment of Delegated Planning Committee Page 302

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12. Corporate Services ReportsM 284 Mooring Issues Page 309M 285 Contract 09/72 Provision of Advertising and Media Services Page 311M 286 1230 Nepean Highway Lifts Upgrade Page 314M 287 Public Lighting Tender Page 317

13. Notices of Motion

14. Urgent Business

15. Items in CameraM 288 Request from Clayton Bowls Club for New Lease Terms Page 321M 289 Loan Finance tender Approval Page 326

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9. Environmental Sustainability Reports

M 266 Town Planning Application Decisions – November 2010

Approved by: Tony Rijs-General Manager, Environmental Sustainability

Author: Ian Nice – Manager, Planning

Attached for information is the report of Town Planning Decisions for the month ofNovember 2010.

A summary of the decisions is as follows:

Type of Decision Number of DecisionsMade

Percentage (%)

Planning Permits 67 84Notice of Decision 8 10Refusal to Grant a Permit 4 5Other - Withdrawn (0) - Prohibited (0) - Permit not required (0) - Lapsed (1)

1 1

Total 80 100

(NB: Percentage figures have been rounded)

Recommendation

That the report be noted.

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Planning Decisions November, 2010

APPL. No. PROPERTY ADDRESS SUBURBAPPL.DATE

DATEDECIDED

PROPOSALDESCRIPTION DECISION

VCATDECISIONS

KP-450/2010 422 Station Street BONBEACH 7/07/2010 30/11/2010TWELVE (12)DWELLINGS

PermitIssued NO

KP-697/2010 15 Pier One DrivePATTERSONLAKES 1/10/2010 30/11/2010

SINGLE DWELLING ONLAND DESIGNATEDLSIO

PermitIssued NO

KP-303/2010 8 Keamy Avenue CHELTENHAM 19/05/2010 29/11/2010 THREE (3) DWELLINGSPermitIssued NO

KP-379/2010 21 Rennison Street PARKDALE 18/06/2010 29/11/2010 TWO (2) DWELLINGSNotice ofDecision NO

KP-539/2010 7 Zephyr Place BONBEACH 17/08/2010 29/11/2010EIGHTEEN (18)DWELLINGS

PermitIssued NO

KP-857/2007/A 8-10 Bardoel Court

DINGLEYVILLAGE 6/05/2009 25/11/2010

ALTERATIONS ANDADDITIONS TO FOUR(4) DWELLINGS

PermitIssued NO

KP-758/2010 20 Palm Island CourtPATTERSONLAKES 21/10/2010 25/11/2010 JETTY REPLACEMENT

PermitIssued NO

KP-626/2010 17 Graham Road CARRUM 9/09/2010 24/11/2010FOUR (4) LOTSUBDIVISION

PermitIssued NO

KP-349/2010 66 Keith Street PARKDALE 1/06/2010 24/11/2010TWO (2) LOTSUBDIVISION Lapsed NO

KP-272/2010 1266 Nepean Highway CHELTENHAM 7/05/2010 24/11/2010

DEVELOP THE SITEFOR FOUR (4)DWELLINGS ON LANDDESIGNATED WITHINA SPECIAL BUILDINGOVERLAY

PermitIssued NO

KP-476/2010 507 Warrigal Road MOORABBIN 19/07/2010 24/11/2010 ADVERTISING SIGNPermitIssued NO

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KP-930/2008/A 37A Springs Road

CLAYTONSOUTH 2/07/2010 24/11/2010

LIQUOR LICENCE -AMENDMENT TOLIQUOR LICENCE REDLINE DRAWING

PermitIssued NO

KP-721/2009 1 Perry Street MOORABBIN 30/10/2009 24/11/2010 Three (3) DwellingsPermitIssued NO

KP-519/2008 10 Woods Avenue MORDIALLOC 29/05/2008 24/11/2010

THREE (3) DWELLINGSAND THREE (3) LOTSUBDIVISION

PermitIssued NO

KP-690/2005/A 397 Nepean Highway CHELSEA 29/09/2010 24/11/2010 THREE (3) DWELLINGS

PermitIssued NO

KP-664/2010 Unit 1 5 Fletcher Street MOORABBIN 17/09/2010 23/11/2010TWO (2) LOTSUBDIVISION

PermitIssued NO

KP-149/2009 8 William Street MOORABBIN 13/03/2009 23/11/2010TWO (2) DWELLINGS /TWO (2) LOT SUB

PermitIssued NO

KP-234/2010 26 Westley Street CARRUM 20/04/2010 23/11/2010 TWO (2) DWELLINGSPermitIssued NO

KP-668/2010 19 Houston Street MENTONE 24/09/2010 23/11/2010TWO (2) LOTSUBDIVISION

PermitIssued NO

KP-639/2010 5 Wolstenholme Gardens BONBEACH 14/09/2010 23/11/2010

DWELLING EXT. ONLAND DESIGNATEDLSIO

PermitIssued NO

KP-728/2010 50 Ella Grove CHELSEA 18/10/2010 23/11/2010

THREE (3) LOTSUBDIVISION /CREATE EASEMENT

PermitIssued NO

KP-752/2009 36 Jean Street CHELTENHAM 17/11/2009 23/11/2010THIRTY FOUR (34)DWELLINGS Refused NO

KP-145/2004/A 53 Naples Road MENTONE 5/08/2010 22/11/2010 THREE (3) DWELLINGS

Notice ofDecision NO

KP-677/2010 48 Blantyre Avenue CHELSEA 28/09/2010 22/11/2010THREE (3) LOTSUBDIVISION

PermitIssued NO

KP-665/2010 3 McIndoe Parade PARKDALE 17/09/2010 22/11/2010BOUNDARY RE-ALIGNMENT

PermitIssued NO

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KP-307/2010 1 16 Golden Avenue BONBEACH 21/05/2010 19/11/2010 TWO (2) DWELLINGSNotice ofDecision NO

KP-657/2010 137 La Perouse Boulevard BONBEACH 20/09/2010 19/11/2010

DWELLINGEXTENSION ON LANDDESIGNATED LSIO

PermitIssued NO

KP-534/2010 134 Collins Street MENTONE 11/08/2010 19/11/2010THREE (3) LOTSUBDIVISION

PermitIssued NO

KP-545/2010 27 Steedman Street MORDIALLOC 6/08/2010 19/11/2010TWO (2) LOTSUBDIVISION

PermitIssued NO

KP-680/2010 47 The Corso PARKDALE 30/09/2010 19/11/2010TWO (2) LOTSUBDIVISION

PermitIssued NO

KP-333/2010 85 Davey Street PARKDALE 1/06/2010 19/11/2010

CONSTRUCT SHED ONLAND DESIGNATEDSBO

PermitIssued NO

KP-649/2010 31 Warrigal Road MENTONE 16/09/2010 19/11/2010 BUILDINGS & WORKSPermitIssued NO

KP-409/2010 33 Munro Avenue EDITHVALE 28/06/2010 19/11/2010 TWO (2) DWELLINGSPermitIssued NO

KP-593/2010 426-431 Nepean Highway CHELSEA 30/08/2010 19/11/2010 ADVERTISING SIGNPermitIssued NO

KP-75/2006/D 93 Wells RoadCHELSEAHEIGHTS 12/03/2010 19/11/2010 CHANGE OF USE

PermitIssued NO

KP-781/2010 13 Westbridge Court WATERWAYS 1/11/2010 19/11/2010


PermitIssued NO

KP-447/2010 21-31 Malcolm Road BRAESIDE 7/07/2010 18/11/2010 BUILDINGS & WORKSPermitIssued NO

KP-522/2010 9 Matilda Road MOORABBIN 6/08/2010 17/11/2010 TWO (2) DWELLINGSPermitIssued NO

KP-741/2010 22 Mary Avenue EDITHVALE 18/10/2010 17/11/2010 DWELLINGEXTENSION ON LANDDESIGNATED SPECIAL

PermitIssued

NO

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BUILDING OVERLAY

KP-246/2010 1 Forest Park RoadDINGLEYVILLAGE 28/04/2010 17/11/2010 TWO (2) DWELLINGS


KP-397/2010 11 Reuben Street CHELTENHAM 23/06/2010 17/11/2010 TWO (2) DWELLINGSPermitIssued NO

KP-233/2010 157 Warrigal Road CHELTENHAM 21/04/2010 17/11/2010 TWO (2) DWELLINGSPermitIssued NO

KP-684/2010 29 Fourth Street PARKDALE 21/09/2010 17/11/2010

DWELLING EXT ONLAND DESIGNATEDSPECIAL BUILDINGOVERLAY

PermitIssued NO

KP-302/2010 15 Balcombe Road MENTONE 18/05/2010 17/11/2010

FOUR (4) STOREYMIXED USEDEVELOPMENTCOMPRISING ANOFFICE & TWENTY SIX(26) APARTMENTS (ASAMENDED)


KP-490/2010 648 South Road MOORABBIN 22/07/2010 16/11/2010

ADVERTISING SIGNAND ADDITIONAL CARPARKING SPACES

PermitIssued NO

KP-663/2010 44 Wetland DrivePATTERSONLAKES 15/09/2010 16/11/2010

SINGLE DWELLING ONLAND DESIGNATEDWITHIN A LANDSUBJECT TOINUNDATIONOVERLAY (LSIO)

PermitIssued NO

KP-432/2010 20A Winsome Street MENTONE 5/07/2010 16/11/2010TWO (2) LOTSUBDIVISION

PermitIssued NO

KP-693/2010221 Centre DandenongRoad CHELTENHAM 30/09/2010 16/11/2010

CONSTRUCT B&W(EXTENSION TO ADWELLING) ON LANDDESIGNATED WITHINA SBO

PermitIssued NO

KP-581/2010 17A Chandler Street PARKDALE 24/08/2010 16/11/2010MIXED USE -OFFICE/DWELLING

PermitIssued NO

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KP-324/2010 48 The Crescent HIGHETT 27/05/2010 16/11/2010 TWO (2) DWELLINGSPermitIssued NO

KP-591/2010 6 16-18 Turakina Avenue EDITHVALE 27/08/2010 15/11/2010DWELLINGEXTENSION

PermitIssued NO

KP-530/2010 3 74-80 Keys Road CHELTENHAM 10/08/2010 15/11/2010

CONVENIENCERESTAURANT(SUSHI/NOODLE BAR)

PermitIssued NO

KP-817/2009 14 MacGregor Street PARKDALE 9/12/2009 11/11/2010 TWO (2) DWELLINGSNotice ofDecision NO

KP-199/2010 35 Wordsworth AvenueCLAYTONSOUTH 9/04/2010 11/11/2010 FOUR (4) DWELLINGS


KP-609/2010Factory 1 20-28 LevanswellRoad MOORABBIN 2/09/2010 10/11/2010 BUILDINGS & WORKS

PermitIssued NO

KP-729/2009 426-466 Boundary RoadDINGLEYVILLAGE 6/11/2009 10/11/2010

REFUSE DISPOSAL -CLEAN FILL

PermitIssued NO

KP-731/2009 142-152 Kingston Road HEATHERTON 6/11/2009 10/11/2010 PLANT NURSERYNotice ofDecision NO

KP-395/2010 5 23 Swan Walk CHELSEA 21/06/2010 10/11/2010

CONSTRUCT ANEXTENSION TO ADWELLING (GARAGE)ON A LOT LESS THAN300sqm

PermitIssued NO

KP-567/2010 3 93 Wells RoadCHELSEAHEIGHTS 19/08/2010 10/11/2010

VARY CAR PARKINGREQUIREMENT

PermitIssued NO

KP-614/2010 294 Highett Road HIGHETT 3/09/2010 9/11/2010

CHANGE OF USE &REDUCTION IN CARPARKING

PermitIssued NO

KP-194/2010 1 Bona Vista Avenue ASPENDALE 8/04/2010 9/11/2010 SINGLE DWELLINGPermitIssued NO

KP-566/2010 190 Nepean Highway ASPENDALE 20/08/2010 9/11/2010

THREE (3) LOTSUBDIVISION /CREATE EASEMENT

PermitIssued NO

KP-556/2010 1 42 First StreetCLAYTONSOUTH 18/08/2010 9/11/2010

DWELLING EXT -GARAGE

PermitIssued NO

KP-659/2010 4 Chadwell Grove CHELSEA 15/09/2010 9/11/2010

TWO (2) LOTSUBDIVISION /CREATE EASEMENT

PermitIssued NO

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KP-704/2010 114 Devon Street CHELTENHAM 11/10/2010 9/11/2010TWO (2) LOTSUBDIVISION

PermitIssued NO

KP-706/2010 97 Rae Avenue EDITHVALE 5/10/2010 9/11/2010

CONSTRUCT B&W(DWELLING EXT) ONLAND DESIGNATEDWITHIN AN SBO

PermitIssued NO

KP-62/2010 12 Fifth Avenue ASPENDALE 9/02/2010 9/11/2010 TWO (2) DWELLINGSNotice ofDecision NO

KP-676/2010 14 Joan Street MOORABBIN 28/09/2010 9/11/2010

TWO (2) LOTSUBDIVISION ON LANDDESIGNATED WITHINA SPECIAL BUILDINGOVERLAY

PermitIssued NO

KP-368/2010 8 Plane Tree AvenueDINGLEYVILLAGE 11/06/2010 9/11/2010

ALTS TO EXISTINGWAREHOUSE/OFFICE

PermitIssued NO

KP-241/2010 7 Eel Race Road CARRUM 28/04/2010 8/11/2010 TWO (2) DWELLINGSPermitIssued NO

KP-437/2010394-400 Lower DandenongRoad BRAESIDE 5/07/2010 8/11/2010 BUILDINGS & WORKS

PermitIssued NO

KP-314/2010 37 Governor Road MORDIALLOC 24/05/2010 8/11/2010CHANGE OF USE -RETAIL Refused NO

KP-723/2010 32 Portland Place WATERWAYS 12/10/2010 8/11/2010


PermitIssued NO

KP-134/2010 23 Como Parade East MENTONE 12/03/2010 8/11/2010SEVENTEEN (17)DWELLINGS Refused NO

KP-160/2010 29 Glenola Road CHELSEA 24/03/2010 8/11/2010 THREE (3) DWELLINGSPermitIssued NO

KP-388/2010 543 Clayton RoadCLAYTONSOUTH 18/06/2010 8/11/2010 THREE (3) DWELLINGS


KP-116/2010 3B Kingston Road HEATHERTON 4/03/2010 5/11/2010

SEVENTY SIX (76)DWELLINGS - 5STOREY APARTMENTSTYLE DEVELOPMENTWITH A REDUCTION INCAR PARKINGREQUIREMENTS Refused NO

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KP-145/2010 58-60 Alex Avenue MOORABBIN 17/03/2010 1/11/2010 LIQUOR LICENCEPermitIssued NO

KP-153/2010 1 Avlona Street MORDIALLOC 19/03/2010 1/11/2010

INDUSTRIALDEVELOPMENT & TWOLOT SUBDIVISION

PermitIssued NO

KP-134/2009 Governor Road BRAESIDE 6/03/2009 1/11/2010REMOVAL OF NATIVEVEGETATION

PermitIssued NO

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M 267 KP315/10 – 49 McKay Street, Mordialloc

APPLICANT: LMR DesignADDRESS OF LAND: No. 49 McKay Street, Mordialloc (Lot 153 on PS011012)PROPOSAL: Two (2) Dwellings (retain existing dwelling and construct a

second dwelling to the rear)PLANNING OFFICER: Girija ShresthaREFERENCE NO: KP315/2010ZONE: Residential 3KINGSTON PLANNINGSCHEME ORDINANCECONTROLS:

State Planning Policy FrameworkClause 11.04: Metropolitan DevelopmentClause 11: SettlementClause 15: Built Environment and HeritageClause 16: Housing

Local Planning Policy FrameworkClause 21.05 MSS – Residential Land UseClause 22.05: Moorabbin Airport Environs PolicyClause 22.11: Residential Development PolicyClause 32.06: Residential 3 Zone & ScheduleClause 43.02: Design and Development Overlay – Schedule 5Clause 55: Two or More Dwellings on a LotClause 65: Decision Guidelines

RESIDENTIAL POLICYAREA:

Incremental Change Area

DECISION DATE BY: 14th November 2010STATUTORY DAYS: 65 days as of 19th November, 2010CONSIDERED PLANREFERENCES / DATERECEIVED

Amended plans received 31st August 2010

1.0 KEY ISSUES

1.1 The key planning issues arising from this proposal relate to: Neighbourhood character Amenity impact (internal and external)

2.0 PROPOSAL

2.1 It is proposed to retain the existing dwelling on site and construct a second dwelling to thenorth of the existing dwelling.

2.2 The existing dwelling is not proposed to be altered, except for changes to window and dooropenings.

2.3 The proposed second dwelling will comprise of porch, entry, bathroom, laundry, kitchen andfamily/meals area, living room and two bedrooms, one with courtyard at ground floor. Arear alfresco decking area is provided adjacent to the living area. At first floor it is proposedto provide a master bedroom with WIR and ensuite.

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2.4 The height of the proposed dwelling is 6.975 metres

2.5 A garage with dimensions of 5.7 by 6 metres is provided for dwelling 2. For dwelling 1, agarage with dimensions of 5.5 by 5 metres is provided.

2.6 It is proposed to utilise the existing crossover to access both dwellings.

2.7 Development summary:

Dwelling Floor Area(excludinggarage /verandah)

Private Open Space No. ofBedroomsproposed

No. of CarParking Spacesprovided

1 140m² 91.5m² 3 22 154m² 61.8m² 3 2

2.8 The proposal has an overall site coverage of 46.7 percent and a permeability percentage of35.5.

2.9 Development Assessment Table:

Criteria ResCode Requirement Proposed Development Provision

PrivateOpen Space

Incremental Housing Change requirements –Schedule to the Residential 3 Zone:40m2, located to the side / rear of thedwelling, achieving a minimum dimension of5 metresfor a 2 bedroom dwelling with convenientaccess from a living room. An additional20m2 is required for each additional bedroom,which achieves a minimum dimension of 3metres.

Dwelling 1: complies


Car ParkingTwo (2) car parking spaces for each three (3)or more bedroom dwelling, with one (1) spaceunder cover


Dwelling 2: complies FrontSetback

The average distance of the setbacks of thefront walls of the existing buildings on theabutting allotments facing the front street or 9metres, whichever is the lesser.

Dwelling 1: Not applicable (retainingexisting dwelling)

Dwelling 2: Not applicable.SiteCoverage

Maximum 50% - as per Schedule to theResidential 3 Zone

Site coverage is 46.7% and thereforecomplies

2.10 The proposed building materials, colours and finishes are summarised in the table below:

Roof: Corrugated colorbond ‘surfmist’ sheet roofingWalls: Dulex ‘snuggle pie’ renderedGarage doors Not nominated

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Windows: Powder coated aluminium – light ‘earth tones’ Driveways: Charcoal concreteFront fencing: 1.3m high paling fence (existing in good condition)Boundary fences: 1.6m high (west), 1.9m high (north) and 2m high (east) timber paling

fence

3.0 SITE & SURROUNDS

3.1 The subject site is located on the north side of McKay Street, Mordialloc. The site isrectangular in shape, with a frontage width of 15.24 metres, a maximum depth of 42.67metres, resulting in an overall area of approximately 650m².

3.2 The site has a fall to the rear of a minimum of 1.5 metres which appears to extend through tothe rear property at 48 Brownfield Street.

3.3 Vehicle access to the site is currently via a single width crossover located on the south eastside of the property frontage. The subject site does not contain any significant vegetation.

3.4 The site is currently occupied by a single storey dwelling and associated out buildings. Anexisting garage and storage sheds are located along the site’s eastern elevation.

3.5 The site is not encumbered by any easement.

3.6 The surrounding area is characterised by residential dwellings and multi unit developmentsof varying heights, densities and scales. A two storey dwelling is located directly to thenorth east of the subject site and the abutting site to the east at 51 McKay Street contains amulti unit development.

4.0 TITLE DETAILS

4.1 The Permit Applicant has completed the planning application form declaring that there is norestrictive covenant on the title.

5.0 PLANNING CONTROLS

5.1 The subject site is located within a Residential 3 Zone and is not subject to any overlayprovisions.

6.0 PLANNING PERMIT REQUIREMENTS

6.1 Pursuant to Clause 32.06 – Residential 3 Zone of the Kingston Planning Scheme, a PlanningPermit is required to construct two (2) or more dwellings on a lot.

7.0 RELEVANT HISTORY

7.1 Council records indicate that there is no relevant planning history relating to this site.

8.0 ADVERTISING

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8.1 The proposal was advertised by sending notices to adjoining and opposite property ownersand occupiers and by maintaining a notice on site for fourteen (14) days. Three (3)objections to the proposal were received. The valid grounds of objection raised aresummarised as follows:

Overlooking Visual bulk Driveway width Tree removal Neighbourhood character The reinstatement of the post to the fence and security fencing at construction stage

9.0 PRELIMINARY CONFERENCE

9.1 A preliminary conference was held on 19th September 2010 and attended by the objectors,applicants and Council officer. It was agreed at this meeting that the rear fence should beraised to 2.4 metres in height and that the applicant should submit an Arborist’s reportregarding the tree in the adjoining neighbours property.

9.2 The above concerns were unable to be resolved at the preliminary conference, and theobjections still stand.

9.3 The applicant has sent a revised elevation of dwelling 2 to objector and Council on 26th

October, 2010 agreeing following amendments:

Reduced entire dwelling height into the ground 100mm to reduce potential overlooking,visual bulk and overshadowing;

Reduced the deck height by 190mm (1 step down from living room) Fix 600mm of lattice above existing fence to create 1745mm of screening from living

room finished floor level

The objector further requested on 29th October, 2010 to increase the lattice to go up to900mm which applicant agreed on 3rd November, 2010.

10.0 REFERRALS

10.1 The application was referred to Moorabbin Airport who did not object subject to theinclusion of conditions.

10.2 The application was referred to the following internal departments within Council (whereappropriate amended applications have been re-referred):

Council’s Development Engineer who advised of no objection, subject to the inclusion ofa number of conditions on any permit issued;

Council’s Vegetation Management Officer who advised of no objection, subject to theinclusion of a number of conditions on any permit issued;

11.0 RELEVANT POLICIES

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11.1 State Planning Policy Framework (SPPF)

Clause 11.04: Metropolitan DevelopmentClause 11: SettlementClause 15: Built Environment and HeritageClause 16: Housing

11.2 Local Planning Policy Framework (LPPF)

Clause 21.05 (Residential Land Use)Clause 22.11 (Residential Development Policy)Clause 22.05 (Moorabbin Airport Environs Policy)

11.3 Zoning

The site is located in the following Zone:

Clause 32.06 (Residential 3 Zone)

11.4 Overlays

Clause 43.02 – Design and Development Overlay – Schedule 5 (Aviation Obstacle ReferralHeight Area 2) - A planning permit is required to construct a building or construct or carryout works, which exceeds 25 metres in height. The proposed development area is about7.5m above sea level; therefore, this overlay control does not apply in this instance.

11.5Particular Provisions

Clause 55 (Two or More Dwellings on a Lot & Residential Buildings)

11.6General Provisions

Clause 65 (Decision Guidelines)

11.7Other

11.8Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 –Residential Land Use of the LPPF)

The land is located within Area 25 of the Neighbourhood Character Guidelines. Theproposal is generally in accordance with the applicable character profile. The majorcharacteristics of the area include front landscaped gardens with low fences, and side andrear setbacks.

11.9Design Contextual Housing Guidelines (April 2003 – reference document within Clause 22.11– Residential Development Policy)

The Design Contextual Housing Guidelines offer a range of design techniques andsuggestions to assist with residential design, which is responsive to local character.

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It is considered that the proposed development does not raise any issues of non-compliancewith these guidelines.

12.0 PLANNING CONSIDERATIONS:

12.1 The State Planning Policy Framework sets out the relevant state-wide policies for residentialdevelopment at Clause 11 (Settlement), Clause 15 (Built Environment and Heritage) andClause 16 (Housing). Essentially, the provisions within these clauses seek to achieve thefundamental objectives and policy outcomes sought by the Metropolitan Strategy –‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have beenremoved from an individual clause and integrated throughout the State Planning PolicyFramework.

The settlement policies at Clause 11 seek to ensure a sufficient supply of land is availablefor all forms of land use in Victoria. Of particular relevance to housing, Clause 11promotes housing diversity and urban consolidation objectives in the established urbanrealm. Clause 11.02-1 states that Planning Authorities should plan to accommodateprojected population growth over at least a 15 year period, taking account of opportunitiesfor redevelopment and intensification of existing urban areas as well consideration beinghad for environmental aspects, sustainable development and the costs associated withproviding infrastructure. This clause states:

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

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

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

Clause 13 (Environmental Risks) aims to ensure that planning adopts a best practiceenvironmental management and risk management approach which aims to avoid orminimise environmental degradation and hazards. Further, planning should identify andmanage the potential for the environment, and environmental changes, to impact upon theeconomic, environmental or social well-being of society.

Clause 15 (Built Environment and Heritage) aims to ensure all new land use anddevelopment appropriately responds to its landscape, valued built form and cultural context,and protect places and sites with significant heritage, architectural, aesthetic, scientific andcultural value.

Housing objectives are further advanced at Clause 16. This Clause aims to encourageincreased diversity in housing to meet the needs of the community through different lifestages and respond to market demand for housing. In much the same vein as Clause 11, thisClause advances notions of consolidation of existing urban areas, particularly in and aroundactivity centres and employment corridors that are well served by all infrastructure andservices.

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The policies contained within Clause 16.01-4 encourage the provision of range of housingtypes to meet the increasingly diverse needs of the community. Emphasis is placed ondevelopment of well-designed medium density housing with respect to neighbourhoodcharacter. Further, this Clause aims to make better use of the existing infrastructure andprovide more energy efficient housing.

Policies pertaining to urban design, built form and heritage outcomes are found at Clause 15of the State Planning Policy Framework. Of particular significance, Clause 15.01encourages development to achieve high quality architectural and urban design outcomesthat contribute positively to neighbourhood character, minimises detrimental amenityimpacts and achieves safety for future residents, and the community, through good design.The provisions of Clause 15.02 promote energy and resource efficiency through improvedbuilding design, urban consolidation and promotion of sustainable transport.

It is submitted that the proposed development, as amended, satisfies the aforementionedState strategies and policy direction. Specifically, the subject site is located on landearmarked for residential purposes, whereby residential development is an ‘as of right’ useunder the zoning provisions. The development itself achieves an acceptable design outcomefor the site and its immediate abuttals, whilst enjoying convenient and direct access tocommunity facilities and the like, including public transport nodes.

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

3.1 Clause 21.05 - Residential Land use

The subject land is identified within an Incremental Housing Change area.

The type of housing change anticipated in these areas will take the form of extensions toexisting houses, new single dwellings or the equivalent of new two dwelling developmentson average sized lots. The existing single dwelling character of these areas is to be retained.

The objectives of the Municipal Strategic Statement (as relevant to this application) include:

Objective 1: To provide a wide range of housing types across the municipality toincrease housing diversity and cater for the changing needs of currentand future populations, taking account of the differential capacity oflocal areas in Kingston to accommodate different types and rates ofhousing change.

Objective 2: To ensure new residential development respects neighbourhoodcharacter and is site responsive, and that medium density dwellingsare of the highest design quality.

Objective 3: To preserve and enhance well landscaped/vegetated environments andprotect identified significant vegetation.

Objective 4: To promote more environmentally sustainable forms of residentialdevelopment.

Objective 5: To manage the interface between residential development andadjoining or nearby sensitive/strategic land uses.

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Objective 6: To ensure residential development does not exceed known physicalinfrastructure capacities.

Relevant strategies to achieve these objectives (as relevant to this application) include:

- Promote lower density housing in established suburban areas that do not have directaccess to activity/transport nodes and "encourage" only incremental change in housingdensity (incremental housing change areas). Such areas will retain their predominantlysingle dwelling character and incremental change will occur in the form of singledwellings or the equivalent of dual occupancy developments on average sized lots.

- Promote new residential development which is of a high standard, responds to the localcontext and positively contributes to the character and identity of the localneighbourhood.

- Promote new residential development which provides a high standard of amenity andquality of life for future occupants.

- Encourage the retention of existing vegetation wherever possible.- Improve landscape character by accommodating appropriate landscaping within new

residential developments.- Ensure that the planning, design, siting and construction of new residential development

responds to best practice environmental design guidelines for energy efficiency, wastand recycling, and stormwater management.

- Promote medium density housing development in close proximity to public transportfacilities, particularly train stations.

- Ensure the siting and design of new residential development sensitively responds tointerfaces with environmentally sensitive areas, including the foreshore.

- Ensure that where medium and higher density residential areas are proposed adjacent tolower density residential areas, the design of such development takes proper account ofits potential amenity impacts.

- Ensure that the siting and design of new residential development is consistent withUrban Stormwater Best Practice Environmental Management Guidelines and that newdevelopment contributes to the maintenance and upgrade of local drainage infrastructureas required, where such new development will impact on the capacity of suchinfrastructure.

- Require the provision of car parking to satisfy the anticipated demand having regard toaverage car ownership levels in the area, the environmental capacity of the local streetnetwork and the proximity of public transport and nearby on and off street car parking.

- Ensure that all new medium density housing provides adequate private open space that isappropriately landscaped.

It is considered that the proposed development is consistent with the relevant objectives ofCouncil’s Municipal Strategic Statement as outlined above. Subject to conditions, theproposal can create a good standard of amenity for the future occupants of each dwelling,and does not result in any unreasonable amenity impacts to occupants of existing dwellingsin the immediate area. It is considered that the development will respect the existingstreetscape character, and the broader local neighbourhood character. Further discussionregarding these items will be outlined later within this report.

3.2 Clause 22.11 – Residential Development Policy

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As outlined previously, the proposal is considered to generally comply and satisfy theapplicable Local Planning Policy Framework, which essentially aims to encourage well-designed medium density housing in appropriate locations.

Where a planning permit is required for residential development, where relevant, it is policyunder Clause 22.11 to:

- Encourage all new residential development to respond positively and creatively toneighbourhood character. Unless a preferred character is specified, the existing characteris that which is to be considered.

- In areas where building placement makes a major contribution to neighbourhoodcharacter, design new development to reinforce the established rhythm of buildings inthe street and retain the existing single dwelling character of the streetscape.

- Design duplex and side-by-side development to have a visual interconnection with thestreet rather than presenting merely as garages and front doors only. Staggered frontbuilding lines and variation in designs and materials should be used to avoid poor urbandesign impacts upon streetscapes.

Built form, siting and scale of development, it is policy, where relevant, to: - Encourage the two storey component of new medium density housing to be located

towards the front of a site. - Ensure that two storey dwellings are designed to respond to the character of the local

neighbourhood. Where the local neighbourhood is characterised by single storeydevelopment and this characteristic makes a major or critical contribution toneighbourhood character, new two storey development should incorporate rooms withinthe roof form of attic style dwellings, and should set the second storey building envelopeback from the ground level envelope.

- Ensure that any upper storey components towards the rear of sites are sensitivelydesigned to avoid unreasonable adverse amenity impacts on neighbours.

- Encourage well articulated and graduated elevations in order to avoid 'box-like' doublestorey designs, thus reducing visual bulk.

- Ensure that the siting of new buildings respects the amenity of adjoining neighbourswith regard to rear yards and garden outlooks from habitable living room windows.

- Ensure that the design and layout of new dwellings incorporate features which minimiseoverlooking of adjacent properties.

- Address potential overlooking through site layout planning as well as individualdwelling planning.

While the proposed development includes a two storey component to the rear, this secondstorey is accommodated within an attic style development to respect the predominant builtform in the area. The dwellings, while distinct from surrounding developments, have beensensitively designed with provision for landscaping to soften the built form. At the streetelevations, the second storey building envelope is not visible and represents as a singlestorey dwelling with a high pitched roof. It is therefore submitted that the proposal wouldsit comfortably within the established neighbourhood.

Car parking and vehicle access, it is policy, where relevant, to:

- Ensure that adequate on-site car parking is provided to meet the needs of future residentsand visitors and sited to reduce its impact on the streetscape.

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Performance measures - Locating garages or carports at the rear of dwellings fronting a street wherever possible. - Ensuring that where garages are located in the street elevation, they are set back a

greater distance than the front wall of the building. - Ensuring that garages and carports are sited so that a tandem car parking space can be

provided in front of the garage or carport. - Incorporating garages and carports within the main roof line of the dwelling.

Stormwater run-off mitigation and quality management, it is policy, where relevant, to:- Ensure that new residential development limits the impact of increased stormwater run-

off on drainage systems.

Performance measures On-site infiltration should be maximised by: - Wherever possible, using unpaved landscape areas or porous paving. - Where appropriate, constructing on-site stormwater detention with delayed release into

the stormwater drainage system. - Designing to limit the impervious area. - Incorporating on-site water re-cycling systems for stormwater run-off.

Clause 22.11 Residential Development Policy essentially extends upon the provisioncontained at Clause 21.05 (Residential Land Use) along with the State Planning PolicyFramework provisions found at Clause 14.02-2 – Settlement and Clause 16.02 – MediumDensity Housing, effectively promoting high-density development around activity centresand locations close to public transport.

In summary, the proposal is considered to be consistent with Council’s Local PlanningPolicy Framework and, importantly, it provides for an intensification of a lot within walkingdistance of a local shopping centre and has good access to public transport via bus routes.

Clause 22.11 – Residential Development Policy of the Kingston Planning Schemeencourages single dwellings or dual occupancy style developments on ‘average sized lots’within areas designated for Incremental Housing Change. Council’s Strategic PlanningDepartment undertook a study across the municipality in 2003 to identify any emergingpatterns with regard to average lot sizes. As such, six (6) areas were identified within themunicipality, each having their own ‘average lot size’ calculation.

The subject site is identified within Area 4 of this study. The average lot size within thisarea has been calculated to be 694.9m2, which results in a suggested development density of1 dwelling per 347.45m2. It is therefore considered that this proposal would generally meetthis strategy as the subject site has an area of 650 m2, resulting in 2 lot sizes of 325m2 whichis only marginally below the average lot size.

Furthermore, the proposal has been assessed against the objectives and policy of theResidential Development Policy and it is considered that the proposal satisfactorily meetsthese requirements.

12.2 Clause 22.05 – Moorabbin Airport Environs Policy

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Moorabbin Airport Environs Policy of the Kingston Planning Scheme take into account thepresent and future airport operations in accordance with the approved Australian NoiseExposure Forecast for Moorabbin Airport (approval date 16/04/98). It also consider theviews of the Commonwealth Department of Transport and Regional Services, unless in theopinion of the responsible authority the proposal satisfies requirements or conditionspreviously agreed in writing between the responsible authority and the CommonwealthDepartment of Transport and Regional Services. It is considered that the proposeddevelopment generally complies and satisfies this policy subject to inclusion of someconditions, which will be discussed later in this report.

12.3 Zoning Provisions

Clause 32.06: Residential 3 Zone: The Schedule to the Residential 3 Zone specifiesvariations to three standards of Clause 55 (ResCode), namely:

Standard B8 – Site Coverage: The local variation is nominated as a maximum of 50%.The proposed site coverage for the development is 46.7% and is consistent with theSchedule requirements.

Standard B28 – Private Open Space: The local variation requires an area of 40m2, withone part of the private open space to consist of secluded private open space at the side orrear of the dwelling or residential building with a minimum area of 40m2, a minimumdimension of 5 metres and convenient access from a living room. If a dwelling has morethan 2 bedrooms an additional ground level private open space area of 20m2 with aminimum width of 3 metres is required to be provided for each additional bedroom, with amaximum of 80m2 of private open space required for the dwelling.

The area and dimensions of private open space to each dwelling are in accordance with therequirements of the Schedule with dwelling 1 including 91.55 m2 of open space anddwelling 2 containing 61.8 m2 of open space.

Standard B32 – Front Fences: The local variation requires a front fence within 3 metres ofa street must not exceed 2 metres in height for streets in a Road Zone – Category 1 or 1.2metres in height for any other street.

Not applicable. No new front fence is proposed. The existing front fence is 1.3m hightimber paling fence, which is in good condition and Council Officer considers that theexisting fence is not required to reduce/replace in this instance.

12.4 Overlay Provisions

It is considered that the proposed development satisfies the overlay requirements.

13.0 CLAUSE 55 (RESCODE ASSESSMENT)

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The proposal has been assessed against the objectives and standards of Clause 55 (ResCode) of theKingston Planning Scheme (refer to attachment A). It is considered that the developmentlargely satisfies the requirements of ResCode and is a well-designed development. Thereappear to be the following areas of non-compliance, which are discussed below:

Standard B15 Parking Location

The car parking facilities are secure, reasonably close and convenient to the dwellings andare generally located at least 1.5 metres from any habitable room windows. The onlywindow of concern is to the easternmost bedroom of dwelling two, but this window islocated a minimum of 1.3 metres from the accessway and is constructed 650mm abovenatural ground level and included excellent opportunities for landscaping. The light glare tothis window will be minimised.

Standard B16 Parking Provision

A garage with dimensions of 5.7 by 6 metres is provided for dwelling 2. For dwelling 1, acarport with dimensions of 5.5 by 5 metres is provided. Whilst this length (5 metres) doesnot comply with the standard herein, the length is in line with the Australian Standardswhich requires a minimum of 4.9 metres. It is considered appropriate to allow a variation tothe standard of ResCode subject to this compliance with the Australian Standards as thereduction in length will assist greatly with the manoeuvrability of the northernmost carspace. This will allow both cars to exit the site is a forwards direction, and will allow agreater turning area for dwelling 2 as well.

Standard B22 Overlooking

Due to the slope of the land, opportunities for views are available from the rear north facingwindows at ground level and the decking to dwelling 2. Views are available into the rearprivate open space of 48 Brownfield Street. It is considered that these views are notreasonable. This issue was discussed at length at the preliminary conference. The applicantagreed, and we think it necessary, to include a condition requiring a lattice of 900mm heightabove the rear fence to be constructed. This will reduce the opportunity for unreasonableviews to the property to the rear. A condition of permit will require the 900mm lattice overrear fence to be constructed.

Standard B24 – Noise Impacts

Given that the site is located within Moorabbin airport flight path, it is consideredappropriate that a permit condition ensure that all the windows in habitable rooms are fittedwith double glazing in order to limit the level of noise entering into the dwellings. This canbe achieved via a condition being included on any permit issued.

Standard B27 Daylight to New Windows

All windows within the proposed development are generally located to face an outdoor spaceclear to the sky or a light court with a minimum area of 3 square metres. However, there arethree windows of note to dwelling 2. They are: two windows to the eastern elevation of theliving room and the southern window to the bedroom which then leads on to the enclosed‘cloistered’ courtyard.

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The two east facing windows to the living room are setback 1.054 metres from the easternboundary, but it is noted that the eaves above encroach into this setback. The windowstherefore do not have a minimum of 1 metre clear to the sky. It is considered reasonable toallow a variation in this instance as the living room contains a ’ wall of windows’ that facethe northern elevation which provide excellent access to daylight. Relatively, the easternwindows are decorative.

The south facing window to the bedroom is essentially a set of double doors that lead out tothe exclusive ‘cloistered’ courtyard. This room will not be provided with good access todaylight. The only window/double doors to the bedroom is south facing and also faces acourtyard with a maxim depth of 1 metre, into which the eave incurs by 500 mm. This is notan outcome that is appropriate; however, it is often the case that these circumstances cannotbe avoided in multi unit development. As a compromise, and a betterment to the lightsource for this dwelling, a reasonable amelioration would include the treatment of thesouthern wall of the courtyard (the northern wall of the garage) to be finished in a lightcolour that would ‘bounce’ the light back into this bedroom. A condition of any permit toissue could require this change.

Standard B30 Storage:

The dwellings are provided with storage facilities. The area of storage is not noted on theplans. It is considered that this can easily be provided through the inclusion of a suitablecondition on any permit issued.

14.0 RESPONSE TO GROUNDS OF OBJECTION

Overlooking (refer to section 13 of this report) Visual bulk & Neighbourhood character (refer to section 3.2 of this report)

Driveway width – the driveway width 2.75m to 2.83m for about 7.m in length. Thisconstrain is due to retention of existing dwelling and CouncilOfficer consider it will not have any unreasonable impact onexisting dwelling in this instance.

Tree removal – The Objector from No. 48 Brownfield Street showed the concernsabout the danger of trees at his property after construction ofproposed development. The applicant has submitted Abourist reportat the status/healthy situation of the two (2) trees at the 48Brownfield Street, which was forwarded to Council’s VegetationManagement Officer. Council Vegetation Management Officeragrees with the report and confirms there is no effect on the healthand structural integrity of the trees located in the adjoining property,both in the short and long term. The proposed development is awaymore than 3m from northern property boundary. Therecommendation provided by Arbourist in the report has beenincluded in the permit conditions, if any permit issued.

The reinstatement of the post to the fence and security fencing at construction stage –this will be dealt during building permit stage.

15.0 CONCLUSION

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15.1 The proposed development subject to the inclusion of suitable conditions on any permitissued is considered appropriate for the site as evidenced by:

The design and siting of the proposed development to be compatible with thesurrounding area; The proposal should not have a detrimental impact on surrounding properties(subject to appropriate conditions); and, The proposal generally satisfies the requirements of the Kingston PlanningScheme, including the MSS, Residential Development Policy (inclusive of theNeighbourhood Character Area Guidelines and the Designing Contextual HousingGuidelines), Residential 3 zoning and the Schedule to the zone, Clause 55 – Two ormore dwellings on a lot and Residential Buildings, and Clause 65 – Decision Guidelines(subject to appropriate conditions).

15.2 On balance and subject to the inclusion of suitable conditions, the proposal is consideredreasonable and warrants support.

16.0 RECOMMENDATION:

That a Notice of Decision to Grant a Planning Permit for the development of this site for two (2)dwellings be issued, subject to the following conditions:

1. Before the development starts amended plans to the satisfaction of the ResponsibleAuthority must be submitted to and approved by the Responsible Authority. Whenapproved, the plans will be endorsed and will then form part of the permit. The plans mustbe drawn to scale with dimensions and three copies must be provided. The plans must besubstantially in accordance with the plans submitted to Council on 31st August 2010, butmodified to show:

a. the provision of a landscape plan in accordance with the submitted development planand the City of Kingston Landscape Plan Checklist, with such plans to be prepared bya suitably qualified landscape professional and incorporating:

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

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

iii. all existing trees on the site and within three (3) metres to the boundary of the siteon adjoining properties, accurately illustrated to represent actual canopy width andlabelled with botanical name, height and whether the tree is proposed to beretained or removed;

iv. a range of plant types from ground covers to large shrubs and trees;

v. adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at1 metre intervals);

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vi. the provision of two (2) suitable medium sized (at maturity) canopy trees withinthe front setback of the property and one (1) small (at maturity) tree within theprivate open space area of each dwelling, with species chosen to be approved bythe Responsible Authority.

vii. sustainable lawn areas and plant species taking current water restrictions intoconsideration;

viii. all trees provided at a minimum of two (2) metres in height at time of planting;

ix. medium to large shrubs to be provided at a minimum pot size of 200mm;

x. the provision of notes on the landscape plan regarding site preparation, includingthe removal of all weeds, proposed mulch, soil types and thickness, subsoilpreparation and any specific maintenance requirements.

b. the provision of at least one (1) 2000 litre rainwater tank clearly nominated for eachdwelling with water re-use for toilet flushing;

c. the provision of a notation stating ‘the deck of dwelling 2 to be designed and constructedusing posts for the foundation;’

d. the provision of a notation stating ‘the overhanging branches over the proposeddevelopment by Cape Chestnut Tree (Calodendrum capense) located in the No.48Brownfield Street to be pruned, in accordance with the Australian Standards AS4373(2007) “Pruning of Amenity Trees” and be undertaken by a qualified and experiencedArborist;’

e. the provision of a notation stating ‘a root barrier to be installed at the full length of therear (north side) of the property boundary and to a depth of 600mm;’

f. the provision of a notation stating ‘ the tree protection zone (TPZ) area of Cape ChestnutTree (Calodendrum capense) and Yellow Gum Tree (Eucalyptus leuconxylon) locatedin the No. 48 Brownfield Street will not landscaped with non-permeable materials;’

g. the south wall of the courtyard (the northern wall of the garage to dwelling 1) nominatedas being finished in a light colour that would ‘bounce’ the light back into the bedroomof dwelling 2;

h. the provision of a double glazing to all habitable room windows of dwelling 2;

i. the provision of a new 900mm high, boxed, lattice fence extension attached securely tothe top of the fence along the site’s north (rear) and part of it’s west (side) propertyboundary, commencing at the site’s north-west corner and continuing through to thebathroom wall of dwelling 2;

j. the reduction of entire height of dwelling 2 by 100mm;

k. the reduction of the deck height of dwelling 2 by 190mm;

l. the provision of a 6m3 storage facility provided for each dwelling;

m. the nomination of double carport for dwelling 1 instead of a double garage, with thefront door provided to this facility;

n. the guttering pertaining to the garages / walls on boundary on the site’s eastern andwestern property boundaries nominated as being contained wholly within the titleproperty boundaries of the subject land;

o. the surface material of all driveways / accessways and car parking spaces nominated in

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all-weather coloured concrete sealcoat, or similar;

p. the provision of a full colour, finishes and building materials schedule (includingsamples) for all external elevations and driveways of the development;

q. the provision of landscaping along the site’s east (side) property boundary wherepossible;

r. the landscape bed on the sit’s east (side) property boundary, opposite the carport fordwelling 1 increased to a width of 1.5m and tapered down either side;

s. the provision of additional landscaping between the fence surrounding the rear privateopen space of dwelling 1 and the driveway/accessway; and

t. the provision of a panel lift door to the garage of dwelling 2.

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

3. Prior to the occupation of the dwelling 2 hereby permitted, the landscaping works as shownon the endorsed plans must be completed to the satisfaction of the Responsible Authority.The landscaping must then be maintained to the satisfaction of the Responsible Authority.

4. Prior to the occupation of the dwelling 2 hereby permitted, all buildings and works and theconditions of this permit must be complied with, unless with the further prior writtenconsent of the Responsible Authority.

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

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

7. Stormwater works must be provided on the site so as to prevent overflows onto adjacentproperties.

8. Prior to the occupation of the dwelling 2 hereby permitted, or by such later date as isapproved by the Responsible Authority in writing, the nature strip, kerb and channel, vehiclecrossover and footpath must reinstated to the satisfaction of the Responsible Authority.

9. Any existing vehicular crossing not in accordance with the endorsed plan must be removedand the kerb reinstated in a manner satisfactory to the Responsible Authority and anyproposed vehicular crossing must be fully constructed to the Responsible Authority’sstandard specification.

10. Prior to the occupation of the dwelling 2 hereby permitted, all boundary fences must berepaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at thecost of the applicant/owner.

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11. Prior to the occupation of the dwelling 2 hereby permitted, areas set aside for parkingvehicles, access lanes and paths as shown on the endorsed plans must be:

a. Constructed to the satisfaction of the Responsible Authority.

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

c. Surfaced in an all weather coloured concrete seal-coat, to the satisfaction of theResponsible Authority.

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

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

12. All works on or facing the boundaries of adjoining properties must be finished and surfacecleaned to a standard that is well presented to neighbouring properties in a manner to thesatisfaction of the Responsible Authority.

13. Conditions required by Moorabbin Airport Corporation (MAC):

Prior to the issue of a Statement of Compliance for the subdivision of this land the Owner ofthe land must enter into an Agreement with the Responsible Authority under Section 173 ofthe Planning and Environment Act 1987 to provide for:

(a) (..the owner..) or any successor in Title agrees to insert a clause in any contract of salefor the land, that:

i) The land may be affected by the aircraft noise associated with the operations ofMoorabbin Airport. Applicants should make their own enquiries about approved NoiseAustralian Exposure Forecast contours and must comply at their own expense with anynoise attenuation measures required by Section 3 of the Australian Standard AS2021 -1994, Acoustics - Aircraft Noise Intrusion Building Siting and Construction issued byStandards of Australia.

ii) The AS2021 standard also notes that in areas considered more suitable for residentialdevelopment some occupiers may still be severely affected by aircraft noise.

iii) The applicant shall take cognizance of any potential increase or change to air trafficpatterns and air traffic volumes as outlined in the Approved Master Plan for MoorabbinAirport.

iv) All residential dwellings and other buildings accommodating sensitive uses on the sitemust comply with Australian Standard AS2021 - 1994, Acoustics - Aircraft NoiseIntrusion Building Siting and Construction as required by the Development Plan.

v) Upon completion of each dwelling on the site, a certificate must be provided signed byan appropriately qualified acoustic consultant certifying that the building complies withAustralian Standard AS2021 - 1994, Acoustics - Aircraft Noise Intrusion BuildingSiting and Construction. The certificate must be to the satisfaction of the ResponsibleAuthority."

14. All piping and ducting above the ground floor storey of the development (other thanrainwater guttering and downpipes) must be concealed to the satisfaction of the ResponsibleAuthority.

15. All external surfaces of the building elevations must be finished in accordance with theschedule on the endorsed plans and maintained in good condition to the satisfaction of theResponsible Authority.

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16. Finished Floor Levels shown on the endorsed plans must not be altered or modified withoutthe prior written consent of the Responsible Authority.

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

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

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

The development is not completed within one (1) year from the commencement ofworks.

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

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

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

Note: Before removing / pruning any vegetation from the site, the applicant or any contractorengaged to remove any vegetation, should consult Council’s Vegetation ManagementOfficer to verify if a Local Laws Permits is required for the removal of such vegetation.

Or

Should Council resolve not to support the application, that a Notice of Refusal toGrant a Permit be used on the following grounds:

1. The proposal would have an adverse affect or the amenity of the area.

2. The proposal constitutes an over-development of the site.

3. The proposal fails to satisfy all of the requirements of Clause 55 of the KingstonPlanning Scheme (ResCode), in particular Clause 55.02-1 Neighbourhood Character;Clause 55.02-2 Residential Policy Objectives, Clause 55.03-9 Access Objectives,Clause 55.03-10 Parking Locations Objectives, Clause 55.04-8 Noise ImpactsObjectives, Clause 55.05-5 Daylight to New Windows Objectives, and Clause 55.04-6 Overlooking Objective.

4. The proposal does not satisfy Clause 22.11 – Residential Development Policy ofKingston Planning Scheme.

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M 268 KP417/10 – 1161 Nepean Highway, Highett

APPLICANT RPC ArchitectsADDRESS OF LAND No. 1161 Nepean Highway, Highett (Lot 12 on PS 7771) PROPOSAL Eighteen (18) Dwellings within a Three (3) Storey Building with

a basement carpark, and to Alter and Construct an Access toRoad Zone Category 1

PLANNING OFFICER Jennifer Pippo Author: Elizabeth WickhamREFERENCE NO. KP417/10RELEVANT STATEPLANNING POLICYFRAMEWORK

Clause 11: SettlementClause 13: Environmental RisksClause 15: Built Environment and HeritageClause 16: HousingClause 18: TransportClause 19: Infrastructure

RELEVANT LOCALPLANNING POLICYFRAMEWORK

Clause 21.03: Land Use Challenges for The New MillenniumClause 21.04: VisionClause 21.05: Residential Land Use

Clause 22.11: Residential Development PolicyClause 22.17: Highett Activity Centre Policy

ZONE Clause 32.01: Residential 1 Zone

OVERLAYS Clause 43.02: Design and Development Overlay, Schedule 12

PARTICULARPROVISIONS

Clause 52.29: Land Adjacent to a Road ZoneClause 55: Two or More Dwellings on a Lot & ResidentialBuildings

GENERAL PROVISIONS Clause 65: Decision GuidelinesRESIDENTIAL POLICYAREA

Increased Housing Diversity

CONSIDERED PLANREFERENCES/DATERECEIVED

TP01 to TP11, Issue A (inclusive) – date stamped by Council 26August 2010

1.0 KEY ISSUES RELATING TO THIS APPLICATION

Traffic considerations (access, parking, and broader traffic impact) Neighbourhood Character and Urban Design (scale and built form in neighbourhood

context) Amenity impact (internal and external)

2.0 SITE DETAILS

2.1 The subject site comprises a rectangular parcel of land zoned for residentialpurposes on the north-east side of Nepean Highway, Highett, one allotment south of TurnerRoad.

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2.2 The site adjoins the Nepean Highway service road.

2.3 The site enjoys a 20.12 metre frontage to Nepean Highway, and a length of 50.29metres to its north-west and south-east property boundaries. The site has a total area of1011.8m2.

2.4 The site is currently occupied by a single storey brick veneer dwelling andassociated outbuildings. The land does not contain any significant vegetation.

2.5 Vehicle access to the site is currently provided via a single width crossover fromNepean Highway.

2.6 The typography of the land can be described as predominately flat, with a slopeof approximately 2 metres towards its rear property boundary.

2.7 A 1.52 metre wide drainage easement extends along the length of the rearproperty boundary.

3.0 ADJOINING PROPERTIES & SURROUNDS

3.1 The aerial photograph provided below provides an illustrative analysis of theSubject Land and surrounding environs.

3.2 The subject site is within a Residential 1 Zone (R1Z), as is all adjoining land tothe north-west, south-east and north-east. Nepean Highway, adjoining to the south-west, isidentified in a Road Zone, Category 1 (RDZ1). Land across Nepean Highway to the south-west is a developing residential opportunity site known as the former Gas and Fuel site,zoned Residential 1 Zone (R1Z), and further south, the Moorabbin Justice Centre, zonedPublic Use Zone 7 (PUZ7).

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3.3 Land surrounding the subject site to the north-west, south-east and north-east ischaracterised by multi-dwelling developments of one and two storeys. Development of thisnature is typical of surrounding land to the east side of Nepean Highway. The wider areaencompasses a mix of land uses and associated developments, comprising of civic buildingsand the developing residential area opposite the site on the west side of Nepean Highway,commercial developments including within the Highett Road shopping precinct to the north-west, recreational areas within the Sir William Fry Reserve to the south-west, and SouthlandShopping Centre, offering a range of goods and services, is within 800 metres to the south.

3.4 The following provides further detail on development immediately adjoining the subjectsite:

North-West:

Land abutting to the north-west (side) is developed with a multi-dwelling developmentcomprising four (4) single storey dwellings fronting the south side of Turner Road (Nos.1-4,1159 Nepean Highway). The area immediately adjacent to the subject site forms thesedwellings’ rear secluded private open space areas. The dwellings are set back a minimum of1.7 metres from the shared property boundary.

North-East:

Land abutting the subject site’s rear property boundary comprises an irregular shapedallotment developed with a double storey dwelling, forming one of three double storeydwellings fronting the south side of Turner Road (No.1/2 Turner Road). The rear of thedwelling is sited at an angle to the subject site, and is set back between 0.3-7.0 metres fromthe shared boundary, with part of this area forming the dwelling’s rear secluded private openspace.

South-East:

Land abutting the site’s south-east (side) property boundary is developed with a multi-dwelling development comprising eight (8) dwellings, six (6) of which are double storey,and two (2) at the rear of the site are single storey (Nos.1-8, 1163-1165 Nepean Highway).Four (4) dwellings are sited directly adjacent to the subject site with their secluded privateopen space adjoining the shared property boundary. The dwellings are set back between1.0-4.4 metres from the shared boundary.

South-West (Across Nepean Highway):

On the opposite side of Nepean Highway’s approximate 60 metre width is a large civicbuilding known as the Moorabbin Justice Centre, and the developing residential opportunitysite, formerly known as the Gas and Fuel Site.

3.5 Given the site’s location on Nepean Highway and the periphery of theCheltenham Principal Activity Centre, the site has excellent access to a range of localservices and facilities. The site is located approximately 650 metres from Highett RailwayStation.

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4.0 TITLE DETAILS

4.1 There appear to be no covenants or Section 173 Agreements registered on theCertificate of Title.

5.0 PROPOSAL

5.1 It is proposed to construct eighteen (18) dwellings on this site, within a three (3)storey building with basement car park. Further details of the proposal include:

The building would be set back a minimum of minimum of 4.5 metres from NepeanHighway to the vertical timber feature blade panel. The front façade of the building,however, (taking account of balcony projections) achieves a set back of 6.5 metres atground level, 5.015 metres at first floor level, and 7.5 metres at second floor level.

The ground level would accommodate eight (8) dwellings, two (2) of which would alsooccupy first floor level. The first floor level would accommodate an additional six (6)dwellings. The second floor level would accommodate an additional four (4) dwellings.

The proposed dwelling mix would comprise: 4 x 1-bedroom 14 x 2-bedroom

Note: The study provided to Dwelling 3.4 would have a floor area of 4.8m², which isbelow the commonly held 7.5m² required to be considered for a bedroom.Consequently, the study has not been considered as a bedroom for the purposes of theOfficer’s assessment.

A total of 21 car spaces are proposed for the development within a basement car park.The car spaces would be designated as follows – 18 spaces for dwellings, and 3 visitorcar spaces.

4 resident bicycle bays would be provided within the basement car park. Waste (6 x 240ltr wheelie bins) and recycling (11 x 240ltr wheelie bins) areas provided

within basement car park. The main entrance to the building would be provided at ground floor level, at the centre

of the building’s Nepean Highway frontage. Vertical access through the developmentwould be provided via a lift, which would access basement through to second floor level,located on the south-east side of the building, and three stairwells at the front, centre andrear of the building. The stairwell at the front and rear of the building would provideaccess to all levels, while the stairwell at the centre of the building would provide accessto ground through to second floor level only.

The existing single crossover from Nepean Highway would be removed and the kerbreinstated. A new, 5.5 metre wide crossover would be provided from Nepean Highwayat the site’s southern corner, providing vehicle access to a concrete driveway and rampto the basement car park along the site’s south-east property boundary. A passing lanewould be provided at the site entrance.

The dwellings would be provided with private open space in the form of ground levelcourtyards ranging from 8.0m² to 41.8m² in area for the dwellings at ground level, andbalconies for the dwellings at the upper levels ranging from between 8.0m² to 15.2m² inarea. The areas of private open space for each of the dwellings are provided with directaccess from their respective living area.

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Landscaping opportunities have been provided within the front setback of thedevelopment, and around the perimeter of the building within the ground leveldwellings’ private courtyard areas.

The proposed development achieves a maximum height of 10.2 metres. The building would be contemporary in appearance, with a flat roof, and varying

external materials, finishes and colours, including feature stone and timber cladding,painted concrete and lightweight cladding, and timber horizontal screening.

5.2 Development Assessment Table

Criteria ResCode Requirement Proposed Development ProvisionPrivateOpenSpace

An area of 40m2, with one part of the privateopen space to consist of secluded private openspace at the side or rear of the dwelling with aminimum area of 25m2, a minimumdimension of 3 metres and convenient accessfrom a living room; OR

A balcony of 8 square metres with aminimum width of 1.6 metres and convenientaccess from a living room; OR

A roof-top area of 10 square metres with aminimum width of 2 metres and convenientaccess from a living room.

The proposed dwellings’ areprovided with between 8.0 to 41.8square metre courtyards orbalconies with a minimum width of1.6 metres, which satisfy theprovisions for private open spacewith respect to apartment-styledwellings of this nature.

Complies.

CarParking

One (1) car parking space for one (1) or two(2) bedroom dwelling

One (1) visitor car space per five (5)dwellings.

Each dwelling is provided with one(1) car space in accordance withthe Standard.

Three (3) visitor car parking spaceshave been provided in accordancewith the Standard.

Complies.

FrontSetback

The same distance as the setback of the frontwall of the existing building on the abuttingallotment facing the front street or 9 metres,whichever is the lesser.

The development should be setback a minimum of 7.1 metres, inaccordance with the Standard. Thedevelopment is proposed to be setback a minimum of 4.5 metres tothe vertical timber feature bladepanel.

Refer to ResCode Assessment fordiscussion.

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SiteCoverage

Maximum 60% - as per ResCode Site coverage is 63.5% andtherefore exceeds this Standard.



6.1 The Subject Site is located within a Residential 1 Zone (R1Z).

6.2 The Subject Site is affected by Design Development Overlay Schedule 12(DDO12).

6.3 Nepean Highway is identified in a Road Zone Category 1 (RDZ1).


7.1 Pursuant to Clause 32.01-1 (Residential 1 Zone), a planning permit is notrequired to use the site for residential purposes.

7.2 Pursuant to Clause 32.01-4 (Residential 1 Zone), a planning permit is requiredto construct two or more dwellings on a lot.

7.3 Pursuant to Clause 43.02 Design and Development Overlay, Schedule 12(DDO12), a planning permit is required to construct a building or construct and carry outworks. New development must comply with the Design Objectives and Standards set out inthe Table to the Schedule for Area H5. Buildings and works should not exceed themaximum building height set out in the Table to this Schedule for Area H5 (i.e. 11 metres).

The following Design Standards listed in the Table are applicable to this development:

On sites (comprising one or more lots) of greater than 1,000sqm and with a frontage ofgreater than 20 metres buildings and works should not exceed a maximum height of 11.0metres (comprising 3 storeys). The preference is for residential apartment styledevelopments on larger consolidated lots, rather than villa units or townhouses.

Where sites are consolidated new development must be setback a minimum of 6 metresfrom the front property boundary.

New development must be setback from side and rear boundaries to provide greaterside and rear setbacks than the standards of Clause 55 of this Scheme. Setbacks are toprovide for substantial landscaping and to preserve the amenity of adjoining residences.

Car parking spaces be provided primarily within new developments rather than atground level, in order to maximize the opportunity to use ground level areas forlandscaping, and communal open space.

The proposed development is considered to generally comply with the Design Standardsoutlined above, as the building would comprise an apartment-style development of threestoreys in height (achieving a maximum height of 10.2 metres); the main façade of thebuilding is to be set back a minimum of 6.5 metres at ground level (excluding the vertical

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timber feature blade panel – refer to Clause 55 assessment within this report) from the frontproperty boundary; the development provides for side and rear setbacks in excess of Clause55; and, the car parking for the development is provided within a basement car park, ratherthan at ground level. However, it is noted that the first floor component of the developmentcantilevers over the ground floor achieving a minimum front setback for the development inthe order of 5.015 metres, which encroaches within the 6.0 metres setback requirements ofthe DDO12. A permit condition is recommended to address this issue, which is alsodiscussed within the ResCode assessment found later within this report.

7.4 Pursuant to Clause 52.29 (Land Adjacent to a Road Zone, Category 1), aplanning permit is required to construct or alter an access to a Road Zone Category 1.


8.1 Council records indicate that the following Planning Permits have been issuedfor the site:

Planning Permit No.KP676/08 was issued by the City of Kingston on 16th April, 2009, todevelop the site for three (3) dwellings.

Planning Permit No.KP18/2010 was issued by the City of Kingston on 29th March, 2010,for the subdivision of the land into three (3) lots and common property.

The permits are currently live; however neither permit has been acted upon at this stage.

9.0 ADVERTISING

9.1 Prior to advertising, the Permit Applicant submitted revised plans on 26 August2010 that essentially sought to address some of the concerns outlined within the PlanningOfficer’s further information letter. It is these plans that formed part of the advertisingdocumentation.

9.2 The proposal was advertised by sending notices to adjoining and oppositeproperty owners and occupiers and by maintaining a notice on site for fourteen (14) days.Nine (9) formal objections to the proposal were received. The valid grounds of objectionraised are summarised as follows:

Buildings height / Neighbourhood Character / Visual Bulk; Insufficient car parking and increased traffic; Vegetation removal / Insufficient landscaping; Overlooking from windows, balconies and external staircases within development; Overshadowing; Noise impact – from courtyards and balconies, and vehicle access ramp; and Excessive site coverage.


10.1 A preliminary conference was held on 20 October 2010, with the relevantPlanning Officer, one (1) Ward Councillor, two (2) representatives for the Permit Applicant,

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and seven (7) objectors in attendance. The above-mentioned issues were discussed atlength.

10.2 While some resolution in relation to some of the areas of concern was achievedat the preliminary conference, the primary concerns relating to street parking, andheight/neighbourhood character/visual bulk were unable to be resolved, and still stand.

11.0 REFERRALS

11.1 The following internal and/or external referral departments were notified:

VicRoads Council’s Development Engineer Council’s Traffic Department Council’s Vegetation Management Officer Council’s Environmental Sustainability Officer Council’s Waste Management Department Council’s Urban Design Officer

11.2 The above-mentioned referral authorities have no objection to the proposal,subject to conditions being included on any permit issued. The following sections of thisreport will further elaborate on comments received from both internal and external referralauthorities, where relevant.






Clause 22.11: Residential Development PolicyClause 22.17: Highett Activity Centre Policy

12.3 Particular Provisions

Clause 52.29: Land Adjacent to a Road ZoneClause 55: Two or More Dwellings on a Lot & Residential Buildings

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12.4 General Provisions

Clause 65: Decision Guidelines

12.5 Neighbourhood Character Area Guidelines (Incorporated Document withinClause 21.05: Residential Land Use)

The subject site is located within Profile Area No. 7 of Council’s Neighbourhood CharacterGuidelines, which encompasses a large, anomalous, shaped area that incorporates the north-east side of Nepean Highway, south of Wickham Road, west of Chesterville Road, and northof Karen Street. The profile identifies windows on corners and porches as characterelements which make a ‘major’ contribution to neighbourhood character in the precinct.

The development is contemporary in appearance, proposing a flat roof, and varying externalmaterials, finishes and colours, including feature stone and timber cladding, painted concreteand lightweight cladding, and timber horizontal screening. While the main entrance to thebuilding is provided with an entry porch, the development does not feature corner windows.

It should be noted that the development site is situated in a Residential 1 Zone within theHighett Activity Centre, with an arterial road address. The character of the area isconsequently eclectic in appearance, comprising a mixture of single and double storeyforms, flat and pitched roofs, detached dwellings with generous setbacks and buildings builtto boundaries. Given the strong policy support for increased residential densities within thearea, it is envisaged that the character of the area will further evolve from the moretraditional housing styles to more contemporary forms of development, including apartment-style developments, consistent with what is proposed in this instance. It is thereforeconsidered that the proposed development design, including proposed building materials, isacceptable within the neighbourhood context.

12.6 The Design Contextual Housing Guidelines offer a range of design techniquesand suggestions to assist with residential design, which is responsive to local character.

The Guidelines tend to focus on the design of multi-unit developments, and are not veryinformative in the consideration of larger scale apartment buildings of this nature. For thisreason, an assessment against the suggestions contained within the Guidelines has not beenprovided for this proposal.

13.0 RELEVANT PLANNING POLICIES IN DETAIL:

13.1 State and Local Planning Policy Framework

The State Planning Policy Framework sets out the relevant state-wide policies for residentialdevelopment at Clause 11 (Settlement), Clause 13 (Environmental Risks), Clause 15 (BuiltEnvironment and Heritage), Clause 16 (Housing), Clause 18 (Transport), Clause 19(Infrastructure). The SPPF requires Council to integrate the range of policies relevant to theissues to be determined and to balance conflicting objectives in favour of net communitybenefit and sustainable development.

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Clause 11 (Settlement) seeks to ensure that a sufficient supply of land is available forhousing, employment, recreation and open space, commercial and community facilities andinfrastructure.



Clause 16 (Housing) encourages the provision of housing diversity (including affordablehousing), that has access to services and be planned for long term sustainability. It alsoseeks to ensure the efficient provision of supporting infrastructure.

Clause 18 (Transport) encourages the development of an integrated and sustainable transportsystem that provides access to social and economic opportunities, facilitates economicprosperity, contributes to environmental sustainability, coordinates reliable movements ofpeople and goods, and is safe.

Clause 19 (Infrastructure) aims to ensure that the development of social and physicalinfrastructure is provided in a way that is efficient, equitable, accessible and timely.

It is submitted that the subject proposal is consistent with the aforementioned Statestrategies and policy direction. Specifically, the subject site is located on a land zoned forresidential purposes. The development itself is considered to achieve an acceptable standardof urban design (subject to permit conditions as discussed in the latter sections of this report)and the site enjoys convenient and direct access to community facilities.

13.2 Local Planning Policy Framework

The Local Planning Policy Framework (LPPF) contains Council’s strategic direction, the MunicipalStrategic Statement (MSS), which is an extension of the direction established by the SPPF, and thelocal policies that implement the LPPF.

The following five (5) Clauses within Kingston’s LPPF are submitted as being the most relevant tothe consideration of the proposal:

Clause 21.03: Land Use Challenges for The New Millennium Clause 21.04: Vision Clause 21.05: Residential Land Use

Clause 22.11: Residential Development Policy Clause 22.17: Highett Activity Centre Policy

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After reviewing the relevant strategic directions that emerge from the abovementioned Clauses, thefollowing can be summarised:

Clause 21.03: Land Use Challenges for The New Millennium identifies the need for theMunicipality to provide suitable housing stock that meets future housing demands and to sustainan appropriate mix of supporting urban infrastructure. It is further stated that recent pressuresfor new development, consolidation and medium density housing has resulted in change to theamenity and character of local areas. It is acknowledged that careful management will berequired in order to integrate urban consolidation objectives with an understanding of specificcharacter issues applicable to certain neighbourhoods.

Within Clause 21.04-3: Strategic framework plan (Clause 21.04 Vision), provides for thestrategic direction for future land use planning and development within the City of Kingston.This Policy includes a Strategic Land Use Framework Plan, which identifies the location ofwhere specific land use outcomes are anticipated, supported and promoted.

The major strategic directions identified on the overall Framework Plan include:

o Locations for promotion of medium and higher density housing opportunities i.e.areas designated for increased density housing opportunities and activity centres.

The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the KingstonPlanning Scheme, seeks to provide guidance to development in residential zoned land, mixeduse zoned lands and land within activity centres. The Residential Land Use Framework Planillustrates the range of housing outcomes sought across the City of Kingston.

Pertinent to the consideration of this application, the policy goes on to state that “The visionfor Kingston’s residential areas outlined in the Kingston Residential Strategy - September 2000is: to promote and facilitate both increased local housing diversity to meet the changinghousing needs of the community and increased liveability within an integrated planningframework. The MSS seeks to promote medium density housing in locations better suited toaccommodating housing change and to moderate the rate and type of housing change in otherlocations”.

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

o To provide a range of housing types across the municipality to increase housingdiversity and cater for the changing housing needs of current and future populations,taking account of the capacity of local areas in Kingston to accommodate different typesand rates of housing change. This is to be achieved through encouraging residentialdevelopment within activity centres via mixed-use development, and on transitional sitesat the periphery of activity centres.

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

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

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

o To ensure residential development does not exceed known physical infrastructurecapacities.

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

Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning Policy atClause 12.06, stressing the need to encourage urban consolidation in appropriate locations andto accommodate projected population increases.

Clause 22.11 Residential Development Policy extends upon the provision contained atClause 21.05 (Residential Land Use), effectively promoting high-density developmentaround activity centres and locations close to public transport.

Where a planning permit is required for residential development, the following policyshould be applied:

Housing Change, it is policy, where relevant, to:o Encourage increased residential densities and a wider diversity in housing types

and sizes in areas which are within convenient walking distance of publictransport and activity centres. These areas are identified for ‘increased housingdiversity’ on the Residential Framework Plan within the MSS.

Response: The proposed development provides for eighteen (18) one and two-bedroomdwellings, in a location that is designated for ‘increased housing diversity’ and on theperiphery of the Highett Principal Activity Centre. The site has excellent access to arange of local services and facilities, and is located approximately 650 metres fromHighett Railway Station. The principle of providing smaller dwelling types in an areawith such superior access to social and physical infrastructure is encouraged under localplanning policy.

Neighbourhood Character, it is policy, where relevant, to:

o Apply the Kingston Neighbourhood Character Guidelines – August 2007 in theconsideration and assessment of local neighbourhood character in Kingston.

o Ensure that new development is responsive to the character elements identified inthe Kingston Neighbourhood Character Guidelines – August 2007, particularlythose identified as making a major or critical contribution to neighbourhoodcharacter.

o Encourage all new residential development to respond positively and creativelyto neighbourhood character. Unless a preferred character is specified, the existingcharacter is that which is to be considered.

Response: As discussed at Section 12.5 of this report, it is considered that the proposeddevelopment design, subject to conditions as is discussed later in this report, is

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acceptable within the neighbourhood context. The issue of neighbourhood character andthe appropriateness of the 3-storey apartment-style development is explored in greaterdepth in the assessment against Clause 55 (ResCode) of the Kingston Planning Scheme,and the ‘Response to Grounds of Objection’ at Section 15 of this report.

Site landscaping, it is policy, where relevant, to:o Encourage the retention of existing semi-mature and mature canopy trees

wherever possible. o Unless significant existing vegetation is to be incorporated as part of a

redevelopment, encourage the planting of semi-mature canopy trees withspreading crowns in front setbacks and open space areas, with at least one semi-mature tree with a spreading canopy provided in the front setback area.

Response: None of the existing vegetation on the site has been identified as worthy ofretention by Council’s Vegetation Management Officer. The Officer has assessed theplans submitted with the application and provided recommendations regardinglandscaping of the site which will be included as permit conditions, should a permitissue. The proposal is therefore considered satisfactory in this regard.

Built form, siting and scale of development, it is policy, where relevant, to: o Encourage the two storey component of new medium density housing to be

located towards the front of a site. o Ensure that any upper storey components towards the rear of sites are sensitively

designed to avoid unreasonable adverse amenity impacts on neighbours. o Encourage well articulated and graduated elevations in order to avoid 'box-like'

double storey designs, thus reducing visual bulk. o Ensure that the siting of new buildings respects the amenity of adjoining

neighbours with regard to rear yards and garden outlooks from habitable livingroom windows.

o Ensure that the design and layout of new dwellings incorporate features whichminimise overlooking of adjacent properties.

o Address potential overlooking through site layout planning as well as individualdwelling planning.

Response: While the proposed building provides building setbacks in excess ofResCode requirements and enabling opportunities for some degree of landscapingaround the perimeter of the building, and the upper levels of the development have beenarticulated through the use of a variety of building materials, colours, and fenestrationpatterns which serve to reduce visual bulk, it is considered that further modifications tothe design are required in order to ensure that the building would sit more comfortablywithin the neighbourhood context, and reduce its impact on the amenity of adjoiningdwellings. It is acknowledged that the third level of the development has been ‘nested’within the level below, however the extent of these setbacks at the sides and rear of thebuilding (ranging from 0.5 - 3.5 metres) are considered to be of little value in reducingits visual impact when viewed from neighbouring properties. Similarly, the sidesetbacks of the building are largely hard surfaced for the purposes of vehicle access,external staircases and paved courtyard areas to the ground level dwellings, thus further

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reducing the ability for landscaping to assist in softening the built form. As such, permitconditions are recommended to significantly reduce the extent of the third storey, and toincrease the buildings’ setback from the south-east property boundary, primarily in orderto improve the visual amenity of those existing dwellings abutting the site to the south-east, and to reduce the proposal’s shadowing impact. This issue is discussed in greaterdetail in the following Clause 55 (ResCode) assessment.

Further, there appear to be some habitable room windows and balconies within thedevelopment that have not been screened, thus permitting unencumbered views towardsexisting dwellings. Permit conditions are recommended to address this issue, as isdiscussed in the following Clause 55 (ResCode) assessment.

Car parking and vehicle access, it is policy, where relevant, to:o Ensure that adequate on-site car parking is provided to meet the needs of future

residents and visitors and sited to reduce its impact on the streetscape.

Performance measures

o Locating garages or carports at the rear of dwellings fronting a street whereverpossible.

o Ensuring that where garages are located in the street elevation, they are set backa greater distance than the front wall of the building.

Response: The development provides one (1) on-site car space per dwelling, and three(3) visitor car spaces, consistent with the requirements of Clause 55 of the KingstonPlanning Scheme (ResCode).

On-site car parking for the development has been provided within a basement car park.The siting of the entry to the basement car park over 20 metres from the street frontageensures that this aspect of the development does not form a dominant feature within thestreetscape.

Stormwater run-off mitigation and quality management, it is policy, where relevant,to:

o Ensure that new residential development limits the impact of increasedstormwater run-off on drainage systems.


On-site infiltration should be maximised by:

o Wherever possible, using unpaved landscape areas or porous paving. o Where appropriate, constructing on-site stormwater detention with delayed

release into the stormwater drainage system. o Designing to limit the impervious area. o Incorporating on-site water re-cycling systems for stormwater run-off.

Council’s Development Engineers have reviewed the proposal and made specificrecommendations regarding stormwater treatments which will be made conditions of anypermit issued.

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Overall, the proposal is considered to be consistent with Council’s Local Planning PolicyFramework. Importantly, the proposal delivers on specific objectives relating to newresidential development, which seek to encourage well-designed medium density housing inappropriate locations as well providing diversity in housing choice to assist in meeting theanticipated future population forecasts. Modifications to the proposal as required by permitconditions will ensure that the proposed development will be appropriate within theneighbourhood context, and will not unduly affect the amenity of existing dwellings.

The purpose of Clause 22.17 Highett Activity Centre Policy is to implement theHighett Structure Plan, 2006, which provides a preferred future pattern of developmentin the Highett area. It guides land uses, level of activity, forms of buildings and accessarrangements that are encouraged throughout the area in the future.

Where a permit is required for the development of land within the policy area, whererelevant, it is policy to:

o Ensure new development recognises the character of Highett’s establishedresidential areas.

o Maximise development opportunities on vacant and underutilised land whichresponds to the urban quality, proximity to transport and activity centres.

o Encourage well-designed medium density residential redevelopment indesignated preferred medium density residential areas.

o Promote a diverse range of housing types and sizes within areas identified forincreased residential and mixed use development.

The subject site is identified within ‘Precinct 2: Preferred Medium Density ResidentialAreas’, where in addition to the general policies, in the Preferred Medium DensityResidential Areas Precinct it is policy to:

o Support the development of contemporary medium density housing in the formof well designed apartment developments rather than villa unit and town housestyle developments.

o Promote development with a maximum of three storeys on consolidated lots.o Encourage site consolidation.

The proposed three-storey apartment-style development is considered to be in accordancewith these policy objectives.


Clause 52.29: Land Adjacent to a Road Zone

The primary purpose of this Clause is ‘to ensure appropriate access to identified roads’.As Nepean Highway is identified as a Road Zone Category 1, and a new 5.5 metrecrossover is proposed to be created with the existing access removed, a planning permitis required. As such, the proposal was referred to VicRoads (the relevant road authority)for comment. VicRoads advised of no objection to the proposal, and no permitconditions were required. Accordingly, it is considered that the proposal provides forappropriate vehicle access to the adjoining road network.

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

It is acknowledged that the provisions of Clause 55 (ResCode) of the Kingston PlanningScheme apply in this instance. Accordingly, the proposal has been assessed against theobjectives and standards of this Clause and it is considered that the development largelysatisfies the requirements of ResCode and, in general, is site responsive.

It is important to note that a development must meet all of the objectives of this Clause,and should meet all of the standards of this Clause.

There are some variations sought to some of the Standards found within Clause 55, thesenamely relate to the following:

Standard B1: Neighbourhood character Standard B6: Street setback Standard B7: Building height Standard B8: Site coverage Standard B10: Energy efficiency Standard B15: Parking location Standard B21: Overshadowing Standard B22: Overlooking Standard B30: Storage

The ‘Planning Consideration’ section of this report will further elaborate on the aboveitems where concessions are being sought.

14.0 PLANNING CONSIDERATIONS AND ASSESSMENT OF KEY ISSUES

Prior to delving into the discussion below, it should be recognised that the subject Land issuitable for development and both the State and Local Planning Policy Framework supportthis notion with the site being earmarked as an ‘increased housing diversity’ area.

Council must determine whether the proposal would achieve an “acceptable” outcomehaving regard to the applicable policies, decision guidelines and the provisions of theKingston Planning Scheme.

The following provides a discussion of the areas of non-compliance, as identified above.

Clause 55.02 – Neighbourhood Character

Standard B1 – Neighbourhood Character

The Standard requires that the design response must be appropriate to the neighbourhoodand the site, and that the design respect the neighbourhood character and respond to thefeatures of the site. Whilst there is strong policy support for building form of this kind,having regard to the site’s location within the Highett Activity Centre, it is considered thatfurther modifications are required to ensure that the building will sit more comfortablywithin its surrounds.

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Whilst it is acknowledged that the wider area is characterised by an eclectic mix of buildingforms (having regard to the site’s arterial road address and opposite the former Gas and Fuelsite), it is considered that the neighbourhood context of this site should be read in terms ofits immediate surrounds. Nepean Highway, in this location, has a width of over 60 metres,and therefore provides a significant break in the built form environment. As describedearlier, the subject site is essentially surrounded by multi-dwelling developments of one andtwo storeys. The proposed three-storey apartment style building would be the first of itskind in this area. It is therefore considered that the building parameters and objectivesoutlined within the Highett Activity Centre policy and Design and Development Overlay,Schedule 12, must be suitably balanced with those considerations relating to the existingneighbourhood character. Council Officers consider that the extent of the third floorfootprint is excessive, and does not provide for the sympathetic, gradual change necessary toensure that the existing neighbourhood character is respected. Its over 40 metre lengthdown the site is considered to result in building height and bulk that is foreign within theneighbourhood. It is therefore recommended that the third level be significantly reduced byway of permit conditions, through the deletion of Dwellings 3.2 and 3.3.

Clause 55.03 - Site Layout and Building Massing

Standard B6 – Street Setback

In accordance with the Standard, the development should be set back a minimum of 7.1metres from the street frontage. The proposed development would achieve a minimum setback a minimum of 4.5 metres to the vertical timber feature blade panel; however the mainfaçade of the building is set back further at 6.5 metres at ground level, 5.015 metres at firstfloor level and 7.5 metres at second floor level. As the setback distance is not consistentwith the minimum 6.0 metre setback specified under Design and Development Overlay,Schedule 12 (DDO12), it is recommended that the first floor level be set back a minimumdistance of 6.0 metres (excluding the vertical timber blade panel) from the site’s frontproperty boundary via a condition on any permit issued. Such a condition will ensure thatan acceptable transition between the adjoining developments and compliance with theDDO12 is achieved. The proposed front setback of the development subject to conditions istherefore considered to be satisfactory, and will appear consistent with the prevailingbuilding setbacks in the immediate area.

Standard B7 – Building Height

The proposed development would achieve a maximum building height of 10.2 metres, inexcess of the 9 metre height specified under the Standard. The height is consistent with theprovisions within the Highett Activity Centre Policy, which encourages apartment-styledevelopments of up to three storeys and up to a maximum height of 11 metres. Subject tothe inclusion of a permit condition reducing the extent of the third level (as discussedabove), the height of the proposal is considered acceptable.

Standard B8 – Site Coverage

The development proposes a site coverage of 63.5 percent, in excess of the 60 percentmaximum specified under the Standard. Apartment-style developments of this nature are

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encouraged in this location under the Highett Activity Centre policy, which typically resultin higher site coverage than townhouse style dwellings. Given that the variation is relativelyminor, and modifications to comply with the Standard would have a negligible impact onthe appearance of the development, the variation is considered acceptable.

Standard B10 – Energy Efficiency

The Standard states that buildings should be oriented to make use of solar energy. Whilstthe majority of dwellings within the development have a reasonable solar orientation,Dwellings 1.6 and 1.7 on the ground floor, and Dwelling 2.5 at first floor, are oriented to thesouth-east.

Having regard to the dwelling yield proposed, on balance, it is considered that the proposalachieves a high standard of energy efficiency, and the proposal is considered acceptablesubject to a condition requiring the submission and approval of an Ecologically SustainableDesign (ESD) report which provides details of measures taken to improve the buildings’performance. The report will be reviewed by Council’s Environmental SustainabilityOfficer.

Standard B15 – Parking Location

In order to reduce the impact of vehicular noise, shared accessways should be set back aminimum of 1.5 metres from habitable room windows, where the window sills are at least1.4 metres above the accessway. Accordingly, the habitable room windows of Dwellings1.7 and 1.8 adjacent to the vehicle access ramp, should be provided with acoustic glazing. Acondition of permit is recommended to this effect.

Clause 55.04 – Amenity Impacts

Standard B21 – Overshadowing

The extent of shadow cast by the proposed development towards the adjoining properties tothe south-east (Nos.1/1163, 2/1163 and 3/1163 Nepean Highway) and their secluded privateopen space, is considered unreasonable. The shadow diagrams submitted with theapplication demonstrate that the shadow cast by proposed development would affect theadjoining dwellings by 1pm (22 September), and by 3pm, the entire parcels of secludedprivate open space, and much of the dwellings, would be shadowed. The proposal fails tocomply with Standard B21, which requires 75 percent of the secluded private open space ofan existing dwelling should receive a minimum of 5 hours of sunlight between 9am and 3pmon 22 September.

Accordingly, a permit condition is recommended to increase the building setbacks from thesite’s south-east property boundary to ensure that the proposal will comply with theminimum requirements of Standard B21.

Standard B22 – Overlooking

A number of habitable room windows and balconies at the upper levels of the developmentare not shown to be screened, in accordance with the requirements of the Standard, thus

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enabling views into existing dwellings secluded private open space and habitable roomwindows. As such, a permit condition will require the following windows to be screened tocomply with the Standard:

South-East elevation: Living room windows Dwelling 2.5; Living room windows Dwelling3.4.

North-East elevation: Bedroom 2 windows Dwelling 1.4; Dining room windows Dwelling2.4.

North-West elevation: Study window Dwelling 3.4.

NOTE: A permit condition is not included to screen the north-east (rear) balconies ofDwellings 3.2 and 3.3, the north-west (side) dining room windows of Dwelling 3.2, nor thesouth-east (side) dining room windows of Dwelling 3.3, as these dwellings arerecommended for deletion as discussed in the above neighbourhood character assessment.

Clause 55.05 – On-site Amenity & Facilities

Standard B30 – Storage

While the floor plans show the provision of storage facilities within the basement, these arenot allocated to the dwellings, nor are the storage capacity of the units specified. A permitcondition is recommended to ensure that the storage facilities are allocated to the dwellings,and that the storage units have a minimum capacity of 6m³.


As outlined in the objections received by Council and as discussed in detail at thepreliminary conference meeting held between all parties, there appear to be seven (7) keyelements that are of concern to objectors, pertaining to this application. Specifically, thegrounds of objection relate to:

Buildings height / Neighbourhood Character / Visual Bulk; Insufficient car parking and increased traffic; Vegetation removal / Insufficient landscaping; Overlooking from windows, balconies and external staircases within development; Overshadowing; Noise impact – from courtyards and balconies, and vehicle access ramp; and Excessive site coverage.

These concerns are discussed, in turn, below:

15.1 Buildings height / Neighbourhood character / Visual bulk

The zoning of the land as Residential 1 together with the site’s designation within Area H5within the Highett Activity Centre Policy will undoubtedly result in a transition in thecharacter of this area from more traditional, lower scale housing forms to buildingsaccommodating higher density residential development. Indeed, there is clear policy

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support contained in the State and Local Planning Policy Frameworks for redevelopment ofthis site and the wider area for more intense residential development which may resultsubstantial change to the urban fabric over time.

As previously touched upon within this report, it is considered that the scale of the building,and in particular the extent of its upper-most (3rd) storey, is excessive, and a permitcondition is recommended to delete Dwellings 3.2 and 3.3 in order to ensure that the 3rd

level is introduced to the neighbourhood in a more sympathetic manner, and reduces thevisual impact of the proposal when viewed from neighbouring properties.

While a satisfactory level of articulation has been achieved at the front and side elevationsof the development through a variety of building materials, textures, heights, balconyprojections and fenestration patterns, it is considered that further detailing should beprovided to the buildings’ north-east (rear) elevation in order to reduce the perception ofvisual bulk. A permit condition is recommended to require a combination of buildingmaterials and/or colours to break up the elevation.

15.2 Insufficient car parking and increased traffic

A number of residents have submitted that the proposal will result in increased traffic andparking difficulties within the vicinity of the site. Accordingly, the application has beenconsidered by Council’s Traffic Department.

Council’s Senior Traffic Engineer advised that the proposal is expected to generate 6 tripsper household per day, with approximately 10 percent of all daily trips occurring in each ofthe AM and PM peak hours. This translates to a total of around 114 trips per day with 11trips in each of the morning and evening peak hours. Whilst it was acknowledged that theconfiguration of the intersection of Turner Road and Nepean Highway is undesirable from avehicle safety perspective, it was advised that these design flaws are not the responsibility ofthe applicant and the subject proposal itself would “not have any profound impact on theroad network”. As such, Council Officers are satisfied that the traffic volume generated bythe proposal can satisfactorily be accommodated, and will not have an adverse impact on theexisting road network.

Objectors were concerned that the proposal provided inadequate vehicle parking to meet theneeds of future residents and their visitors. In accordance with the requirements of StandardB16 (Parking provision) of Clause 55 of the Kingston Planning Scheme, the proposalgenerates a requirement for twenty-one (21) on-site vehicle spaces, inclusive of three (3)visitor car spaces, which the subject proposal provides. Accordingly, the proposedprovision for car parking is deemed acceptable. Further, it should be noted that the deletionof Dwellings 3.2 and 3.3 as discussed above, will ensure that the proposal provides two (2)car spaces in excess of the Standard.

Council’s Traffic Department have undertaken a thorough assessment of the basementcarpark access and layout, and have provided specific recommendations which have beenaddressed by the advertised plans dated 26 August 2010 or will otherwise be satisfiedthrough the inclusion of planning permit conditions. As mentioned previously, VicRoads didnot raise any concerns in relation to vehicle access, and therefore this aspect of the proposalis considered satisfactory.

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It is therefore considered that subject to conditions, the proposal will not unduly affect theexisting traffic and parking conditions experienced in this location.

15.3 Vegetation removal / Insufficient landscaping

One objector was concerned about the removal of vegetation from the subject site.Council’s Vegetation Management Officer has conducted a site inspection and has not notedany of the existing vegetation as being worthy of retention. The officer has recommendedpermit conditions relating to replacement planting and details to be included on a landscapeplan. These will be included should a permit issue.

15.4 Overlooking from windows, balconies and external staircase within development

As discussed in the previous assessment against Clause 55 (ResCode), a number of windowsand balconies within the development require screening to ensure that the privacy ofadjoining dwellings is safeguarded. Permit conditions are recommended to ensure that thismatter is addressed.

The issue of loss of privacy from the external staircase on the south-east side of the buildingwas discussed in detail at the preliminary conference. The applicant advised that thestaircase was not a mandatory building requirement; rather that it had been proposed toprovide an alternative emergency exit for residents. It is therefore recommended that apermit condition require the staircase be deleted, and the area utilised as additional secludedprivate open space for Dwelling 1.6. This in turn, would result in greater opportunities forlandscaping in this location, thus softening the visual impact of the building when viewedfrom properties adjoining the site to the south-east.

15.5 Overshadowing

To save repetition, this issue has been discussed in the above Clause 55 (ResCode)assessment. Permit conditions are recommended to reduce the shadowing impact of theproposal on existing dwellings adjoining to the south-east of the subject site.

15.6 Noise impact – from courtyards and balconies, and vehicle access ramp

Whilst it is acknowledged that the level of resident noise may increase as a consequence ofthe location of ground level courtyards and upper floor balconies, the noise generated wouldbe of a residential nature, and therefore is not considered to be unreasonable. It should benoted that the first floor screening proposed would result in some degree of noiseattenuation.

However, it was agreed at the preliminary conference that the ground level access to thecourtyard for Dwelling 1.5 could be relocated to the north-east (rear) elevation, in order toreduce any impact of resident noise on the adjoining dwelling. This is consideredreasonable, especially as the wider area of secluded private open space for this dwelling islocated along the rear property boundary, with an improved solar orientation. A permitcondition is therefore recommended to ensure this modification.

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With respect to the location of the vehicle access ramp, the applicant agreed at thepreliminary conference that an acoustic fence could be provided along the south-eastproperty boundary in this location. A permit condition is therefore recommended to thiseffect.

15.7 Excessive site coverage

As discussed in the previous Clause 55 (ResCode) assessment, the proposal achieves a sitecoverage in excess of the 60 percent maximum specified under the Standard. To saverepetition, please refer to this section for discussion.

16.0 CONCLUSION

16.1 For reasons discussed within this report, it is submitted that the proposal besupported subject to the adoption of the recommended permit conditions to ensurethat the proposed development achieves a high quality design, achieves good internalamenity as well as responding appropriately to the site and its immediate interfaces.

16.2 The basis of this recommendation to support the proposed development isevidenced by:

The design and siting of the proposed development to be compatible with thesurrounding area (subject to the inclusion of conditions as discussed within thereport);

Suitability of the site for higher density residential development having regard tothe policy context and applicable planning provisions;

In general, acceptability of the built form of the proposed development,specifically in regard to height;

Consideration of any external amenity impacts; Adequacy of internal amenity; Consideration of the provision of car parking (to dwellings and visitors) and

traffic related matters; The proposal generally satisfies the requirements of the Kingston Planning

Scheme, including the State and Local Planning Policy Framework, Residential 1Zone, Overlay controls, the relevant Particular Provisions and Clause 65 -Decision Guidelines (subject to appropriate conditions).

16.3 On balance and subject to the inclusion of suitable conditions, the proposal isconsidered reasonable and warrants support.


That Council resolve to issue a Notice of Decision to Grant a Permit for the development of this sitefor eighteen (18) dwellings, and to Alter and Construct an Access to a Road Zone Category 1,subject to the following conditions:

19. Before the development starts amended plans to the satisfaction of the ResponsibleAuthority must be submitted to and approved by the Responsible Authority. Whenapproved, the plans will be endorsed and will then form part of the permit. The plans must

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be drawn to scale with dimensions and three copies must be provided. The plans must besubstantially in accordance with the plans submitted to Council on 26th August, 2010, butmodified to show:

a. the provision of a landscape plan in accordance with the submitted development planand the City of Kingston Landscape Plan Checklist, with such plans to be prepared by asuitably qualified landscape professional and incorporating:

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

ii) the delineation of all garden beds, paving, grassed areas, retaining walls, fencesand other landscape works including areas of cut and fill throughout thedevelopment;

iii) all existing trees on the site and within three (3) metres to the boundary of thesite on adjoining properties, accurately illustrated to represent actual canopywidth and labelled with botanical name, height and whether the tree isproposed to be retained or removed;

iv) a range of plant types from ground covers to large shrubs and trees;

v) adequate planting densities (e.g.: plants with a mature width of 1 metre, plantedat 1 metre intervals);

vi) the provision of two (2) suitable medium sized (at maturity) native canopytrees within the front setback of the property with species chosen to beapproved by the Responsible Authority.

vii) sustainable lawn areas and plant species taking current water restrictions intoconsideration;

viii) all trees provided at a minimum of two (2) metres in height at time ofplanting;

ix) medium to large shrubs to be provided at a minimum pot size of 200mm; and

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

b. the deletion of Dwellings 3.2 and 3.3 on the second floor plan, with no increase in thebuilding footprint of any levels;

c. the building setbacks to the south-east property boundary increased in order to reducethe shadow impact on the adjoining properties at No.1163 Nepean Highway to complywith the requirements of Standard B21 (Overshadowing) of Clause 55 of the KingstonPlanning Scheme. Shadow diagrams must be submitted to clearly demonstrate thiscompliance;

d. the front setback on the first floor level to be increased to a minimum of 6.0 metres withno further reduction in the size or width of the balconies provided to Dwellings 2.1 and2.6;

e. the provision of acoustic glazing to the habitable room windows of Dwellings 1.7 and1.8 along the south-east elevation adjacent to the vehicle access ramp;

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f. the car parking spaces within the basement car park to be allocated to individualdwellings;

g. the storage areas within the basement car park to be allocated to individual dwellings,and nominated with a minimum storage capacity of 6m³. Note – the car spaces withabutting storage areas must be allocated to the same dwelling;

h. the external staircase on the south-east side of the building deleted, with this areaprovided as additional secluded private open space for Dwelling 1.6.

i. the internal arrangement of Dwelling 1.5 reconfigured to provide access from the livingarea of this dwelling to the north-east (rear) elevation, with any access to the south-east(side) elevation deleted;

j. the provision of an acoustic fence along the south-east side of the vehicle access ramp;

k. removal of the lattice fence extension along the north-west boundary fence where itadjoins No.4/1159 Nepean Highway;

l. the following windows screened in accordance with Standard B22 (Overlooking) ofClause 55 of the Kingston Planning Scheme:

South-East elevation: Living room windows Dwelling 2.5; Living room windowsDwelling 3.4.

North-East elevation: Bedroom 2 windows Dwelling 1.4; Dining room windowsDwelling 2.4.

North-West elevation: Study window Dwelling 3.4.m. the provision of a cross-section of the fixed external screening to windows and

balconies, demonstrating no more than 25 percent transparency;

n. the ramp widths clearly indicated in accordance with the requirements of the AS/NZS2890.1 : 2004;

o. the provision of a longitudinal section demonstrating headroom over the proposed rampof at least 2.1 metres measured as per Fig 5.3 of AS2890.1;

p. the installation of a convex mirror at the bottom of the ramp;

q. the provision of alternative textures, colours, and/or materials to further articulate thenorth-east (rear) elevation;

r. the surface material of the driveway / accessway leading to the basement car parknominated in all-weather coloured concrete sealcoat, or similar;

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

t. the location of all externally-located heating and cooling units, exhaust fans and the like,clearly shown;

u. the provision of a fully dimensioned security door nominated for the basement car park,including operational details;

v. all bicycle parking spaces dimensioned in accordance with Australian Standard AS2890.3 1993 Parking facilities Part 3: Bicycle parking facilities; and

w. a notation on the floor / site plan(s) stating: “All redundant vehicle crossings must beremoved with the kerb & channel reinstated and the extension to the existing footpath up

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to the wing of the vehicle crossing must be constructed to the satisfaction of theResponsible Authority”.

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

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

4. Prior to the occupation of the dwellings hereby permitted, all buildings and works and theconditions of this permit must be complied with, unless with the further prior writtenconsent of the Responsible Authority.

5. Prior to commencement of the development hereby permitted, a Site Management Plan, tothe satisfaction of the Responsible Authority, must be submitted to and approved by theResponsible Authority and when approved shall thereafter be complied with. The SiteManagement Plan must clearly set out measures to prevent amenity loss to surroundingproperties during the construction period. The Plan is to include, but limited to, measures tocontrol the emission of dust/sand, rubbish on site, loading/unloading times, constructiontimes, and parking of builder’s vehicles etc. This plan when endorsed must not be variedwithout the prior approval of the Responsible Authority. It must also be implemented to thesatisfaction of the Responsible Authority.

6. Before the commencement of any buildings and works on the Land, a ConstructionManagement Plan (CMP), to the satisfaction of the Responsible Authority, must besubmitted to and approved by the Responsible Authority and when approved shall thereafterbe complied with. The CMP must specify and deal with the parking of vehicles duringconstruction, delivery of materials, containment of waste on site and suppression of dust,business operations on the site during construction.

7. Before the commencement of any buildings and works on the Land, a Waste ManagementPlan to the satisfaction of the Responsible Authority must be submitted to and approved bythe Responsible Authority. When approved, the plan will be endorsed and will then formpart of the permit. Three copies of the plan must be submitted. The plan must include but isnot limited to:

a. The manner in which waste will be stored and collected including: type, sizeand number of containers.

b. Spatial provision for on-site storage.

c. Details whether waste collection is to be performed by Council’s services orprivately contracted.

d. The size of the collection vehicle and the frequency, time and point ofcollection.

The waste management plan must be implemented to the satisfaction of the ResponsibleAuthority. The waste management plan must not be modified unless without the writtenconsent of the Responsible Authority.

8. Prior to the endorsement of the Plans required pursuant to Condition 1 of this permit, theprovision of an ESD report to be prepared by a suitably qualified professional and must besubmitted to and approved by the Responsible Authority. When approved, the plan will be

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endorsed as evidence of its approval and will then form part of the Permit and shallthereafter be complied with. The ESD report must include, but is not limited to, detailinginitiatives for stormwater harvesting, insulation, daylighting, collective rainwater tanksand/or individual rainwater tanks, public and private landscape irrigation and car washing,energy efficient concepts, glazing and internal ventilation and the like.

9. Prior to the endorsement of the plan pursuant to condition 1 hereof, the drainage strategy forthe site to be prepared by a suitably qualified professional and must be submitted to thesatisfaction of the Responsible Authority. The runoff from the site must be limited to thepredevelopment runoff of the site.




13. Prior to the occupation of the dwellings hereby permitted, or by such later date as isapproved by the Responsible Authority in writing, the nature strip, kerb and channel, vehiclecrossover and footpath must reinstated to the satisfaction of the Responsible Authority.

14. Prior to the occupation of the dwellings hereby permitted, all boundary fences must berepaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at thecost of the applicant/owner.

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


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


e. Clearly signposted/marked as resident or visitor parking.

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f. Line-marked to indicate each car space, loading bay and all access lanes and, ifnecessary, the direction in which vehicles are to travel to the satisfaction of theResponsible Authority.


16. Exterior lighting must be installed in such positions as to effectively illuminate allcommunal areas. Such lighting must be designed, baffled and located to the satisfaction ofthe Responsible Authority to prevent any adverse effect on neighbouring land.





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




Note: Occupants and visitors of the development are not likely to be eligible for parking permits.

OR

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

1. The proposal would prevent the orderly and proper planning of the zone.

2. The proposal would have an adverse effect on the amenity of area.


4. The proposal would detract from the visual amenity of the locality and the streetscape.

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5. The proposal is inconsistent with the relevant provisions of the Kingston Planning Scheme.

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M 269 KP268/10 – 307 Nepean Highway, Edithvale

APPLICANT RBI ArchitectsADDRESS OF LAND No. 307 Nepean Highway, Edithvale (Lot 3 on PS 54710) PROPOSAL Three (3) Double Storey DwellingsPLANNING OFFICER Sebastian Lorenzo Author: Elizabeth WickhamREFERENCE NO. KP268/10RELEVANT STATEPLANNING POLICYFRAMEWORK




Clause 22.11: Residential Development PolicyZONE Clause 32.01: Residential 1 Zone

OVERLAYS Clause 43.02: Design and Development Overlays, Schedule 1 and7

PARTICULARPROVISIONS

Clause 55: Two or More Dwellings on a Lot & ResidentialBuildings




PP-01 to PP-11 (Rev A) – date stamped by Council 11 August2010

KEY ISSUES RELATING TO THIS APPLICATION

Neighbourhood Character and Visual Bulk Amenity impact (internal and external)

2.0 SITE DETAILS

2.1 The subject site comprises an irregular ‘battleaxe’ shaped parcel of land zonedfor residential purposes, located between Nepean Highway and the Edithvale foreshore.

2.2 The site is accessed via a single width crossover from the south-west side ofNepean Highway. A 3.66 metre wide carriageway easement on the property adjoining to therear of the site, and a single width crossover at the site’s rear property boundary provides anadditional vehicle access point to the subject site from Somme Parade.

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2.3 The site has a 4.57 metre frontage to Nepean Highway, a maximum length of108.21 metres, and a total area of approximately 1020m2.

2.4 The site is currently occupied by one double storey dwelling and associatedoutbuildings. The land does not contain any significant vegetation.

2.5 The typography of the land can be described as predominately flat, with a gentleslope of approximately 2 metres towards its rear property boundary.

2.6 The site does not contain any easements.

3.0 ADJOINING PROPERTIES & SURROUNDS

3.1 The aerial photograph provided below provides an illustrative analysis of theSubject Land and surrounding environs.

3.2 The subject site is within a Residential 1 Zone (R1Z), as is all adjoining land tothe north, south, and west. Nepean Highway, adjoining to the east, is identified in a RoadZone, Category 1 (RDZ1). Land across Nepean Highway to the east is within a Public UseZone 4 (PUZ4 - Transport) for the purposes of the Melbourne to Frankston Railway Line.The Edithvale foreshore, within 50 metres to the west, is zoned Public Park and Recreation(PPRZ).

3.3 Land surrounding the subject site is typically characterised by residentialdevelopment comprising multi-dwelling developments and single dwellings of one and twostoreys in height. Development of this nature is typical of surrounding land to the west sideof Nepean Highway and the foreshore.

3.4 The site has excellent access to a range of local services and facilities, includingthe Edithvale foreshore reserve 50 metres to the west, Edithvale Primary School within 500metres to the north-east, and Edithvale Recreation Reserve and Chelsea Public Golf Course

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within 900 metres to the north-east. The site is located approximately 500 metres fromEdithvale Railway Station.

4.0 TITLE DETAILS

4.1 There appear to be no covenants or Section 173 Agreements registered on theCertificate of Title.

5.0 PROPOSAL

5.1 It is proposed to construct three (3) double-storey dwellings, one behind theother, on this site. Further details of the proposal include:

The development, (Dwelling 1), would be set back over 48 metres from the site’sNepean Highway frontage.

Dwellings 1 and 2 would be accessed from Nepean Highway, via a shared driveway andpedestrian pathway extending along the northern property boundary.

Dwelling 3 would address the rear property boundary, and would be accessed from thecarriageway easement off Somme Parade at the rear of the site.

Dwellings 1 and 2 would share a basement car park with the provision for four carspaces (two car spaces per dwelling) from Nepean Highway. Dwelling 3 would beprovided with two car spaces within a double garage.

Dwellings 1 and 2 would each contain three (3) bedrooms, and Dwelling 3 wouldcontain four (4) bedrooms.Note: The study provided to Dwelling 3 would have a floor area of 17.28m², which isabove the commonly held 7.5m² required to be considered for a bedroom.Consequently, the study has been considered as a bedroom for the purposes of theOfficer’s assessment.

The existing single width crossover to Nepean Highway would not be altered. Dwellings 1 and 2 would be provided with first floor living and private open space in the

form of balconies to the north and south sides of the dwellings, directly accessed fromtheir respective living area. The north-facing balconies, considered to form thesedwellings’ primary secluded private open space, would have an area of 12.5m².

Dwelling 3 would also feature first floor living, with direct access to its primarysecluded private open space located within a 11.5m² balcony to the north side of thedwelling.

Additional private open space is provided to the south side of the dwellings at groundlevel, of between 60m² and 85m² in area. These areas provide significant landscapingopportunities.

Dwelling 3 is also provided with a roof top deck, of 26m² in area. The proposed development achieves a maximum height of 8.5 metres. The building would be contemporary in appearance, with a flat roof, and varying

external materials, finishes and colours, including face brickwork, split face designerblock, and horizontal timber cladding in a natural finish.

5.2 Development Assessment Table


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PrivateOpenSpace

An area of 40m2, with one part of the privateopen space to consist of secluded private openspace at the side or rear of the dwelling with aminimum area of 25m2, a minimumdimension of 3 metres and convenient accessfrom a living room; OR

A balcony of 8 square metres with aminimum width of 1.6 metres and convenientaccess from a living room; OR

A roof-top area of 10 square metres with aminimum width of 2 metres and convenientaccess from a living room.

Dwellings 1 and 2 are providedwith secluded private open space inthe form of north-facing balconiesof 12.5m² in area, with a minimumdimension of 1.5 metres andconvenient access from a livingroom. The width of the balconiesfalls short of the minimum 1.6metre requirement.


Dwelling 3 is provided withsecluded private open space in theform of a north-facing balcony of11.5m² in area, with a minimumdimension of 2.2 metres andconvenient access from a livingroom.

Complies.CarParking

Two (2) car parking spaces for each three (3)or more bedroom dwelling, with one spaceunder cover.

Each dwelling is provided with two(2) covered car spaces inaccordance with the Standard.

Complies.

FrontSetback


The development should be setback a minimum of 5.25 metres, inaccordance with the Standard. Thedevelopment is proposed to be setback over 48 metres from the streetfrontage.

Complies.

SiteCoverage

Maximum 60% - as per ResCode Site coverage is 39% and thereforeis in accordance with the Standard.

Complies.


6.1 The Subject Site is located within a Residential 1 Zone (R1Z).

6.2 The Subject Site is affected by Design Development Overlays Schedule 1 and 7(DDO1 and DDO7).

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6.3 Nepean Highway is identified in a Road Zone Category 1 (RDZ1).


7.1 Pursuant to Clause 32.01-1 (Residential 1 Zone), a planning permit is notrequired to use the site for residential purposes.

7.2 Pursuant to Clause 32.01-4 (Residential 1 Zone), a planning permit is requiredto construct two or more dwellings on a lot.

7.3 Pursuant to Clause 43.02 (Design and Development Overlay, Schedule 1), aplanning permit is not required to construct a building or construct and carry out worksprovided that a number of conditions are met, namely (where relevant):

A building which has an internal storey height (measured from floor to ceiling) of 3.5metres or less. This internal storey height requirement does not include stairwells andlightwells which comply with the overall height requirements.

Further, a permit cannot be granted to construct a building or to construct or carry out workswhich are not in accordance with the following requirement: A building must not be greater than 2 storeys in height (which may include a basement

carpark with a maximum height of 1.2 metres above natural ground level).

The current application accords with the requirements outlined above.

7.4 Pursuant to Clause 43.02 (Design and Development Overlay, Schedule 7), aplanning permit must not be granted to construct a building or construct or carry out workswithin 4.5 metres of the foreshore reserve boundary.

The subject site does not abut the foreshore reserve, and therefore is set back well in excessof 4.5 metres.

7.5 Draft Schedule 1 of Clause 43.02 (Design and Development Overlay) isproposed to include a provision requiring a permit for the construction of a roof top deck.While not yet forming part of the Kingston Planning Scheme, the principles of this draftcontrol have been applied in the consideration of this proposal.


8.1 Council records indicate that there is no previous planning history pertaining tothis site.

9.0 ADVERTISING

9.1 Prior to advertising, the Permit Applicant submitted revised plans on 11 August2010 that essentially sought to address some of the concerns outlined within the Planning

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Officer’s further information letter. It is these plans that formed part of the advertisingdocumentation.

9.2 The proposal was advertised by sending notices to adjoining and oppositeproperty owners and occupiers and by maintaining a notice on site for fourteen (14) days.Four (4) formal objections to the proposal were received. The valid grounds of objectionraised are summarised as follows:

Overshadowing; Insufficient building setbacks from northern property boundary; Increased traffic; Overlooking; and Noise impact from vehicles entering and exiting basement car park.


10.1 A preliminary conference was held on 4 November 2010, with the relevantPlanning Officer, the Permit Applicant, and two (2) objectors in attendance. The above-mentioned issues were discussed.


11.0 REFERRALS

11.1 The following internal and/or external referral departments were notified:

Council’s Development Engineer Council’s Vegetation Management Officer Melbourne Water (Climate Change considerations) Country Fire Authority

11.2 The above-mentioned referral authorities have no objection to the proposal,subject to conditions being included on any permit issued. The following sections of thisreport will further elaborate on comments received from both internal and external referralauthorities, where relevant.





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Clause 22.11: Residential Development Policy


Clause 52.29: Land Adjacent to a Road ZoneClause 55: Two or More Dwellings on a Lot & Residential Buildings


Clause 65: Decision Guidelines

12.5 Neighbourhood Character Area Guidelines (Incorporated Document withinClause 21.05: Residential Land Use)

The subject site is located within Profile Area No. 65 of Council’s Neighbourhood CharacterGuidelines, which encompasses a large, lineal, shaped area between the west side of NepeanHighway and the foreshore, extending from Mordialloc to Bonbeach. The proposal isgenerally in accordance with the applicable character profile including the elementsidentified as making a ‘major’ contribution to neighbourhood character within this area,with the exception of the wall and roofing materials. While tile roofs are identified as a‘major’ neighbourhood characteristic, it is considered that the proposed flat ‘Traydeck’ roofsheeting is typical of more recent developments within this foreshore precinct, and istherefore acceptable. With respect to the proposed wall materials, including face brickwork,designer block and timber cladding, it is considered that some modifications will be requiredin order to ensure that the development will be acceptable with regard to neighbourhoodcharacter, and visual bulk. This issue is discussed in greater detail in the following Clause55 (ResCode) assessment.

12.6 The Design Contextual Housing Guidelines offer a range of design techniquesand suggestions to assist with residential design, which is responsive to local character.


13.0 RELEVANT PLANNING POLICIES IN DETAIL:


The State Planning Policy Framework sets out the relevant state-wide policies for residentialdevelopment at Clause 11 (Settlement), Clause 13 (Environmental Risks), Clause 15 (BuiltEnvironment and Heritage), Clause 16 (Housing), Clause 18 (Transport), Clause 19(Infrastructure). The SPPF requires Council to integrate the range of policies relevant to theissues to be determined and to balance conflicting objectives in favour of net communitybenefit and sustainable development.

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Clause 11 (Settlement) seeks to ensure that a sufficient supply of land is available forhousing, employment, recreation and open space, commercial and community facilities andinfrastructure.



Clause 16 (Housing) encourages the provision of housing diversity (including affordablehousing), that has access to services and be planned for long term sustainability. It alsoseeks to ensure the efficient provision of supporting infrastructure.

Clause 18 (Transport) encourages the development of an integrated and sustainable transportsystem that provides access to social and economic opportunities, facilitates economicprosperity, contributes to environmental sustainability, coordinates reliable movements ofpeople and goods, and is safe.

Clause 19 (Infrastructure) aims to ensure that the development of social and physicalinfrastructure is provided in a way that is efficient, equitable, accessible and timely.

It is submitted that the subject proposal is consistent with the aforementioned Statestrategies and policy direction. Specifically, the subject site is located on a land zoned forresidential purposes. The development itself is considered to achieve an acceptable standardof urban design (subject to permit conditions as discussed in the latter sections of this report)and the site enjoys convenient and direct access to community facilities.


The Local Planning Policy Framework (LPPF) contains Council’s strategic direction, the MunicipalStrategic Statement (MSS), which is an extension of the direction established by the SPPF, and thelocal policies that implement the LPPF.

The following four (4) Clauses within Kingston’s LPPF are submitted as being the most relevant tothe consideration of the proposal:

Clause 21.03: Land Use Challenges for The New Millennium Clause 21.04: Vision Clause 21.05: Residential Land Use

Clause 22.11: Residential Development Policy

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After reviewing the relevant strategic directions that emerge from the abovementioned Clauses, thefollowing can be summarised:

Clause 21.03: Land Use Challenges for The New Millennium identifies the need for theMunicipality to provide suitable housing stock that meets future housing demands and to sustainan appropriate mix of supporting urban infrastructure. It is further stated that recent pressuresfor new development, consolidation and medium density housing has resulted in change to theamenity and character of local areas. It is acknowledged that careful management will berequired in order to integrate urban consolidation objectives with an understanding of specificcharacter issues applicable to certain neighbourhoods.

Within Clause 21.04-3: Strategic framework plan (Clause 21.04 Vision), provides for thestrategic direction for future land use planning and development within the City of Kingston.This Policy includes a Strategic Land Use Framework Plan, which identifies the location ofwhere specific land use outcomes are anticipated, supported and promoted.

The major strategic directions identified on the overall Framework Plan include:

o Locations for promotion of medium and higher density housing opportunities i.e.areas designated for increased density housing opportunities and activity centres.

The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the KingstonPlanning Scheme, seeks to provide guidance to development in residential zoned land, mixeduse zoned lands and land within activity centres. The Residential Land Use Framework Planillustrates the range of housing outcomes sought across the City of Kingston.

Pertinent to the consideration of this application, the policy goes on to state that “The visionfor Kingston’s residential areas outlined in the Kingston Residential Strategy - September 2000is: to promote and facilitate both increased local housing diversity to meet the changinghousing needs of the community and increased liveability within an integrated planningframework. The MSS seeks to promote medium density housing in locations better suited toaccommodating housing change and to moderate the rate and type of housing change in otherlocations”.

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

o To provide a range of housing types across the municipality to increase housingdiversity and cater for the changing housing needs of current and future populations,taking account of the capacity of local areas in Kingston to accommodate different typesand rates of housing change. This is to be achieved through encouraging residentialdevelopment within activity centres via mixed-use development, and on transitional sitesat the periphery of activity centres.

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

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

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

o To ensure residential development does not exceed known physical infrastructurecapacities.

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

Council’s Local Planning Policy at Clause 21.05 essentially reinforces State Planning Policy atClause 12.06, stressing the need to encourage urban consolidation in appropriate locations andto accommodate projected population increases.

Clause 22.11 Residential Development Policy extends upon the provision contained atClause 21.05 (Residential Land Use), effectively promoting high-density developmentaround activity centres and locations close to public transport.

Where a planning permit is required for residential development, the following policyshould be applied:

Housing Change, it is policy, where relevant, to:o Encourage increased residential densities and a wider diversity in housing types

and sizes in areas which are within convenient walking distance of publictransport and activity centres. These areas are identified for ‘increased housingdiversity’ on the Residential Framework Plan within the MSS.

Response: The proposed development provides for three (3) one and three and four-bedroom dwellings, in a location that is designated for ‘increased housing diversity’.The site has excellent access to a range of local services and facilities, and is locatedapproximately 500 metres south of Edithvale Railway Station. The principle ofproviding multi-dwellings in an area with superior access to social and physicalinfrastructure is encouraged under local planning policy.

Neighbourhood Character, it is policy, where relevant, to:

o Apply the Kingston Neighbourhood Character Guidelines – August 2007 in theconsideration and assessment of local neighbourhood character in Kingston.

o Ensure that new development is responsive to the character elements identified inthe Kingston Neighbourhood Character Guidelines – August 2007, particularlythose identified as making a major or critical contribution to neighbourhoodcharacter.

o Encourage all new residential development to respond positively and creativelyto neighbourhood character. Unless a preferred character is specified, the existingcharacter is that which is to be considered.

Response: As discussed at Section 12.5 of this report, it is considered that the proposeddevelopment design, subject to conditions as is discussed later in this report, isacceptable within the neighbourhood context.

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Site landscaping, it is policy, where relevant, to:o Encourage the retention of existing semi-mature and mature canopy trees

wherever possible. o Unless significant existing vegetation is to be incorporated as part of a

redevelopment, encourage the planting of semi-mature canopy trees withspreading crowns in front setbacks and open space areas, with at least one semi-mature tree with a spreading canopy provided in the front setback area.

Response: None of the existing vegetation on the site has been identified as worthy ofretention by Council’s Vegetation Management Officer. The Officer has assessed theplans submitted with the application and provided recommendations regardinglandscaping of the site which will be included as permit conditions, should a permitissue. The proposal is therefore considered satisfactory in this regard.

Built form, siting and scale of development, it is policy, where relevant, to: o Encourage the two storey component of new medium density housing to be

located towards the front of a site. o Ensure that any upper storey components towards the rear of sites are sensitively

designed to avoid unreasonable adverse amenity impacts on neighbours. o Encourage well articulated and graduated elevations in order to avoid 'box-like'

double storey designs, thus reducing visual bulk. o Ensure that the siting of new buildings respects the amenity of adjoining

neighbours with regard to rear yards and garden outlooks from habitable livingroom windows.

o Ensure that the design and layout of new dwellings incorporate features whichminimise overlooking of adjacent properties.

o Address potential overlooking through site layout planning as well as individualdwelling planning.

Response: While the proposed building layout is generally acceptable with respect to itssiting and scale within the beachside neighbourhood context, further improvements areconsidered necessary in order to reduce the bulk of the buildings, and to provideadditional visual interest to the design. This issue is discussed in the following Clause55 (ResCode) assessment.

Further, there appear to be some habitable room windows and balconies within thedevelopment that have not been screened, thus permitting unencumbered views towardsexisting dwellings. Permit conditions are recommended to address this issue, as isdiscussed in the following Clause 55 (ResCode) assessment.

Car parking and vehicle access, it is policy, where relevant, to:o Ensure that adequate on-site car parking is provided to meet the needs of future

residents and visitors and sited to reduce its impact on the streetscape.


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o Locating garages or carports at the rear of dwellings fronting a street whereverpossible.

o Ensuring that where garages are located in the street elevation, they are set backa greater distance than the front wall of the building.

Response: The development provides two (2) on-site car spaces per dwelling, consistentwith the requirements of Clause 55 of the Kingston Planning Scheme (ResCode).

On-site car parking for the development has been provided within a basement car parkfor Dwellings 1 and 2, and a double garage for Dwelling 3. The siting of the entry to thebasement car park over 48 metres from the street frontage ensures that it is not visiblewithin the Nepean Highway streetscape.

Stormwater run-off mitigation and quality management, it is policy, where relevant,to:

o Ensure that new residential development limits the impact of increasedstormwater run-off on drainage systems.



o Wherever possible, using unpaved landscape areas or porous paving. o Where appropriate, constructing on-site stormwater detention with delayed

release into the stormwater drainage system. o Designing to limit the impervious area. o Incorporating on-site water re-cycling systems for stormwater run-off.

Council’s Development Engineers have reviewed the proposal and made specificrecommendations regarding stormwater treatments which will be made conditions of anypermit issued.

Overall, the proposal is considered to be consistent with Council’s Local Planning PolicyFramework. Importantly, the proposal delivers on specific objectives relating to newresidential development, which seek to encourage well-designed medium density housing inappropriate locations as well providing diversity in housing choice to assist in meeting theanticipated future population forecasts. Modifications to the proposal as required by permitconditions will ensure that the proposed development will be appropriate within theneighbourhood context, and will not unduly affect the amenity of existing dwellings.


Clause 52.29: Land Adjacent to a Road Zone

The primary purpose of this Clause is ‘to ensure appropriate access to identified roads’.Given that no modifications are proposed to the existing crossover from NepeanHighway (Road Zone Category 1), no planning permit is required. Given that aworkable turning area has been provided to enable vehicles to enter and exit the site in aforward direction, it is considered that the proposal provides for appropriate vehicleaccess to the adjoining road network.

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

It is acknowledged that the provisions of Clause 55 (ResCode) of the Kingston PlanningScheme apply in this instance. Accordingly, the proposal has been assessed against theobjectives and standards of this Clause and it is considered that the development largelysatisfies the requirements of ResCode and, in general, is site responsive.

It is important to note that a development must meet all of the objectives of this Clause,and should meet all of the standards of this Clause.

There are some variations sought to some of the Standards found within Clause 55, thesenamely relate to the following:

Standard B1: Neighbourhood character Standard B16: Parking provision Standard B17: Side and rear setbacks Standard B22: Overlooking Standard B28: Private open space Standard B31: Design detail

The ‘Planning Consideration’ section of this report will further elaborate on the aboveitems where concessions are being sought.

14.0 PLANNING CONSIDERATIONS AND ASSESSMENT OF KEY ISSUES

Prior to delving into the discussion below, it should be recognised that the subject Land issuitable for development and both the State and Local Planning Policy Framework supportthis notion with the site being earmarked as an ‘increased housing diversity’ area.

Council must determine whether the proposal would achieve an “acceptable” outcomehaving regard to the applicable policies, decision guidelines and the provisions of theKingston Planning Scheme.

The following provides a discussion of the areas of non-compliance, as identified above.

Clause 55.02 – Neighbourhood Character

Standard B1 – Neighbourhood Character

The Standard requires that the design response must be appropriate to the neighbourhoodand the site, and that the design respect the neighbourhood character and respond to thefeatures of the site.

Whilst it is acknowledged that the area is characterised by an eclectic mix of building forms,having regard to the site’s proximity to the foreshore and consequential demand forredevelopment of sites for typically larger, and more contemporary building styles, it isconsidered that the subject proposal is uncharacteristically ‘box-like’ and would result invisual bulk that is foreign within the neighbourhood. It is acknowledged that some attempt

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has been made to recess the upper storey within the level below, however, the first floor atthe east and west elevations of each of the dwellings are built directly above the groundfloor, thus resulting in sheer walls which would be most clearly appreciated when viewedfrom existing dwellings adjoining to either side of the subject site. The proposed flat roofform further emphasises the proposal’s ‘box-like’ appearance. It is considered that whilesheer walls are not unacceptable in the neighbourhood context, a skillion roof form providedto each of the dwellings, or similar, in replacement of the proposed flat roof, would have asignificant impact in reducing the bulk of the buildings, and would provide for someadditional visual interest in the design. An angled form of roof treatment would also bemore consistent with recent developments in the area, including a double storey dwellingcurrently under construction at No.20 Somme Parade, adjoining to the south-west of the site.

Furthermore, a permit condition is recommended to delete the south-facing first floorbalconies of Dwellings 1 and 2, which will further reduce the visual impact of the proposaland enable some roof form to be provided between the ground and first floor levels.

The location of the roof top deck for Dwelling 3 is considered to add to the height and bulkof the proposal at its west elevation. The requirement for additional screening, as will bediscussed below, would further increase its visual impact. Draft DD01 requires that a rooftop deck must be set back a minimum of 2 metres from the building line of the storeydirectly below on all sides for each dwelling. A permit condition will require the roof topdeck to be set back a minimum of 2 metres from the building line of the storey below on itswest side to comply with the Draft.

A discussion of the appropriateness of the proposed building materials and their contributionto the perception of visual bulk is provided in the ‘design detail’ discussion below.

Clause 55.03 - Site Layout and Building Massing

Standard B15 – Parking Provision

In accordance with the Standard, car spaces in garages should be at least 6 metres long. Theinternal dimensions provided to each of the dwellings’ parking facilities fail to meet thisminimum internal length. Accordingly, a permit condition is recommended to remove thelift up grilles from the garages to Dwellings 1 and 2, and to increase the internal length ofthe garage for Dwelling 3 to comply with the minimum requirements of the Standard. Clause 55.04 – Amenity Impacts

Standard B17 – Side and Rear Setbacks

The first floor of Dwelling 3 should be set back a minimum of 1.81 metres from the site’snorthern property boundary, in accordance with the Standard.

Accordingly, a permit condition is recommended to increase the building setback of the firstfloor kitchen from 1.5 metres to a minimum of 1.81 metres from the site’s northern propertyboundary to ensure that the proposal will comply with the requirements of Standard B17.

Standard B22 – Overlooking

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A number of first floor habitable room windows and balconies, and the roof deck ofDwelling 3 are not shown to be screened, in accordance with the requirements of theStandard, thus enabling views into existing dwellings secluded private open space andhabitable room windows. As such, a permit condition will require the following to bescreened to comply with the Standard:

The north, south and west elevations of the roof deck for Dwelling 3; The first floor west elevation of the deck for Dwelling 3; The west-facing Study window of Dwelling 3.

Clause 55.05 – On-site Amenity & Facilities

Standard B28 – Private Open Space

In accordance with the Standard, balconies which form a dwelling’s primary secludedprivate open space should be provided with a minimum width of 1.6 metres. Given that thefirst floor balconies on the north elevation of Dwellings 1 and 2 are directly accessed fromtheir living areas, these areas have been considered as the dwellings’ primary secludedprivate open space. The balconies are only 1.5 metres in width. The following permitcondition is recommended to reconfigure the upper levels of Dwellings 1 and 2 in order toincrease the north-facing deck areas to comply with the minimum requirements of StandardB28:

The first floor setbacks of Dwellings 1 and 2 reduced to 3 metres from the site’ssouth property boundary (in their entirety), and the north wall of the living areas setback 4.0 metres from the site’s north property boundary, with the additional setbackcreated utilised for a decking area with dimensions of 2.5m x 3.5m.

This modification will ensure that a more usable and practical parcel of secluded privateopen space is provided to the dwellings. This is especially important given the deletion ofthe south-facing balconies of these dwellings, as is discussed above in the ‘neighbourhoodcharacter’ assessment.

Clause 55.06 – Detailed Design

Standard B31 – Design Detail

The proposed building materials are considered to further accentuate the bulk of thebuildings, through the use of a continuation of split face designer block from the ground tothe first floor levels for Dwellings 1 and 2, and the expansive use of timber cladding in anatural finish at first floor level for Dwelling 3. A more lightweight approach of bothcolours and materials at first floor level is considered necessary, and is recommendedthrough permit conditions.


As outlined in the objections received by Council and as discussed in detail at thepreliminary conference meeting held between all parties, there appear to be five (5) key

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elements that are of concern to objectors, pertaining to this application. Specifically, thegrounds of objection relate to:

Overshadowing; Insufficient building setbacks from northern property boundary; Increased traffic; Overlooking; and Noise impact from vehicles entering and exiting basement car park.

These concerns are discussed, in turn, below:

15.1 Overshadowing

The extent of shadow cast by the proposal is not unreasonable, when considered against therequirements of Standard B21 of Clause 55. The proposal allows adjacent properties toreceive a minimum of five hours of sunlight to their secluded private open space (75 percentor 40 square metres with a minimum dimension of 3 metres) between 9am and 3pm on 22September. The buildings have been appropriately sited nearer to the site’s northernproperty boundary, which reduces the impact of the more significant afternoon shadow, onthe adjoining property to the south.

15.2 Insufficient building setbacks from northern property boundary

As discussed in the above assessment against Standard B17 of Clause 55 of the KingstonPlanning Scheme, the proposed first floor kitchen wall of Dwelling 3 fails to comply withthe required 1.81 metre minimum setback from the site’s northern property boundary. Apermit condition is recommended to rectify this issue.

15.3 Increased traffic

With respect to traffic congestion, it is not considered that the proposal will exacerbate anyexisting traffic issues surrounding the site, having regard to the number of dwellingsproposed and likely number of traffic movements to and from the site; the level of on-sitecar parking provided to the development, which as discussed, is considered to besatisfactory; and the site layout which provides workable turning areas to ensure thatvehicles within the development can exit the site on to Nepean Highway in a forwarddirection.

15.4 Overlooking

As discussed in the previous assessment against Clause 55 (ResCode), Dwelling 3 enablesviews into adjoining properties from its first floor west-facing Study window, first floordeck, and from the north, south and west elevations of its roof top deck. These will requirescreening to ensure that the privacy of adjoining dwellings is safeguarded. Permitconditions are recommended to ensure that this matter is addressed.

15.5 Noise impact from vehicles entering and exiting basement car park

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It is not expected that the proposed location of the basement access ramp would result inundue noise intrusion to neighbouring properties, having regard to the limited number ofdaily vehicle movements to and from the basement (i.e. from two dwellings), and thesetback of the adjoining dwelling (4.9 metres). The existing shared boundary fence isconsidered to provide an acceptable noise buffer from the basement ramp to the residentialproperties adjoining to the north of the site.

16.0 CONCLUSION

16.1 For reasons discussed within this report, it is submitted that the proposal besupported subject to the adoption of the recommended permit conditions to ensurethat the proposed development achieves a high quality design, achieves good internalamenity as well as responding appropriately to the site and its immediate interfaces.

16.2 The basis of this recommendation to support the proposed development isevidenced by:

The design and siting of the proposed development to be compatible with thesurrounding area (subject to the inclusion of conditions as discussed within thereport);

Suitability of the site for higher density residential development having regard tothe policy context and applicable planning provisions;

In general, acceptability of the built form of the proposed development; Consideration of any external amenity impacts; Adequacy of internal amenity; Consideration of the provision of car parking and traffic related matters; The proposal generally satisfies the requirements of the Kingston Planning

Scheme, including the State and Local Planning Policy Framework, Residential 1Zone, Overlay controls, the relevant Particular Provisions and Clause 65 -Decision Guidelines (subject to appropriate conditions).

16.3 On balance and subject to the inclusion of suitable conditions, the proposal isconsidered reasonable and warrants support.


That Council resolve to issue a Notice of Decision to Grant a Permit for the development of this sitefor three (3) dwellings, subject following conditions:

1. Before the development starts amended plans to the satisfaction of the ResponsibleAuthority must be submitted to and approved by the Responsible Authority. Whenapproved, the plans will be endorsed and will then form part of the permit. The plans mustbe drawn to scale with dimensions and three copies must be provided. The plans must besubstantially in accordance with the plans submitted to Council on 11 August 2010, butmodified to show:

a. The provision of a landscape plan in accordance with the submitted development planand the City of Kingston Landscape Plan Checklist, with such plans to be prepared by asuitably qualified landscape professional and incorporating:

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i) an associated planting schedule showing the proposed location, species type,mature height and width, pot sizes and number of species to be planted on thesite;

ii) the delineation of all garden beds, paving, grassed area, retaining walls, fencesand other landscape works including areas of cut and fill throughout thedevelopment;

iii) all existing trees on the site and close to the boundary of the site on adjoiningproperties, accurately illustrated to represent actual canopy width and labelledwith botanical name, height and whether the tree is proposed to be retained orremoved;

iv) a range of plant types from ground covers to large shrubs, and species mustcomprise all indigenous coastal species;

v) adequate planting densities (e.g.: plants with a mature width of 1 metre, plantedat 1 metre intervals);

vi) sustainable lawn areas and plant species taking current water restrictions intoconsideration;

vii) medium to large shrubs to be provided at a minimum pot size of 200mm; and

viii) the provision of notes regarding site preparation, including the removal of allweeds, proposed mulch, soil types and thickness, subsoil preparation and anyspecific maintenance requirements.

b. the provision of a skillion roof form, or similar, to each of the dwellings, to be angledtowards the site’s northern property boundary;

c. the first floor setbacks of Dwellings 1 and 2 reduced to 3 metres from the site’s southproperty boundary (in their entirety), and the north wall of the living areas set back 4.0metres from the site’s north property boundary, with the additional setback created to beutilised for a decking area with dimensions of 2.5m x 3.5m;

d. the provision of a revised building materials schedule for the development with acombination of lightweight colours and construction at first floor level, e.g.weatherboard cladding or render in white or muted tones, and the removal of brickworkand blockwork at first floor level;

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

f. deletion of the south-facing first floor doors and balconies of Dwellings 1 and 2, with allwindows on this elevation screened to comply with the provisions of Standard B22(Overlooking) of Clause 55 of the Kingston Planning Scheme;

g. removal of the ‘lift up grilles’ within the basement garage for Dwellings 1 and 2, and theinternal reconfiguration of Dwelling 3 to enable a 6 metre minimum internal lengthwithin the garage, in accordance with Standard B15 (Parking provision) of Clause 55 ofthe Kingston Planning Scheme. The internal dimensions of the garages are to be clearlynominated;

h. the provision of a cross-section of the fixed external screening to windows andbalconies, demonstrating no more than 25 percent transparency;

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i. the Study window of Dwelling 3 shown on the south elevation;

j. the first floor kitchen wall of Dwelling 3 to be set back a minimum of 1.81 metres fromthe northern property boundary in accordance with Standard B17 (Side and rearsetbacks) of Clause 55 of the Kingston Planning Scheme;

k. the first floor habitable room windows and decks on the north and south elevations ofthe development clearly screened in accordance with Standard B22 (Overlooking) ofClause 55 of the Kingston Planning Scheme;

l. the west side of the roof top deck of Dwelling 3 set back a minimum of 2.0 metres fromthe level directly below;

m. the following screened to comply with Standard B22 (Overlooking) of Clause 55 of theKingston Planning Scheme:

The north, south and west elevations of the roof deck for Dwelling 3; The first floor west elevation of the deck for Dwelling 3; and The west-facing Study window of Dwelling 3.

n. the basement ramp longitudinal section with grades and apex above the existing invert ofthe kerb and channel along Nepean Hwy side of the development;

o. a comprehensive drainage strategy for the development of the site incorporating WaterSensitive Urban Design treatments;

p. the surface material of the driveway / accessway leading to the basement car parknominated in all-weather coloured concrete sealcoat, or similar;

q. a notation on the ground floor plan stating that ‘the levels at the site boundaries must notbe altered’; and

r. the location of all externally-located heating and cooling units, exhaust fans and the like,clearly shown.


3. Prior to the occupation of the residential development hereby permitted, the landscapingworks as shown on the endorsed plans must be completed to the satisfaction of theResponsible Authority. The landscaping must then be maintained to the satisfaction of theResponsible Authority.

4. Prior to the occupation of the residential development hereby permitted, all buildings andworks and the conditions of this permit must be complied with, unless with the further priorwritten consent of the Responsible Authority.

5. Before the commencement of any buildings and works on the Land, a ConstructionManagement Plan (CMP), to the satisfaction of the Responsible Authority, must besubmitted to and approved by the Responsible Authority and when approved shall thereafterbe complied with. The CMP must specify and deal with the parking of vehicles duringconstruction, delivery of materials, containment of waste on site and suppression of dust,business operations on the site during construction.

6. Conditions required by Melbourne Water:a. No polluted and / or sediment laden runoff is to be discharged directly or indirectly

into Melbourne Water’s drains or watercourses.

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7. An apex (i.e. hump) a minimum of 250mm above the existing invert of kerb and channelalong the Nepean Hwy frontage must be provided. This apex is to continue through anydriveways or pathways that may cross it. The apex is to be a permanent structure (e.g. humpin concrete driveway/pathway, sleeper retaining wall, solid brick fence/wall). Low moundedsoil on its own is unlikely to be acceptable due to the likelihood of future disturbance.

8. The levels at site boundaries must not be altered, and levels in Somme Parade are to remainas per existing.

9. The development of the site must be provided with stormwater treatment works which mustincorporate water sensitive urban design principles (including re-use) to improve dischargequality and a detention system for any increase in runoff as a result of the approveddevelopment. The system must be maintained to the satisfaction of the ResponsibleAuthority. Council’s Development Engineer can advise on treatment options.

10. Before the development commences, a drainage plan showing the method of treatment anddischarge to the nominated point must be prepared to the satisfaction of the ResponsibleAuthority. The plan must be prepared by a qualified person and show all details of theproposed drainage works, including all existing and proposed features that may have impacton the drainage (e.g. trees to be retained, crossings, services, fences, abutting buildings,existing boundary surface levels, etc.).

11. Stormwater drainage of the site must be provided so as to prevent overflows onto adjacentproperties.

12. Prior to the occupation of the residential development hereby permitted, or by such laterdate as is approved by the Responsible Authority in writing, the nature strip, kerb andchannel, vehicle crossover and footpath must reinstated to the satisfaction of theResponsible Authority.


14. Prior to the occupation of the residential development hereby permitted, all boundary fencesmust be repaired and/or replaced as necessary to the satisfaction of the ResponsibleAuthority, at the cost of the applicant/owner.

15. Prior to the occupation of the residential development hereby permitted, areas set aside forparking vehicles, access lanes and paths as shown on the endorsed plans must be:g. Constructed to the satisfaction of the Responsible Authority.

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

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

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

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Note: If further information is required in relation to Melbourne Water’s permit conditions shownabove, please contact Melbourne Water on telephone 9235 2517, quoting MelbourneWater’s reference 182224.



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OR



2. The proposal would detract from the visual amenity of the locality.


4. The proposal exhibits excessive bulk and mass.

5. The proposal does not satisfy all the requirements of Clause 55 of the Kingston PlanningScheme (ResCode), in particular, Clause 55.02-1 Neighbourhood Character Objective, Clause55.03-11 Parking Provision Objective, Clause 55.04-1 Side and Rear Setbacks Objective, Clause55.04-6 Overlooking Objective, Clause 55.05-4 Private Open Space Objective, and Clause 55.06-1Design Detail Objective.

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M 270 KP345/10 – 278-286 Charman Road, Cheltenham

APPLICANT: Ratio Consultants Pty LtdADDRESS OF LAND: No. 278-286 Charman Road, CHELTENHAM VIC 3192 (Lot 9

and Lot 10 on PS002822 and Lot 1 and Lot 2 on TP433540N). MELWAY REF: 86J2PROPOSAL MIXED USE DEVELOPMENT – COMPRISING 43

DWELLLINGS AND A SHOP WITH A REDUCED CARPARKING REQUIREMENT UNDER CLAUSE 52.06 (CARPARKING) AND A WAIVER OF THE LOADING BAYREQUIREMENTS UNDER CLAUSE 52.07 (LOADING &UNLOADING OF VEHICLES) UNDER THE KINGSTONPLANNING SCHEME.

CONTACT OFFICER: Tess Johnson Author: Sherie KirbyFILE NO: KP345/2010ZONING: Clause 34.01 – Business 1 ZoneOVERLAY(S): Clause 43.02 – Design & Development Overlay (Schedule 16)KINGSTONPLANNING SCHEMECONTROLS:

State Planning Policy FrameworkClause 11: SettlementClause 15: Built Environment & HeritageClause 16: HousingClause 17: Economic DevelopmentClause 18: Transport

Local Planning Policy FrameworkClause 21.03: Land Use Challenges for the New MillenniumClause 21.06: Retail and Commercial Land UseClause 21.12: Transport, Movement and AccessClause 22.01: Cheltenham Business Centre Policy

Particular ProvisionsClause 52.06: Car ParkingClause 52.07: Loading & Unloading of VehiclesClause 52.34: Bicycle FacilitiesClause 52.35: Urban Design Response for Four or More Storeys

DECISION BY: 22nd September, 2010NETT DAYS: 90 days @ 22nd November, 2010CONSIDERED PLANREFERENCES/DATERECEIVED

19th and 24th August, 2010

MAIN ISSUES RELATING TO THIS APPLICATION:

- Car parking and access;- Traffic;- Compliance with DDO16 - Cheltenham Activity Centre Policy; and- Waste collection.

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EXISTING CONDITIONS

The subject site comprises two (2) allotments and is located on the east side of Charman Road,Cheltenham, and directly north of the City to Frankston Railway Line. The land is irregular inshape with a frontage width of 16.10 metres to Charman Road, a frontage width of 44.86 metres tothe existing right-of-way to the rear (east) and an overall area of 1473m2. The topography of thesite is relatively flat, however, there is a slight fall of approximately one (1) metre from the east(rear) to the west (front). It is noted that the land is devoid of any significant vegetation.

The part of the subject site referred to as No. 284-286 on the northern side of the land is currentlyoccupied by a shop with a two-storey component fronting Charman Road and a single-storeycomponent to the rear. The land known as No. 278-282 Charman Road is currently developed andused as a shop and is of single-storey construction with the balance of the land vacant comprising alarge grassed area adjacent to the adjoining railway line reserve.

Vehicle access is currently available via the existing 3.1 metre wide laneway adjacent to the east(rear) of the subject site. This laneway is accessed from both Station Road to the north and StanleyAvenue to the east. No easements are contained within the subject site. There appears to be norestrictions listed on the Certificate of Title.

The subject site is located within an identified Major Activity Centre under the Kingston PlanningScheme and is well serviced by a range of commercial, retail and community services. CheltenhamRailway Station is located directly opposite the site on Charman Road which has access to the Cityto Frankston Railway Line. Cheltenham Cemetery is also located directly opposite the subject siteon Charman Road.

Southland Shopping Centre is located approximately 1km to the north-east of the site on NepeanHighway and a number of golf courses are situated within 3km of the subject site in a westerlydirection. A number of primary schools and secondary schools are also located within walkingdistance of the subject site.

PROPOSAL IN DETAIL

It is proposed to construct a four (4) storey high building for the purpose of a mixed-usedevelopment comprising:

Forty-three (43) apartment-style dwellings, comprising a combination of one (1) and two (2)bedroom dwellings. The first, second and third floor levels of the proposed developmentwould be occupied by the proposed dwellings.

A retail premises of approximately 201m2 at the ground level fronting Charman Road. Forty-five (45) on-site car parking spaces at ground level (split over two (2) sub-levels), to

be accessed via the existing laneway to the rear (east). Of these spaces, twenty-four (24) ofthe car parking spaces would be provided in the form of car stackers.

A ground floor level lobby/foyer area fronting Charman Road with a pedestrian path to beprovided adjacent to the site’s south property boundary along the railway reserve.

Storage units would be provided for each dwelling within the ground floor level car parkingarea in addition to bicycle parking and a waste collection room.

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The proposed lobby/foyer area would be orientated towards both Charman Road and therailway reserve to allow for good visual surveillance and physical connectivity between theproposed development and the public realm.

The front facades of the existing commercial buildings fronting Charman Road would beretained and incorporated into the built form of the development along this frontage, tomaintain the traditional shopfront appearance within this precinct of the CheltenhamActivity Centre.

The architectural style of the proposed development is contemporary and would incorporatemodern external building materials such as masonry elements, window glazing, metalventilation grills and privacy screens, stone tiling, precast concrete cladding, timber planterboxes and timber privacy screens.

No advertising signs are proposed as a part of the application.

HISTORY

Council records indicate that the following Planning Permit has recently been issued in relation to the subjectsite:

Planning Permit No. KP66/2008 was issued by the City of Kingston on the 9th July, 2008, to allowthe display of advertising signage.

ADVERTISING

The proposal was advertised by sending notices to adjoining and opposite property owners andoccupiers and by maintaining three (3) notices (2 x Charman Road and 1 x rear laneway) on site forfourteen (14) days. Seven (7) objections and two (2) letters of support to the proposal werereceived.

The valid grounds of objection raised are summarised as follows:

- Car parking and traffic conflicts;- Overall height of proposal/overdevelopment;- Overlooking;- Noise;- Waste collection;- Insufficient loading bay facilities; and- Neighbourhood character.

A further notice of advertising letter was sent to all adjoining property owners and/or occupiers onthe 12th November, 2010, advising residents that the original notice omitted reference to theinclusion of the land at No. 286 Charman Road which forms part of the subject site, as anadministrative error. No further submissions were received.

PRELIMINARY CONFERENCE

A preliminary conference was held at Council’s Cheltenham Office on the 20th October, 2010, withthe relevant Planning Officer, the Applicant (Planning Consultant and Traffic Engineer), theOwners and three (3) objectors were in attendance. The main issues outlined above were discussedat length, however, no resolution was reached between any of the parties present.

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Accordingly, all of the objections still stand.

PLANNING SCHEME PROVISIONS

The site is within a Business 1 Zone and is subject to a Design & Development Overlay (Schedule 16).

Charman Road is identified in a Road Zone Category 2.

Pursuant to Clause 33.01 (Business 1 Zone) and Clause 43.02 (Design & Development Overlay) ofthe Kingston Planning Scheme, a planning permit is required to construct or carry out works.

Pursuant to Clause 33.01 (Business 1 Zone) of the Kingston Planning Scheme, a planning permit isrequired to use the site for the land for the purpose of a dwelling given that the frontage of thedevelopment would exceed two (2) metres.

Pursuant to Clause 52.06 (Car Parking) of the Scheme, a planning permit is required to reduce thecar parking requirements specified.

A planning permit is also required under Clause 52.07 (Loading & Unloading Vehicles) of theScheme to vary or reduce the requirements under this section of the Scheme.

A planning permit is required to vary or reduce the requirements under Clause 52.34 (BicycleFacilities) of the Scheme.

REFERRALS

Pursuant to Clause 66.02 of the Kingston Planning Scheme, the application was externally referredto the following authorities:

Metropolitan Fire Brigade; Vic Track; and Vic Roads.

The application was internally referred to:

Council’s Development Engineer Council’s Vegetation Management Officer Council’s Traffic Engineering Department Council’s Roads & Drains Department Council’s Strategic Planning Department (Urban Design) Council’s Sustainable Development Officer

The above-mentioned referral authorities had no objection to the proposal, subject to conditionsbeing included on any permit issued.

DISCUSSION

State Planning Policy Framework (SPPF)

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Clause 11: SettlementUnder Clause 11.01 (Activity Centres) of the Scheme, the aim of this Policy is “to build up activitycentres as a focus for high-quality development, activity and living for the whole community bydeveloping a network of activity centres”.

It is considered that the proposed development would be consistent with the objective of thisClause.

Clause 15: Built Environment & Heritage

The following objectives are considered relevant in the consideration of this application under thisClause of the Scheme:

Clause 15.01 (Urban Environment) aims “to create urban environments that are safe, functional, andprovide good quality environments with a sense of place and cultural identity” and “to achievearchitectural and urban design outcomes that contribute positively to local urban character andenhance public realm while minimising detrimental impact on neighbouring properties”.

Council officers consider that the proposed mixed-use development would satisfy the aboveobjectives that would result in a positive contribution to the local urban character by responding tothe features of the subject site and surrounding land uses. For example, the ground floor level retailinterface along the site’s Charman Road frontage would ensure that the consistency of land uses ismaintained along this section of the shopping strip. The proposed development would also creategood visual surveillance opportunities for the likely occupants (both residential and retail) and thosewithin the public realm.

Under this section of the Scheme, it states that the Responsible Authority must consider, whererelevant the document called “Design Guidelines for Higher Density Residential Development”(Department of Sustainability & Environment, 2004). It is considered that the proposeddevelopment is generally consistent with each of the elements and design suggestions within thisdocument.

Clause 16: Housing

It is considered that the following objectives under this Clause have been satisfied with respect tothe proposed mixed-use development:

To promote a housing market that meets community needs. To locate new housing in or close to activity centres and employment corridors and at otherstrategic development sites that offer good access to services and transport. To provide a range of housing types to meet increasingly diverse needs. To deliver more affordable housing closer to jobs, transport and services.

The proposed development provides an opportunity to create smaller, more affordable dwellingswithin an established major activity centre which is well serviced by public transport, communityfacilities and a regional shopping centre (Southland). The changing demographic of Kingston’spopulation demands more diverse housing choice which is currently not available for older persons,smaller families, etc.

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Clause 17: Economic Development

Clause 17.01 (Business) of the Scheme aims “to encourage development which meet thecommunities’ needs for retail, entertainment, office and other commercial services and provides netcommunity benefit in relation to accessibility, efficient infrastructure use and the aggregation andsustainability of commercial facilities”.

Some of the suggested strategies to achieve this objective includes locating commercial facilities inexisting or planned activity centres and to provide new convenience shopping facilities to providefor the needs of the local population in new residential areas and within, or immediately adjacent to,existing commercial centres.

It is considered that the retail component of the proposed development fronting Charman Roadwould achieve this objective and it would be an appropriate use at the ground floor interface.

Clause 18: Transport

Two (2) key objectives relate to the proposal under this Clause of the Scheme, being:

To promote the use of sustainable personal transport.

To ensure an adequate supply of car parking that is appropriately designed and located.

The proximity of the subject site in relation to the Cheltenham Railway Station on the opposite sideof Charman Road provides a unique opportunity to minimise the reliance on car parking andpromote the use of public transport, walking and bicycles. Whilst a single car parking space foreach dwelling and two (2) car parking spaces are nominated for the proposed shop, Council officersbelieve that the demand for on-site and on-street car parking within the local road network shouldbe reduced given that opportunities for alternate forms of travel available to the subject site.

Local Planning Policy Framework (LPPF)

Clause 21.03: Land Use Challenges for the New Millennium

Future housing needs are considered to be one of the key land use challenges that Council as the ResponsibleAuthority faces in the years ahead.

*Future housing need.

“Kingston’s population is continuing to age at a faster rate than the metropolitan average. The ageing ofthe population, coupled with the metropolitan wide trend towards smaller household size, may lead to asignificant imbalance in future decades between the type of housing stock available in Kingston and theactual housing needs of the population.

The need to provide suitable housing stock which meets the future housing needs of our population and tosustain an appropriate mix of supporting urban infrastructure will continue to provide a focus for Council’sresidential land use planning”.

As previously discussed, the ageing population of the municipality and smaller households hasgenerated significant demand for smaller and more affordable housing choice. It is imperative that

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housing diversity is supported and promoted within Kingston given the importance of providinghousing opportunities for persons at every stage of the life cycle.

Clause 21.06: Retail and Commercial Land Use

The proposal is considered to be generally consistent with the objectives of this Clause, particularlythose that relate to promoting and protecting the role of activity centres and encouraging mixed useprecincts in appropriate locations.Under this section of the Scheme, Cheltenham is identified as being a “major activity centre” and itsprimary role is to provide “a sizeable employment base through large and strata commercial floorspace and provides for many local convenience needs”. The future strategic direction for thisactivity centre is to “diversify the mix of uses particularly on the centre’s periphery”.

As such, it is considered that the subject site is well located to support a mixed use development ofthis nature.

Clause 21.12: Transport, Movement and Access

Objective 2 of this Policy is “to integrate public transport, road, pedestrian and cycle systems withactivity centres, schools and other community and social infrastructure, as a means of providingequitable and safe vehicular, pedestrian and cyclist movement and access for the community”.

Council considers that the provision of a pedestrian path on Vic Track land directly adjacent to thesite’s southern boundary would assist in integrating the development with the surrounding streetnetwork and encouraging walking and cycling through the activity centre.

Clause 22.01: Cheltenham Business Centre Policy

Three (3) key objectives are considered relevant to the assessment of this proposal, being:

To encourage the consolidation and renewal of the built form through the redevelopment ofkey sites within the centre for innovative medium density housing.

To encourage medium density residential development in areas around the centre with amixture of accommodation types and building scales.

To encourage the aggregation of sites as a means of providing greater flexibility for thedesign of higher density housing.

The subject site is identified as being located within the “community precinct” where continuousretail frontage is promoted in addition to a more efficient use of first floor level space for residentialand non retail uses. Accordingly, it is considered that the proposal satisfies the above objectives.

Zoning


Clause 34.01 (Business 1 Zone)

The purpose of the Business 1 Zone is:

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

To encourage the intensive development of business centres for retailing and othercomplementary commercial, entertainment and community uses.

It is considered that the proposed mixed-use development satisfies the objectives of the zone in thisinstance.

Overlays

The following Overlay Controls apply to this site:

Clause 43.02 (Design and Development Overlay – Schedule 16 - Cheltenham Activity Centre)

The subject site is located within Precinct E within the Cheltenham Activity Centre, where themaximum overall building height is limited to either four (4) storeys or fourteen (14) metres(subject to site consolidation).

The maximum overall height of the proposed building from the natural ground level is 16.1 metres,whereas the Schedule specifies that the height of new development within this precinct be restrictedto fourteen (14) metres. It is noted that the height of the four (4) levels including the lift run andlight-well would be 13.99 metres; however, the height of the staircase would be exceeding fourteen(14) metres. The schedule 16 states a permit may be granted to vary the maximum overall buildingheight set out in the Table to this Schedule for Precincts A to D and F to I in circumstances where itcan be demonstrated that the Design standards and Design objectives can be satisfied. The designobjectives have been satisfied in this instance and this minor increase to allow for the lift overrun isappropriate in this instance.

Five (5) design standards apply to new development within this precinct, being:

• Any 3rd storey must be setback a minimum of 5 metres from the frontage to enable a robust 2storey building form with a maximum building height of 8 metres at Charman Road.Balconies may encroach within the 3rd storey setback but must be setback 2.8 metres from thefrontage and be of an open appearance.

• Any 3rd storey must be setback a minimum of 3 metres from a laneway building edge.• Ensure new development respects the low scale, 2 storey street edge to Charman Road.

Upper 2 storeys to be lightweight in appearance to reduce building bulk. Encourage upperstorey detailing of a residential character where appropriate.

• Ensure a high level of material detailing and façade articulation along street level facades tomaintain traditional shopfront appearance.

• Ensure development addresses laneways and Charman Road and contributes to active,pedestrian scaled thoroughfares.

An assessment of the proposed development against the above design standards demonstrates fullcompliance with each of the above guidelines. In particular, the proposal represents a unique opportunity toretain the ground level retail facades of the buildings whilst providing a new contemporary building withinthe Cheltenham Activity Centre. A number of minor issues regarding external building materials and detailcan be satisfactorily addressed through the inclusion of suitable permit conditions.

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Particular Provisions

The following Clauses are applicable to this application:

Clause 52.06 (Car Parking)

Based on the requirements under this Clause, a total of 102 car parking spaces is required for theproposed development:

43 dwellings (2 car spaces per dwelling = 86 spaces); and 201m2 of retail floor area (8 spaces per 100m2 of net floor area = 16 spaces).

In this instance, the applicant has allocated one (1) car parking space per dwelling in accordancewith the car parking provisions set out under Clause 55 (ResCode) for one (1) and two (2) bedroomdwellings. Council Planning Officers consider this as a reasonable standard for the provision of carparking for this proposed development given the small nature of the dwellings and the site’slocation within an established major activity centre.

Additionally, the small commercial tenancy proposed at ground level is unlikely to generate a highdemand for car parking spaces. Two (2) on-site car parking spaces are proposed for the existingpremises and it is considered that there is adequate on-street car parking along Charman Road toaccommodate the needs of customers at any given time.

A Traffic Impact Assessment provided by the applicant indicates that the peak demand for carparking is likely to be 54 car parking spaces. Given that 45 on-site car parking spaces are proposed,the excess number of car parking spaces required at any one time should be adequately availablewithin the surrounding area at any given time.

Accordingly, a reduction in the car parking requirements for both the use of the land for dwellingsand a shop is considered reasonable in this instance.

Clause 52.07 (Loading and Unloading of Vehicles)

The provisions of this Clause state that “no building or works may be constructed for themanufacture, servicing, storage or sale of goods or materials unless:

Space is provided on the land for loading and unloading vehicles. The driveway to the loading bay is at least 3.6 metres wide. If a driveway changes

direction or intersects another driveway, the internal radius at the change of direction orintersection must be at least 6 metres. The road that provides access to the loading bay is at least 3.6 metres wide.

A permit may be granted to reduce or waive these requirements if either:

The land area is insufficient. Adequate provision is made for loading and unloading vehicles to the satisfaction of

the Responsible Authority”.

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It is considered that the loading requirements for the proposal be waived in this instance, given thesmall nature of the proposed shop and the availability of small vehicles to unload goods directly infront along Charman Road. Further, the provision of two (2) dedicated on-site car parking spacesfor the commercial tenancy does allow for the ability to unload goods to the rear of the proposedshop on the subject site. Therefore, it is considered reasonable that a waiver in the loadingrequirements be allowed with respect to the proposed development in this instance.

Clause 52.34 (Bicycle Facilities)

The requirements for the provision of bicycle parking spaces has been satisfied in this instance asthe residential component of the proposal generates a need for nine (9) resident spaces and four (4)visitor parking spaces. A total of thirteen (13) bicycle parking spaces would be provided as a partof the proposed development.

General Provisions

Clause 65: Decision GuidelinesIt is considered that the proposed mixed use development generally satisfies the relevant decisionguidelines under this section of the Scheme.

SUMMARY

The following section of this report provides a general discussion of the main concerns considered as a partof assessing the proposed development:

Development

On balance, the proposed mixed-use development is considered to be ideally located within theCheltenham Activity Centre and would create a positive interface between the respective frontagesto Charman Road, the rear laneway and the adjoining railway line. The four (4) storey height of theproposed development is consistent with the design outcomes specified under the provisions of theDDO16 and satisfies all of the building setbacks and height requirements. It is considered that thecontemporary architectural style of the proposed development would result in a positivecontribution to the evolving built form character of the Cheltenham Activity Centre and wouldpromote pedestrian and cycling movement between the commercial and residential precincts.

There are some concerns regarding the design and built form of the proposal such as providing asafe and activated ground level interface to the rear laneway; improved amenity for balconies; liftlocation and ground level car parking configuration, which can be satisfactorily addressed throughthe inclusion of suitable conditions on any permit issued.

Amenity Issues

The physical separation of the proposed development and the existing residential developmentopposite the rear laneway to the east of the subject site is appropriate and has been sensitivelydesigned to minimise any overlooking impacts to these properties. One of the matters agreed to atCouncil’s Preliminary Conference Meeting between the objectors and the applicant is to providehigher visual screening to the first floor level east (rear) facing balconies to ensure that no

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overlooking would be afforded to these properties. It was agreed that this should be required as acondition of any permit issued for the proposed development.

Concern regarding the overall height of the development was raised with respect to possibleovershadowing to the residential properties to the east (rear). Shadow diagrams submitted with theapplication show that overshadowing should not unduly affect the properties to the east given thebuilding setbacks proposed at the upper floor levels along the eastern (rear) elevation.

One of the main amenity concerns raised by objectors is the noise associated with trafficmovements along the existing laneway which intersects the residential properties and the subjectsite. The applicant has acknowledged that this is likely to be an unavoidable outcome of theproposed development given that all of the access would be made from the laneway to the rear. Apossible solution to this concern may be the reconfiguration of the car parking arrangement area byeliminating the “open” access arrangement and enclosing the car parking area with a single accesspoint only. This could be required as a condition of any permit issued for the proposeddevelopment.

Traffic Issues

A number of design and access issues have been raised in the preliminary comments provided byCouncil’s Traffic Engineering Department. However, Council Planning Officers consider that theoverall number of on-site car parking spaces provided is appropriate and a reduction in the numberof car parking spaces is warranted under the provisions of Clause 52.06 (Car Parking) of theKingston Planning Scheme. This justification has already been discussed in the previous section ofthis report.

One of the concerns raised by objectors was in relation to the omission of loading bay areas for theproposed shop. As previously discussed

It is considered reasonable, however, that all access and design standards are satisfied with respectto the proposed car parking arrangement to ensure that area is functional and meets the demands ofthe proposed development.

Waste Collection

A waste management plan has been submitted by the applicant detailing the proposed methods ofwaste collection for both the residential and commercial components of the proposed development.It is stated that private contractors would be engaged to collect waste from the subject site to ensurethat amenity of the surrounding area is protected.

CONCLUSION

The proposed development is considered appropriate for the site as evidenced by:

The design and siting of the proposed development to be compatible with thesurrounding area; The proposal demonstrates a high level of compliance with the provisions underSchedule 16 – Cheltenham Activity Centre under Clause 43.02 (Design & DevelopmentOverlay) of the Kingston Planning Scheme;

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The proposal should not have a detrimental impact on surrounding properties (subject toappropriate conditions); and, The proposal satisfies the requirements of the Kingston Planning Scheme, including theSPPF, MSS, Zoning / Overlay controls and Particular Provisions.

On balance and subject to the inclusion of suitable conditions, the proposal is considered reasonableand warrants support.

RECOMMENDATION

That a Council resolve to issue a Notice of Decision to Grant a Planning Permit to construct and carryout buildings and works (comprising the construction of forty-three (43) dwellings and one (1) shop),reduce the car parking requirement pursuant to Clause 52.06 (Car Parking) and waive the loadingrequirements pursuant to Clause 52.07 (Loading & Unloading of Vehicles) of the Kingston PlanningScheme be issued subject to the following conditions:

1. Before the development and/or use starts, amended plans to the satisfaction of the ResponsibleAuthority must be submitted to and approved by the Responsible Authority. When approved, the planswill be endorsed and will then form part of the permit. The plans must be drawn to scale withdimensions and three copies must be provided. The plans must be substantially in accordance with theplans submitted with the application but modified to show:

a. the provision of an improved landscape plan and associated planting schedule for the siteshowing the proposed location, species type, mature height and width, pot sizes andnumber of species be planted on the site, with such plans to be prepared by a suitablyqualified landscape professional and incorporating:

i. the replacement of the Acmena smithii (Lilypily) and the Ficus Hillii (HillsWeeping Fig) with Ulmus parvifolia ‘Todd’ (Chinese Elm – Todd’s Form);

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

iii. all existing trees on the site and within three (3) metres to the boundary of thesite on adjoining properties, accurately illustrated to represent actual canopywidth and labelled with botanical name, height and whether the tree is proposedto be retained or removed;

iv. adequate planting densities (e.g. plants with a mature width of 1 metre, planted at1 metre intervals);

v. all trees provided at a minimum of two (2) metres high at time of planting;

vi. medium to large shrubs and trees provided in pot sizes of 200mm or greater;

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

b) the ground floor level (Plan AO105) reconfigured to show the basement car parking levelsfully enclosed with a single access point from the adjoining laneway;

c) the provision of ventilation screens for the basement car parking adjacent to the existinglaneway;

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d) the retail floor space increased to a minimum of 200m2, including the provision ofcommercial kitchen facilities;

e) all east-facing first floor level balconies screened to a minimum height of 1.7 metres abovethe first floor finished floor level;

f) improved visual interest and façade treatment to the northern elevation of the proposedbuilding, through the use of different materials/finishes/colours, etc.;

g) all south-facing balconies installed with translucent glass to allow natural light into therespective dwellings;

h) the provision of opaque/obscure glass to all kitchen or bathroom windows adjacent to thecentral light-well;

i) the installation of retractable awnings or an external shading device to the west-facing shopfront windows on Charman Road;

j) the west-facing shopfront windows nominated as double-glazed;k) all double-glazed window frames to be insulated or thermally broken;l) the installation of north-facing clerestory openable windows to all third-floor dwellings

which are not located adjacent to the light-well;m) the provision of solar/gas boosted units to all dwellings on the third floor level;n) a comprehensive detailed drainage strategy including an outfall drain construction for the

development of the site incorporating Water Sensitive Urban Design Treatments to thesatisfaction of the Council;

o) the provision of an adequate capacity rainwater tank/s clearly nominated with water re-usefor toilet flushing and irrigating landscaped area;

p) a note on the plan stating: “Right of Way that provides access to the development must bedesigned with coloured concrete with exposed aggregate feature bands; drained andconstructed up to the end of ROW in accordance with the engineering plans approved by theCouncil”;

q) a note on the plan stating: “Footpath along south boundary of the development (abutting therailway line) must be reconstructed with adequate drainage to the satisfaction of Roads &Drains Department according to the engineering plans approved by the Council and VicTrack”.

r) the minimum vertical clearance of the car stacker system nominated as 3.4 metres;s) the width of the double car stacker useable platform increased to a minimum of 4.9 metres;t) the width of the driveway entry increased to 5.5 metres;u) the provision and details of a sliding security door at the access point adjacent to the existing

lanewayv) the grade of the proposed laneway surface nominated as not more than 5%;w) the installation of two (2) convex mirrors (adjacent to the laneway and on the wall near the

corner of the storage/bicycle parking areas) to provide a visual cue for vehicles within thebasement car parking area;

x) the location of all externally-located heating and cooling units, exhaust fans, and the likeclearly shown;

y) provision of a colour, materials and finishes schedule, including samples where appropriate, forall external surfaces of the building;z) the provision of an internal clothes dryer for each dwelling; andaa) the provision of a mail box for each dwelling and shop.

2. The development and/or as shown on the endorsed plans must not be altered without the priorwritten consent of the Responsible Authority.

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3. Prior to the occupation of any part of the development hereby permitted, the security gate andassociated works as detailed under Condition 1v) of this permit must be installed to Councilsatisfaction, at the applicant’s/ permit holder’s cost.

4. The dwellings hereby permitted must not be occupied until all buildings and works and theconditions of this permit have been complied with, unless with the prior written consent of theresponsible authority.

5. The development hereby permitted must not be commenced until the Owner of the land hasentered into an Agreement with the Responsible Authority under Section 173 of the Planningand Environment Act 1987 to provide for the following matters:

a) the construction and maintenance (for a period of no less than 12 months) of any worksrequired in both the rear laneway and Charman Road as a result of the developmentcommencing;

b) the relocation, removal or replacement of any existing assets that are deemed necessaryby the relevant authority;

c) the costs associated with the works outlined under Conditions 1(q) and 1(r) of thispermit must be paid for entirely by the applicant unless otherwise agreed with theResponsible Authority;

d) all issues involved in the construction of components of the building over the publiccarriageway, including public liability insurance, air space licences etc.;

e) any clothes drying on balconies not to be visible from the public realm, and no clothesdrying to be permitted on the roof top decks;

f) all costs relating to the preparation and registration of the Agreement (including costsincurred by the Responsible Authority) must be borne by the applicant.

6. Before the commencement of any building or works on the land a Construction ManagementPlan (CMP) to the satisfaction of the Responsible Authority must be submitted to and approvedby the Responsible Authority and when approved shall thereafter be complied with. The CMPmust deal with the parking of vehicles during construction, delivery of materials, containmentof waste on site and suppression of dust, existing business operations on the site duringconstruction, arrangement for car parking for the existing businesses during construction,construction over the public domain.

7. Prior to the occupancy of the development the Right of Way and footpath as described inConditions 1q) and 1r) must be constructed at the developer’s cost and maintained inaccordance with the plans approved by the Council and Vic Track. Discussion withCouncil’s Development Engineer is recommended prior to the submission of a design. Apriced schedule of works within the Right of Way and the footpath with the payment ofCouncil’s engineering fees of 3.25% of the cost of works is required to be submitted prior tothe approval of the engineering plans.

8. The development of the site must be provided with stormwater works which incorporatesthe use of water sensitive urban design principles to improve stormwater runoff quality and whichalso retains on site any increase in runoff as a result of the approved development. The system mustbe maintained to the satisfaction of the Responsible Authority. Council's Development Engineer canadvise on satisfactory options to achieve these desired outcomes which may include the use of aninfiltration or bio-retention system, rainwater tanks connected for reuse and a detention system.

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9. Before the development hereby permitted commences, a drainage plan showing the method oftreatment and discharge to the nominated point must be prepared to the satisfaction of theResponsible Authority. The plan must be prepared by a qualified person and show all details ofthe proposed drainage works, including all existing and proposed features that may have impacton the drainage (e.g. trees to be retained, crossings, services, fences, abutting buildings, existingboundary surface levels, etc.).

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

11. Stormwater outflow from the development to the Council drainage system should not exceedthe predevelopment outflow of the site.

12. Conditions Required by VicTrack:

a) No drainage or effluent must enter or be directed to VicTrack land.b) No waste, soil, or other materials resulting from the works are to be stored or deposited

on VicTrack land.c) No permanent or temporary soil anchors are permitted to be installed on VicTrack land.d) Entry onto VicTrack land is at the discretion of the Rail Operator and is subject to any

conditions imposed by it.e) No excavation, filling or construction shall take place on the common boundary with

VicTrack land without the prior approval of the Rail Operator and on conditions set byit.

f) Prior to the commencement of works, the applicant must contact the Rail Operator bytelephoning Andrew Irving of Metro Trains on (03) 9619 7174 or 0419 523 856, toobtain the conditions and safety requirements of working near an operating railway andlive electric power feeders.

13. The amenity of the area must not be detrimentally affected by the development and/or use,through the:

i) Transport of materials, goods or commodities to or from the land.ii) Appearance of any building, works or materials.iii) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash,

dust, waste water, waste products, grit or oil.iv) Presence of vermin.v) Any other way.

14. Before occupation of the development hereby permitted, landscaping works as shown on theendorsed plans must be completed to the satisfaction of the Responsible Authority. Thelandscaping must then be maintained to the satisfaction of the Responsible Authority.

15. Before occupation of the development hereby permitted, areas set aside for parking vehicles,access lanes and paths as shown on the endorsed plans must be:

i) Constructed to the satisfaction of the Responsible Authority.ii) Properly formed to such levels that they can be used in accordance with the plans.iii) Surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority.iv) Drained to the satisfaction of the Responsible Authority.

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v) Line-marked to indicate each car space, all access lanes and, if necessary, the direction in whichvehicles are to travel to the satisfaction of the Responsible Authority.vi) In accordance with any Council adopted guidelines for the construction of car parks.


16. In areas set aside for car parking, measures must be taken to the satisfaction of the ResponsibleAuthority to prevent damage to fences or landscaped areas.

17. The development and/or use of the site shall not cause nuisance or be detrimental to theamenity of the neighbourhood by the emission of noise. In this regard any nuisance shall beassessed in accordance with the Australian Standards AS1055 and AS2107 relating to themeasurement of Environmental Noise and recommended sound levels.

18. Concrete kerbs or other barriers must be provided to the satisfaction of the Responsible Authorityto prevent direct vehicle access to an adjoining road other than by a vehicle crossing.

19. Any existing vehicular crossing not in accordance with the endorsed plan must be removed andthe kerb reinstated in a manner satisfactory to the Responsible Authority and any proposedvehicular crossing must be fully constructed to the Responsible Authority’s standardspecification.

20. No goods or packaging materials shall be stored or left exposed outside the building so as to bevisible to the public from a road or other public place.

21. All external surfaces of the building elevations must be finished in accordance with the scheduleon the endorsed plans and maintained in good condition to the Responsible Authority’s satisfaction.

22. No signs or other advertising or identification may be erected or displayed on the site withoutwritten Council consent.

23. Construction on the site must be restricted to the following times:

Monday to Friday 7:00am to 7:00pmSaturday 9:00am to 6:00pmSunday and Public Holidays No construction permitted.

Or otherwise as approved by the Responsible Authority in writing.

24. Exterior lights must be installed in such positions to effectively illuminate all pathways, carparks and other public areas to the satisfaction of the Responsible Authority and designed,baffled and located to the satisfaction of the Responsible Authority to prevent any adverseeffect on neighbouring land.

25. The maintenance of the buildings, service areas and the surrounds within the site shall be theresponsibility of the Body Corporate, owner or agent and must be serviced at such frequency aswill render the service areas and the surrounds to be neat, tidy and clean at all times to thesatisfaction of the Responsible Authority.

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26. Council’s Waste Management Department must be consulted regarding the location of rubbishbins and the options for collecting waste from the site.

27. All works on or facing the boundaries of adjoining properties must be finished and surfacecleaned to a standard that is well presented to neighbouring properties in a manner to thesatisfaction of the responsible authority.

28. All piping and ducting (other than stormwater downpipes) above the ground floor storey of thedevelopment must be concealed to the satisfaction of the responsible authority.

29. No external equipment (including, but not limited to: ducting and piping, air-conditioning units,heating units, satellite dishes etc), services and architectural features, other than those shown onthe endorsed plan, shall be permitted unless with the prior written consent of the ResponsibleAuthority

30. Finished floor levels shown on the endorsed plans must not be altered or modified without theprior written consent of the responsible authority.

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

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

a) The development and/or use is not started before two (2) years from date of thispermit.

b) The development is not completed before two (2) years from the commencement ofworks.


Note: Prior to the commencement of the development or use you are required to obtain the necessaryBuilding Permit.

Note: Permissible noise levels emanating from the site must comply with the requirements of theState Environment Protection Authority.

Note: Prior to the commencement of the development or use you are required to obtain thenecessary Building Permit.

Note: Prior to the commencement of the development or use you are required to obtain thenecessary Council Health Department approvals.

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OR







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M 271 KP735/10 – 1146-1148 Nepean Highway, Highett

APPLICANT Hallmarc Highett Pty Ltd ADDRESS OF LAND No. 1146 – 1148 (Land in consolidation 159269T and Lot 1

on TP815243R) Nepean Highway, Highett PROPOSAL To develop this site for one hundred and thirty four (134)

dwellings, to alter access to a Road Zone Category 1(Nepean Hwy), a reduction in car parking requirementsPursuant to Clause 52.06 of the Kingston PlanningScheme and to exceed the height limit of DesignDevelopment Overlay (Clause 43.02) Schedule 12 ‘HighettActivity Centre’ of the Kingston Planning Scheme.

PLANNING OFFICER Tess Johnson & Tara BryceREFERENCE NO. KP735/2009RELEVANT STATEPLANNING POLICYFRAMEWORK

Clause 11: Settlement Clause 12: Environment and landscape valuesClause 13: Environmental risksClause 14: Natural resource managementClause 15: Built Environment and heritage Clause 16: Housing Clause 18: TransportClause 19: Infrastructure


Clause 21.03: Land Use Challenges for the NewMillennium Clause 21.04: Vision Clause 21.05: Residential Land UseClause 22.12: Transport, Movement and AccessClause 22.11: Residential Development PolicyClause 22.17: Highett Activity Centre Policy


OVERLAYS Clause 43.02: Design Development Overlay Schedule 12Highett Activity CentreClause 45.03: Environmental Audit Overlay

PARTICULAR PROVISIONS Clause 52.06:CarparkingClause 52.07: Loading and Unloading of VehiclesClause 52.29: Land Adjacent to a Road Zone, Category 1or a Public Acquisition Overlay for a Category 1 RoadClause 52.34: Bicycle Facilities Clause 52.35: Urban Context Report and Design Responsefor Residential Development of Four or More Storeys



DECISION DATE BY 2nd September, 2010STATUTORY DAYS 137 days as of the 18th November, 2010

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TP100 – TP110 (inclusive), TP200 TP300 – TP303(inclusive), received 5th November, 2010Landscape Plan prepared by GbLA TP01 received 24thJune, 2010Stormwater Strategy Plan, received 5th November, 2010

1.0 KEY ISSUES

1.1 The key planning issues arising from this proposal relate to:

Traffic considerations (access and parking)

Amenity impact (internal and external)

Urban design (scale and built form)

Design Development Overlay Schedule 12 Highett Activity Centre Policy

Interface with the Sir William Fry Reserve

Removal of existing vegetation

2.0 PROPOSAL

2.1 Note: A Development Assessment Table has not been provided, as ResCode requirementsare not applicable to a development of four (4) or more storeys.

2.2 It is proposed to demolish the existing buildings on the land and develop the site for onehundred and thirty four (134) residential apartments within three separate residentialbuildings with a basement car park comprising;

A six (6) storey residential building containing forty-eight (48) dwellings;

A six (6) storey residential building containing forty-seven (47) dwellings;

A five (5) storey residential building containing thirty-nine (39) dwellings;

To alter access to a Road in a Road Zone Category 1 (Nepean Hwy);

A reduction in car parking requirements Pursuant to Clause 52.06 of the KingstonPlanning Scheme;

To exceed the height limit of the Design Development Overlay (Clause 43.02)Schedule 12 ‘Highett Activity Centre’ of the Kingston Planning Scheme.

Details of the proposal are as follows;

2.3 Site access

It is proposed to widen the existing crossover (located approximately 110 metres northof the Sir William Fry Reserve) by 8 metres, allowing for a 15 metre wide crossover atthe sites Nepean Hwy Service Road frontage. Vehicles would access the site via thewidened crossover to an internal road network with a width of 16 metres.

Due to the one-way nature of the service road, vehicle movements to and from the sitewill be restricted to left-in / left-out only.

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The internal link road caters for two way traffic movements. The internal carriagewaywith is 9.5 metres in width, allowing for parallel visitor car parking on both sides.

All vehicles accessing the site will be able to enter and exit the site in a forwardsdirection.

Access to the basement is provided from the internal link road towards the rear propertyboundary.

2.4 Basement

The basement is set back approximately 4.3 metres from the site’s frontage (NepeanHwy Service Road), and 4.2 metres from the site’s western property boundary (rear) andis located on the southern (side) boundary at the interface with the Sir William FryReserve.

A 6.5 metre wide driveway to the basement with a gradient of 1 in 6 with 1 in 8transitions.

A minimum accessway width of 6.4 metres is provided throughout the basement whichwill provide for two-way movements at all times.

A total of one hundred and forty (140) car spaces are provided on-site for residents onlywithin the basement car park.

No visitor car parking is provided within the development, which will rely on on-streetcarparking within the service road and parallel parking within the internal link road.

A minimum headroom clearance of 2.2m is provided within the basement car park.

Within the basement, three (3) entry points to each building area provided with three (3)lifts and two (3) stairwells for access to the building and ground floor.

One hundred and thirty-two (132) storage spaces are provided for residents, provided atthe rear of the some car parking spaces and within two separate areas designated for storage.

The provision of a bicycle storage area with a total of twenty-four (24) bicycle racks andsixty two (62) wall hung bicycle spaces designated adjacent to the storage area some car parkingspaces. It should be noted that an additional fourteen (14) bicycle spaces are provided at groundlevel.

Three (3) areas designated for metres/ services.

Three (3) rain water tanks, two within the basement area and one under the ramp.

An area designated for waste storage (bins) with a total of eighty-two (82) bins.

A roller door located at the base of the ramp.

A central card reading area within the ramp to allow access to the basement.

The top of the ramp includes a splitter island 0.6 m wide with an intercom to facilitateaccess to the basement car park.

The plans show a “Future Connection” at the base of the ramp. It is apparent that thisramp would service a larger number of car spaces when further stages of this development come tofruition.

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2.5 Residential apartment buildings summarised as follows;

TOTAL APARTMENTS 134

TOTAL ONE BEDS 66

TOTAL TWO BEDS 68

Breakdown of building particulars;

BUILDING 1 –

HEIGHT FIVE STOREYS

TOTAL ONE BEDS 19

TOTAL TWO BEDS 20

TOTAL APARTMENTS 39

FLOOR AREA RANGE m2 (MIN – MAX) 58.3 – 148.3

BALCONY AREA RANGE m2 (MIN – MAX) 5.6 – 35.5

BUILDING 2 –

HEIGHT FIVE STOREYS

NO. ONE BEDS 23

NO. TWO BEDS 24

APARTMENTS 47



BUILDING 3 –

HEIGHT SIX STOREYS

NO. ONE BEDS 24

NO. TWO BEDS 24

APARTMENTS 48



2.6 Pedestrians have direct access to the entrance foyers of Buildings 1 and 2 which have afrontage to the service road. Central internal pedestrian walkways provide access toBuilding 3 at ground level.

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2.7 The space at ground floor level is communal space proposed to be landscaped accordingly.A communal courtyard is located within the centre of the buildings with an interface to theadjacent park, Sir William Fry Reserve. It is proposed to have two (2) pedestrian accesspoints to this park; details regarding this component of the application will be furtherdiscussed within this report.

2.8 The external materials proposed include light and dark coloured render, lightweightcladding, black powder-coat metal balustrades and bronze / charcoal window frames.

2.9 The proposed development has a maximum building height of 17.4 metres to Building 1’sfifth storey, 22.3 metres to Building 2’s sixth storey and 22.1 metres to Building 3’s sixthstorey. These figures include the overhead feature on the buildings top floor balconieswhich exceed the general roof height of each building.

2.10 The buildings would be contemporary in appearance, with a combination of mansard andflat roof elements, and varying external materials, finishes and colours, including cladding,patterned concrete, timber horizontal screening and with design features provided on onecorner of each of the buildings to provide for visual interest and to break up the mass of thebuilding design.


3.1 The site is a small part of a larger lot (proposed Lot 1 on PS643514T, as approved underPlanning Permit No. KP977/07) which is presently used for industrial / commercialpurposes.

3.2 The aerial photograph and plan of subdivision provided below provides an illustrativeanalysis of the Subject Land (shown in a red circle) and surrounding environs.

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3.3 The subject site is located on the west side of Nepean Highway, between Highett Road andBay Road. The site is currently occupied by two (2) warehouses and was previously used forindustrial purposes (printing and warehousing in association with the business currentlyoperating from No. 1144 Nepean Hwy, Highett, known as ‘ABNote’ (previously LeighMarden).

3.4 The site is an irregular shaped allotment with a frontage to the Nepean Hwy service road of104.02 metres and 112.19 metres to the Sir William Fry Reserve (southern boundary). Thesite has an overall site area of approximately 0.6067 hectares (6,067 square metres).Vehicle access to the site is currently provided via two crossovers to the northern andsouthern side of the site, of 9.5 metres and 8.2 metres width, respectively.

3.5 There is a notable difference of approximately 2 metres between the level of the NepeanHwy and that of the service road.

3.6 No Stopping restrictions currently apply along the site’s frontage to the Nepean Hwy serviceroad.

3.7 The site contains a number of mature trees and vegetation.

3.8 Nepean Highway is a primary arterial road and a Road Zone Category 1b according to theKingston Planning Scheme. In the vicinity of the site it comprises three lanes in eachdirection divided by a central median. The speed limit on the main carriageway is 80 km/h.A one-way service road with a carriageway width of approximately 7.0 m abuts the site. Thespeed limit in the service road is 50 km/h.

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3.9 Buses operate along the main carriageway of Nepean Highway with the nearest stopslocated about midway along the frontage of the site

3.10 Two (2) power poles are located within the kerb, approximately 49 metres and 89 metresnorth of the southern property boundary

3.11 The subject site is located within a Residential 1 Zone and is subject to an EnvironmentalAudit Overlay and Design Development overlay Schedule 12 under the Kingston PlanningScheme. Land-use in the immediate vicinity of the site is predominantly residential, with asmall number of existing commercial / industrial uses located along the Nepean Hwy(nominated as a Road Zone Category 1). These non-residential land uses in the immediateproximity include;

Moorabbin Court house, located 150 metres north of the subject site.

Sir William Fry Reserve, located adjacent to the site to the south.

Buckingham Motor Inn, located on the Nepean Hwy, approximately 375 metres north ofthe subject site.

Highett Reserve, located on Turner Road approximately 400 metres north-east of thesubject site.

Southland Shopping Centre, located approximately 400 metres south of the subject siteat the intersection of Nepean Hwy and Bay Road.

Highett Road Shopping Strip, including shops, supermarkets, banks etc., locatedapproximately 700 metres north-west of the subject site.

Highett Railway Station located approximately 900 metres north-west of the subject site.

Residentially zone land within immediate proximity includes;

No. 1144-1148 Nepean Hwy, located adjacent to the subject site to the south, whichcomprises an overall area of 21272.44m2. Whilst this land is zoned for residentialpurposes, the existing industrial building on the land is still in operation, known asABNote (previously Leigh Marden). A Section 173 Agreement (AG286440X) has beenentered into by the owner of the land, requiring manufacturing and / or warehouse usesto cease on the site by 16th February, 2030.

No. 1136-1138 Nepean Hwy, the former Highett Gasworks land, is located north of theMagistrates’ court. The land is 6.3 hectares in area, is currently vacant of any buildingsand is undergoing remediation. A heritage listed chimney is centrally located on this site.

No. 1142 Nepean Hwy, Highett, located south of the magistrates court. The land is2805.3m2 and a recent Planning Permit No. KP09/318 was issued by the City ofKingston on the 23rd April, 2010 for the construction of 78 dwellings with threebuildings of three to five storeys height in a Residential 1 Zone, alteration of access to aRoad Zone Category 1 pursuant to Clause 52.29 of the Kingston Planning Scheme and areduction in car parking requirements pursuant to Clause 52.06 of the Kingston PlanningScheme. Works have currently started on the site.

4.0 TITLE DETAILS

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4.1 LOT NOT SUBDIVIDED.

4.2 The Permit Applicant has completed the planning application form declaring that there is norestrictive covenant on the title. A Section 173 is registered on the title which states thefollowing specific obligations;

3.1 Immediately after the execution of this Agreement, the Owner will amend its townplanning application KP977/07 by withdrawing its request to develop and use partof the Subject land for the purpose of offices under the Planning Scheme, so that thesaid lad will then relate on to the subdivision and realignment of the boundaries ofthe Subject Land;

3.2 On and from the 21st anniversary of the issuance of the last of the Planning Permits(and provided always that the Subject Land has been re-zoned as a Residential 1Zone), the Owner;

a) will cease to use the Subject Land for its existing use including warehouseand / or manufacturing purposes; and

b) will not seek to rely on any then existing use rights in relation to hesubsequent use of the Subject Land.

3.3 On and from the last to occur of the issuance of both planning Permits and theSubject Land having been re-zoned as a Residential 1 Zone, the owner;

a) will use and develop the Subject Land in accordance with the provisions ofthe Planning Scheme then in plans (subject to the Owner’s existing use rightsuntil their expiry under clause 3.2 and subject to the provisions of thePlanning Permit and this agreement);

b) will not develop or use the Subject Land or any part of it for the purpose of aCar Wash, Service Station or Convenience Restaurant;

c) will set aside part of the Subject Land to be developed as a road within aroad reserve of 16 metres in width in a location agreed between Council, theOwner and the registered proprietor of the Adjoining Land (all actingreasonably) which provides a link between the Nepean Highway and thewestern boundary of the Subject Land so as to give road access to theAdjoining Land; and

d) will ensure that the location of the road referred to in clause 3.2(c) will besuch as to align with any road west of the western boundary of the SubjectLand or otherwise in accordance with any strategic plan, development planor like document then in existence and adopted by Council.

Note: As referenced above KP977/07 was issued by the City of Kingston on the 16th

February, 2009, for the subdivision (boundary alignment) of the site.

Council Officer’s are satisfied that the proposed development meets the above requirementscontained within this agreement recognising that the proposed transition of part of the landcovered by the agreement from Industrial to Residential was not envisaged to occur asquickly as it now appears intended at the time of entering into this agreement. The subjectsite does not connect with the adjoining land known as the Gas and Fuel Site (No. 1133-1138 Nepean Hwy, Highett). The S173 agreement is applicable to the whole land known as

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No. 1144 Nepean Hwy and any future stages of development will be further required tocomply with the abovementioned requirements.

Council Officer’s consider that the ‘Link Road’ is a crucial part of connectivity of futuredevelopment within this precinct as stipulated within the S173 Agreement and within theDesign Development Overlay Schedule 12. Further details regarding the link road arediscussed later within this report.

5.0 SITE HISTORY

5.1 Council records indicate that the following Planning Permit(s) have been issued for this site;

Council Record No. 1668 was issued by Council on the 3rd August, 1979, for theerection of signage.

Council Record No. 1855 was issued by Council on the 12th October, 1981, for theconstruction of extensions to a building.

Town Planning Permit No. TP96757 was issued by Council on the 3rd August, 1979, forthe widening of an existing crossover.

Planning Permit No. KP808/07 was issued by the City of Kingston on the 16th February,2009, for buildings and works comprising a warehouse and additional car parking.

Planning Permit No. KP977/07 was issued by the City of Kingston on the 16th February,2009, for the subdivision (boundary alignment) of the site. The Plan of Subdivision forthis boundary realignment has not been lodged with the Land titles Office to date.


6.1 The subject site is located within a Residential 1 Zone and is subject to an EnvironmentalAudit Overlay and Design Development Overlay Schedule 12.

6.2 Nepean Highway is identified in a Road Zone Category 1.


Pursuant to Clause 32.01 Residential Zone 1, a planning permit is required to constructtwo (2) or more dwellings on a lot.

Pursuant to Clause 43.02 Design Development Overlay, a planning permit is required toconstruct a building or construct and carry out works. A planning permit is also requiredto vary the height requirement as stipulated within the Schedule to this overlay.

Pursuant to Clause 52.06, a planning permit is required to reduce / waive car parkingrequirements.

Pursuant to Clause 52.29, a planning permit is required to construct or alter an access toa Road Zone Category 1.

8.0 AMENDMENT TO THE APPLICATION BEFORE NOTIFICATION

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8.1 The application was amended by the applicant on the 24th June, 2010, in response to theinitial concerns outlined within the Planning Officer’s further information letter (dated the8th December, 2009). It is these revised plans that formed part of the advertisingdocumentation.

9.0 ADVERTISING

9.1 The proposal was advertised by sending notices to adjoining and opposite property ownersand occupiers and by maintaining a large notice (1.8m by 1.2m) on site for fourteen (14)days. No objections to the application were received.

9.2 In addition to the letters sent to the wider community, the application was also advertised toVic Track, Bayside City Council and the State Government (Department of Treasury andFinance) for comment who offered no objection to the proposal.

10.0 AMENDMENT TO THE APPLICATION AFTER NOTIFICATION

b. Following the advertising process, the plans have been further amended on a number ofoccasions to address some of the concerns raised by internal departments; these changeswere minor in nature and did not warrant the readvertising of the application. (Note: there were no external changes made to the plans as part of the above amendments) c. The applicant submitted a complete set of development plans on the 5th November2010, these constitute those that are now under consideration by Council and, therefore,supersede all earlier development plans.

11.0 REFERRALS

11.1 The application was referred externally to the following;

Metropolitan Fire and Emergency Services Board (MFB)

Director of Public Transport

Vic Roads

EPA

All of the abovementioned authorities advised of no objection to the proposed developmentsubject to the inclusion of suitable conditions being placed on any permit issued. Theseconditions are included as part of Council Officer’s recommendation.

Please note that the EPA and Department of Public Transport offered no response.

11.2 The application was referred internally to the following Council departments (whereappropriate amended plans have been re referred):

Council’s Development Engineer;

Council’s Vegetation Management Officer;

Council’s Traffic Department;

Council’s Strategic Planning Team;

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Council’s Roads and Drains Department;

Council’s Environmental Planning Team;

Council’s Waste Management Officer; and

Council’s Parks Coordinator.

The relevant comments (where provided) from the abovementioned departments are detailedbelow;

11.3 Traffic Department

Visitor Parking

Traffic Engineering is satisfied that the proposed provision of 140 basement car spaceswould accommodate 134 resident vehicles but there would be a shortfall of 17 visitorspaces.

A traffic report submitted by the applicant, prepared by TTM claims:

Basement spaces are not suitable for visitors;

The 15 spaces on the new street (Link Street) would be more than adequate to servebusiness period demand (for residential visitors); and

During evenings and on weekends the service road will be available for visitors.

Traffic Engineering does not agree with these assertions. Traffic Engineering recommendsthat at least some of the Clause 55 visitor parking requirement (e.g. 9 visitor car spaces) beprovided on-site within the basement. Visitor spaces should be suitably marked as visitorparking and be conveniently accessible.

Link Road

The proposed carriageway width of Link Street is 9.5 m which is proposed to accommodateparallel parking both sides. This is not an appropriate width viz. 9.5 – (2 x 2.3 m parkingboth sides)/2 = 2.45 m through lanes in each direction, which is considered too narrow.

The width of Link Street needs to be co-ordinated over its ultimate length (i.e. not just thesubject site). This needs to have regard to the volume of traffic that the road wouldultimately carry, the desired level of on-street parking (including any visitor parking) andaccess for emergency and service vehicles. Traffic Engineering recommends a 3 metrethrough lane and 1.5 metre bicycle lane in each direction with a 2.5 metre indented parkinglanes both sides with street trees at intervals in the parking lane i.e. a total carriageway widthof 14 metres with 4 metre verges both sides (including a 1.5 m footpath) - a total roadreserve width of 22 metres.

Basement

The only pedestrian access to the basement car spaces (and bins) from buildings 2 & 3 is viaa single lift in each building. This is likely to be problematic should the lift fail.

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Traffic Network

Traffic Engineering considers the amount of traffic generated will vary with the size of thedwellings as follows:

Studio: 4 trips / household / day1 bedroom 5 trips / household / day2 bedroom 6 trips / household / day

On this basis the proposed development would generate 706 trips per day. Approximately10% of these trips i.e. 70 trips / hour would occur in each of the AM and PM peak hours i.e.on average just over one trip per minute.

This would not, in itself, have any profound impact on the safety and operation of thesurrounding road network however Traffic Engineering is concerned at the incrementalaffect of this and similar redevelopment along the highway.

The U-turn to the service road for southbound traffic on the highway involves turning across3 lanes of northbound traffic on the highway and also giving way to traffic in the serviceroad. This is undesirable from a safety perspective.

Consideration could be given to a ‘No Parking’ area that would also facilitate removalistsetc.

Traffic Engineering is generally concerned with the lack of road network planning to dateassociated with this site and the various other sites (outside the scope of this application)along Nepean Highway that are earmarked for redevelopment under the Highett ActivityCentre Policy.

Any permit issued must include a note prohibiting residents/tenants of the proposeddevelopment from being able to obtain resident or visitor parking permits. A number ofadditional conditions have been including as part of Council Officers recommendationrelating specifically to traffic.

11.4 Parks and Urban Design

Overall Comments

Sir William Fry Reserve is a significant District-classification component of Council's openspace. Given the proposed development and the proposed medium density development atthe former Gas & Fuel site, Sir William Fry Reserve will take on a much more significantrole in providing quality public open space and recreational facilities in this area. ThePlayground Strategy recognises the increasing significance of Sir William Fry Reserve inproviding quality District-level play opportunities in this catchment area.

It appears that consideration has been given by the developers/architects to design buildingsthat do not impose bulk on the surrounding parkland. Importantly, the design intentexpressed in the documentation and in the drawings focus on integration between the privateand public domains. Amongst the many benefits that this integrated interface will provide,

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it is critical to increase surveillance and therefore minimise the current high incidence ofvandalism at Sir William Fry Reserve. Visual and physical integration of the open spaceprecinct and the new development is integral.

It is encouraging to see an overall water sensitive urban design approach in thisdevelopment. From Council's perspective, it is very desirable to investigate, as part of theplanning application process, the possibility of using overflow storm water from the overalldevelopment site to augment Council proposals to divert storm water into the ornamentallake at Sir William Fry Reserve.

Sir William Fry Reserve/Proposed development site interface

The use of a palisade-style fence or a seamless boundary between Sir William Fry Reserveand the new development is desirable and supported at this site. It is beneficial to both newresidents and park users to create a well-landscaped, visually seamless interface. From asurveillance perspective, this approach will minimise the incidence of vandalism at SirWilliam Fry Reserve.

I would suggest the following considerations:

Consideration should be given to the material used to construct a palisade-style fence.Aluminium will resist natural weathering and corrosion. If steel is used, hot-dippedgalvanising with powder-coat or two-pack is essential to decrease future maintenancecosts.

Are gates being considered by the designers between the reserve and the residentialarea? What system will be used for control? Who has access?

Many of the existing trees located on the Sir William Fry side of the boundary are in poorcondition and are senescent. There is an excellent opportunity to look at selective removalof dead trees, trees that are senescent and trees with poor form with a view to providingsignificant new planting at this interface in a way that enhances the vegetative interfacebetween the two sites.

Proposed public paths/shared trails

From a circulation perspective within the park, a new circulation/perimeter path, one thatconnects existing paths and recreational facilities at the reserve and allows for future pathsto connect to the Gas & Fuel site, is supported. The existing, predominant users of SirWilliam Fry Reserve are dog-owners and walkers.

It is considered that new pedestrian path from the access points to the existing pathwayswithin the reserve is reasonable and should improve the connection between William FryReserve and the proposed development. Design specifications should be to the satisfactionof Council’s Parks and Urban Design Department to ensure a seamless transition betweenany new and existing paths. A contribution to such works could be facilitated through anappropriate planning permit condition.

Public Lighting

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It would be desirable to install path lighting at Sir William Fry Reserve as there is noexisting park/path lighting and this would improve safety and linkages between the park, carpark and the highway.

Planting plan (TP01)

Trees

The overall planting schedule and street tree selection proposed by the developer in DrawingTP01 is satisfactory. I would note the following requests:

The proposed use of Quercus robur 'Fastigiata" (Fastigiate English Oaks) on theservice road nature strips is not supported. Council nominates the use of Ulmusparvifolia 'Todd' (Chinese Elms - narrow form).

It would be prudent to substitute the use of Acer species on the internal northern roadwithin the proposed development. In Kingston soils combined with a north and west-facing aspect, it is likely that this species will burn. I would recommend the followingspecies:

o Ulmus parvifolia (Chinese Elms)

o Pyrus spp. (Ornamental Pears)

o Melia azedarach 'Elite" (Australian White Cedar)

o Zelkova serrata (Zelkova)

Large Shrubs

It is recommended that Rhapiolepsis indica should not be used. It is a weed species.

It is also suggested that the use of Xanthorrhoea (Australian Grass Trees) should beavoided.

Artificial Grass

The amount of artificial grass proposed throughout the development is not supported andalternate landscaping treatments should be provided. It is desirable from an environmentalperspective to use a living surface where grass is desired.

Storm Water

Although not directly related to the Planning Permit Application It is very desirable, fromCouncil's perspective, to investigate the shared use of storm water as the water suppliesoriginally used to fill the lake in the Sir William Fry Reserve given the use of potable andbore water has ceased.

The ornamental lake was a key feature of Sir William Fry Reserve. If water, even on anephemeral basis, cannot be diverted to the ornamental lake, the reason for having a lake isremoved and therefore the ornamental lake itself should be removed. Once the internal

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needs of the new development are satisfied, there is great merit in investigating thepossibility of diverting overflow water into the lake.

I strongly advocate for the use of excess storm water from the development site to be used toaugment water levels in the ornamental lake at Sir William Fry Reserve. The applicationmakes note that some of the storm water could also be used to supplement irrigation needs atSir William Fry Reserve. This is not required. The tree and planting palette of the parkdoes not require irrigation and as such it is preferred that any excess storm water should bediverted to the lake.

Opportunities to also treat this water through the use of WSUD integrated into the Parkslandscape provides additional benefits in terms ore reducing the pollute load into thestormwater system had a conventional drainage approach been used.

11.5 Environment Planning

Council’s Environmental Planning team advised of no objection to the proposeddevelopment subject to the inclusion of suitable drainage conditions being placed on anypermit issued. These conditions are included as part of Council Officers recommendation.

Council Officer’s expressed concern with regards to their not being any provision for threebedroom apartments.

The applicant has not specified how they propose the roof space to be used which should beclarified.

11.6 Vegetation Management

Council’s Vegetation Management Officer advised of no objection to the proposeddevelopment subject to the inclusion of suitable conditions being placed on any permitissued. These conditions are included as part of Council Officers recommendation.

11.7 Drainage Engineering

Council’s Roads and Drains Department advised of no objection to the proposeddevelopment subject to the inclusion of suitable conditions being placed on any permitissued. These conditions are included as part of Council Officers recommendation.Discussion regarding the Drainage Strategy as required as part of the Design DevelopmentOverlay is further discussed in Section 13.16.2 of this report.

11.8 Sustainable Development

Council’s Sustainable Development Assessment Officer advised of no objection to theproposed development subject to the inclusion of suitable conditions being placed on anypermit issued. These conditions are included as part of Council Officers recommendation.

More specifically, the following comments were provided;

i. All bathrooms on an external wall should install an openable window to reduce theneed for artificial lighting.

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ii. All top floor apartments should be provided with increased access to natural light byhaving energy efficient openable skylights (facing south) or clerestory windows (facingnorth) to all bathrooms, study areas and kitchens that are located far from windows.

iii. Install skylights or clerestory windows on the top floor of all lobby areas.

iv. Place highlight windows to all in Building 2 and 3 study areas facing south west toobtain borrowed light.

v. Install an air lock to all entrances i.e. there should be two sets of doors at the entry tominimise hot air entering in summer and cold air in winter.

vi. Install garden beds to all balconies.

11.9 Waste Management

Council’s Waste Management Department has no in principle objection to the developmentproviding a Waste Management Plan is provided as part of any permit issued to thesatisfaction of the Responsible Authority.

The preference is that this waste collection is serviced by Council, if access is requiredhowever; an indemnity will be required for trucks to enter the site. All roads should be builtto standard and truck clearance & turning capabilities will need to be considered.

11.10 Melbourne Water

Advised of no objection to the proposed development subject to the inclusion of suitabledrainage conditions being placed on any permit issued. These conditions are included as partof Council Officers recommendation.

11.11 Metropolitan Fire Brigade (MFB)

Advised of no objection to the proposed development and provided comments which shallbe included in the ‘NOTE’ section of any permit issued. These notes are included as part ofCouncil Officers recommendation.

11.12 Vic Roads

No objection to the planning application for the use and development for the site, generallyin accordance with the plans, subject to the following conditions;

Any redundant crossovers to the development on Nepean Highway must be removed andthe kerb, channel, footpath and nature strip reinstated to the satisfaction of and at no costto Vic Roads or the Responsible Authority.

Any redundant crossovers to the development on Nepean Highway must be removed andthe kerb, channel, footpath and nature strip reinstated to the satisfaction of and at no costto Vic Roads or the Responsible Authority.


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Clause 11: Settlement Clause 12: Environment and landscape valuesClause 13: Environmental risksClause 14: Natural resource managementClause 15: Built Environment and heritage Clause 16: Housing Clause 18: TransportClause 19: Infrastructure


Clause 21.03: Land Use Challenges for the New Millennium Clause 21.04: VisionClause 21.05: Residential Land UseClause 21.12: Transport, Movement and AccessClause 22.11: Residential Development PolicyClause 22.17: Highett Activity Centre Policy

12.3 Zoning

Clause 32.01: Residential 1 Zone

12.4 Overlays

Clause 43.02: Design Development Overlay Schedule 12 Highett Activity CentreClause 45.03: Environmental Audit Overlay


Clause 52.06 (Car parking)Clause 52.29 (Land Adjacent to a Road Zone, Category 1 or a Public Acquisition Overlayfor a Category 1 Road)Clause 52.34 (Bicycle Facilities)Clause 52.35 (Urban Context Report and Design Response for Residential Development ofFour or More Storeys)



13.0 PLANNING CONSIDERATIONS AND DISCUSSION:

13.1 The following sections will consider the application against the relevant provisions of theState Planning Policy Framework (SPPF), Local Planning Policy Framework (LPPF),zoning and overlay objectives and the particular provisions of the Kingston PlanningScheme.

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13.2 STATE PLANNING POLICY FRAMEWORK

Clause 11 Settlement:

This clause recognises that planning is to anticipate and respond to the needs of existing andfuture communities and to facilitate sustainable development that takes full advantage ofexisting settlement patterns, and investment in transport and communication, water andsewerage and social facilities. A number of objectives, as relevant to this application, are asfollows;

To build up activity centre as a focus for high-quality development, activity and livingfor the whole community by developing a network of activity centres;

To encourage concentration of major retail, residential, commercial and administrative,entertainment and cultural developments into activity centres which provide a variety ofland uses and are highly accessible to the community;

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

To facilitate the orderly development of urban areas;

To manage the sequence of development in growth areas so that services area availablefrom early in the life of new communities;

To assist creation of a diverse and integrated network of public open spacecommensurate with the needs of the community;

To provide for the long term management of public open space;

To set clear limits to Metropolitan Melbourne’s urban development;

The proposed development is considered to satisfy the objectives by introducing a newresidential component on the site and into the area in the form of apartment style dwellings. Clause 13 Environmental Risks

This clause aims to ensure that planning adopts a best practice environmental managementand risk management approach which aims to avoid or minimise environmental degradationand hazards.

Clause 13.03-1 ‘Use of contaminated and potentially contaminated land’ seeks to ensurethat potentially contaminated land is suitable for its intended use and development and thatcontaminated land is safely used. Relevant strategies require applicants to provide adequateinformation on the potential for contamination to have adverse effects on the future landuse, where the subject land is known to have been previously used for industry etc.

An Environmental Audit Overlay is applicable to the subject site, and through the provisionis suitable environment conditions, will ensure that the sensitive use is appropriate.

Clause 14 Natural Resource Management

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This clause seeks to assist in the conservation and wise use of natural resources includingenergy, water, land, stone and minerals to support both environmentally quality andsustainable development.

It is considered that the proposed development is consistent with this clause and inparticular Clause 14.02 ‘Water’, Clause 14.02-2 ‘Water quality’ and Clause 14.02-3 ‘Waterconservation’ whereby the development proposes to undertake sustainable measures toproactively reallocate stormwater runoff from the developed area into the neighbouringparkland, with appropriate filtration methods to Council’s satisfaction. This is in addition toproviding the use of alternative water source such as rainwater tanks.

13.3 Clause 15: Built Environment and Heritage

The following objectives are considered relevant in the consideration of this applicationunder this Clause of the Scheme:

Clause 15.01 ‘Urban Environment’ seeks to “to create urban environments that are safe,functional, and provide good quality environments with a sense of place and culturalidentity” and “to achieve architectural and urban design outcomes that contributepositively to local urban character and enhance public realm while minimising detrimentalimpact on neighbouring properties”.

Clause 15.01-2 – Urban Design Principles; seeks to achieve architectural and urban deignoutcomes that contribute positively to local urban character and enhance the public realmwhile minimising detrimental impact on neighbouring properties.

Pursuant to Clause 15.01-2 the following design principles are relevant to this application:

Context

It is policy that:

development must take into account the natural, cultural and strategic context of itslocation;

Planning authorities should emphasise urban design policies and frameworks for keylocations or precincts; and

A comprehensive site analysis should be the starting point of the design process andform the basis for consideration of height, scale and massing of new development.

It is considered that the development takes into account the physical and strategic context ofthe site, which is located in close proximity to the Southland Shopping Centre (MajorActivity Centre) and the Highett Activity Centre (Neighbourhood Activity Centre). Anintensive residential land use and development is expected within this particular area, asidentified within the Local Planning Policy Framework and Design Development Overlayapplicable to the site. It is considered that the proposal adequately satisfies the aboveprovision.

The Public Realm

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It is policy that:

ii. the public realm, which includes main pedestrian spaces, streets, squares, parks andwalkways, should be protected and enhanced.

The site is currently occupied by industrial buildings with high cyclone fencing that offerslittle visual or physical connection to the street. The proposed development is in accordancewith the zoning of the land and the removal of the existing industrial buildings willintroduce and activate the site frontage with the existing urban area. The existing footpathon the service road provides access to and from the site as well as to and from thesurrounding area. A suitable condition to ensure that the footpath level remains unchangedshould be included as a condition.

Council Officers have spent substantial time working with the permit applicant and itsrepresentatives in order to ensure that the interface with the parkland and Nepean Highwayimmediately adjacent to the site is well integrated. In order to achieve this objective it isimportant that the following matters are included on a Planning Permit should Councilresolve to do so:

iii. The provision of an expanded landscape plan prepared in consultation with CouncilOfficers which shows:

k. Improvements to the Nepean Highway strip at the front of the site by providing forstreet trees, replacement paving and any required street planting deemed appropriate; l. Details in relation to any proposed fencing / gate treatments between the Sir William FryReserve and the subject land;m. The provision of detail showing the location of paving to illustrate how linkages fromthe subject development into the Sir William Fry Reserve are to be established;n. The provision of proposed planting in the reserve used to assist to establish linksbetween the development and key features within the reserve; ando. The provision made for landscape elements to complement the management ofstormwater from the subject land within the Sir William Fry reserve.

Subject to the above matters being incorporated Council Officer’s consider that theproposed development will allow for a substantially improved integration between thesubject land and the immediate surrounding area.

Officers also believe that it would be appropriate to consider undergrounding the existingpowerlines that run along the Nepean Highway to improve the presentation of the subjectland. It is recommended that discussions are held with the permit applicant and other partieswithin this precinct to determine the financial viability of achieving this outcome. A permitcondition could be included to allow an investigation to be undertaken as to the viabilitywith a view towards a collective approach to undergrounding the powerlines throughout thisprecinct.

Safety

It is policy that:

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new development should create urban environments that enhance personal safety andproperty security and where people feel safe to live, work and move in at any time.

The proposal does not appear to raise any issues in this respect and overall safety will beimproved via the visual surveillance from residential apartments with outdoor living areas,windows and the like to the streetscape and adjacent parkland.

Landmarks, Views and Vistas

It is policy that:

landmarks, views and vistas should be protected and enhanced or, where appropriate, createdby new additions to the built environment.

It is considered that the existing immediate area does not contain any significant landmarks,views or vistas, i.e., notwithstanding the heritage listed chimney located on the GasworksSite. It is considered that the proposal will in no way detrimentally impact on the heritagelisted chimney. The visibility of the Chimney from Nepean Highway will be a matter forconsideration regarding the future redevelopment of the Gas and Fuel site occur andheritage advice will be sought.

It should be noted that it is anticipated that a new character in this precinct is expectedthrough the outcomes sought in both Local Policy and Schedule 12 to the DesignDevelopment Overlay, which in this locality is yet to be fully achieved. The proposeddevelopment had been designed in response to this policy, which will be discussed at lengthlater in this report.

Pedestrian Spaces

It is policy that:

Design of interfaces between building and public spaces, including the arrangement ofadjoining activities, entrances, windows, and architectural detailing, should enhance the visual andsocial experience of the user;

It is considered that the proposal has adequately addressed the above provision. Variouselements have been included into the overall design of the buildings which enhance therelationship between the building, public spaces and proposed character anticipated for thearea, as referenced in the Local Planning Policies and Design Development Overlay.

The proposal provides an active street frontage to the Nepean Hwy service road that willvastly improve the existing conditions with respect to pedestrian amenity. The singlevehicular entry and basement car park ensures that the frontage is not dominated byaccessways or carparking.

It is considered that quality pedestrian spaces are provided for within the development.Pedestrians have direct access to the entrance foyers of Buildings 1 and 2 from thestreetscape which has a frontage to the service road and associated footpath. Central internalpedestrian walkways provide access to Building 3 at ground level. Further residents are ableto move between the adjacent parkland and within the ground level of the site where

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landscaping opportunities have been provided around the perimeter of the buildings andwithin the central courtyard. The permit applicant has throughout its discussion withCouncil Officers reinforced the importance of creating a meaningful link from itsdevelopment into the Sir William Fry Reserve through both landscape themes and anappropriate path network. The permit applicant has suggested that should Council be of theview that a Planning Permit should issue it would be appropriate to include a conditionrequiring a contribution to the landscaping and associated works to the park could facilitatefurther improvements to the pedestrian linkage between the development and the keyimmediate features of the Sir William Fry Reserve. Suggested permit conditions in order toachieve this outcome have been discussed in an earlier section of this report.

Heritage

It is policy that:

New development should respect, but not simply copy, historic precedents and create aworthy legacy for future generations.

As noted above (landmarks, views and vistas) the proposal does not raise any concerns withrespect to the any potential impact on the heritage chimney located at the Gasworks Sitenorth of the site.

Consolidation of Sites and Empty Sites

It is policy that:

new development should contribute to the complexity and diversity of the builtenvironment;

site consolidation should not result in street frontages that are out of keeping with thecomplexity and rhythm of existing streetscapes;

the development process should be managed so that sites are not in an unattractive,neglected state for excessive periods and the impacts from vacant sites are minimised.

The anticipated residential development of this area is yet to come to fruition following thecompletion of the Highett Structure Plan. The proposed development is the secondapplication within this precinct for the construction of residential development (the firstbeing KP318/09 at No. 1142 Nepean Hwy, Highett). It is considered that the proposeddevelopment is in keeping with the “complexity” and “rhythm” of the anticipated transitionfrom industrial to residential uses for this area.

Light and Shade

It is policy that:

the enjoyment of the public realm should be enhanced by a desirable balance of sunlightand shade; and

this balance should not be compromised by undesirable overshadowing or exposure tothe sun.

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The three separate building forms of the development create variations in the light andshade over public and private areas. Shadows cast by the development generally fall overthe subject site and adjoining parkland to the south. Careful consideration has been given toensuring that buildings have not been positioned with a lengthy immediate abuttal to theparkland for the length of the site boundary to mitigate against significant overshadowing.

Energy and Resource Efficiency

It is policy that:

all buildings, subdivisions and engineering works should promote more efficient use ofresources and energy efficiency.

Subject to the inclusion of suitable conditions as identified earlier in this report, it isconsidered that this development and buildings should be energy sufficient.

Architectural Quality

It is policy that:

new development should aspire to the high standards in architecture and urban design;and

any rooftop plant, lift over-runs, service entries, communication devices, and othertechnical attachment should be treated as part of the overall design.

It is considered that the proposal demonstrates a good level of architectural and urbandesign merit. The provision of three separate building forms coupled with a variety ofmaterials and colours achieves good articulation, visual interest and is a modern designresponse for the site. The squarish proportions tending to the horizontal, flat roofs, limitedornamentation are some key treatments characterised by the architectural form proposed.

It will be most important that should Council determine to issue a Planning Permit adetailed materials schedule is submitted to Council to ensure that the architectural integrityof the proposal is maintained through the documentation approved as part of the PlanningPermit.

The Design Development Overlay Schedule 12 specifies a preferred character for this areaand specific design objectives and standards which area discussed in more detail later in thisreport.

Landscape Architecture

It is policy that:

recognition should be given to the setting in which buildings are designed and theintegrating role of landscape architecture.

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There is a variety vegetation of low and moderate agricultural rating within the site proposedto be removed. Of particular importance are the moderate Spotted Gums and CoastalBanksias along the sites Service Road frontage. The development of this land forresidential development creates an opportunity to revegetate the site. Some areas of deepsoil planting (1.5 metres) have been provided within the site at ground floor which isproposed to be landscaped. The extensive basement limits the amount of meaningfulplanting room available.

The Design Development Overlay Schedule 12 specifies, amongst other things, that thelandscape design must provide canopy trees and native and indigenous plantings. This willbe discussed in more detail later in this report, and can be addressed via conditions.

Clause 15.02-1 ‘Energy and resource efficiency’ key objective is to ‘to encourage land useand development that is consistent with the efficient use of energy and the minimisation ofgreenhouse gas emissions’.

It is considered that the nature of the proposed development generally accords with theabove strategies for general implementation.

Under this section of the Scheme, it states that the Responsible Authority must consider,where relevant the document called “Design Guidelines for Higher Density ResidentialDevelopment” (Department of Sustainability & Environment, 2004). It is considered thatthe proposed development is generally consistent with each of the elements and designsuggestions within this document.

13.4 Clause 16: Housing

Clause 16.01: Residential development

It is considered that the following objectives under this Clause have been satisfied withrespect to the proposed residential development:

To promote a housing market that meets community needs;

To locate new housing in or close to activity centres and employment corridors and atother strategic development sites that offer good access to services and transport;

To identify strategic redevelopment sites for large residential development inMetropolitan Melbourne;

To provide a range of housing types to meet increasingly diverse needs; and

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

13.5 Clause 18: Transport

Key objectives relate to the proposal under this Clause of the Scheme, being:

To promote the use of sustainable personal transport.

To ensure an adequate supply of car parking that is appropriately designed and located.

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The proposal is located approximately 800 metres from the Highett Railway Station andapproximately 600 metres from the Southland Shopping Centre which has excellent accessto bus services. The site is suitably located to encourage pedestrian movements between andto the activity centres. Car parking within the development is provided in the form of abasement. Overall is considered that the site’s location takes advantage of all major forms ofpublic and private transportation services available including train, bus, private vehicle,walking and bicycle etc.

13.6 Clause 19 (Infrastructure)

This clause aims to ensure that the development of social and physical infrastructure isprovided in a way that is efficient, equitable, accessible and timely.

It is submitted that the subject proposal is consistent with the aforementioned Statestrategies and policy direction. Specifically, the subject site is located on a large parcel ofland earmarked as a residential opportunity site. Subject to the inclusion of appropriateplanning permit conditions the development itself achieves an appropriate standard whenassessed against urban design principles and the site enjoys convenient and direct access tocommunity facilities and local transport nodes.

13.7 LOCAL PLANNING POLICY FRAMEWORK

The Local Planning Policy Framework (LPPF) contains Council’s strategic direction, theMunicipal Strategic Statement (MSS), which is an extension of direction established by theSPPF, and the local policies that implement the LPPF.

Within Clause 21 (MSS) of the Kingston Planning Scheme, the following six (6) attributes aresubmitted as being the most relevant to the consideration of the proposal:

Clause 21.04: Vision Clause 21.05: Residential Land Use Clause 21.12: Transport, Movement and Access Clause 22.11: Residential Development Policy Clause 22.16: Highett Activity Centre Policy

After reviewing the relevant strategic directions that emerge from the above-mentioned Clauses, thefollowing can be summarised:

13.8 Clause 21.03: Land Use Challenges for the New Millennium

Future housing needs are considered to be one of the key land use challenges that Council asthe Responsible Authority faces in the years ahead.

Future housing need

“Kingston’s population is continuing to age at a faster rate than the metropolitan average.The ageing of the population, coupled with the metropolitan wide trend towards smaller

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household size, may lead to a significant imbalance in future decades between the type ofhousing stock available in Kingston and the actual housing needs of the population.

The need to provide suitable housing stock which meets the future housing needs of ourpopulation and to sustain an appropriate mix of supporting urban infrastructure willcontinue to provide a focus for Council’s residential land use planning”.

As previously discussed, the ageing population of the municipality and smaller householdshas generated significant demand for smaller and more affordable housing choice. It isimperative that housing diversity is supported and promoted within Kingston given theimportance of providing housing opportunities for persons at every stage of the life cycle.

13.9 Clause 21.04 Vision

This policy sets out the main land use themes within the City of Kingston which includesresidential land uses, retail and commercial land uses, industrial land uses, foreshore landuses and wetlands and waterways land uses. As relevant to this application, the broaddirection of overall strategic framework plan identifies Highett as an area for the promotionof medium to higher density housing opportunities. It is considered that the proposal is inaccordance with the broad direction set by this policy.

13.10 Clause 21.05: Residential Land Use

This clause makes specific reference to Kingston’s ‘Large Residential Opportunity Sites’within the municipality, which includes ‘the former Gas and Fuel site at 1138 NepeanHighway, Highett [which] will become available for redevelopment in coming years’. Thesubject site is considered to be contained within this precinct earmarked for futureredevelopment.

The subject site is located in an area designated for ‘Increased Housing Diversity’ withinthis policy. The intention in these areas is that new medium density housing will compriseof a variety of housing types and layouts to respond to the established but evolving urbancharacter.

This clause identifies a number of key issues, objectives and strategies to address these keyissues for future residential land use planning within the City of Kingston.

The key issues are as follows;

Impacts of a decreasing average household size and a general ageing of the populationon the demand for additional dwellings.

Impact of future changes in household structure on the demand for greater diversity ofhousing stock.

Impact of future population changes on the supply of and demand for community andsocial facilities.

Impact of new residential development in established urban areas on existing ageinginfrastructure such as drains and roads.

Loss of vegetation and historic buildings through the redevelopment process.

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Impact of new residential development on the character and amenity of existingresidential areas.

The need to understand the capacity of local areas to accommodate increased housingdiversity.

The need to promote quality and environmentally sustainable residential development.

Management of the interfaces between residential areas and other sensitive/strategicland uses.

Identification of households with specific housing needs within the Kingston community,including older people and people on low incomes.

The objectives, as relevant to this application, are as follows;

to provide a wide range of housing types across the municipality to increase housingdiversity and cater for the changing needs of current and future populations, taking account of thedifferential capacity of local areas in Kingston to accommodate different types and rates of housingchange;

to ensure new residential development respects neighbourhood character and is siteresponsive, and that medium density dwellings are of the highest design quality;

to preserve and enhance well landscaped/vegetated environments and protect identifiedsignificant vegetation;

to promote more environmentally sustainable forms of residential development;

to manage the interface between residential development and adjoining or nearbysensitive/strategic land uses; and

to ensure residential development does not exceed known physical infrastructurecapacities.

Relevant strategies to achieve these objectives (as relevant to this application) include(emphasis added):

Encourage residential development within activity centres via shop-top housing andmixed use developments, and on transitional sites at the periphery of activity centres. The intensityand scale of such development will need to be in keeping with the scale of these centres;

Support innovative residential infill development on former industrial sites adjacent toestablished residential areas, and on other mixed use or traditionally non-residential sites whereappropriate;

Promote a range of lot sizes and housing types, including medium density housing, onlarge residential opportunity sites, particularly where such sites have good access to publictransport and other facilities;

Promote new residential development which is of a high standard, responds to the localcontext and positively contributes to the character and identity of the local neighbourhood;

Promote new residential development which provides a high standard of amenity andquality of life for future occupants;

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Ensure that the planning, design, siting and construction of new residentialdevelopment responds to best practice environmental design guidelines for energy efficiency, wasteand recycling, and stormwater management;

Promote medium density housing development in close proximity to public transportfacilities, particularly train stations;

Require the provision of car parking to satisfy the anticipated demand having regard toaverage car ownership levels in the area, the environmental capacity of the local street networkand the proximity of public transport and nearby on and off street car parking.

It is considered that the proposed development satisfies the broader strategic objectives asoutlined in Council’s Municipal Strategic Statement, through the provision of medium tohigher density housing on a large redevelopment site. Subject to the inclusion of appropriateplanning permit conditions it is considered that the proposal creates an adequate standard ofamenity for the future occupants of each of the proposed apartments and for occupants ofexisting dwellings in the broader area.

13.11 Clause 21.12: Transport, Movement And Access

As relevant to this application, it is policy to:

create a safe, convenient and efficient road network based on functional hierarchy oflocal and regional road linkages, which meets the transport and freight needs ofKingston’s residents, businesses and through traffic; and

integrate public transport, road, pedestrian and cycle systems with activity centres,schools and other community and social infrastructure, as a means of providingequitable and safe vehicular, pedestrian and cyclist movement and access for thecommunity.

To protect and enhance the amenity of Kingston’s residential areas and other sensitiveland uses through appropriate management of transport networks.

It is considered that the proposal is in accordance with the abovementioned policy directionsprovided the integration improvements from the subject land identified through thesuggested planning permit conditions are implemented.

Further discussion regarding the broader traffic issues relevant to this precinct are discussedin a subsequent section of this report.


The purpose of this policy is to identify those locations where increased housing diversity,incremental housing change, minimal housing change and residential renewal will beencouraged and provide policy guidance on how development design should respond tomeet the desired objectives.

As outlined previously, the subject site is located in an area designated for ‘IncreasedHousing Diversity’ within this policy. The intention in these areas is that new medium

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density housing will comprise of a variety of housing types and layouts to respond to theestablished but evolving urban character.


Encourage increased residential densities and a wider diversity in housing types andsizes in areas which are within convenient walking distance of public transport andactivity centres.

Encourage all new residential development to respond positively and creatively toneighbourhood character. Unless a preferred character is specified, the existingcharacter is that which is to be considered.

Ensure that the design and layout of new dwellings incorporate features which minimiseoverlooking of adjacent properties.

Address potential overlooking through site layout planning as well as individualdwelling planning.

Ensure that adequate on-site car parking is provided to meet the needs of futureresidents and visitors and sited to reduce its impact on the streetscape.

Ensure that new residential development limits the impact of increased stormwater run-off on drainage systems.

In summary, the proposal is seen to be consistent with Council’s Local Planning PolicyFramework and, importantly, it delivers on some very specific objectives for the type andform of medium density development expected in areas such as this before the Council.

The discussion with regard to the provision of adequate car parking is discussed at Section13.19.

13.13 Clause 22.17 Highett Activity Centre Policy

The purpose of this policy is to implement the Highett Structure Plan, 2006, which providesa preferred future pattern of development in the Highett area. It guides land uses, level ofactivity, forms of buildings and access arrangements that are encouraged throughout the areain the future.

Where a permit is required for the development of land within the policy area, whererelevant, it is policy to (emphasis added):

Built Form

Promote designs that highlight key corners, entries or landmarks through designprojection, detailing and massing that presents to both street frontages and the sitessurroundings.

Maximise development opportunities on vacant and underutilised land which respondsto the urban quality, proximity to transport and activity centres.

Ensure new development recognises the character of Highett’s established residentialareas.

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Encourage well-designed medium density residential redevelopment in designatedpreferred medium density residential areas.

Promote a diverse range of housing types and sizes within areas identified for increasedresidential and mixed use development.

Manage redevelopment in those residential areas not identified as preferred areas formedium density housing pursuant to existing Council policies and ResCode.

Access

Improve access from existing and future residential areas to Sir William Fry Reserve,Southland and the Nepean Hwy.

The subject site is identified within ‘Precinct 3: Increased Density – Highway West’ of thispolicy, where in addition to the general policies, as relevant to this application, in thisparticular precinct it is policy to (emphasis added):

Promote increased density housing.

Facilitate the integrated development of the precinct by rezoning land from the PublicUse Zone 1 and Business 3 Zone to a Residential 1 Zone and applying appropriateoverlay controls to provide for an integrated development and to ensure that thedevelopment is responsive to the physical and environmental issues affecting theprecinct and surrounding area.

Encourage the development of residential dwellings of various sizes and formats.

Limit local retail, home office and medical uses at ground level. These uses should onlybe encouraged when part of a multi-level development.

Ensure buildings address Nepean Highway and any new network of streetsestablished throughout the precinct to provide for surveillance of the Sir William FryReserve.

Ensure that development provides a mixture of building heights and varying builtforms and layouts to provide visual interest.

Achieving innovative contemporary design and built form for all new developmentthat is based on the best current architectural design practice and sustainabilityprinciples.

Provide for buildings which are visually diverse and contribute to the public realmthrough the use of varied, high quality and environmentally appropriate materials.

Apply appropriate building setbacks for new development, ensuring that buildingoccupants and users have a high level of amenity including daylight access and outlook.

Achieve the development of high quality landscape treatment (including main roadboulevard planting, canopy tree planting, screen planting, extensive tree plantings andtheme plantings in appropriate locations) to be complemented by appropriate setbacksand built form.

Ensure that building heights increase to a maximum furthest from establishedresidential areas to the north and where contours of the land fall to minimise visualimpact from surrounding residential areas.

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Relocate existing pedestrian lights on Highett Road to the Station Street intersection toprovide an appropriate connection between the precinct and the Activity Centre.

Promote traffic management that minimises impact on adjoining residential areas.

Ensure that primary vehicle access for all traffic from the precinct is directed to NepeanHwy to mitigate traffic impacts and minimise the speed and volume of vehiclemovements within the adjoining residential area.

Encourage car parking within multi level buildings. Visible ground level car parkingwill generally be discouraged, except for short-term parking.

Maximise alternative modes of transport and minimise environmental impactsassociated with car parking.

It is considered that subject to the inclusion of appropriate conditions should a PlanningPermit issue this application meets the objectives relevant to the proposal.


13.15 Clause 32.01 Residential 1 Zone.

The subject site is zoned Residential 1. The purpose of this zone is;

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

To provide for residential development at a range of densities with a variety ofdwellings to meet the housing needs of all households.

To encourage residential development that respects the neighbourhood character.

In appropriate locations, to allow educational, recreational, religious, community and alimited range of other non-residential uses to serve local community needs.

It is considered that the proposed development satisfies the purpose of the zone.


13.17 Clause 43.02: Design Development Overlay Schedule 12 – Highett Activity Centre

The site is subject to the Design Development Overlay Schedule 12 Highett Activity Centre,where all buildings should achieve a high standard of building design and articulation. Thesubject site is specifically nominated within Increased Density Highway West precinct, AreaNo. H6(b) of this Schedule. The general design objectives of the Increased Density HighwayWest area are as follows;

To ensure integrated development of the whole Increased Density Highway WestPrecinct.

To encourage the use of contemporary architecture combined with innovative urbandesign principles.

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To ensure buildings within Precinct H6 (Increased Density Highway West) addressNepean Highway, any new network of streets established and open space areasthroughout and adjoining the precinct to provide for surveillance.

To achieve residential development within Precinct H6 (Increased Density HighwayWest) that provides a mixture of building heights sizes and formats and varying builtforms and layouts to provide visual interest.

To ensure that building heights increase to a maximum furthest from establishedresidential areas to the north to minimise visual impact from surrounding residentialareas.

To encourage a transition of building heights across Precinct H6 (Increased DensityHighway West) from 7.5 metres adjacent to established residential areas up to amaximum building height of 17 metres near the south-east corner of the precinct.

To protect historic features of Precinct H6 (Increased Density Highway West) byensuring that adequate setbacks, scale and height are provided to taller buildings toensure views are not compromised and development responds to the significance of thesite.

To create treed boulevards and high quality landscape treatment along new network orpublic streets and open spaces.

To achieve development of circulation networks that focus on providing strong linkageswithin the Increased Density Highway West precinct with the Lyle Anderson Reservewest of the Railway line, the Highett Activity Centre, the Sir William Fry Reserve southof the precinct and Southland Principal Activity Centre.

To achieve development that provides accessible, safe, attractive and functional privateand public open space opportunities, which are well connected and integrated within apermeable urban environment.

To provide solar access in mid winter to key boulevards within the precinct to contributeto a comfortable, pedestrian friendly urban environment.

To facilitate the enjoyment of public urban spaces, streetscapes, pedestrian and bicyclepaths by ensuring that these areas are not excessively overshadowed or affected by windtunnelling from new buildings and works.

To encourage consolidation of land that facilitates the creation of viable developmentsites capable of achieving the outcomes promoted by the Scheme and the HighettStructure Plan, May 2006 for land within this precinct.

To discourage the fragmentation of sites other than in association with a developmentproposal that achieves the outcomes promoted by this Scheme and the Highett StructurePlan, May 2006 for the precinct.

Buildings with unique architectural or design features that substantially contributes tothe overall building form and appearance as identified by the Highett Structure Plan,May 2006, must:

o Substantially contribute to the overall building form and appearance by formingart of a distinctive architectural design feature;

o Be based on contemporary architectural and innovative urban design elements;

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o Be located where higher built form outcomes are identified in the HighettStructure Plan, May 2006;

o Not cast additional overshadowing upon adjacent and nearby properties andpublic spaces at 12 noon on 22 June.

It is considered that the proposed development satisfies the above relevant design objectivessubject to the inclusion of appropriate Planning Permit conditions should a Planning Permitissue.

This overlay, as relevant to this site and Area No. H6 (e), nominates specific designstandards relating to height, landscape design and setbacks, as follows;

Height ControlArea as shown on

the plan to theSchedule 12

MaximumBuilding Height

Design Standard

DDO12 – H6

Former Gas andFuel land andadjoining twoindustrialproperties to itssouth.

DDO12- H6 (e)

5 storeys(17 metres)

Development must be setback to providefor a landscaped and tree-lined newnetwork of streets.

High quality architecture must respond toand addresses the new network of publicstreets, open and public spaces and SirWilliam Fry Reserve.

High quality architecture must respond toits visibility from Nepean Highway andmake a positive contribution to NepeanHighway.

New buildings to provide a transitionfrom 4th storeys to higher storey builtforms. Any 5th or higher storey must besetback from the street frontages tominimise its visual bulk.

Development must provide a transition toadjoining lower scale residentialbuildings within the precinct.

Height

Areas H5 and H6

Buildings and works should not exceed the maximum building height set out in the Table tothis Schedule for Areas H5 and H6.

A permit may be granted to exceed the height limit if the additional height is necessary toachieve the design objectives. The development must continue to comply with the designobjectives and design standards for that area.

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The development proposes a maximum of six (6) storeys (with a maximum height of 21metres and therefore does not comply with this Schedule. As stated above, the heightrequirements are not mandatory and a permit may be granted to exceed the height limit inaccordance with the design objectives.

The maximum building height specified in the Table to the Schedule is five (5) storeys or 17metres. Council Officer’s have interpreted the design objectives, and consider that theproposed building height meets these objectives subject to the inclusion of appropriatePlanning Permit conditions should a Planning Permit issue.

With regards to the objective which states ‘to encourage a transition of building heightsacross Precinct H6 (Increased Density Highway West) from 7.5 metres adjacent toestablished residential areas up to a maximum building height of 17 metres near the south-east corner of the precinct’

It is apparent that the above not only contains an objective but also something more akin to aquantitative requirement or a standard. This is apparent by the reference to the range ofheights from 7.5 metres to 17 metres. It is considered that this is intended to illustrate agradual transition in heights across the precinct from the lower heights in one part to thehigher elements in the area most further from existing residential development. Accordingly,it is considered that the broader objective is to encourage a transition of building heightsacross Precinct H6 (Increased Density Highway West). Accordingly, Council Officer’s donot regard the quantitative criteria set out in the above paragraph as limiting the ability togrant a permit to exceed the height set out in the Table to the Schedule.

It is considered that the development provides a good transition and varying heightsthroughout the development of five and six storeys across this site. In addition, the subjectsite is the furthermost away from surrounding residential areas and therefore the increasedheight will have no impact on Residential Amenity.

Having regard to the other precincts within this schedule which abut the subject site theproposed sixth level will not be an anomaly within this precinct.

Further, Council has received external design advice which has not flagged a particularconcern with the height of the development subject to the work undertaken throughout thesubmission of the application to improve its overall presentation.

For the reasons discussed above, the proposed height is considered appropriate.

Landscape Design

Landscape design must:

Provide canopy trees and native and indigenous plantings;

Provide landscape treatments to soften the urban built form environment; and

Create private and public open space areas/links to established public open spacesareas within the surrounding area that are accessible, safe, attractive and functional forall users

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As previously stated within this report, Council’s Vegetation Officer offered no objection tothe proposed development, subject to the inclusion of suitable conditions to address theabove, namely in relation to the species selection. In addition as identified above given thereduced opportunities for landscaping on the subject land it is appropriate that the applicantprovide plans and support the introduction of additional landscaping which links theproposed development to the surrounding public realm. Importantly, Planning Permitconditions are recommended to ensure that this is achieved.

Setbacks

Buildings and works must be constructed in accordance with the setback requirements in theTable to this Schedule.

A permit cannot be granted to vary any of the setback requirements in the Table to thisSchedule unless otherwise specifically stated in the Table to this Schedule.

In relation to Area H6 (e), any new ‘development must be setback to provide for alandscaped and tree-lined new network of streets.

It is considered that the proposal meets the setback requirements and provides a suitable areawithin the common terrace for landscaping.

Overall, and subject to the inclusion of conditions, it is considered that the proposeddevelopment is consistent with the requirements of this overlay.

Permit Requirements

A permit for buildings, works and subdivision must not be granted prior to approval (by theresponsible authority) of an outline development plan for the whole Increased DensityHighway West Precinct which shows:

The proposed use of each part of the land.

A loop road connecting the Nepean Highway south of the Moorabbin Courthouse withthe Nepean Highway north of the Courthouse.

Open space.

Stormwater drainage infrastructure,

unless the responsible authority is satisfied that the application is in accordance with thedesign objectives of this Clause and the Highett Structure Plan, May 2006.

Any application to develop land must be accompanied by a drainage strategy showingexisting and proposed stormwater drainage scheme and a drainage report that shows how:

Stormwater from a 1:100 year event will be retarded and the rate of discharge from thedevelopment site into the existing drainage scheme underneath the railway line determined by theresponsible drainage authorities;

Road layout and other site design will accommodate overland flows;

The approved drainage strategy and overland flows from the Moorabbin Courthousedevelopment have been considered;

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The natural contours of the land have been considered and the likely impact that theywill have to any drainage strategy developed;

It is proposed to detain stormwater pending release;

Stormwater re-use.

The drainage report and strategy must be developed in accordance with all landownerswithin the Increased Density Highway West Precinct, the City of Kingston, Bayside City Counciland Melbourne Water.

An ‘outline development plan’ was not submitted by the applicant in accordance with thisschedule. Therefore, Council can exercise discretionary power to grant a permit underClause 2.0 of the DDO12, if Council is satisfied that the permit application is in accordancewith;

the design objectives listed in Clause 1.0 of the DD012 (as stated above); and

the Highett Structure Plan.

Council Officers have reviewed a series of documentation provided by the permit applicantand also met consistently with the Permit Applicant and associated consultants on numerousoccasions to establish a drainage strategy and loop road for the subject site. The above will be discussed in two separate sections below, ‘Loop Road / Link Road’ and‘Drainage Strategy’;

13.17.1 Link Road / Loop Road

Council Officer’s consider that the link road is a crucial part of the development of theprecinct as stipulated within the S173 Agreement and within the Design DevelopmentOverlay Schedule 12. Importantly the S173 Agreement was negotiated with the formerowner of the subject land who at the time had not presented Council with anyredevelopment proposal to provide for the outcomes envisaged in the Highett Structure Plan.

The Link Road is intended to enter the precinct at the southern end from the NepeanHighway Service Road and exit at the northern end from the Nepean Highway ServiceRoad. The applicant has shown a 16 metre road consistent with what is set out in a Section173 agreement entered into with the applicant. The applicant who also owns the adjacentland has indicated that future stages of development within No. 1144 Nepean Hwy will givefurther consideration to the objective of linking its land with the adjacent land previouslyoccupied by the Gas and Fuel Corporation. Based on understanding the extent ofdevelopment intended on the subject land, Council’s Traffic Department and EngineeringDepartment consider that the opportunity to widen the road reservation beyond 16 metresshould be provided for based on future demand on what will become a public road. .TheSection 173 agreement requires the road to be 16 metres wide, however this does not meanthat the road reservation should not be wider.

Council’s Traffic Department and Engineering Department consider the 9.5 metresaccessway is too narrow to accommodate the proposed parallel parking and sufficientthrough lanes in each direction.

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Also, the verges would only be approximately 3.1 m wide (including the footpath). Theplans show a 1.0 m wide footpath on the southern side. The footpath should have aminimum width of 1.5 m which means the width available for planting (including watersensitive urban design treatments) is only about 1.6 m

Traffic Engineering considers that the principals of the maximum width of Link road needsto be co-ordinated over its ultimate length and consideration should not be restricted toaccess for the subject site. Therefore careful thought is required as to the volume of trafficthat the road would ultimately carry, the desired level of on-street parking (including anyvisitor parking) and access for emergency and service vehicles.

Traffic Engineering recommends a 3 m through lane and 1.5 m bicycle lane in eachdirection with 2.5 m indented parking lanes both sides with street trees at intervals in theparking lane i.e. a total carriageway width of 14 m with 4 m verges both sides (including a1.5 m footpath) - a total road reserve width of 23.5m, see Appendix A for a typical crosssection of this arrangement. Officers wish to stress that the basis for requiring thesespecifications on a road the applicant expects to transfer to Council as are public road are:

17.0 to provide for sufficient room for vehicles utilising the road to move through the precinctrecognising the strategic intention to redevelopment the subject land and its surrounds formedium to higher density development;

18.0 to provide adequate road width to accommodate visitor and where necessary temporaryresident car parking on both sides of the road in its final form to compensate for the lack ofvisitor car parking provided as part of the subject development;

19.0 to provide sufficient pedestrian and cyclist amenity based on the intensity of futureresidential development to be located immediately adjacent to the proposed road; and

20.0 to provide sufficient room to provide for water sensitive urban design treatments in the roadsnature strip to address State and Local Planning Policy objectives in relation addressing themanagement of stormwater from the road environs.

Officers recognise that without a substantive redesign of the proposal this would result inpart of the optimal required road reservation being partly constructed outside the subjectsites title boundaries on the existing title to the immediate west. In order to assist thedevelopment to progress, Officers consider it appropriate to allow for the possible staging ofthe construction of the ultimate road reserve (and associated development) as explainedthrough Appendix A, whereby a wider road reserve and trafficable footpath would beconstructed utilising some of the land to the immediate north. The basis for providing for astaged approach is that Council understand that the subject land to the immediate north isalso owned by the party who own the subject land and a suitable permit condition andagreement could be developed to provide a mechanism for this to occur should it be deemednecessary.

Officers believe that the above forward planning in relation to ensuring the public roadreservation is able to be widened to accommodate the intensity of development in relation tokerb side visitor parking, pedestrian/cyclist amenity, landscape appearance and stormwatertreatment objectives is most warranted and is entirely consistent with the basis for why an‘Outline Development Plan’ was identified for this precinct. Without the suggested stagedapproach being accommodated, Council Officers believe it would be inappropriate to grant aplanning permit or for Council to seek to maintain the future road.

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ii) Drainage Strategy

It is apparent based on the requirements mentioned earlier from the schedule to the Designand Development Overlay a drainage strategy is required to be developed for the subjectland as part of the application for planning permit process. In addition the drainage strategyneeds to clearly illustrate how overland flows will be managed and stormwater can beproductively used.

Council’s Engineering Department, Parks Officer and Development Engineers have workedclosely with the applicant to develop a drainage strategy for the subject land that responds tothe elements contained within the schedule to the Design and Development Overlay. Theapplicant has submitted a drainage plan & associated written documentation (plan receivedby Council on the 12th October, 2010 (Plan Ref. 168841 – D1)). Council Officer’s inprincipal support this strategy, subject to the inclusion of suitable conditions being includedon any permit issued to finalise this drainage strategy and request a rain water harvestingreport.

The drainage strategy for the site also includes method of collecting, retaining anddistributing stormwater from the subject site to the existing Sir William Fry Reserve Lakewhich will need to be formally reflected in appropriate planning permit conditions shouldCouncil resolve to issue a Planning Permit.

A rainwater harvest strategy will be requested as a condition of any permit issued toaccompany the drainage strategy to describe how the rainwater will be captured and re-usedbased on expected volumes of rainfall for this area and taking into account both on site andoff site opportunities to reuse the stormwater as identified in this report.

Importantly, to further meet the Overlay requirements, the application was referred as partof Council’s advertising process to adjoining property owners within this precinct and byway of informal referrals to Bayside City Council and Melbourne Water who advised of noobjection to the proposed application.

13.18 Clause 45.03 Environmental Audit Overlay

The purpose of this overlay is to ensure that potentially contaminated land is suitable for ause which could be significantly adversely affected by any contamination.

Before a sensitive use (including residential) commences or before the construction orcarrying out of buildings and works in associated with a sensitive use commences either;

A certificate of environmental audit must be issued for the land in accordance with PartIXD of the Environment Protection Act 1970, or

An environmental auditor appointed under the Environment Protection Act 1970 mustmake a statement in accordance with Part IXD of that Act that the environmentalconditions of the land are suitable for the sensitive use.

It is considered that the proposed development can satisfy the above requirements viasuitable condition.

13.19 PARTICULAR PROVISIONS

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13.20 Clause 52.06: Car Parking

The purpose of the car parking provisions as relevant to this application is to:

To ensure that car parking facilities are provided in accordance with the StatePlanning Policy Framework and the Local Planning Policy Framework including theMunicipal Strategic Statement and local planning policies;

To ensure the provision of an appropriate number of car spaces having regard tothe activities on the land and the nature of the locality; and

To ensure that the design and location of car parking areas:

o Does not adversely affect the amenity of the locality, in particular the amenity ofpedestrians and other road users;

o Achieves a high standard of urban design;

o Creates a safe environment for users, particularly at night;

o Enables easy and efficient use;

o Protects the role and function of nearby roads; and

o Facilitates the use of public transport and the movement and delivery of goods.

Clause 52.06 of the Kingston Planning Scheme sets out the number of car parking spacesrequired for various uses. A permit may be granted to reduce or waive the number of carparking spaces required under Clause 52.06 of the Kingston Planning Scheme. Where a useis not specified, an adequate number of car spaces must be provided to the satisfaction of theResponsible Authority.

The decision guidelines of Clause 52.06 of the Kingston Planning Scheme state that before arequirement for car spaces is reduced or waived, the applicant must satisfy the ResponsibleAuthority that the reduced provision is justified due to:

Any relevant parking precinct plan;

The availability of car parking in the locality;

The availability of public transport in the locality;

Any reduction in car parking demand due to the sharing of car spaces by multiple uses,either because of variation of car parking demand over time or because of efficiencies gained fromthe consolidation of shared car parking spaces;

Any car parking deficiency or surplus associated with the existing use of the land;

Any credit which should be allowed for a car parking demand deemed to have beenprovided in association with a use which existed before the change of parking requirement;

Local traffic management;

Local amenity including pedestrian amenity;

An empirical assessment of car parking demand; and

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Any other relevant consideration.

The proposed development was referred internally to Council’s Traffic Engineer forcomment. Clause 52.06 requires parking to be provided at a rate of two (2) car spaces perdwelling (regardless of the number of bedrooms per dwelling) which equates to a total of268 car spaces (134 x 2) to be provided on site.

However, it is considered that Clause 55 (ResCode) provides a better representation of thelikely car parking demand for the development and should be considered when assessingthis development (as recommended by Council’s Traffic Department). Clause 55 requiresresidential parking to be provided at the following rates:

1 car space per 1 or 2 bedroom dwelling;

2 car spaces per 3 or more bedroom dwelling; and

1 visitor car space per 5 dwellings.

Clause 55 also stipulates that rooms designated as “studies” should be counted as bedrooms.However, given the small size and open layout of the study areas provided within thedevelopment, these are considered unlikely to be utilised as a bedroom and are therefore notcounted as bedrooms in this instance.

Therefore, applying the Clause 55 rates equates to a requirement of 134 resident car spacesand 26 visitor car spaces i.e. a total of 160 on-site car spaces.

The table below summarises the above;

It is considered that the provision of carparking to the proposed dwellings is sufficient andshould accommodate the needs of future residents.

The applicant has requested a reduction in the requirements for visitor car parking spaces.

A total of eleven (11) visitor spaces are nominated within the link road within the site. Novisitor car parking spaces are allocated within the basement; however, an additional six (6)spaces are provided for residents within the basement. In relation to the visitor’s car parking

Car Parking Requiredbased onClause 55

Proposed

Residential Car parking 134 140Visitor parking 26 11Total 160 151

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waiver, Council Officers consider it reasonable to allow for visitors to park on-street and / orwithin the proposed link road on the basis that the suggested permit conditions as identifiedpreviously in this report for a road reservation which is able to accommodate visitor parkingon both its sides is optimally provided.

In assessing this part of the application, Council Officers have had regard to the recentdecision (P3312/2009) of the Victorian Civil and Administrative Tribunal for thedevelopment of seventy-eight (78) dwellings at No. 1142 Nepean Hwy, Highett, where theApplicant’s appeal to the Victorian Civil and Administrative Tribunal included therequirement for visitor car parking to be provided on site. The relevant excerpts from thisorder are noted below;

Why have I found off-site visitor car parking to be acceptable?

9. Ms Johnson (a Council Planning Officer) set out that the Council was

apprehensive of allowing all visitor car parking to be off-site because of potential conflicts with

other existing and future land uses, possible congestion and setting a precedent for future

residential development. Council proposed condition 1(e) to require the provision of fifteen

visitor spaces on the site.

10. Concern over visitor parking is often ventilated in the Tribunal. However, the

condition sought to be imposed by the Council as a response to this apprehension would have

consequences on the development that were not addressed elsewhere within the permit

conditions. Ultimately, the allocation of car spaces to visitor parking would have resulted in a

reduction of fifteen dwellings on the site.

11. This is not to say that a consideration of the impacts of car parking is not to be

made and appropriate steps taken to ensure acceptable outcomes for residents, visitors,

existing and future land users. They are, and the requirements to be met and the discretion to

be exercised are set out under Clause 52.06 of the Planning Scheme.

12. I had regard to these requirements and associated decision guidelines along

with the evidence of Ms Dunstan (on behalf of the applicant). This evidence set out an

assessment of the availability of on-street car parking in the area and the likely parking demand

arising from the development as well as the future developments of land around the site. This

includes the substantive area of what was termed the Vic Urban land (Highett Gasworks site) tothe north and west of the site, where a large medium density development is proposed. In her

assessment Ms Dunstan applied a reduced rate of parking demand that was based on empirical

surveys of similar apartment style residential developments in Melbourne. On this basis she

concluded that sufficient off-site parking was available to meet visitor parking demands.

13. The Council submitted that they did not necessarily accept the 0.12 ratio that

should be adopted from empirical studies cited by Ms Dunstan but nothing of substance was

brought to this hearing to challenge this ratio or the underlying studies which supported its

application.

14. I considered not only the empirical data presented by Ms Dunstan as to the rate

for peak visitor parking demand, but also the timing of this demand and the availability of a

spaces within the Nepean Highway service road and adjoining publicly available car parking to

the north and south of the site. From such material I concluded that sufficient spaces would be

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available for visitor use without having an unacceptable impact on the area’s amenity or ability to

provide sufficient parking for other users. Indeed the timing of uses between surrounding

commercial/public uses and that for residential visitors would not be coincident but rather would

be complementary. I also took into account the availability of public transport in the area when

having regard to Ms Dunstan’s assessment of car use and visitor parking demand.

15. Finding that visitor car parking can be accommodated in this fashion, I

concluded that the provision of on-site visitor car parking can be waived and the integrity of the

proposed design maintained.

The proposed development provides for eleven (11) visitor car parking spaces within thelink road and an additional six (6) car parking spaces within the basement. It is consideredthat there is sufficient on-street car parking available to cater for any overflow visitorparking and also car parking available within the adjoining public car park at Sir WilliamFry Reserve (this has a 2 hour restriction). Council Officers are also mindful of futuredevelopment to occur within this precinct and a more coordinated approach to car parkingwithin this precinct (H6(e)).

To partially address any perceived concerns regarding the lack of visitor car parking in thebasement Council Officers believe it appropriate to include a Planning Permit conditionwhich required the provision of five (5) spaces to be allocated to visitors in the basement.

It should also be noted that the site has excellent proximity to public transport, including thebus terminal at Southland and the Highett Railway Station. It should also be noted that buses708 (Carrum to Hampton), 822 (Chadstone to Sandringham, via Murrumbeena andSouthland) and 823 (North Brighton to Southland, via Moorabbin) have stops on the NepeanHwy, within approximately 50 metres walking distance.

Council Officers have identified that opportunities may exist to increase the number ofvisitor car spaces proximate to the land by providing for angled car parking in the serviceroad. Further design work is required to determine whether additional spaces could becreated but Officers believe this warrants further analysis based on the developmentpotential of the broader precinct. This matter has been discussed throughout the permitapplication process; the applicant has stated in writing that they would be willing tocontribute to such a scheme. Accordingly, a suitable condition can be placed on any permitissued stating that prior to the commencement of the development the developer will, inconsultation with the responsible authority, investigate a concept plan that proposes therealignment of the on street car parking and associated urban design works (in the vicinity ofthe development site) for the further consideration and action by the responsible authorityand the local community.

13.21 Clause 52.29: Land Adjacent To A Road Zone, Category 1 Or A Public Acquisition Overlay For A Category 1 Road

A permit is required to:Create or alter access to a road in a Road Zone, Category 1.

The existing crossovers would be removed and reinstated, suitable conditions can be placedon any permit issued to address these concerns.

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As discussed previously in this report, the application was referred to Vic Roads forcomment, who advised of no objection to the proposal.

13.22 Clause 52.34: Bicycle Facilities

The statutory requirements for bicycle parking for the proposed development pursuant toClause 52.34 of the Planning Scheme is as follows:-

Proposed Use RequirementDwellings: 1 resident space to each 5 dwellings and 1 visitor space to

each 10 dwellings

A total of forty (40) bicycle spaces are required for the development (27 dwelling bicycleparking spaces and 13 visitor bicycle spaces). The development is provided with sixty-two(52) bicycle parking spaces within the basement car park level as well as eight (8) bicycleparking spaces on the ground floor level. The proposal is provided with a total of sixty-two(62) bicycle spaces and therefore complies with this clause.

13.23 Clause 52.35: Urban Design Context Report and Design Response For ResidentialDevelopment Of Four Or More Storeys

As the development proposed a storey height greater than four storeys, the applicant wasrequired to provide an Urban Design Context Report against the “Guidelines for HigherDensity Residential Development” and a Design Response.

13.24 Council Officers, including Council’s Urban Designer have reviewed the Urban DesignContext Report and Design Response, and consider the submitted information satisfactory

13.25 Clause 52.36: Integrated Public Transport PlanningRelevant to this application, the intention of this Clause, amongst other things, is to ensuredevelopment supports public transport usage and to ensure that development incorporatessafe, attractive and convenient pedestrian access to public transport stops.

Pursuant to this Clause, an application of 60 or more dwellings must be referred to theDirector of Public Transport. No response was received from the Director of PublicTransport in relation to this proposal.

14.0 Other – Sir William Fry Reserve

Ornamental Lake – Sir William Fry Reserve; In accordance with the proposed drainagestrategy for the site, the applicant and Council have agreed to allow stormwater runoff todrain to the neighbouring lake at Sir William Fry Reserve. Associated costs are to be borneby the applicant in consultation with the Responsible Authority.

Interface with Sir William Fry Reserve – As identified it is appropriate that the areaproximate to the subject land in the Sir William Fry Reserve be improved directly adjacentto the subject land to enhance the relationship between the reserve and the development site.

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The applicant has agreed with this premise and is aware of associated costs for planting andurban design.

Suitable conditions placed on any permit issued can address the above matters.

15.0 CONCLUSION:

It is submitted that the proposal be supported subject to the adoption of the recommendedconditions. Officers wish to stress in this instance that its recommendation to support theproposal is predicated on the inclusion of key conditions outlined in its recommendation forinclusion on the Planning Permit that deal specifically with elements including:

The staging of the ultimate public road reservation to accommodate the needs ofpedestrians, cyclists, vehicles (including emergency vehicles)

The commitments made by the permit applicant to provide for landscaping and urbandesign improvements both within the development and on in its immediate area.

Infrastructure elements including exploring the reconfiguration of parking on the NepeanHighway Service Road as well as the costs and viability of under grounding thepowerlines which front the subject land.

The implementation of the principles discussed that form part of an integrated drainageand water reuse strategy for the subject land and the surrounding Sir William FryReserve.

The proposed development is considered appropriate for the site as evidenced by:

The site is located in a strategically appropriate location for this type of development,the State and Local planning policies discussed in this report identify the subject site asone whereby substantial change is justified.

The development has been assessed by various Council departments all of which haveadvised that the proposal adequately satisfies the provisions of the Kingston PlanningScheme and subject to the inclusion of suitable conditions.

The proposed development generally satisfies the requirements, objectives and policydirections of the State Planning Policy Framework, the Local Planning PolicyFramework, the Zoning and Overlay provisions and the Particular Provisions of theKingston Planning Scheme as discussed previously in this report.

Importantly, it is considered that the design and siting of the proposed development iscompatible with Clause 22.17 Highett Activity Centre Policy, Design DevelopmentOverlay Schedule 12 and Highett Structure Plan.

On balance and subject to the inclusion of suitable conditions, the proposal is consideredreasonable and warrants support.


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That Council resolve to support the development of this site for one hundred and thirty four(134) dwellings, to alter access to a Road Zone Category 1 (Nepean Hwy), a reduction in carparking requirements Pursuant to Clause 52.06 of the Kingston Planning Scheme and toexceed the height limit of Design Development Overlay (Clause 43.02) Schedule 12‘Highett Activity Centre’ of the Kingston Planning Scheme.

1. Before the development starts amended plans to the satisfaction of the ResponsibleAuthority must be submitted to and approved by the Responsible Authority. Whenapproved, the plans will be endorsed and will then form part of the Permit. The plans mustbe drawn to scale with dimensions and three copies must be provided. The plans must besubstantially in accordance with the plans submitted to Council on the 5th November, 2010,but modified to show:

a. the provision of a landscape plan in accordance with the submitted development planand the City of Kingston Landscape Plan Checklist, with such plans to be prepared by asuitably qualified landscape professional and prepared in consultation with CouncilOfficers which shows and incorporates:

xi. improvements to the Nepean Highway Service Road landscaping strip at the frontof the site by providing for street trees, replacement paving and any required streetplanting deemed appropriate;

xii. details in relation to any proposed fencing / gate treatments between the SirWilliam Fry Reserve and the subject land;

xiii. the provision of details showing the location of paving materials or similar toillustrate how linkages from the subject development into the Sir William FryReserve are to be established;

xiv. the provision of proposed planting in the Sir William Fry reserve used toassist and establish links between the development and key features within the SirWilliam Fry reserve;

xv. the provision made for landscape elements to complement the management ofstormwater from the subject land within the Sir William Fry reserve;

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

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

xviii. all existing trees on the site and within three (3) metres to the boundary of thesite on adjoining properties, accurately illustrated to represent actual canopy widthand labelled with botanical name, height and whether the tree is proposed to beretained or removed;

xix. a range of plant types from ground covers to large shrubs and trees;

xx. adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at1 metre intervals);

xxi. retention of the existing trees in the south east corner of the site withadequate tree protection measures to the satisfaction of the Responsible Authority;

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xxii. the provision of advanced canopy trees the front setback of the site withspecies chosen to be approved by the Responsible Authority;

xxiii. sustainable lawn areas and plant species taking current water restrictions intoconsideration;

xxiv. all trees provided at a minimum of two (2) metres in height at time ofplanting;

xxv. medium to large shrubs to be provided at a minimum pot size of 200mm;

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

xxvii. the provision of native and indigenous plantings in accordance with therequirements of the Design Development Overlay Schedule 12;

xxviii. the deletion of the additional ground floor staircase as shown on thepreviously submitted landscaping plan (ref the plan - date);

xxix. the type of species nominated to take into consideration its positioning on thesite, particularly with regards to access to sunlight and the levels of shadingpresent;

xxx. a reduction in the amount of artificial grass proposed at ground floor and itsreplacement, where appropriate, with garden beds or similar to the satisfaction ofthe Responsible Authority;

xxxi. the retention of the existing tree protection condition; retention of CoastBanksia (Banksia integrifolia) located in the front setback of the property (south-east corner of the property) and tree protection measures noted on the plan inaccordance with Condition 3 and Condition 4 of this Permit.

b. the provision of a full colour, finishes and building materials schedule, includingsamples (illustrated on an A4 or A3 sheet), for all external surfaces / elevations anddriveway of the development;

c. the provision of six (6) visitor car parking spaces within the basement, clearly delineatedand marked accordingly, these spaces must be located closest to the entrance, inaccordance with Condition 27 and Condition 28of this Permit. This may requirerelocating the storage spaces etc;

d. a notation on the floor / site plan(s) stating: “The redundant vehicle crossing(s) must beremoved, kerb & channel must be reinstated and the extension to the existing footpathup to the wing of the vehicle crossing must be constructed to the satisfaction of theResponsible Authority”;

e. a notation on the floor / site plan(s) stating: “The existing level along the front boundary(footpath level) should not be altered”;

f. the provision of a splitter island at the top of the car park access ramp to provideseparation between the entry and exit vehicle manoeuvres, to the satisfaction of theResponsible Authority;

g. the lifts labelled accordingly within the basement;

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h. a notation on the plans stating: “The height clearance to the entrance of the basementand within the basement be in accordance with the requirements of AS2890.1:2004” andshown on the relevant plan(s);

i. a coloured streetscape perspective drawing / 3D image showing the proposeddevelopment when viewed from the site’s Nepean Hwy frontage and from the adjacentSir William Fry Reserve;

j. the details (type and dimensions) of the bicycle parking spaces provided within thebasement car park level and ground floor level;

k. the provision of suitable line markings and signage for pedestrian crossings within thebasement car park to improve pedestrian safety;

l. the provision of bollards and suitable line marking / alternative material selectionbetween car space 90 and car space 91 within the basement to ensure that vehicles do notuse this area as a car parking space, rather is used by pedestrians only;

m. the details of the basement door and security access noted on the plans for residents andvisitors;

n. the location of external fans, air-conditioning apparatus and the like shown on the plans.

o. the provision of rain water harvesting to be used to irrigate the landscaped areas;

p. rain water tanks connected to all dwellings on the ground floor level (at minimum) and,where possible, on the upper levels, for toilet flushing purposes;

q. the capacity of the rain water tanks clearly denoted on the plans;

r. all columns within the basement to be located at least 0.4m and not more than 1.4m fromthe entry end of the respective space;

s. the width of the wall hung bicycle racks in the basement shown and dimensioned on theplans;

t. the location of the roller door and grades appropriate for queuing provided as per therequirements of Clause 3.4 of AS2890.1;

u. the allocation of one (1) resident space per dwelling clearly nominated on the respectivesite plans;

v. details of the treatment of the perimeter of the site abutting the Sir William Fry Reservei.e. fencing / landscaping treatments and appropriate site plan(s) and elevation plan(s) todemonstrate this treatment;

w. the provision of a public road which is provided either in a staged or completedconfiguration adjacent to the subject development providing for a shared footpath oneither side of a minimum 2 metres in width, a nature strip of a minimum 3 metres inwidth on each side, parallel parking of a minimum of 2.5 metres in width on each sideand a trafficable area of no less than 7.5 metres;

x. the provision of corner splays at 3 metres by 3 metres at the intersection of the LinkRoad and the Nepean Highway Service Road;

y. deletion of the notation on the ground floor plan stating “Visitor parking to be designedby others” along the service road; and “Visitor car parking” in Link Road;

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z. the access between the Link Road and the ramp to the basement car park to beconfigured as a conventional crossover so as to make it clear to pedestrians along LinkRoad that they have right of way;

aa. a pedestrian sight triangle provided on the western side of the egress from the basementto the street as per the requirements of AS2890.1;

bb. the provision of a hard surface material i.e. paving or similar to the bicycle area andsurrounds to prevent the bicycle rails being pulled out of the ground and to stop the areabecoming unsightly;

cc. the provision of a suitable intercom facility nominated at the entrance to the basementcar park;

dd. the use of a palisade-style fencing or a seamless boundary between Sir William FryReserve and the new development, with an elevation plan of this fence including theheight, material and colours, to be provided;

ee. the provision of a roof plan which shows how this space is to be used;

ff. the provision of an openable highlight window with a minimum sill height of 1.7 metresabove the finished floor level below to all bathrooms / ensuites on an external wall toreduce the need for artificial lighting;

gg. the provision of skylights and / or clerestory windows on the top floor of all lobby areas;

hh. the provision of highlight windows / cut outs to the south-west facing study areas ofBuilding 2, Apartments 0.02, 1.02, 2.02, 3.02, 4.02 and 5.02 to obtain borrowed light;

ii. the provision of highlight windows / cut outs to the study areas of Building 3,Apartments 0.07, 1.07, 2.07, 3.07, 4.07, 5.07 and 4.02 to obtain borrowed light;

jj. all top floor apartments provided with increased access to natural light by having energyefficient openable skylights (facing south) or clerestory windows (facing north) to allbathrooms, study areas and kitchens that are located far from windows;

kk. the installation of an air lock to the ground floor main entrances of all three (3) buildingsi.e. there should be two (2) sets of doors at the entry to minimise hot air entering insummer and cold air in winter, and the installation of a suitable intercom facility withineach airlock for security purposes;

ll. the ground floor balconies of Apartments 0.03 and 0.04 of Building 3 increased to aminimum of 8 square metres;

mm. the ground floor balconies of Apartments 0.06 and 0.07 of Building 2 increased to aminimum of 8 square metres;

nn. the ground floor balconies of Apartments 0.06 and 0.07 of Building 1 increased to aminimum of 8 square metres;

oo. the balcony of Apartments 0.1, 1.01, 2.01, 3.01, 4.01 and 5.01 of Building 2 increased toextend to the south-western wall of the living room with doors provided to access thisarea from the living room;

pp. the provision of street lighting nominated on the plans, including details of height, style,globe strength, and the like, and designed in accordance with Council’s standards;

qq. a notation on the plans stating that “Prior to the commencement of the development thedeveloper will, in consultation with the Responsible Authority, investigate and prepare a

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functional concept plan that proposes alternate on-street car parking alignment andassociated urban design works in the Nepean Highway Service Road (in the vicinity ofthe development site) for the further consideration and action by the ResponsibleAuthority;

rr. notation on the plans stating that “Prior to the commencement of the development thedeveloper will, in consultation with the Responsible Authority, investigate and prepare afunctional concept plan that proposes underground the powerlines at the front of thesubject land along its Nepean Highway Service Road for the further consideration andaction by the adjoining property owners, the Responsible Authority;

ss. the surface material of the driveway / accessway leading to the basement car parknominated in all-weather coloured concrete sealcoat, or similar to the satisfaction of theResponsible Authority in accordance with Condition 26 of this Permit;

tt. a notation on the plans stating that all mailbox facilities are to be provided to thesatisfaction of Australia Post;

uu. a detailed design of the basement ramp, including a longitudinal section to thesatisfaction of the Responsible Authority;

vv. the provision of a comprehensive drainage strategy in accordance with Conditions 19, 20and 21 of this Permit.

ww. the car spaces at the end of the blind aisles widened to 3.4 metres; and

xx. the relocation of the existing hydrant located within the footpath of the Nepean HwyService Road within proximity of the site, to the satisfaction of the relevant authority.


3. A Tree Protection Zone (TPZ) must be installed at a distance of 2.5 metres from the CoastBanksia (Banksia integrifolia) located within the front setback of the property. A qualifiedarborist is to be employed to oversee any works (excavation and or construction) outside ofthis zone. The following must be observed within 2.5m of the tree:

a) the existing soil level must not be altered either by fill excavation;

b) the soil must not be compacted or the soil’s drainage changed;

c) no fuels, oils, chemicals, poisons, rubbish and other materials harmful to treesare to be stored or dispersed;

d) no storage of equipment, machinery or material is to occur;

e) open trenching to lay underground services e.g.: drainage, water, gas, etc. mustnot be used;

f) tree roots must not be severed or injured; and

g) machinery must not be used to remove any existing concrete, bricks or othermaterials.

4. Prior to the commencement of the development herby Permitted a Tree Protection Fencedefined by a 1.2 metre high temporary fence constructed using steel or timber posts fixed inthe ground or to a concrete pad, with the fence’s side panels to be constructed of cyclonemesh wire or similar strong metal mesh or netting, must be erected 2.5m in a radius from the

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Banksia integrifolia (Coast Banksia). The above requirements in Condition 3 of this Permitmust be observed within this area.

5. All tree pruning work must be in accordance with the Australian Standards AS4373 (2007)“Pruning of Amenity Trees” and be undertaken by a qualified and experienced Arborist.

6. Prior to the commencement of the development hereby Permitted, the Owner of the Landmust enter into an executive agreement with the Responsible Authority pursuant to Section173 of the Planning and Environment Act 1987 to the satisfaction of the ResponsibleAuthority in which it shall be covenanted as follows:

a) Pursuant to the provisions of Section 181 of the Planning and Environment Act1987 this agreement shall be registered with the Registrar of Titles and shallrun with the land;

b) That the requirements contained in the agreement shall form part of any leaseof the premises which the owner of the land under this Permit may enter intowith another party; and

c) The owner of the land under the Permit shall pay the legal costs and beresponsible for the preparation and registration of the said agreement.

The Section 173 agreement must specifically provide for the following:

a) An agreement between the parties to prepare a landscape plan for worksexternal to the site which provide for:

i. The creation of a path network from the subject land to the existingpath network in the Sir William Fry Reserve;

ii. Details of additional planting to be provided in the Sir William FryReserve to link the land subject to this Permit with the vegetation themesestablished in the reserve;

iii. Details of additional furniture elements including seating / landscapefeatures / public lighting utilised to enhance the relationship between theland subject to this Permit and the reserve;

iv. Details of any landscaping works required to implement the watersensitive urban design objectives associated with utilising the rain watercollected from the development site to be reused in the reserve;

v. Details of proposed footpath treatments, proposed nature stripplanting and potential kerb realignments along the site’s NepeanHighway Service Road frontage;

vi. Public lighting details; and

vii. Consideration should be given to improving existing facilities such asthe playground and the provision of additional park amenities such as abarbeque or park shelter/rotunda.

b) An agreement between the parties to provide for agreed specifications andhandover for the implementation of a public road to service the development inaccordance with the requirements of Condition 1w) of this Permit;

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c) An agreement from the land owner to fund the landscaping and drainage worksrequired as part of this Permit beyond the boundaries of the subject land;

d) The completion of works to underground the powerlines at the front of thesubject land along its Nepean Highway frontage pending the outcome of theinvestigation provided for as part of Condition 1rr) of the Permit;

e) A condition requiring that this Section 173 Agreement will lapse uponsatisfactory completion of the works required.

7. Before the commencement of any buildings and works on the Land, a ConstructionManagement Plan (CMP), to the satisfaction of the Responsible Authority, must besubmitted to and approved by the Responsible Authority. When approved, the plan will beendorsed as evidence of its approval and will then form part of the Permit and shallthereafter be complied with. The CMP must specify and deal with, but not limited to, thefollowing:

a) a detailed schedule of works which includes full project timing;b) traffic management details including when or whether any access points would be

required to be blocked;c) the location for the parking of all construction vehicles and construction worker

vehicles during construction;d) delivery of materials including details of where materials will be stored and how

concrete pours would be managede) proposed traffic management signage for Nepean Highway (if required) indicating

any inconvenience generated by construction;f) fully detailed plan indicating where construction hoardings would be located and as

relevant the associated approvals required;g) times for loading/unloading of materials;h) containment of waste on site;i) suppression of dust management;j) business operations on the site during construction; k) site security; l) public safety measures; andm) construction times, noise and vibration controls.

8. Prior to the endorsement of the Plans required pursuant to Condition 1 of this Permit, theprovision of an ESD report to be prepared by a suitably qualified professional must besubmitted to and approved by the Responsible Authority. When approved, the plan will beendorsed as evidence of its approval and will then form part of the Permit and shallthereafter be complied with. The ESD report must include, but is not limited to, detailinginitiatives for stormwater harvesting, insulation, day lighting, collective rainwater tanks asopposed to individual rainwater tanks, public and private landscape irrigation and carwashing, energy efficient concepts, glazing and internal ventilation.

9. Prior to the occupation of development hereby Permitted, the landscaping works as shownon the endorsed plans must be completed to the satisfaction of the Responsible Authority.The landscaping must then be maintained to the satisfaction of the Responsible Authority.

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10. The garden areas shown on the endorsed plan and schedule shall only be used as gardensand shall be maintained in a proper, tidy and healthy condition to the satisfaction of theResponsible Authority.

11. Prior to the occupation of development hereby Permitted, all buildings and works and theconditions of this Permit must be complied with, unless with the further prior writtenconsent of the Responsible Authority.

12. Prior to the commencement of this development and before the construction or carrying outof buildings or works in association with development the applicant/owner must provide forthe approval and to the satisfaction of the Responsible Authority one of the following:

a) A certificate of environmental audit issued for the subject land in accordance withSection 57AA of the Environmental Protection Act 1970; or

b) The applicant/owner must appoint an environmental auditor as required under theEnvironment Protection Act 1970 (at their own cost) and provide to Council as theResponsible Authority a statement made in accordance with Section 57AA(5)(b) ofthat Act that the environmental conditions of the land are suitable for this use herebyapproved.

13. Four (4) copies of the certificate of environmental audit and/or statement, complete auditreport and audit area plan must be submitted to the Responsible Authority.

14. The development, buildings and works allowed by this Permit must strictly comply with thedirections and conditions of the certificate or statement of environmental audit issued for theland. A section 173 Agreement, under the Planning and Environment Act may need to beentered into with the Responsible Authority depending on the conditions of the Statement ofEnvironmental Audit. Any amendments must be approved by the Responsible Authorityprior to the commencement of any works and development and may require furtherenvironmental assessment of the land.

15. Prior to the occupation of the dwellings Permitted by this Permit and prior to the issue of astatement of compliance under Section 21 of the Subdivision Act 1988 a letter must besubmitted to Council prepared by the EPA appointed Environmental Auditor to verify thatthe conditions of the certificate or statement of environmental audit issued for the land havebeen satisfied.

16. Prior to the commencement of the development the developer will, in consultation with theResponsible Authority, investigate a concept plan that proposes the realignment of the onstreet car parking and associated urban design works (in the vicinity of the development site)for the further consideration and action by the Responsible Authority and the localcommunity.

17. Before the commencement of any buildings and works on the Land, a Waste ManagementPlan (WMP) to the satisfaction of the Responsible Authority must be submitted to andapproved by the Responsible Authority. When approved, the plan will be endorsed and willthen form part of the Permit. Three copies of the plan must be submitted. The plan mustinclude but is not limited to:

a. The manner in which waste will be stored and collected including: type, sizeand number of containers.

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b. Spatial provision for on-site storage.

c. Details whether waste collection is to be performed by Council’s services orprivately contracted.

d. The size of the collection vehicle and the frequency, time and point ofcollection.

The WMP must be implemented to the satisfaction of the Responsible Authority. The wastemanagement plan must not be modified unless without the written consent of theResponsible Authority.

18. Exterior lighting must be installed in such positions as to effectively illuminate allcommunal areas. Such lighting must be designed, baffled and located to the satisfaction ofthe Responsible Authority to prevent any adverse effect on neighbouring land.

19. The development of the site must provide for stormwater works in accordance with thefollowing requirements:

a) Stormwater assets to be implemented in accordance with the principles of watersensitive urban design and consistent with the Stormwater Strategy Plan prepared byConsentino Group Pty Ltd, Drawing No: 16881-D1, Issue B unless otherwise directedby the Responsible Authority.

b) Detailed design plans to be prepared to the satisfaction of the Responsible Authoritywith all costs within the site and external to the site including all works associated withdischarging stormwater into the Ornamental Lake within Sir William Fry Reserve to beborne by the applicant/owner.

c) Prior to commencing any construction works, the applicant must submit a detailedStormwater Management Plan specifying but not limited to the environmentalmanagement of the site during construction.

d) All drainage assets and associated vegetation within the site to be maintainedindefinitely and all assets external to the site to be maintained for a minimum of 12months following practical completion to the satisfaction of the Responsible Authority


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

22. Any redundant crossovers to the development on Nepean Highway Service Road must beremoved and the kerb, channel, footpath and nature strip reinstated to the satisfaction of andat no cost to Vic Roads or the Responsible Authority.

23. Any existing vehicular crossings not in accordance with the endorsed plan must be removedand the kerb reinstated in a manner satisfactory to the Responsible Authority and any

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proposed vehicular crossing must be fully constructed to the Responsible Authority’sstandard specification.

24. Condition required by Melbourne Water:

a) No polluted and / or sediment laden runoff is to be discharged directly or indirectlyinto Melbourne Waters drains or watercourses.

25. Prior to the occupation of the dwellings hereby Permitted, all boundary fences must berepaired and/or replaced as necessary to the satisfaction of the Responsible Authority, at thecost of the applicant/owner.

26. Prior to the occupation of the dwellings hereby Permitted, areas set aside for parkingvehicles, access lanes and paths as shown on the endorsed plans must be:p. Constructed to the satisfaction of the Responsible Authority.

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

r. Surfaced in accordance with the endorsed plans under this Permit or in an all weathercoloured concrete seal-coat, to the satisfaction of the Responsible Authority.

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


27. Six (6) of the car parking spaces shown within the basement on the endorsed plan must bemade available exclusively for the use of visitors. Each space must be clearly marked forvisitor parking only, and must be available exclusively for the use of visitors.

28. The area set aside and to be maintained as ‘visitor car parking’ within the basement must beclearly identified by a sign having letters for a minimum height of 50 millimetres andbearing the works “Visitor Parking”.

29. The external fans, air-conditioning apparatus etc required pursuant to Condition 1n of thispermit must be to Council approval and installed to prevent loss of amenity to the area by itsappearance, noise, emission or otherwise.


31. Exterior lights must be installed in such positions as to effectively illuminate all pathwayand porch areas to the satisfaction of the Responsible Authority to prevent any adverseeffect on neighbouring land.

32. A security intercom must be provided in a convenient located adjacent to where vehiclesstop on site, to allow access to the parking provided on site.

33. Construction on the site shall be restricted to the following times:

Monday to Friday 7:00am to 7:00pm; Saturday 9:00am to 6:00pm; andSunday & public holidays no construction Permitted.

Or otherwise as approved by the Responsible Authority in writing.

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34. Before the occupation of any dwelling hereby Permitted, roadworks and/or drainage asrelevant and associated works must be provided in accordance with plans and specificationsapproved by Council and must include details of:-

(i) Amenity Control During Construction;(ii) Road Pavement Design/Makeup;(iii) Drainage System Design/Layout;(iv) Traffic Management/Signage/Linemarking;(v) Footpaths;(vi) Cycle/Pedestrian Paths/Signing;(vii) Kerb and Channel;(viii) Road Widening on Existing Access Roads Acceleration/Deceleration Lanes;(viiii) Tree Planting: Tree Reserves;(x) Fencing on Tree Reserves;(xi) Permanent Survey Marks/Numbered/Levelled;(xii) Service Conduit Plan;(xiii) Metcon Marking/Signing;(xiiii) Street Signs;(xv) Street Trees provision or payment;(xvi) Fencing for Municipal Reserves;(xvii) Municipal Reserves (Standard of Construction);(xviii) Vehicle Crossings;(xviiii) Filling of Land/Placement/Material;(xx) Service Road - Provision/Construction;(xxi) Street Lighting;(xxii) Water Tapping location to provided on all Municipal Reserves.

35. All necessary roads, drives, paths and services of the development must be constructed andcompleted before any buildings are occupied.


37. In accordance with section 68 of the Planning and Environment Act 1987, this Permit willexpire if one of the following circumstances applies:

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

The development is not completed within two (2) years of the commencement ofworks.

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


Note: The applicant/owner must provide a copy of this Planning Permit to any appointed BuildingSurveyor. It is the responsibility of the applicant/owner and Building Surveyor to ensure thatall building development works approved by any building Permit is consistent with thePlanning Permit.

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Note: No resident or visitor parking Permits will be granted to residents / tenants of thisdevelopment.

OR







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APPENDIX A – Typical Cross Section

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M 272 KP350/10 – 10 The Parade, Clarinda

APPLICANT: Ultimate Design and Drafting ADDRESS OF LAND: No. 10 (Lot 5 Block D on PS 1499) The Parade, Clarinda PROPOSAL: Two Dwellings (retention of existing single storey dwelling and

construction of a new double storey dwelling to the rear)PLANNING OFFICER: Tess JohnsonREFERENCE NO: KP350/10ZONE: Residential 3KINGSTON PLANNINGSCHEME ORDINANCECONTROLS:

State Planning Policy FrameworkClause 11.04: Metropolitan DevelopmentClause 11: SettlementClause 15: Built Environment and HeritageClause 16: Housing

Local Planning Policy FrameworkClause 21.05 MSS – Residential Land UseClause 22.11: Residential Development PolicyClause 32.06: Residential 3 Zone & ScheduleClause 55: Two or More Dwellings on a LotClause 65: Decision Guidelines

RESIDENTIAL POLICYAREA:

Incremental Change Area

DECISION DATE BY: 26th December, 2010 STATUTORY DAYS: 36 days @ 24th November, 2010CONSIDERED PLANREFERENCES / DATERECEIVED

Amended Plans drawn by Ultimate Design and Draftingreceived by Council on 19th August 2010

1.0 KEY ISSUES

1.1 The key planning issues arising from this proposal relate to: Double storey dwelling to the rear Neighbourhood character Private Open Space

2.0 PROPOSAL

2.1 It is proposed to retain the existing dwelling and construct one new double storey dwellingto the rear.

2.2 The existing dwelling is not proposed to be altered.

2.3 The proposed second dwelling will comprise of porch, entry, powder room, laundry kitchenand family/meals area, living room and master bedroom with WIR and ensuite at groundfloor. At first floor it is proposed to provide a bathroom and two bedrooms.

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2.4 Private open space is to be provided to dwelling 1 (55.02 square metres) and dwelling 2(48.99 square metres).

2.5 The height of the proposed dwelling is 8 metres.

2.6 Both dwellings would include a single garage with internal dimensions measuring 3.5metres by 6.0 metres.

2.7 Dwelling 2 would also include a tandem car space measuring 4.9 metres by 2.6 metres.

2.8 It is proposed to utilise the existing crossover to access both dwellings.

2.9 Materials will match the existing dwelling. A schedule of materials has been provided andincludes black concrete roof tiles, cream brick, Jasper render and Sandbank windows andguttering.

2.10 Development summary:

Dwelling Floor Area(excludinggarage /verandah)

Private Open Space No. of Bedroomsproposed

No. of CarParking Spacesprovided

1 114m² 96m² (including 55.02m2 ofsecluded private open space)

2 1 (single garage)

2 87.43m² 48.99m² of secluded private openspace)

3 2 (single garagewith tandem spacein front)

2.11 The proposal has an overall site coverage of 40.22% and a minimum permeability of34.42%.


Criteria ResCode Requirement Proposed Development ProvisionPrivate OpenSpace

Incremental Housing Change requirements –Schedule to the Residential 3 Zone:40m2, located to the side / rear of the dwelling,achieving a minimum dimension of 5 metresfor a 2 bedroom dwelling with convenient accessfrom a living room. An additional 20m2 is requiredfor each additional bedroom, which achieves aminimum dimension of 3 metres.



Car Parking Two (2) car parking spaces for each three (3) ormore bedroom dwelling, with one (1) space undercover



Front SetbackNot applicable, existing dwelling retained.

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Site Coverage Maximum 50% - as per Schedule to the Residential3 Zone

Site coverage is 40.22 and therefore complies

2.13 The proposed building materials, colours and finishes are summarised in the table below:

Roof:Walls:Garage doorsWindows:Driveways:Front fencing:Boundary fences:


3.1 The subject site is located on the south side of The Parade in Clarinda. The site isrectangular in shape with a frontage width to The Parade of 15.24 metres, a maximum depthof 45.72 metres, resulting in an overall area of approximately 697m².

3.2 The site is currently occupied by a single storey weatherboard dwelling and associated outbuildings.

3.3 The site includes a 2 metre slope from the front down to the rear and a 1 metre slope downfrom east to west.

3.4 The site does not contain any significant vegetation. Vehicle access to the site is via a singlewidth crossover located on the west side of the property frontage.

3.5 A 1.82 metre wide drainage easement traverses the site to the western boundary and a 2.43metre wide sewerage easement traverses the site to the rear southern boundary.

3.6 The surrounding area is residential in nature with a mix of single and multi unitdevelopments. Dwellings vary from 1-2 storeys.

3.7 Further a field, industrial sites are located to the west and the site is well served by publicopen spaces including parks and golf courses.

TITLE DETAILS

3.8 The applicant has completed a restrictive covenant declaration form declaring that there isno restrictive covenant on the title.


4.1 The subject site is located within a Residential 3 Zone and is not subject to any overlayprovisions.


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5.1 Pursuant to Clause 32.06 – Residential 3 Zone of the Kingston Planning Scheme, a PlanningPermit is required to construct two (2) or more dwellings on a lot.


6.1 Council records indicate that there is no relevant planning history relating to this site.

7.0 ADVERTISING

7.1 Prior to advertising, the Permit Applicant submitted revised plans on 19th August 2010,which essentially addressed the initial concerns outlined within the Planning Officer’sfurther information letter. It is these revised plans that formed part of the advertisingdocumentation.

7.2 The proposal was advertised by sending notices to adjoining and opposite property ownersand occupiers and by maintaining a notice on site for fourteen (14) days. One (1) objectionwas received. The valid grounds of objection raised are summarised as follows:

Overshadowing Visual bulk


8.1 A preliminary conference was not held as the objector declined the invitation to attend.

9.0 REFERRALS


Council’s Development Engineer who advised of no objection, subject to the inclusion ofa number of conditions on any permit issued;

Council’s Vegetation Management Officer who advised of no objection subject to theinclusion of an amended landscape plan, as per condition 1.



Clause 11.04: Metropolitan DevelopmentClause 11: SettlementClause 15: Built Environment and HeritageClause 16: Housing


Clause 21.05 (Residential Land Use)Clause 22.11 (Residential Development Policy)

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10.3 Zoning



10.4 Overlays

There are no overlay controls that apply to this site.


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



10.7 Other

10.8 Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 –Residential Land Use of the LPPF)

The land is located within Area 38 of the Neighbourhood Character Guidelines. Theproposal is generally in accordance with the applicable character profile.

10.9 Design Contextual Housing Guidelines (April 2003 – reference document within Clause22.11 – Residential Development Policy)

The Design Contextual Housing Guidelines offer a range of design techniques andsuggestions to assist with residential design, which is responsive to local character.




11.2 The State Planning Policy Framework sets out the relevant state-wide policies for residentialdevelopment at Clause 11 (Settlement), Clause 15 (Built Environment and Heritage) andClause 16 (Housing). Essentially, the provisions within these clauses seek to achieve thefundamental objectives and policy outcomes sought by the Metropolitan Strategy –‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have beenremoved from an individual clause and integrated throughout the State Planning PolicyFramework.

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

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






Policies pertaining to urban design, built form and heritage outcomes are found at Clause 15of the State Planning Policy Framework. Of particular significance, Clause 15.01encourages development to achieve high quality architectural and urban design outcomesthat contribute positively to neighbourhood character, minimises detrimental amenityimpacts and achieves safety for future residents, and the community, through good design.

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The provisions of Clause 15.02 promote energy and resource efficiency through improvedbuilding design, urban consolidation and promotion of sustainable transport.

It is submitted that the proposed development, as amended, satisfies the aforementionedState strategies and policy direction. Specifically, the subject site is located on landearmarked for residential purposes, whereby residential development is an ‘as of right’ useunder the zoning provisions. The development itself achieves an acceptable design outcomefor the site and its immediate abuttal’s, whilst enjoying convenient and direct access tocommunity facilities and the like, including public transport nodes.

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

11.3 Clause 21.05 - Residential Land use

The subject land is identified within an Incremental Housing Change area.

The type of housing change anticipated in these areas will take the form of extensions toexisting houses, new single dwellings or the equivalent of new two dwelling developmentson average sized lots. The existing single dwelling character of these areas is to be retained.


Objective 1: To provide a wide range of housing types across the municipality toincrease housing diversity and cater for the changing needs of currentand future populations, taking account of the differential capacity oflocal areas in Kingston to accommodate different types and rates ofhousing change.

Objective 2: To ensure new residential development respects neighbourhoodcharacter and is site responsive, and that medium density dwellingsare of the highest design quality.



Objective 5: To manage the interface between residential development andadjoining or nearby sensitive/strategic land uses.


Relevant strategies to achieve these objectives (as relevant to this application) include:

- Promote lower density housing in established suburban areas that do not have directaccess to activity/transport nodes and "encourage" only incremental change in housingdensity (incremental housing change areas). Such areas will retain their predominantlysingle dwelling character and incremental change will occur in the form of singledwellings or the equivalent of dual occupancy developments on average sized lots.

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- Promote new residential development which is of a high standard, responds to the localcontext and positively contributes to the character and identity of the localneighbourhood.

- Promote new residential development which provides a high standard of amenity andquality of life for future occupants.

- Encourage the retention of existing vegetation wherever possible.

- Improve landscape character by accommodating appropriate landscaping within newresidential developments.

- Ensure that the planning, design, siting and construction of new residential developmentresponds to best practice environmental design guidelines for energy efficiency, wastand recycling, and stormwater management.

- Promote medium density housing development in close proximity to public transportfacilities, particularly train stations.

- Ensure the siting and design of new residential development sensitively responds tointerfaces with environmentally sensitive areas, including the foreshore.

- Ensure that where medium and higher density residential areas are proposed adjacent tolower density residential areas, the design of such development takes proper account ofits potential amenity impacts.

- Ensure that the siting and design of new residential development is consistent withUrban Stormwater Best Practice Environmental Management Guidelines and that newdevelopment contributes to the maintenance and upgrade of local drainage infrastructureas required, where such new development will impact on the capacity of suchinfrastructure.

- Require the provision of car parking to satisfy the anticipated demand having regard toaverage car ownership levels in the area, the environmental capacity of the local streetnetwork and the proximity of public transport and nearby on and off street car parking.

- Ensure that all new medium density housing provides adequate private open space that isappropriately landscaped.

It is considered that the proposed development is consistent with the relevant objectives ofCouncil’s Municipal Strategic Statement as outlined above. Subject to conditions, theproposal can create a good standard of amenity for the future occupants of each dwelling,and does not result in any unreasonable amenity impacts to occupants of existing dwellingsin the immediate area. It is considered that the development will respect the existingstreetscape character, and the broader local neighbourhood character. Further discussionregarding these items will be outlined later within this report.


As outlined previously, the proposal is considered to generally comply and satisfy theapplicable Local Planning Policy Framework, which essentially aims to encourage well-designed medium density housing in appropriate locations.


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- Encourage all new residential development to respond positively and creatively toneighbourhood character. Unless a preferred character is specified, the existing characteris that which is to be considered.

- In areas where building placement makes a major contribution to neighbourhoodcharacter, design new development to reinforce the established rhythm of buildings inthe street and retain the existing single dwelling character of the streetscape.

- Design duplex and side-by-side development to have a visual interconnection with thestreet rather than presenting merely as garages and front doors only. Staggered frontbuilding lines and variation in designs and materials should be used to avoid poor urbandesign impacts upon streetscapes.

Built form, siting and scale of development, it is policy, where relevant, to:

- Encourage the two storey component of new medium density housing to be locatedtowards the front of a site.

- Ensure that two storey dwellings are designed to respond to the character of the localneighbourhood. Where the local neighbourhood is characterised by single storeydevelopment and this characteristic makes a major or critical contribution toneighbourhood character, new two storey development should incorporate rooms withinthe roof form of attic style dwellings, and should set the second storey building envelopeback from the ground level envelope.

- Ensure that any upper storey components towards the rear of sites are sensitivelydesigned to avoid unreasonable adverse amenity impacts on neighbours.

- Encourage well articulated and graduated elevations in order to avoid 'box-like' doublestorey designs, thus reducing visual bulk.

- Ensure that the siting of new buildings respects the amenity of adjoining neighbourswith regard to rear yards and garden outlooks from habitable living room windows.

- Ensure that the design and layout of new dwellings incorporate features which minimiseoverlooking of adjacent properties.

- Address potential overlooking through site layout planning as well as individualdwelling planning.

While the proposed development is for a two storey dwelling to the rear of the existingdwelling, it is not considered necessary to require the dwelling to be attic-style in thisinstance. The dwelling, while distinct from the existing dwelling on site, is a clear reflectionof the recently constructed dwellings which directly abut the south east part of the subjectsite. These dwellings are constructed to two storeys and have a direct interface with the rearportion of the subject site. It is this circumstance, into which it is considered acceptable toallow a variation to the policy which calls for single storey development in the rear. Thedevelopment can be sensitively designed with provision for landscaping to soften the builtform. At the street elevation, the slope of the land down to the rear means that the secondstorey building envelope is almost not visible, and hidden by the built form to the existingsingle storey dwelling. It is therefore submitted that the proposal would sit comfortablywithin the established neighbourhood.

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Car parking and vehicle access, it is policy, where relevant, to:

- Ensure that adequate on-site car parking is provided to meet the needs of future residentsand visitors and sited to reduce its impact on the streetscape.


- Locating garages or carports at the rear of dwellings fronting a street wherever possible.

- Ensuring that where garages are located in the street elevation, they are set back agreater distance than the front wall of the building.

- Ensuring that garages and carports are sited so that a tandem car parking space can beprovided in front of the garage or carport.

- Incorporating garages and carports within the main roof line of the dwelling.

Stormwater run-off mitigation and quality management, it is policy, where relevant, to:

- Ensure that new residential development limits the impact of increased stormwater run-off on drainage systems.



- Wherever possible, using unpaved landscape areas or porous paving.

- Where appropriate, constructing on-site stormwater detention with delayed release intothe stormwater drainage system.

- Designing to limit the impervious area.

- Incorporating on-site water re-cycling systems for stormwater run-off.

Clause 22.11 Residential Development Policy essentially extends upon the provisioncontained at Clause 21.05 (Residential Land Use) along with the State Planning PolicyFramework provisions found at Clause 14.02-2 – Settlement and Clause 16.02 – MediumDensity Housing, effectively promoting high-density development around activity centresand locations close to public transport.

In summary, the proposal is considered to be consistent with Council’s Local PlanningPolicy Framework and, importantly, it provides for an intensification of a lot within walkingdistance of a local shopping centre and has good access to public transport via bus routes.

Clause 22.11 – Residential Development Policy of the Kingston Planning Schemeencourages single dwellings or dual occupancy style developments on ‘average sized lots’within areas designated for Incremental Housing Change. Council’s Strategic PlanningDepartment undertook a study across the municipality in 2003 to identify any emergingpatterns with regard to average lot sizes. As such, six (6) areas were identified within themunicipality, each having their own ‘average lot size’ calculation.

The subject site is identified within Area 1 of this study. The average lot size within thisarea has been calculated to be 608.5m2, which results in a suggested development density of

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1 dwelling per 304.25m2. It is therefore considered that this proposal would generally meetthis strategy as the subject site has an area of 679.96 m2, resulting in 2 lot sizes of 339.98m2

which is within the average lot size.

Furthermore, the proposal has been assessed against the objectives and policy of theResidential Development Policy and it is considered that the proposal satisfactorily meetsthese requirements.


Clause 32.06: Residential 3 Zone: The Schedule to the Residential 3 Zone specifiesvariations to three standards of Clause 55 (ResCode), namely:

Standard B8 – Site Coverage: The local variation is nominated as a maximum of 50%.The proposed site coverage for the development is 40.22% and is consistent with theSchedule requirements.


The area and dimensions of private open space to dwelling 1 are in accordance with therequirements of the Schedule.

Dwelling 1 contains private open space of 55.02m2 readily accessible from a living area andwith a minimum dimension of 5 metres.

Dwelling 2 contains private open space of 48.99m2 and does not comply with the schedule.This non compliance will be discussed in the ResCode section to follow.


Not applicable. No new front fences are proposed.

12.0 CLAUSE 55 (RESCODE ASSESSMENT)

The proposal has been assessed against the objectives and standards of Clause 55 (ResCode) of theKingston Planning Scheme (refer to attachment A). It is considered that the developmentgenerally satisfies the requirements of ResCode and is a well-designed development.

The following areas of non compliance are noted:

B28 Private Open Space

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Dwelling 1 provides sufficient private open space of 55 m2, that is, if we are satisfied thatthe lounge of dwelling 1 is not a bedroom. Suitable conditions placed on any permit issuedcan ensure this lounge room is “opened up” and the internal nib walls deleted.

Dwelling 2 is more problematic in that it is proposed to contain 3 bedrooms and provide48.99 m2 of open space. The schedule to the Residential 3 Zone requires the provision of60m2 of open space for a 3 bedroom dwelling. The proposal falls short of this requirementby 10.11 square metres.

It is not considered a reasonable outcome to provide such a small amount of open space.The schedule to the Residential 3 Zone is not onerous in its requirements. The scheduleseeks to ensure that new development reflects the prevailing open space provision, thatbeing, more extensive, suburban character rear yards.

It is not considered appropriate to reduce the number of bedrooms to achieve compliancewith the schedule to the zone as this effective defeats the purpose of the requirement.Alternatively, it is submitted that a better solution would be to require the undercoverparking for dwelling 2 to be provided via a carport rather than a garage. This carport couldthen be located on the western boundary (over the easement traversing the western boundaryline) and would free up the essentially unusable stretch of open space that is proposed to thewestern side of the garage. This would be included in the overall open space quotient andwould bring the provision up to just under 60 m2.

This would have the added benefit of not constructing a garage over the easement(traversing the sites rear southern boundary)

A condition of any permit to issue would require the submission of amended plans showingthe deletion of the garage to dwelling 2 and the construction of a single car carport with amaximum width of 4 metres, constructed on the western boundary.

Standard B29 Solar Access to Open SpaceThe areas of secluded open space for both dwellings are located to the southern frontage.

2+[0.9x6.38] = 7.742 required setback. The proposed setback is 5.26-5.86 metres and doesnot comply with the standard.

It is considered acceptable to vary the standard with regard to dwelling 1 considering thatthere is limited opportunity to ameliorate the access to open space and this provision is anexisting condition.

The solar access to dwelling 2 will be bettered through the relocation of the carport to thewestern boundary. This will provide opportunity for good morning and afternoon sun to therear yard of dwelling 2.

Standard B34 Site ServicesIt is considered that the appropriate services can be provided on site. The location of binshas been noted on the plans. However, the location of air-conditioning units, hot waterservices and mail boxes needs to be shown. A condition of any permit to issue could beincluded requiring the submission of amended plans showing the location of the air-conditioning units, hot water services and mail boxes.

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13.0 RESPONSE AGAINST GROUNDS OF OBJECTIONS13.1 The following is a response to the grounds of objection not addressed in section 12 above:

Visual BulkThe proposal complies with ResCode with regard to the requirements for side and rearsetbacks. The objector has noted that they would require that the second dwelling be singlestorey rather than double storey. Whilst local policy seeks to reduce the impact of secondstorey built form in the backyard scape, this does not mean that two storey developments inthe rear of yards can not be contemplated.

The character of the area is such that there is no clear rear site lines devoid of two storeydevelopment. Specifically, the two double storey dwellings to the rear of 12 The Paradedirectly abut the rear interface of the subject site and inform the character of the area.Importantly, these dwellings impinge on any clear views and effectively bookend anycharacter of open rear yards.

Further to the above, it is noted that the proposal includes a setback from the objector site of5 metres to the dwelling. It is not a reasonable request to set this dwelling back a further 4metres, as per the request of the objector. The proposed development will be visible, but itis not the intention of policy to removal all evidence of development. Rather, it is the intentto ensure development respects the prevailing character of the area, which in this instance, itdoes.

Overshadowing

Shadow diagrams submitted with the application show that the adjoining property to thesouth (rear) would not be adversely affected by any shadows generated by the proposeddevelopment. Shading would generally fall on the subject site and on the driveway on thesite at No. 39 Crawford Street. The majority of the shading to 39 Crawford Street wouldgenerally fall within the shadow line of the existing fence. It is considered appropriate toallow this level of shading to the adjoining dwelling which represents a minimal increaseabove that already experienced, and within the requirements of ResCode.

It is noted that the objector at 39 Crawford Road has raised the issue of shading to hisdriveway and workshop. These are not areas that are protected under the standard.

It is not reasonable to expect that development should not shade a driveway or a workshop.

Other

Some concern has been raised about the site being further developed for possibly threedwellings in the future. This has been discussed with the applicant who is adamant that thiswill not be the case. The applicant is prepared to enter into a Section 173 Agreement withCouncil to restrict development on the overall site to two (2) dwellings. A condition on anypermit issued can require this.

CONCLUSION

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14.1The proposed development subject to the inclusion of suitable conditions on any permit issuedis considered appropriate for the site as evidenced by:


13.2` On balance and subject to the inclusion of suitable conditions, the proposal is consideredreasonable and warrants support.

13 RECOMMENDATION:

That Council resolve to issue a Notice of Decision to Grant a Permit for the development of this sitefor two (2) dwellings, subject to the following conditions:

20. Before the development starts amended plans to the satisfaction of the ResponsibleAuthority must be submitted to and approved by the Responsible Authority. Whenapproved, the plans will be endorsed and will then form part of the permit. The plans mustbe drawn to scale with dimensions and three copies must be provided. The plans must besubstantially in accordance with the plans submitted to Council on 19th August 2010, butmodified to show:

a) the provision of a landscape plan in accordance with the submitted development plan and theCity of Kingston Landscape Plan Checklist, with such plans to be prepared by a suitablyqualified landscape professional and incorporating:

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

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

iii. all existing trees on the site and within three (3) metres to the boundary of the site onadjoining properties, accurately illustrated to represent actual canopy width and labelledwith botanical name, height and whether the tree is proposed to be retained or removed;

iv. a range of plant types from ground covers to large shrubs and trees;v. adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at 1

metre intervals);vi. the provision of two (2) suitable medium sized (at maturity) canopy trees within the

front setback of the property and one (1) small (at maturity) tree within the private openspace area of each dwelling, with species chosen to be approved by the ResponsibleAuthority.

vii. sustainable lawn areas and plant species taking current water restrictions intoconsideration;

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viii. all trees provided at a minimum of two (2) metres in height at time of planting;ix. medium to large shrubs to be provided at a minimum pot size of 200mm;x. the provision of notes on the landscape plan regarding site preparation, including the

removal of all weeds, proposed mulch, soil types and thickness, subsoil preparation andany specific maintenance requirements;

b) the nib walls within the lounge room of the existing dwelling deleted;

c) the location of the air-conditioning units, hot water services and mail boxes;

d) the surface material of all driveways/accessways and car parking spaces nominatedin all weather coloured concrete seal coat

e) the existing 150mm diameter stormwater drain located along the rear boundary to beupgraded to 225mm diameter between the existing pit located at the south-west corner of39A Crawford Road and a new pit to be constructed at the south-east corner of 8 The Paradein accordance with the engineering plans approved by Council;

f) the existing 1.8m fence located adjacent to the existing vehicle crossing must bereduced to 1.2m or 1.5mx1.5m splay provided;

g) the provision of rainwater tank clearly nominated for new dwelling with water re-usefor toilet flushing; and

h) a notation on the plans stating that no trees are to be planted within the rear easementwith intrusive roots that may effect the drainage.

21. Prior to the development hereby permitted, the applicant must enter into a Section 173Agreement with Council which requires that no more than two (2) dwellings are constructedon the land, being the parent site, Lot 5 Block D on PS 1499, at any one time. All associatedcosts are to be borne by the owner / applicant.


23. Prior to the occupation of Dwelling 2 hereby permitted, the landscaping works as shown onthe endorsed plans must be completed to the satisfaction of the Responsible Authority. Thelandscaping must then be maintained to the satisfaction of the Responsible Authority.

24. Prior to the occupation of Dwelling 2 hereby permitted, all buildings and works and theconditions of this permit must be complied with, unless with the further prior writtenconsent of the Responsible Authority.

25. The existing stormwater drain located along the rear boundary must be upgraded in accordancewith condition 1a) at the developer’s cost prior to any building works commencing over the easement. Allworks associated with drainage upgrade must be in accordance with engineering plans submitted to andapproved by the Council. A priced schedule of works within the easement and the payment of Council’sengineering fees of 3.25% of the cost of works are required to be submitted prior to approval.

26. Stormwater outflow from the development to the Council drainage system should not exceed thepredevelopment outflow of the site and is not permitted to be connected to the upgraded 225mm diameterpipe.

27. The development of the site must be provided with stormwater treatment works which mustincorporate water sensitive urban design principles (including re-use) to improve discharge quality and adetention system for any increase in runoff as a result of the approved development. The system must be

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maintained to the satisfaction of the Responsible Authority. Council’s Development Engineer can adviseon treatment options.

28. Before the development commences, a drainage plan showing the method of treatment anddischarge to the nominated point must be prepared to the satisfaction of the Responsible Authority. Theplan must be prepared by a qualified person and show all details of the proposed drainage works,including all existing and proposed features that may have impact on the drainage (e.g. trees to beretained, crossings, services, fences, abutting buildings, existing boundary surface levels, etc.).

29. Stormwater drainage of the site must be provided so as to prevent overflows onto adjacentproperties.

30. The levels at site boundaries must not be altered, to the Satisfaction of the ResponsibleAuthority.

31. Prior to the occupation of Dwelling 2 hereby permitted, all boundary fences must berepaired and / or replaced as necessary to the satisfaction of the Responsible Authority, atthe cost of the applicant/owner.

32. Prior to the occupation of Dwelling 2 hereby permitted, areas set aside for parking vehicles,access lanes and paths as shown on the endorsed plans must be:a. Constructed to the satisfaction of the Responsible Authority.


c. Surfaced in an all weather coloured concrete seal-coat, to the satisfaction of theResponsible Authority.



33. Existing footpath and property boundary levels must not to be altered, unless with thewritten consent of the Responsible Authority.

34. All reinstatements to the satisfaction of the relevant authority


36. Before the occupation of Dwelling 2 hereby permitted starts, or by such later date as isapproved by the Responsible Authority in writing, the nature strip, kerb and channel, vehiclecrossover and footpath must reinstated to the satisfaction of the Responsible Authority.



39. All external surfaces of the dwelling elevations must be finished in accordance with theschedule on the endorsed plans and maintained in good condition to the satisfaction of theResponsible Authority.

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The development is not completed within one (1) year from the date of commencement ofworks.





Note: It is noted the development includes garage, storage shed and meter box to be built over aneasement. Separate consent from Council and the relevant service authority is required tobuild over the easement and will need to be obtained prior to the issue of a Building Permit.

OR




3. The proposal is not consistent with Clause 22.11 of the Kingston Planning Scheme.



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APPENDIX A – RESCODE ASSESSMENT:

Standards of the Kingston Planning Scheme: Two or more dwellings on a lot and residentialbuildings (Clause 55 and Schedule to the Residential 3 Zone)

Title and ObjectiveComplieswithStandard?

Requirement and Proposed

B1 Neighbourhood CharacterDesign respects existing neighbourhoodcharacter or contributes to a preferredneighbourhood character.Development responds to features of the siteand surrounding area.

Yes The character of this part of Clarindais informed by the industrial estate tothe west and the preponderance ofopen spaces including the two golfcourses nearby. The site is locatedwithin a residential pocket of asuburban vernacular with a variedsubdivision pattern, due to recentinfill developments-the originalpattern being regular, and of a finegrain. The dwellings vary in scalefrom 1-2 storeys and include singleand multi unit developments. Thenewer infill developments aretrending towards two storey withsingle storey developments consistingof older style buildings.

The subject site is currently occupiedby a single dwelling. The proposalincludes the construction of a twostorey dwelling to the rear of theexisting single storey dwelling withparking located at ground level, viagarage. The height of the building ata maximum of 8 metres provides areasonable transition from the singlestorey dwellings adjoining the site tothe west and the two storey built formdirectly to the east. The pedestrianentrances are emphasised, theentrances to the garages are recessedand minimized. This reflects theemerging predominant pattern ofdevelopment.

The proposal is consistent with theemerging neighbourhood character ofmedium density, and also respects thepolicy provision of the PlanningScheme which establishes principles

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for existing neighbourhood characterin locations within the Residential 3Zone.

In reviewing the proposal against thepolicy context it is argued that theproposed development complies withthe neighbourhood character whichpolicy seeks to protect.

B2 Residential PolicyResidential development is consistent withhousing policies in the SPPF, LPPFincluding the MSS and local planningpolicies.Support medium densities in areas to takeadvantage of public transport and comm.Dwelling infrastructure and services.

Yes Information supplied.

B3 Dwelling DiversityEncourages a range of dwelling sizes andtypes in developments of ten or moredwellings.

N/A Less than ten dwellings are provided

B4 InfrastructureProvides appropriate utility services andinfrastructure without overloading thecapacity.

Yes The development would not overloadexisting capacity of the surroundingarea. Council has not raised anyconcerns regarding the capacity oflocal infrastructure to accommodatethe proposed extra dwelling.

B5 Integration with the StreetIntegrate the layout of development with thestreet

Yes The proposed development providesdirect pedestrian and vehicular accessvia the pedestrian path/driveway tothe west of the site. This accesswaymaintains local accessibility.

The development is orientated to TheParade frontage.

No high front fencing is proposed.

B6 Street SetbackThe setbacks of buildings from a streetrespect the existing or preferredneighbourhood character and make efficientuse of the site.

NA Unaltered

B7 Building HeightBuilding height should respect the existing orpreferred neighbourhood character.

Yes Maximum: 9 metresProposed: 8 metres

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B8 Site CoverageSite coverage should respect the existing orpreferred neighbourhood character andrespond to the features of the site.

Yes Maximum: 50%Proposed: 40.22%

B9 PermeabilityReduce the impact of stormwater run-off onthe drainage system and facilitate on-sitestormwater infiltration.

Yes At least: 20%Proposed: 34.42%

B10 Energy EfficiencyAchieve and protect energy efficientdwellings and residential buildings. Ensure orientation and layout reduces fossilfuel energy use and makes appropriate use ofdaylight and solar energy.

Yes The proposed development includesnorthern orientation and makes someuse of solar access. The design doesnot unreasonably impact upon theenergy efficiency of adjoiningdwellings.

It is considered that environmentalfeatures can be incorporated withinthe buildings including, but notlimited to:- Energy efficient hot waterservice Dwellings;- Water efficient shower headsand wash basin outlets;- Energy efficient low voltageand fluorescent light fittings andmotion detectors for public arealighting to car parks, fire stairs,outdoor areas etc.;- Energy efficient electricalappliances;- Waste recycling collectionfacilities.

A condition of permit can be includedrequiring the submission of plansdetailing the ESD measures to beintroduced.

B11 Open SpaceIntegrate layout of development with anypublic and communal open space provided inor adjacent to the development.

N/A Not applicableThere is no public open space withinthe site.

B12 SafetyLayout to provide safety and security forresidents and property.

Yes The entrances to the two dwellingswithin the development are notobscured or isolated from the street.The entrances are set forward from

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the plane of the front façade of thebuildings in order to emphasis thepedestrian component of thedevelopment over the garageentrances.

Planting does not create unsafe spacesalong streets and accessways.

Good lighting, visibility andsurveillance of car parks and internalaccessways is provided.

Private spaces within the developmentare protected from inappropriate useas public thoroughfares.

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

character of the neighbourhood.

Development that maintains andenhances habitat for plants and animalsin locations of habitat importance.

The retention of mature vegetation on thesite.

Yes There are no significant trees on site.

The character of the area includesvaried landscaping. The proposalresponds to the limitations of the siteand responds to the general characterof the area. The proposal was referredto Council’s Vegetation ManagementOfficer who concluded that thedevelopment represents anappropriate response to the constraintsof the site.

B14 AccessEnsure the safe, manageable and convenientvehicle access to and from the development.Ensure the number and design of vehiclecrossovers respects neighbourhood character.

Yes The accessway is designed to allowconvenient, safe and efficient vehiclemovements and connections withinthe development and to the streetnetwork.

The existing 2.7 metre wide crossoveris proposed to be retained.

At change of direction a minimum of4 metres is provided.

The provision of a passing area at theentrance that is at least 5m wide and7m long is not necessary as the sitedoes not connect to a road in a roadzone.

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Crossover at 17.2% of frontageB15 Parking LocationProvide resident and visitor vehicles withconvenient parking.Avoid parking and traffic difficulties in thedevelopment and the neighbourhood.Protect residents from vehicular noise withindevelopments.

Yes CompliesThe car parking facilities are secure,reasonably close and convenient tothe dwellings and are generallylocated at least 1.5 metres from anyhabitable room windows. Howeverthe driveway is adjacent to thebedroom windows of dwelling 1.These sills are constructed to 1.92 and2.095 metres which are sufficientheights to minimise car light glare.

Further to this, bedroom 1 of dwelling2 has its window adequately protectedthrough generous landscaping.

B16 Parking ProvisionEnsure car and bicycle parking meets theneeds of residents and visitors.Accessways should be practical, attractiveand easily maintainable.

Yes Required: 1 for dwelling 1 and 2 fordwelling 2Proposed: 1 for dwelling 1 and 2 fordwelling 2

A single garage of internaldimensions of 3.5 metres by 6 metreshas been provided for the eachdwelling.

A tandem car space measuring 4.9metres by 2.6 metres has beenprovided to dwelling 2.

B17 Side and Rear SetbacksEnsure the height and setback respects theexisting or preferred neighbourhood characterand limits the amenity impacts on existingdwellings.

Yes All side and rear setbacks complywith the Standard.

B18 Walls on BoundariesEnsure the location, length and height of awall on a boundary respects the existing orpreferred neighbourhood character and limitsthe amenity impacts on existing dwellings.

Yes The proposal includes walls on boththe south and east boundaries.

The walls comply with lengthrequirements (10.6 metres to theeastern wall) (4 metres to the southernwall) and have an average height of3.0 metres

B19 Daylight to Existing WindowsAllow adequate daylight into existinghabitable room windows.

Yes Complies.Buildings opposite existing habitableroom windows provide for lightcourts of at least 3m2 and 1m clear to

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the sky. B20 North Facing WindowsAllow adequate solar access to existingnorth-facing habitable room windows.

Yes There are north facing habitable roomwindows within three metres of aboundary at 39 Crawford Road thatwill be affected as a result of thisapplication. However, these windowsare just on 3 metres from the commonboundary and the proposed southernmost wall is setback a further 5 metresfrom the boundary and complies withthe requirements of the standard.

B21 Overshadowing Open SpaceEnsure buildings do not significantlyovershadow existing secluded private openspace.

Yes Complies The proposed additional dwellingwould result in increasedovershadowing. The increasedshading is not considered to beunreasonable, as the adjoiningdwellings would receive a minimumof 5 hours sunlight.

It is noted that the objector at 39Crawford Road has raised the issue ofshading to his driveway andworkshop. These are not areas thatare protected under the standard.

It is not reasonable to expect thatdevelopment should not shade adriveway or a workshop.

B22 OverlookingLimit views into existing secluded privateopen space and habitable room windows.

Yes Complies The proposal does not include anywindows that will afford unreasonableviews to surrounding properties.

B23 Internal ViewsLimit views into existing secluded privateopen space and habitable room windows ofdwellings and residential buildings within thesame development.

Yes Internal views are minimised and aregenerally not available to the secludedprivate open spaces. Over 50% of theopen space at ground level is notsubject to views.

B24 Noise ImpactsProtect residents from external noise andcontain noise sources in developments thatmay affect existing dwellings.

Yes It is considered that the proposeddevelopment would not result inunreasonable noise impacts onadjoining properties given the typicalresidential setting.

B25 AccessibilityConsider people with limited mobility in thedesign of developments.

Yes Opportunity exists for access forpersons of limited mobility, throughthe provision of two dwellings with

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bedrooms constructed at ground level.B26 Dwelling EntryProvide a sense of identity to eachdwelling/residential building.

Yes It is considered that the buildingprovides appropriate levels of shelter,and sense of address required underthis objective.

B27 Daylight to New WindowsAllow adequate daylight into new habitableroom windows.

Yes All windows within the proposeddevelopment are located to face anoutdoor space clear to the sky or alight court with a minimum area of 3square metres.

B28 Private Open SpaceProvide reasonable recreation and serviceneeds of residents by adequate private openspace.

No See Report

B29 Solar Access to Open SpaceAllow solar access into the secluded privateopen space of new dwellings/buildings.

No See Report

B30 StorageProvide adequate storage facilities for eachdwelling.

Yes Storage has been shown on the plansand 6m3 provided for each Dwellingin accordance with standard B30

B31 Design DetailEncourage design detail that respects theexisting or preferred neighbourhoodcharacter.

Yes CompliesThe context of the area reflects anincreasingly diverse mix of buildingstyles but with generally consistentsingle to two storey heights. Theproposal sits well within this context.

The two storey scale of thedevelopment accords with theemerging scale of the immediatecontext.

The general building footprint of thenew dwelling is relatively small.

The design has provided for a goodlevel of fenestration to add interest tothe form. The façade is articulatedthrough the use of windows to thenorthern and western elevation atground level and varied materials atground level.

The scale is considered reasonable,where much of the immediate contextof the site is not heritage forms, but is

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of a one to two storey scale and amixed vernacular.

The aesthetic reflects a contemporarymodernist approach, with somereference to more classicalarchitectural industrial typologies, ascan be readily found in the generalvicinity.

The entrance area is prominent andemphasised, and there is a clear senseof address for the second dwelling onthe development.

The use of a simple palette ofmaterials allows for good integrationof the design within the context.

The development activates thestreetscape façade through the use ofglazing and fenestration.

The proposal includes glazing to thefront, northern facade to increaseopportunities for passive surveillanceof the accessway, and visualinteraction.

B32 Front FencesEncourage front fence design that respectsthe existing or preferred neighbourhoodcharacter.

Yes Fences are proposed to a height of 1.2metres

B33 Common PropertyEnsure car parking, access areas and othercommunal open space is practical, attractiveand easily maintained.Avoid future management difficulties incommon ownership areas.

N/A No areas of communal open space areproposed

B34 Site ServicesEnsure site services and facilities can beinstalled and easily maintained and areaccessible, adequate and attractive. Avoidfuture management difficulties in commonownership areas.

No See report

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M 273 KP498/10 – 98-116 C avanagh Street, Cheltenham

APPLICANT Contour Consultants Australia Pty LtdADDRESS OF LAND No. 98-116 (Lot on PS) Cavanagh Street, Cheltenham PROPOSAL Two-hundred and eight (208) dwellingsPLANNING OFFICER Sebastian LorenzoREFERENCE NO. KP498/2010RELEVANT STATEPLANNING POLICYFRAMEWORK

Clause 11 SettlementClause 12: Environmental and Landscape ValuesClause 13: Environmental RisksClause 15: Built Environment and HeritageClause 16: HousingClause 18: TransportClause 19: Infrastructure


Clause 21.03: Land Use Challenges for The New MillenniumClause 21.04: VisionClause 21.05: Residential Land UseClause 22.11: Residential Development Policy


OVERLAYS Not Applicable

PARTICULAR PROVISIONS Clause 55: Two or More Dwellings on a Lot &Residential BuildingsClause 52.36: Integrated Public transport Planning


Incremental Housing Change

DECISION DATE BY 23rd October, 2010STATUTORY DAYS 84 Days as of 16th November, 2010CONSIDERED PLANREFERENCES/DATERECEIVED

26th July, 2010 and 20th August, 2010

1.0 KEY ISSUES

1.1 The key planning issues arising from this proposal relate to:

Neighbourhood Character; Dwelling Density; Urban Design Considerations / Built Form; Traffic Considerations; Amenity Considerations (internal and external); Vegetation / Landscaping considerations; and Environmental Considerations.

2.0 PROPOSAL

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2.1 It is proposed to develop two-hundred and eight (208) dwellings comprising a mix of two(2) and three (3) storey dwellings on this site. Further details of the proposal can besummarised as follows:

There are five (5) different types of dwellings, these being dwelling types A, B, C, D andE. Within each general ‘dwelling type’ there are further particular variations. The planbelow illustrates the location of each type of dwelling proposed. Dwellings vary in sizedwith floor areas ranging between 119m2 and 202m2. The architectural expression iscontemporary and incorporates a range of modern materials and finishes. Furtherdetails of the dwelling types are located below:

Dwelling Type A (located along the site’s north, south and east side propertyboundaries):o Sixty (63) by three (3) bedroom, double storey attached dwellings;o The dwellings are generally paired in two (2) types, one with a garage and the

other with a carport;o Medium front and rear setbacks are provided; ando Private open space is located at the rear of the dwellings.

Dwelling Type B (located centrally fronting the site’s north and south side propertyboundaries):o Fifty-six (56) by three (3) bedroom, double storey, attached dwellings;o Each dwelling is provided with a double carport accessed via a rear laneway;o Front and rear setback areas are provided; ando Private open space is located at the rear of the dwellings.

Dwelling Type C & D (located centrally through the subject site):o Eighty (80) by two (2) bedroom, triple storey attached dwellings;o Each dwelling is provided with a single garage accessed via a rear laneway; ando Private open space areas are in the form of a large balcony space.

Dwelling Type E (located along the site’s west – Cavanagh Street property boundary):

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o Nine (9) by three (3) bedroom, double storey detached and semi-detacheddwellings have frontage to Cavanagh Street;

o Each dwelling is provided with individual vehicle crossovers and driveways toaccess a double garage;

o Generous front, side and rear setbacks are provided;o Both pitched and sloped skillion roof styles are provided; ando Private open space is located at the rear of the dwellings.

The central mews component of the proposed development provides communal publicopen space for the future residents of the development and consists of a man parcel ofopen space 10 metres in width by approximately 198 metres in length totalling and areaof approximately 2,617m2. Additional walk ways and communal open space (notincluding roadways) takes the communal open space component of the proposeddevelopment to 3,073m2.

Vehicle access to the development is provided via two (2) new access points fromCavanagh Street to a new internal road network which is used to access the individualdwellings throughout the subject site. The internal road network will form part of thebody corporate / owners corporation associated with the development and thecommunal open space areas will be common property. The internal road network is tobe privately owned and it is not intended to become a public road.

All dwellings are provided with car parking in accordance with the requirements ofStandard B16 of the Kingston Planning Scheme. Further, a total of sixty-eight (68)visitor car parking spaces are provided on site within the internal road network of theproposed development.

New landscaping is proposed throughout the proposed development.



PrivateOpenSpace

Incremental Housing Change requirements –Schedule to the Residential 3 Zone: 40m2,located to the side / rear of the dwelling,achieving a minimum dimension of 5 metresfor a 2 bedroom dwelling with convenientaccess from a living room. An additional20m2 is required for each additional bedroom,which achieves a minimum dimension of 3metres.

The proposal does not comply with theminimum private open spacerequirements of the Schedule to theResidential 3 Zone. This area of non-compliance is discussed in more detailbelow in this report.

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CarParking

One (1) car parking space for one (1) or two(2) bedroom dwelling.

Two (2) car parking spaces for each three (3)or more bedroom dwelling, with one (1) spaceunder cover.

One (1) visitor car parking space per every 5dwellings proposed.

All two (2) bedroom dwellings areprovided with one (1) individual undercover car parking space in the form of asingle garage.

All three (3) bedroom dwellings areprovided with two (2) on site car parkingspace. These are provided in variousways including double garages, singlegarage with a tandem space in front

Sixty-eight (68) visitor car parkingspaces are proposed within the internalroad network. This complies with theminimum visitor car parkingrequirements of this Standard. Refer totraffic section of this report for furtherdetails and discussion.

FrontSetback


The proposal does not comply with theminimum front setback requirements ofthis Standard. A variation is to thesought as part of the application. This isdiscussed in more detail below.

SiteCoverage

Maximum 50% - as per Schedule to theResidential 3 Zone

The proposal has an overall sitecoverage of approximately 35.2% andtherefore complies with the minimumrequirements of this Standard.


3.1 The subject site is located on the east side of Cavanagh Street, Cheltenham, betweenWarren Road located to the north of the subject site and Dewrang Street located to the southof the subject site. The overall subject site comprises of two (2) allotments. Details of eachallotment are as follows:

Lot 1 on TP758036M: This allotment is irregular in shape and size, has a frontage widthof 159.57 metres to Cavanagh Street, a maximum depth of 255.5 metres and overall area ofapproximately 38,020m2 (3.802 hectares); and Lot 1 on TP599611M: This allotment is irregular in shape with a maximum width of30.14 metres, a maximum depth of 84.52 metres and an overall area of approximately 2588m2 (0.25hectares). This allotment is located approximately 170 metres to the east of Cavanagh Street and islocated in the north-east corner of the overall subject site known as No. 98 – 116 Cavanagh Street,Cheltenham.

3.2 For the purposes of this application, Lot 1 on TP758036M and Lot 1 on TP599611Mwill be referred to as one single site unless otherwise noted.

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3.3 The subject site is irregular in shape and size. The subject site has a frontage width of159.57 metres to Cavanagh Street, a maximum depth of 255.5 metres and an overall site areaof approximately 40,608m2 (4.06 hectares). The aerial photograph below illustrates the sizeand location of the subject site in relation to adjoining and surrounding properties that can befound in the immediate neighbourhood.

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3.4 The subject site is generally vacant except for an existing shed which is proposed tobe removed as part of the development of the site. It is noted that currently, environmentsand geotechnical works are currently being conducted on the subject site.

3.5 The subject site has a varied topography with the land rising approximately 0.5 metrefrom the site’s west (Cavanagh Street) property frontage towards the centre of the site beforefalling approximately 7 metres towards the site’s east (rear) property boundary. The subjectsite is also generally lower than the floor level of adjoining properties to the north and southof the subject site. This is a result of soil compaction over time since the land was filled.

3.6 There are a number of trees located towards the front of the subject site, along thesite’s Cavanagh Street property frontage. These trees are proposed to be removed as part ofthe application. Further, the remaining vegetation located on the subject site can be describedas shrubs and overgrown weeds. Generally, it is considered that all vegetation on the subjectsite is not of any significant value, however, this is discussed in more detail below in thisreport

3.7 Vehicle access to the subject site is via two (2) existing vehicles crossover locatedalong the site’s Cavanagh Street property frontage. These vehicle crossovers are proposed tobe removed as part of the proposed development with new vehicle access point proposed.

3.8 The subject site is located within an established urban area in Cheltenham and hasconvenient access to a range of community facilities and services. This includes local shopslocated approximately 150 metres to the south of the subject site along Cavanagh Street andapproximately 350 metres to the north-west of the subject site along Bernard Street.Additionally, supermarket, retail and specialty shopping and entertainment facilities are

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located at the Westfield Southland Shopping Centre which is located approximately 8.50metres to the south- west of the subject site. Furthermore, in addition to the abovementionedretail facilities, the subject site is also in close proximity to primary and secondary schools,public open space and other community facilities and everyday services such as publictransport including bus services which operate along Cavanagh Street (directly in front of thesite) and along Bernard Street.

3.9 A search of Council records and other information available suggest that the subjectsite was used and operated as a sand quarry between 1933 and 1985. The site has since beenfilled and has been allowed to settle over time. This is discussed in more detail below in thisreport.

3.10 It should also be noted that the subject site now known as No. 11 Hannah Street,Cheltenham which is located to the east of the south-east corner of the subject site alsoformed part of the sand quarry as described above. This land was also filled (similarly to thesubject site) and has since been developed for thirty-three (33) single storey villa units asapproved by Planning Permit No. MBN/2404 issued by the City of Moorabbin on 27th

December, 1984. This permit was acted upon by the applicant and thirty-three 933)dwellings are developed on this site for residential purposes.

4.0 TITLE DETAILS

4.1 The Permit Applicant has completed the planning application form declaring that there is norestrictive covenant on the title.


5.1 The subject site is located within a Residential 3 Zone. No overlay provisions apply to thesubject site.


6.1 Pursuant to Clause 32.06, a Planning Permit is required to construct two (2) or moredwellings on a lot.

7.0 RELEVANT SITE HISTORY

7.1 Council Records indicate that the following Applications for Planning Permits have beendecided upon in relation to the subject site:

Planning Permit No. MBN/1750 was refused by the City of Moorabbin for the use of thesite for a private rubbish tip on 4th August, 1981;

Planning Permit No. MBN/2746 was issued by the City of Moorabbin for the use of thesite for a private rubbish tip on 4th July, 1986;

Planning Permit No. MBN6677 was issued by the City of Moorabbin for thedevelopment of the site for one-hundred and thirty (130) single storey villa units on 28th

March 1988;

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Planning Permit No. MBN/6677 was refused by the City of Moorabbin and refused byVCAT for the development of the site for ninety-four (94) dwellings on 17th November,1994; and

Planning Permit No. KP98/458 was issued by the City of Kingston for the developmentand use of the site for a residential park comprising one-hundred and thirty-two (132)dwellings and community and recreational facilities on 8th January, 1999.

7.2 As noted above, the subject site was used for the purpose of a sand quarry between 1933 and1985. The site was filled between 1976 and 1989 with various types of fill. The site was alsoused for the purpose of a private rubbish tip between 1986 and 1989 when filling andcompaction was completed. The site has since been left to settle over time.

7.3 It is noted that two (2) previous Environmental Audits have been conducted on the subjectsite. The first of which occurred in 1994 and the second of which was conducted in 1998. Inboth instances, the appointed Environmental Auditor issued a Statement of EnvironmentalAudit subject to certain requirements being carried out. However, in both instances, theEnvironmental Auditor refused to issue a Certificate of Environmental Audit as the site wascontaminated or potentially contaminated and would be detrimental or potentiallydetrimental to beneficial use of the land at the site. It is also noted that the applicant iscurrently in the process of preparing a third Environmental Audit for the subject site whichis likely to be finalised by approximately March, 2011.

8.0 ADVERTISING

8.1 The proposal was advertised by sending notices to adjoining and opposite property ownersand occupiers and by maintaining a notice on site for fourteen (14) days. Twenty-sixobjection(s) to the proposal were received. The valid grounds of objection raised aresummarised as follows:

Amenity based concerns (including overshadowing, overlooking and visual impactconcerns etc); Car parking and Traffic Concerns (including lack of car parking, increase in trafficmovements and safety considerations etc); Overdevelopment of the site (including height, scale, visual bulk and mass,neighbourhood character, drainage concerns etc); Environmental Considerations (including vegetation removal and previous filling ofthe subject site).


9.1 A preliminary conference was held on 14th October, 2010 with the relevant Planning Officer,Ward Councillor(s), the Permit Applicant and objectors in attendance. The above-mentionedissues were discussed at length.


10.0 REFERRALS

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10.1 The application was referred to the following external authorities. Where appropriateamended applications have been re-referred:

Environmental Protection Authority (EPA) Victoria; Director of Public Transport; and Metropolitan Fire Brigade (MFB).

10.2 The abovementioned referral Authorities advised of no objection to the proposal subject tothe inclusion of suitable conditions being placed on any permit issued. These are discussedindividually below:

Environmental Protection Authority (EPA) Victoria: The referral responses provided bythe EPA are discussed in more detail in the Environmental Considerations section of thisreport below. This section also provides details of current work being undertaken by theapplicant in relation to the Environmental Audit which is required to be carried out on thesubject site.

Director of Public Transport: Pursuant to Clause 52.36 – Integrated Public TransportPlanning of the Kingston Planning Scheme, an application of sixty (60) or more dwellingsmust be referred to the Director of Public Transport, who advised of no objection to theproposal subject to the inclusion of the following condition on any permit issued:

The permit holder must ensure that public transport infrastructure in Cavanagh Street isnot altered without the consent of the Director of Public Transport or damaged. Anydamage or alteration to public transport infrastructure must be rectified to thesatisfaction of the Director of Public Transport at the full cost of the permit holder.

The abovementioned condition has been included as part of Council Officersrecommendation below.

Metropolitan Fire Brigade (MBF): The following comments were provided by the MBFin relation to the width of access roads and the location of fire hydrants and water mainconfiguration.

The minimum width of the access roads serving the estate shall be:o 3.5 metres in width where no parking is permitted within that roadway;o 5.8 metres in width where parking is to be permitted along one (1) side of theroadway; ando 8.1 metres in width where parking is to be permitted along both sides of theroadway.

That water main configuration and fire hydrant locations within the estate comply withthe following requirements:

o 120 metre intervals on residential streets and at each intersection.

It is considered that the abovementioned requirements can easily be incorporated into theproposed development. As such, it is considered that suitable conditions should be placed onany permit issued in accordance with the abovementioned MFB requirements. Theseconditions have been included as part of Council Officers recommendation below.

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Council’s Development Engineer; Council’s Vegetation Management Officer; Council’s Roads and Drains Department; Council’s Environmental Sustainability Officer; Council’s Urban Designer; Council’s Strategic Planning Department; Council’s Waste Management Officer; and Council’s Traffic Engineering Department.

The relevant comments from each of the abovementioned departments are detailed below.

Development Approvals Engineers: Council’s Development Approvals Engineers advisedof no objection to the proposed development subject to the inclusion of suitable drainageconditions being placed on any permit issued. These conditions have been included as partof Council Officers recommendation below.

Vegetation Management Officers: Council’s Vegetation Management Officer advised ofno objection to the proposed development subject to the inclusion of suitable vegetationconditions being placed on any permit issued. Council’s vegetation Management Officer’sadvised that there was no vegetation on the site worthy of retention and that it would bemore appropriate to provided new landscaping throughout the subject site. The conditionsrequested by the Vegetation Management Officers have been included as part of CouncilOfficers recommendation below.

Roads and Drains Department: Council’s Roads and Drains Department advised of noobjection to the proposed development subject to the inclusion of suitable conditions beingplaced on any permit issued. These conditions include:

The provision of a footpath along the site’s Cavanagh Street property frontage is to beshown on the plans and constructed at the full cost of the developer/ applicant to theSatisfaction of the Responsible Authority;

Detail engineering drawings are to be submitted to Council for approval by CouncilEngineers for the following works:

o Drainage;o Road intersections; ando Footpath and vehicle crossings.

These conditions are included as part of Council Officers recommendation below.

Environmental Sustainability Officer: Council’s Environmental Sustainability Officeradvised of no objection to the proposed development, however provided a number ofsuggestions to improve the energy efficiency and sustainability of the proposeddevelopment. These include the use of double glazed windows, solar treatments to east andwest facing windows, the use of water and energy efficient fixtures and fittings. This hasbeen considered and a number of these elements have been provided as conditions includedas part of Council Officers recommendation below.

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Urban Designer: In light of additional documentation and some changes to address earlierUrban Design comments the architecture of this proposal achieves a high standard of design.Dwellings are well-articulated with the proposal including variations between like-builtforms in the same street. This has been achieved through varied materiality, architecturaldetailing and landscaping design for a visually interesting streetscape. Dwellings are alsoprovided with a practical internal layout which provides for a high level of internal amenityand contemporary living.

Issues that still remain of some concern include the width and design of main roads withinthe proposed development and two (2) main vehicle access points to Cavanagh Street. It wasadvised that further consideration should be given to widening main roads within the siteand the possible reconfiguration of dwellings beside the main vehicle access points toCavanagh Street. The widening of roads should provide for safer and more convenientshared access for pedestrians, cyclists and vehicles alike. As discussed in further detailbelow, (and as per the requirements of the MFB above) the two (2) main roads are requiredto be widened to 5.8 metres in width. This will in turn widen the vehicle entry points forCavanagh Street. While the increase in road width is minimal, it is considered that such anincrease will provide for improved safety and manoeuvrability for vehicles to and from thesite. The landscape plans provided by the applicant illustrate the location of all internalfootpaths which are considered to be appropriate in width and location and will allow forsafe and efficient pedestrian movements within the proposed development, as well as, in andout of the subject site.

Strategic Planning Department: In light of additional documentation the followingcomments are provided from Strategic Planning having assessed the application against theLocal Planning Policy Framework of the Kingston Planning Scheme.

The subject site is located a walking distance of approximately 1.2 kilometres from thenearest activity centre and approx 2.3 kilometres walking distance from the nearest trainstation at Cheltenham. The subject land is zoned Residential 3 and lies within anIncremental Change area in accordance with Kingston’s Residential Policy.

The Planning Panel which considered Planning Scheme Amendment C8* to theKingston Planning Scheme accepted the principal that Increased Housing Diversity areaswhere generally those which fell within approximately a 400 metres radius of publictransport / commercial activity centres. As this site is located in excess of 400 metresfrom the nearest railway station, it is self evident as to its categorisation as anIncremental Change area.

The Residential Strategy that supported the above mentioned Planning SchemeAmendment did identify the subject land as a Major Residential Opportunity site whichwould be able to accommodate a medium density housing project subject to thequalification that particular attention to provision of supporting facilities is necessary formore isolated sites. Large Residential Opportunity Sites are those that have a total areain excess of 2,000m2. Although the subject site was provided this designation in thepolicy, it is apparent that it is not identified on the Residential Framework Plan at Clause21.05 – Residential Land Use of the Kingston Planning Scheme. However, it is felt thatdue to the unique size of the site, a contemporary medium density development could be

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justified provided the facilities required to support such a proposal and appropriatedesign issues are addressed.

Clearly in accordance with the provisions of the Kingston Planning Scheme, anydevelopment of the subject site should respond to neighbourhood character, particularlywith respect to the site’s frontage to Cavanagh Street in order to ensure neighbourhoodcharacter cohesiveness. Accordingly the design of proposed development should be ableto retain the predominantly single dwelling character of the established surroundingneighbourhood. The development must be of high design and quality and must beserviceable and accessible to appropriate social infrastructure. Any proposal should alsodemonstrate a high mix of lot sizes and dwelling types / sizes.

Maintenance Contracts and Waste Department: The applicant submitted a WasteManagement Plan with the application which was referred to Council’s MaintenanceContracts and Waste Management Department for comment. Council’s MaintenanceContracts and Waste Department advised of no objection to the proposed development andhad the following comments regarding the proposed Waste Management Plan submittedwith the application:

The Waste Management Plan provides good detail for storage and collection of bins andthere are not any foreseeable issues for Council collection in this regard;

Given the internal road network it proposed to be privately owned, an indemnity will berequired for trucks to enter the property and it is recommended that the roads beconstructed to Council standards;

The truck swept paths seem tight but adequate so long as parked cars do not inhibitturning circles. If on street parking is to be permitted within the site ‘no parking’ areaswill need to be set up to allow for truck turning.

Given the abovementioned comments, it is considered that the proposed Waste ManagementPlan submitted with the application is acceptable and should form part of any endorsed plansto the permit. Therefore, a condition of any permit issued should require that a WasteManagement Plans for the proposed development be approved to the satisfaction of theResponsible Authority. This condition has been included as part of Council Officersrecommendation below.

Traffic Engineers: The comments provided by Council’s Traffic Engineers with regard tothe proposed development are based around the proposed internal road network being apublic road network. As a result, the minimum standards and comments provided byCouncil’s Engineers are in essence stricter than those that would normally be applied to aprivate road. As noted above, it is proposed that the internal road network will be owned andmanaged by the body corporate / owner corporation effectively making the internal roadnetwork private roads. Therefore, it is considered that the comments and standards providedby Council’s Traffic Engineers should be considered, however, discretion should be used asto the level that these requirements are implemented and / or included within the proposeddevelopment. As such, further discussions were had between relevant Council Officer’s andit is considered that Council’s Planning Officers have adequately considered the commentsand requirements of Council’s Traffic Engineers.

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In general terms, Council’s Traffic Engineers raised a number of concerns with regard to theproposed development. Amongst other elements of the proposal, concerns were raised withregard to accessway widths, sightlines, car parking location and swept paths. The followingcan be said in relation to the concerns raised by Council’s Traffic Engineers with regards toroad widths, sightlines, car parking location and swept paths:

A condition of any permit issued will require road widths to be in accordance with theMetropolitan Fire Brigade requirements as discussed above (i.e. where streets areproposed to have parking along one (1) side, these should be widened to 5.8 metres inwidth). Such a condition will also correlate with the comments provided by Council’sUrban Designer. Furthermore, a widening of the road width will allow improvedpedestrian and vehicle sightlines and improved manoeuvrability for vehicles within theinternal road network. Vehicle would be able to easily access the individual drivewaysof dwellings while allow on-street visitor car parking which does not detrimentallyimpact on the entering and exiting of vehicles from individual dwellings of the subjectsite itself.

The visitor car parking proposed along the proposed Maple Street are to be reduced innumber (i.e. from 20 spaces to 10 spaces) and relocated on the north side of this street inbetween the driveways of each dwelling to improve turning circles for residents enteringand exiting their individual dwellings. Similarly, the visitor car parking proposed alongthe proposed Jasmine Street are to be reduced (i.e. from 20 spaces to 10 spaces) andrelocated on the south side of this street in between the driveways of each dwelling toimprove turning circles for residents entering and exiting their individual dwellings.While the abovementioned conditions will provide for an overall reduction in thenumber of visitor parking spaces being provided within the proposed development (i.e.from 68 car spaces to 48 car spaces), it is considered that the benefit of these reductionsand re-locations far outweighs the reduction of visitor spaces. As noted above, such achange will allow for improved sightlines, improved manoeuvrability and improvedsafety for drivers and pedestrians alike. Furthermore, it should be noted that thereduction in visitor car parking will not impact on the minimum visitor car parkingrequirements of Standard B16 of Clause 55 (ResCode) of the Kingston PlanningScheme. The proposed 48 visitor car parking spaces (as per the Condition includingwithin the recommendation of this report) is still in excess of the 41.6 visitor car parkingspaces as required by Standard B16.

It is considered that all truck swept paths work adequately, particularly at changes ofdirection and entering the laneways. While these may be tight, they are considered to beacceptable. Furthermore, the applicant has provided details that the proposed curbs /channel sections of the internal road network are to be roll-over curbs to allow for anyaccidental mounting of curbs by waste removal trucks and other vehicles. Therefore, it isconsidered that while adequate space is provided for vehicle manoeuvrability, safeguards in the form or roll-over curbs have been incorporated into the proposeddevelopment to allow for accidental and / or otherwise mounting over the internal roadnetworks curbs.

Standard C20 requires that 3 metre by 3 metre wide splays should be provided atchanges of direction so as to provide adequate sightlines for vehicles and pedestriansalike. The proposed development does not satisfy this requirement of Standard C20.However, the provisions of Clause 56 allows Council to consider an alternative designsolution and / or suitable conditions if such a design solution / conditions would stillmeet the objective of the Standard. In this instance, it is considered that lesser spays are

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appropriate having regard to the overall design of the proposed development, the layoutof the internal road network, the sightlines provided at changes of direction and theanticipated low speed that vehicles will be travelling at throughout the proposed roadnetwork. Therefore, it is considered that while the specific Standard is not met, theobjective of Standard C20 is adequately met.

The applicant has agreed to make Park Lane and Ivy Lane one-way in a east to westdirection (i.e. rear of the site towards the front of the site) thereby improving safety forboth pedestrians and vehicles alike, especially with regard to vehicles entering andexiting the respective garages / car ports of each dwelling. This condition has beenincluded as part of Council Officers recommendation below.

It should also be noted that Council’s Traffic Engineers concurred with the applicant’sTraffic Engineers with regard to the estimated traffic to be generated by the proposeddevelopment. While it is acknowledged that the proposed development would no doubtresult in an increase in vehicles movements both along Cavanagh Street as well as thesurrounding road network (i.e. Bernard Street / Friendship Square etc), it was suggested byboth Council’s Traffic Engineers and the applicants Traffic Engineers that the proposeddevelopment would not have a significant effect on the surrounding road network further afield. Further, it was noted that the traffic impact of the development could not beconsidered unacceptable in traffic engineering terms. Therefore, it is considered that theexisting road network surrounding the subject site will be able to accommodate theanticipated increase in traffic.

The applicant has also advised that they are prepared to contribute to the installation ofspeed humps / traffic calming initiatives and / or pedestrian crossings along CavanaghStreet. This was as a result of safety concerns raised by residents with particular regard tothe anticipated increase in vehicle movements along Cavanagh Street. This managementplan will require the applicant to consult with representatives of Cheltenham SecondaryCollege, Le Page Primary School and Council’s Traffic Engineering Department. Acondition requiring the applicant prepare a Traffic Management Plan to the satisfaction ofthe Responsible Authority has been included as part of the recommendation below.

Overall, Council’s Planning Officers consider that the development adequately addresses therequirements of the Kingston Planning Scheme with regard to car parking, accessways andtraffic consideration subject to the inclusion of suitable conditions being placed on anypermit issued. These conditions have been included as part of Council Officersrecommendation below.



Clause 11 (Settlement)Clause 12 (Environmental and Landscape Values)Clause 13 (Environmental Risks)Clause 15 (Built Environment and Heritage)Clause 16 (Housing)Clause 18 (Transport)Clause 19 (Infrastructure)

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Clause 21.05 (Residential Land Use)Clause 22.11 (Residential Development Policy)

11.3 Zoning


11.4 Overlays

There are no overlay provisions which apply to the subject site


Clause 55 (Two or More Dwellings on a Lot & Residential Buildings) – Refer to AppendixA for the Planning Officer’s full assessment against this Clause.Clause 52.36 (Integrated Public Transport Planning)



11.7 Other

Neighbourhood Character Area Guidelines (Incorporated Document under Clause 21.05 –Residential Land Use of the LPPF).

As noted above, the subject site is unique with regard to it’s overall size and frontage toCavanagh Street, Cheltenham. As noted above, the proposal provides for various typesof built form, with conventional wider lots with double storey dwellings frontingCavanagh Street and a different form of housing (in the form of double storey and triplestorey attached dwellings) which does not impinge on the streetscape of Cavanagh Streetas a whole. As a result, the applicant has sought to provide two (2) forms of built form:The first of which fronts Cavanagh Street and which is consistent with the generalneighbourhood character and streetscape of the surrounding area. The second of which isquite a distinctive modern product (those dwellings set back behind the dwellingsfronting Cavanagh Street) which provides a variety in the built form and dwellingdiversity of that found in the surrounding area, while providing elements such as roofform, window shapes, colours and building materials which are a modern interpretationon the existing built form of the neighbourhood character of the surrounding area.

Therefore, it is considered that the proposed development is generally consistent withthe neighbourhood character guidelines of the Kingston Planning Scheme

Design Contextual Housing Guidelines (April 2003 – reference document within Clause22.11 – Residential Development Policy)

The Design Contextual Housing Guidelines offer a range of design techniques andsuggestions to assist with residential design, which is responsive to local character. It is

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considered that the proposed development does not raise any issues of non-compliancewith these guidelines.


12.1 State Planning Policy Framework

The State Planning Policy Framework sets out the relevant state-wide policies for residentialdevelopment at Clause 11 (Settlement), Clause 15 (Built Environment and Heritage) andClause 16 (Housing). Essentially, the provisions within these clauses seek to achieve thefundamental objectives and policy outcomes sought by the Metropolitan Strategy –‘Melbourne 2030’ and its recent update ‘Melbourne @ 5 Million’, which have beenremoved from an individual clause and integrated throughout the State Planning PolicyFramework.


Planning for urban growth, should consider:

o Opportunities for the consolidation, redevelopment and intensification of existingurban areas;o Neighbourhood character and landscape considerations;o The limits of land capability and natural hazards and environmental quality;o Service limitations and the costs of providing infrastructure.



Clause 13.03-1 (Use of Contaminated and Potentially Contaminated Land) provides for thefollowing policy directions and objectives:

Objective: To ensure that potentially contaminated land is suitable for its intendedfuture use and development, and that contaminated land is used safely.

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Strategies: Require applicants to provide adequate information on the potential forcontamination to have adverse effects on the future land use, where the subject land is known tohave been used for industry, mining or the storage of chemicals, gas, wastes or liquid fuel. Policy Guidelines: Planning must consider as relevant:o State Environment Protection Policy (Prevention and Management of Contaminationof Land).o Ministerial Direction No. 1 – Potentially contaminated land.o National Environment Protection (Assessment of Site Contamination) Measure

(National Environment Protection Council, 1999).




Policies pertaining to urban design, built form and heritage outcomes are found at Clause 15of the State Planning Policy Framework. Of particular significance, Clause 15.01encourages development to achieve high quality architectural and urban design outcomesthat contribute positively to neighbourhood character, minimises detrimental amenityimpacts and achieves safety for future residents, and the community, through good design.The provisions of Clause 15.02 promote energy and resource efficiency through improvedbuilding design, urban consolidation and promotion of sustainable transport.

It is submitted that the proposed development satisfies the aforementioned State strategiesand policy direction. Specifically, the subject site is located on land earmarked forresidential purposes, whereby residential development is an ‘as of right’ use under thezoning provisions. The development itself achieves an acceptable design outcome for thesite and its immediate abuttals, whilst enjoying convenient and direct access to communityfacilities and the like, including public transport nodes. It is considered that the proposeddevelopment generally complies and satisfies the State Planning Policy Frameworkguidelines which aim to encourage well-designed medium density housing in appropriatelocations.

The Environmental Risks provisions of Clause 13 as detailed above are discussed in moredetail below in the Environmental Considerations section of this report.

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CLAUSE 21.05 – RESIDENTIAL LAND USE

The City of Kingston’s MSS at Clause 21.05 (Residential Land Use) of the Kingston PlanningScheme, seeks to provide guidance to development in residential zoned land, mixed use zoned landsand land within activity centres. The Residential Land Use Framework Plan illustrates the range ofhousing outcomes sought across the City of Kingston. The MSS seeks to promote medium densityhousing in locations better suited to accommodating housing change, and to moderate the rate andtype of housing change in other locations. The Residential Land Use Framework Plan identifies therange of housing outcomes sought across the City.

The subject site can be said to fall within two (2) specific categories of preferred residentialdevelopment, these being, Large Residential Opportunity Sites and Incremental housing ChangeAreas. However, it should be noted, the Residential Land Use Framework Plan of Clause 21.05 doesnot identify the subject site as a “Residential Opportunity Site.” This is discussed in more detailbelow in this report.

Incremental Housing Change Area: The type of housing change anticipated in these areaswill take the form of extensions to existing houses, new single dwellings or the equivalent ofnew two dwelling developments on average sized lots. The existing single dwellingcharacter of these areas is to be retained.


Objective 1: To provide a wide range of housing types across the municipality toincrease housing diversity and cater for the changing needs of current and futurepopulations, taking account of the differential capacity of local areas in Kingston toaccommodate different types and rates of housing change.

Objective 2: To ensure new residential development respects neighbourhood characterand is site responsive, and that medium density dwellings are of the highest designquality.



Objective 5: To manage the interface between residential development and adjoining ornearby sensitive / strategic land uses.


Objective 7: To ensure all residential neighbourhoods in Kingston are provided withsupporting social infrastructure adequate to the population’s needs.

Objective 8: To recognise and respond to special housing needs within the community.Relevant strategies to achieve these objectives (as relevant to this application) include:

Key strategies to achieve the above objectives (as relevant to this application) are as follows:

Encourage residential development within activity centres via shop-top housing andmixed use developments, and on transitional sites at the periphery of activity centres.

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The intensity and scale of such development will need to be in keeping with the scale ofthese centres.

Support innovative residential infill development on former industrial sites adjacent toestablished residential areas, and on other mixed use or traditionally non-residential siteswhere appropriate.

Promote a range of lot sizes and housing types, including medium density housing, onlarge residential opportunity sites, particularly where such sites have good access topublic transport and other facilities.

Ensure development plans are prepared and implemented for all large residentialopportunity sites to address the provision of a diversity of housing opportunities and toensure that other site and contextual issues are addressed.

Promote lower density housing in established suburban areas that do not have directaccess to activity/transport nodes and “encourage” only incremental change in housingdensity (incremental housing change areas). Such areas will retain their predominantlysingle dwelling character and incremental change will occur in the form of singledwellings or the equivalent of dual occupancy developments on average sized lots.

Promote new residential development which is of a high standard, responds to the localcontext and positively contributes to the character and identity of the localneighbourhood.

Promote new residential development which provides a high standard of amenity andquality of life for future occupants.

Improve landscape character by accommodating appropriate landscaping within newresidential developments.

Ensure that the planning, design, siting and construction of new residential developmentresponds to best practice environmental design guidelines for energy efficiency, wasteand recycling, and stormwater management.

Promote medium density housing development in close proximity to public transportfacilities, particularly train stations.

Ensure that where medium and higher density residential areas are proposed adjacent tolower density residential areas, the design of such development takes proper account ofits potential amenity impacts.

Ensure that the siting and design of new residential development is consistent withUrban Stormwater Best Practice Environmental Management Guidelines.

Ensure that new residential development contributes to the maintenance and upgradingof local drainage infrastructure as required, where such new development will impact onthe capacity of such infrastructure.

Manage development on land that is identified as being liable to flooding. Require the provision of car parking to satisfy the anticipated demand having regard to

average car ownership levels in the area, the environmental capacity of the local streetnetwork and the proximity of public transport and nearby on and off street car parking.

Ensure that all new medium density housing provides adequate private open space that isappropriately landscaped.

Ensure that large residential opportunity sites provide contributions towards the creationand/or enhancement of public open space within, or in reasonable proximity to, suchsites.

Support opportunities for the innovative provision of housing specific to housing needsnot well catered for in the mainstream housing market such as aged accommodation andhousing for low income groups.

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Support the provision of affordable housing, including low cost rental accommodation,particularly in areas designated for increased housing diversity.

As noted above, it is considered that the subject site can be categorised as being a LargeResidential Opportunity Site. While not specifically, identified as same within theResidential Land Use Framework Plan at Clause 21.05 of the Kingston Planning Scheme, itis considered that given the unique size and location of the subject site (i.e. 40,608m2 parcelof land in close proximity to a Principal Activity Centre – Westfield Southland ShoppingCentre) it is considered that the subject site should have been included as a LargeResidential Opportunity Site as part of the Residential Land Use Framework Plan.Therefore, due consideration should be given to this section of Clause 21.05 – ResidentialLand Use of the Kingston Planning Scheme.

It is acknowledged by the applicant and Council Officers that the proposed developmentclearly does not satisfy the intention of the Incremental Housing Change Area as describedabove with regard to dwelling density on average sized lots. However, it is the opinion ofCouncil Planning Officers, that a variation to the policy directions of Clause 21.05, withspecific regard to the Incremental Change Area, is appropriate in this instance in order toachieve the broader State Planning Policy Framework policies of urban consolidation,housing diversity and housing the anticipated population growth within Kingston andMelbourne as a whole. Further, while it is considered that the dwelling density policydirections are not met by the proposed development, it is considered that the remainingpolicy directions of Clause 21.05 – Residential Land Use of the Kingston Planning Scheme(as relevant to this application) have been adequately addressed and satisfied by theproposal.

As noted above, while the site is not specifically identified as a Large ResidentialOpportunity Site, the subject site possesses the characteristics of a site which lends itself toredevelopment at a greater density than the immediately surrounding area. Thesecharacteristic include the following:

The overall size of the subject site being 40,608m2 or 4.06 hectares; The regular shape of the subject site; The extensive frontage of the subject site to Cavanagh Street being 159.57 metres; The site’s location with respect to the only Principal Activity Centre within the City of

Kingston (i.e. Westfield Southland Shopping Centre located approximately 850 metresto the south- west of the subject site);

The subject’s site close proximity to a range of community facilities and servicesincluding:

o Local shops located approximately 150 metres to the south of the subject sitealong Cavanagh Street and approximately 350 metres to the north-west of the subjectsite along Bernard Street;o Local primary and secondary schools;o Public open space and recreational facilities such as Waves Leisure Centrelocated approximately 850 metre to the north-west of the subject site or LePage Parklocated approximately 100 metres to the south-east of the subject site; o Public transport including bus services which operate along Cavanagh Street(directly in front of the site) and along Bernard Street and Cheltenham and HighettRailway Stations accessible via bus.

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The subject site is also located in close proximity to significant arterial roads in NepeanHighway to the west of the subject site and Warrigal Road to the east of the subject sitewhich form part of the City of Kingston’s major arterial road network; and

The subject site is located within an established residential area.

Therefore, having regard to the abovementioned characteristics, it is considered appropriatethat the subject site can be treated as a Large Residential Opportunity Site as describedwithin Clause 21.05 – Residential Land Use of the Kingston Planning Scheme.

Having justified that the subject site can be treated as a Large Residential Opportunity Site,it is important to provide a response to the dwelling density of the proposed development,with specific regard to the Incremental Change Area policy directions. The type of housingchange anticipated in these areas will take the form of extensions to existing houses, newsingle dwellings or the equivalent of new two dwelling developments on average sized lotswith the existing single dwelling character of these areas is to be retained. The proposal isclearly contrary to this policy direction. The following can be said in response to this area ofnon-compliance with the Incremental Change Area:

As previously noted, the subject site is located within and established residentialneighbourhood and is currently vacant of any residential dwellings;

A variety of dwelling types, sizes, lot configurations and densities can already be foundsurrounding the subject site;

With particular regard to dwelling density, the proposal seeks to provide a dwellingdensity of 1 dwelling per 195.23m2;

As a comparison, the adjoining site to the south of the subject site known as No. 94-96Cavanagh Street, Cheltenham, is developed for thirty-five (35) dwellings on an overallsite area of approximately 6,500m2 and therefore providing a dwelling density ofapproximately 1 dwelling per 185.71m2;

Based on the abovementioned dwelling density of the adjoining lot to the south of thesubject site, the subject site would indeed be able to accommodate 218 dwellings.

Therefore, the dwelling density proposed on the subject site is actually in excess of thatdensity which is already found in the surrounding neighbourhood and indeed found directlyabutting the subject site. This alone does not quantify the dwelling density of the proposeddevelopment, however, having consideration to those densities already found within theimmediately surrounding area, as well as, the unique opportunity that the subject siteprovides given its size, frontage and location, it is considered that a variation to the dwellingdensity guidelines of the Incremental Change Area is appropriate in this instance.

Furthermore, it is considered that the proposed development is generally consistent with therelevant policy objectives and strategies of Clause 21.05 – Residential Land Use of theKingston Planning Scheme as outlined above. The proposal seeks to provide a variety ofaccommodation types in the form of two (2) and three (3) bedrooms dwellings within a two(2) or three (3) storey attached or semi-detached built form. The proposal creates anadequate standard of amenity for the future occupants of each dwelling, as well as foroccupants of existing dwellings directly adjoining the subject site and in the immediate area.Therefore it is considered that the proposal adequately satisfies the relevant policy directionsand strategies of Clause 21.05 – Residential Land Use of the Kingston Planning Scheme.

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CLAUSE 22.11 – RESIDENTIAL DEVELOPMENT POLICY

This policy builds upon the policy objectives and strategies found at Clause 21.05 –Residential Land Use of the Kingston Planning Scheme. As previously outlined, it isconsidered that the proposal with regard to dwelling density is appropriate and has beenadequately discussed above. Therefore, rather than re-justify the proposal with regards to theIncremental Housing Change Area, this section will specifically respond to the generalpolicy objectives and strategies of neighbourhood character, site landscaping, built form, carparking and vehicle access and stormwater requirements.

The policy objectives of Clause 22.11 – Residential Development Policy of the KingstonPlanning Scheme (as relevant to this application) are as follows:

To promote a managed approach to housing change, taking account of the differentialcapacity of local areas in Kingston to accommodate increased housing diversity,incremental housing change, residential renewal or minimal housing change, asidentified within the MSS;

To encourage new residential development to achieve architectural and urban designoutcomes that positively respond to neighbourhood character having particular regard tothat identified in the Kingston Neighbourhood Character Guidelines – August 2007;

To promote on-site car parking which is adequate to meet the anticipated needs of futureresidents;

To ensure that landscaping and trees remain a major element in the appearance andcharacter of the municipality’s residential environments;

To limit the amount and impact of increased stormwater runoff on local drainagesystems; and

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

Key strategies to achieve the above objectives (as relevant to this application) are as follows:

Neighbourhood character Apply the Kingston Neighbourhood Character Guidelines – August 2007 in the

consideration and assessment of local neighbourhood character in Kingston; Ensure that new development is responsive to the character elements identified in the

Kingston Neighbourhood Character Guidelines – August 2007, particularly thoseidentified as making a major or critical contribution to neighbourhood character; and

Encourage all new residential development to respond positively and creatively toneighbourhood character. Unless a preferred character is specified, the existing characteris that which is to be considered.

Site landscaping Encourage the retention of existing semi-mature and mature canopy trees wherever

possible; and Unless significant existing vegetation is to be incorporated as part of a redevelopment,

encourage the planting of semi-mature canopy trees with spreading crowns in frontsetbacks and open space areas, with at least one semi-mature tree with a spreadingcanopy provided in the front setback area.

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Built form, siting and scale of development Encourage the two storey component of new medium density housing to be located

towards the front of a site; Ensure that two storey dwellings are designed to respond to the character of the local

neighbourhood; Ensure that any upper storey components towards the rear of sites are sensitively

designed to avoid unreasonable adverse amenity impacts on neighbours; Encourage well articulated and graduated elevations in order to avoid ‘box-like’ double

storey designs, thus reducing visual bulk; Ensure that the siting of new buildings respects the amenity of adjoining neighbours

with regard to rear yards and garden outlooks from habitable living room windows; Ensure that the design and layout of new dwellings incorporate features which minimise

overlooking of adjacent properties; and Address potential overlooking through site layout planning as well as individual

dwelling planning.

Car parking and vehicle access Ensure that adequate on-site car parking is provided to meet the needs of future residents

and visitors and sited to reduce its impact on the streetscape. Performance measuresinclude:

o Locating garages or carports at the rear of dwellings fronting a street whereverpossible. o Ensuring that where garages are located in the street elevation, they are set backa greater distance than the front wall of the building. o Ensuring that garages and carports are sited so that a tandem car parking spacecan be provided in front of the garage or carport. o Incorporating garages and carports within the main roof line of the dwelling.

Stormwater run-off mitigation and quality management Ensure that new residential development limits the impact of increased stormwater run-

off on drainage systems. On-site infiltration should be maximised by: o Wherever possible, using unpaved landscape areas or porous paving. o Where appropriate, constructing on-site stormwater detention with delayedrelease into the stormwater drainage system. o Designing to limit the impervious area. o Incorporating on-site water re-cycling systems for stormwater run-off. o Directing stormwater run-off into garden areas to reduce watering and thedemand on drainage infrastructure.

In summary, it is considered that the proposal is generally consistent with theabovementioned objectives and strategies of Council’s Local Planning Policy Framework.Importantly, the proposal delivers on specific objectives relating to the development of alarge residential opportunity sites which seek to encourage well-designed medium densityhousing in appropriate locations, as well as, providing diversity in housing choice to assist inmeeting the anticipated future population forecasts. The proposal is consistent with theexisting and emerging neighbourhood character, provides significant opportunities forlandscaping of the site, provides a variety in built form, provides suitable vehicle and

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pedestrian access and car parking within the site and subject to suitable conditions willprovide an improvement in the existing stormwater management of the site.


CLAUSE 32.06 – RESIDENTIAL 3 ZONE

It is considered that the proposed development satisfies the purpose of the zone. TheSchedule to the Residential 3 Zone specifies variations to three standards of Clause 55(ResCode), namely:

Standard B8 – Site Coverage: The local variation is nominated as a maximum of fifty(50%) percent. The proposed site coverage for the development is thirty-five (35%) and istherefore consistent with the requirements to the Residential 3 Zone Schedule.


A number of the dwellings proposed dwellings within the overall development do not satisfythe minimum private open space requirements as per the Schedule to the Residential 3 Zone.Generally all dwellings located along the site’s north (side), south (side), east (rear) and west(Cavanagh Street) property boundaries are compliant with the dimension and arearequirements of this Standard. The following dwellings within the proposed development donot comply with the minimum private open space requirements of this Standard with regardto dimension and / or overall size (m2) of private open space:

Dwellings nominated as H2, H3 and H5 located along the site’s east (rear) propertyboundary towards the north-east corner of the site do not comply with the minimum size(m2) or dimension requirements of this Standard. These dwellings are generally providedwith a minimum of 35m2 to the rear of these dwellings with a minimum dimension of 4metres. These dwellings are also provided with additional private open space within thefront setback area of each dwelling;

Dwelling H4, H6, H7 and H8 located along the site’s east (rear) property boundarytowards the north-east corner of the site do not comply with the minimum dimensionrequirements of this Standard. However, these dwellings are provided with minimumdimensions of between 4.2 metres and 4.9 metres in minimum width;

All Type B dwellings located through the middle section of the site facing the north(side) or south (side) property boundaries do not comply with the minimum size (m2) ordimension requirements of this Standard. These dwellings are generally provided withapproximately 24m2 at the rear and approximately 18m2 of private open space towardsthe front of each dwelling; and

All Type C and Type D dwellings located within the middle section of the site facing thecentral mews area (public open space) do not comply with the minimum size (m2) ordimension requirements of this Standard. These dwellings are generally provided with

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first floor balconies measuring 8-10m2 in size with a small front courtyard generallymeasuring approximately 10m2 in size.

Approximately one-hundred and fifty-seven (157) dwellings of the proposal do not complywith the minimum size (m2) or dimension requirements of this Standard. However, theapplicant is seeking a variation to the minimum requirements of private open space asrequired by this Standard. The following can be said in response to the developments non-compliance with the requirements of this Standard:

The subject site represents a unique opportunity to provide high quality infilldevelopment with a variety of dwelling types and sizes suitable for accommodatingfamilies, couples and singles within an established residential area which provides thenecessary community services and facilities required by current and future residents;

Dwellings are provided with a variety of private open space areas in the form of groundfloor backyards / deck areas / courtyards and first floor private balconies;

The design of Type B dwellings located through the middle section of the site facingeither the site’s north (side) or south (side) property boundaries have the ability to usetheir respective double carports as additional parcels of private open space. These areasare under cover and could potentially be used as part of social gathering by futureresidents. If these areas were included within the private open space calculation of thesedwellings, they would generally meet the private open space requirements of thisStandard;

The Type C and Type D dwellings proposed through the middle section of the sitefacing the central mews (communal public open space) are provided with large firstfloor balconies accessed from a living room / family room. These balcony areas areconsidered to be similar to the private open space provision generally associated withapartment style dwellings in medium to higher density housing developments. Thesedwellings are provided with direct access and overlook the central mews area of theproposed development;

The proposed development provides a combined total of 3,073m2 of communal publicopen space in the form of a central mews area in between the Type C and Type Ddwellings. The central communal public open space is a minimum of 10 metres in widthand approximately 198 metres in length in is designed to supplement the private openspace areas provided to each individual dwelling. All Type C and Type D dwellings willhave direct access from their front yards to this communal open space, as well as, alltheir respective balconies overlooking the central open space. Furthermore, futureresidents of all dwellings within the overall development will have access to the publicopen space area as it is proposed to be managed by the body corporate. It is also notedthat the communal public open space will be provided with a playground, street furnitureand barbeque facilities (see attached plan within the appendix of this report) for the useand enjoyment of future residents.

It should be noted that a recommendation to vary the private open space requirements of theSchedule to the Residential 3 Zone has been given significant consideration given thepotential implications of such a decision throughout the municipality. However, CouncilPlanning Officers continue to express the view that the subject site is unique and representsa Large Residential Opportunity Site which is in close proximity to a Principal ActivityCentre (Westfield Southland Shopping Centre), local community facilities and services,primary and secondary schools, local parks and recreational facilities, public transport,

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major arterial roads and local employment. Therefore, given the exceptional circumstancesof the subject site, it is considered that a variation to the private open space requirements ofthe Schedule to the Residential 3 Zone is considered appropriate in this instance only.

Therefore, it is generally considered that a variation to the requirements of this Standardshould be granted in this instance.


The proposed front fences along the site’s Cavanagh Street property frontage are to be lowin height and of an open style to respect the surrounding neighbourhood character of theareas. Full details of the proposed front fences have not been provided, however, it isconsidered that a low front fence for those properties which front Cavanagh Street isappropriate. A condition requiring the applicant to provide full details of all front fencethroughout the proposed development including height, type, colours and materials shouldbe included in any permit issued. A condition to this effect has been included in therecommendation below.


No overlay provisions apply to the subject site.


CLAUSE 55 (RESCODE ASSESSMENT)

The proposal has been assessed against the objectives and standards of Clause 55 (ResCode)of the Kingston Planning Scheme (refer to attachment A). It is considered that thedevelopment largely satisfies the requirements of ResCode and is a well-designeddevelopment. The following section provides a response to relevant policy guidelines or aresponse to any non-compliance with the various requirements of Clause 55 (ResCode) ofthe Kingston Planning Scheme:

Standard B2 – Residential Development Policy: As previously discussed, it isconsidered that the proposal complies with the relevant policy directions and strategiesof the State and Local Planning Policy Framework. Where direct compliance has notbeen achieved, suitable justification has been provided above in this report. Please referto Clause 21.05 – Residential Land Use and Clause 22.11 – Residential DevelopmentPolicy for further discussion on compliance with Council’s Local Planning PolicyFramework.

Standard B4 – Infrastructure: As noted previously in this report, the application wasreferred to Council’s Development Engineers for comment, who advised of no objectionto the proposed development subject to the inclusion of suitable conditions being placedon any permit issued. These conditions have been included as part of Council Officersrecommendation below.

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Standard B6 – Street Setback: This Standard requires new dwellings be set back theaverage of existing buildings on adjoining properties or 9 metres, whichever is lesser. Inthis instance the adjoining dwelling to the north of the subject site is setbackapproximately 10.98 metres from the site’s Cavanagh Street property frontage while theadjoining dwelling to the south of the subject site is set back approximately 7.9 metresfrom the site’s Cavanagh Street property frontage. This provides for an average setbackof 9.44 metres. Therefore, given the requirements of this Standard, new dwellings on thesubject site are required to be set back a minimum of 9 metres. The proposed dwellingswhich front Cavanagh Street are provided with a front setback of between 6 metres and7 metres. Therefore, the applicant has sought a variation to the front setbackrequirements of this Standard.

While Council Officers consider that a variation to the front setback is acceptable havingregard to the design response of the overall development and the variation in setbacks ofdwellings along Cavanagh Street. However, it is considered that the proposed setback ofbetween 6 metres and 7 metres for dwellings fronting Cavanagh Street is not appropriatein this instance. A front setback of between 7 metres and 8 metres is considered moreappropriate and more in keeping with the existing setbacks of the surrounding area.Therefore, it is considered that a suitable condition requiring all dwellings frontingCavanagh Street to be set back one (1) metre further east from the site’s Cavanagh Streetproperty frontage. This condition should also require that the dwelling layout be retainedso as to continue to provide a variation in front setback to Cavanagh Street. Thiscondition has been included as part of Council Officers recommendation below.

Standard B7 – Building Height: The Residential 3 Zone requires that the maximumbuilding height of a dwelling or residential building must not exceed 9 metres, unless theslope of the natural ground level at any cross-section wider than 8 metre of the site of thebuilding is 2.5 degrees or more, in which case the maximum height must not exceed 10metres.

Given the history of the site with regards to excavation and filling, the natural groundlevel of the subject site is difficult to ascertain. However, by using the spot levelsprovided by the applicant of the ground level of adjoining properties along eachboundary of the site, as well as, the known slope of the site (and surrounding site) in awest to east direction, Council Officers are confident that the slope of the originalnatural ground level of the subject site exceeded a 2.5 degrees at any cross-section wherewider than 8 metres where a building is proposed.

Regardless of the above, all dwellings within the proposed development do not exceed amaximum height of 9 metres from the finished ground level of the site. Although, it isnoted that the proposed three (3) storey dwellings located through the middle of thesubject site are provided with roof mounted solar panels for energy efficiencyrequirements. The said solar panels increase the overall height of these dwellings up toapproximately 10 metres.

However, Clause 72 – General Terms of the Kingston Planning Scheme definesBuilding Height as “the vertical distance from natural ground level to the roof or parapetat any point.” As such this does not include services normal to a dwelling such as solarpanels, air conditioning units or other devices (satellite dishes etc). Furthermore, Clause62.02-2 – Buildings and Works Not Requiring a Permit Unless Specifically Required by

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the Planning Scheme of the Kingston Planning Scheme states that domestic servicesnormal to a dwelling or solar energy facility attached to a building that primarilyservices the land on which it is situated do not require planning approval. As such, it isconsidered that the proposed solar panel (and any other services normal to a dwelling)are able to be mounted above the roof of each dwelling without impacting on the overallheight of the dwellings.

Therefore, given the above, it is considered that the proposed development adequatelycomplies with the maximum building height requirements of Standard B7 and theResidential 3 Zone. Nevertheless, it is considered that a condition should be placedrequiring that all dwellings not exceed a maximum height of 9 metres. This conditionhas been included as part of Council Officers recommendation below.

Standard B13 – Landscaping: As noted previously in this report, the application wasreferred to Council’s Vegetation Management Officers for comment, who advised of noobjection to the proposed development subject to the inclusion of suitable conditionsbeing placed on any permit issued. These conditions have been included as part ofCouncil Officers recommendation below.

Standard B14 – Access: This Standard requires that the Standards of Clause 56 must beconsidered where a development is provided with accessways longer than 60 metres orserving 16 or more dwellings. The additional Standards to be considered includeStandard C15 – Walking and Cycling Network Objectives, Standard C17 –Neighbourhood Street Network Objective, Standard C18 – Walking and CyclingNetwork Detail Objectives, Standard C20 – Neighbourhood Street Network DetailObjective and Standard C21 – Lot Access Objective. The requirements of theseStandards should be met, however, the Responsible Authority is able to consider analternative design solution if it is satisfied that it meets the objective.

It is noted that given the size of the site compared to a large scale subdivision of aGreenfield site, a number of Standards can not be met given their broad neighbourhoodrequirements. Furthermore, where appropriate it is considered that the proposal generallymeets the design requirements of the abovementioned Standards. However, where theseStandards are not met, it is considered that appropriate alternative design solutions havebeen adopted and / or suitable conditions are included as part of Council Officersrecommendation below.

Standard B28 – Private Open Space: As discussed previously in this report above, theprivate open space provided for each dwelling, combined with the proposed communalprivate open space is considered appropriate and therefore a variation to therequirements of this Standard is appropriate in this instance. Please refer above forfurther discussion with regard to private open space.

Standard B29 – Solar Access to Open Space: A number of dwellings within theproposed development are provided with secluded private open space which is southfacing and do not comply with the solar access objectives of this Standard. This is adirect result of the orientation of the site and the design of the proposed developmentand the site layout constraints. However, while these dwellings are provided with southfacing private open space, they will continue to receive some morning and afternoon

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solar access. Further, as noted in the private open space section of this report, adequatecommunal public open space has been provided within the proposed development whichachieves good solar access and is likely to be used by many of the future residents of thedevelopment for recreational and entertainment purposes.

Therefore, despite a number of dwelling not achieving optimal solar access, it isconsidered that a variation to the requirements of tis Standard is appropriate and that alldwelling will be provided with suitable solar access, be it in the form of private or publicopen space areas.

Clause 52.36: Integrated Public Transport Planning: Relevant to this application, theintention of this Clause, amongst other things, is to ensure development supports publictransport usage and to ensure that development incorporates safe, attractive and convenientpedestrian access to public transport stops.

Pursuant to this Clause, an application of sixty (60) or more dwellings must be referred tothe Director of Public Transport, who advised of no objection to the proposal subject to theinclusion of suitable conditions on any permit issued. This condition has been included aspart of Council Officers recommendation below.

12.6 Other Policy Considerations

ENVIRONMENTAL CONSIDERATIONS

The general policy guidelines and directions found at Clause 13.03-1 – Use ofContaminated and Potentially Contaminated Land of the Kingston Planning Scheme shouldbe applied to the subject site and proposed development given the (industrial) land usehistory of the subject site and the environmental implications of allowing a sensitive use(residential development) to occur on the subject site.

Clause 13.03-1 refers to the State Environment Protection Policy (Prevention andManagement of Contamination of Land). The Planning and Environment Act 1987 requiresresponsible authorities and VCAT to have regarded to State Environment Protection Policy,as appropriate. As such, other SEPPs can also be relevant to the assessment of risks posedby former landfills. These are addressed further below. Clause 13.03-1 also refers to Ministerial Direction No. 1 – Potentially Contaminated Land.In addition, the Planning Practice Note – Potentially Contaminated Land (June 2005) iscommonly applied by VCAT in approaching the management of potentially contaminatedland. It adopts a ‘risk based’ approach to the assessment of potentially contaminated land.Table 1 of that document suggests landfill sites are likely to have a ‘high’ potential forcontamination. The assessment matrix at Table 2 suggests that for sensitive uses, ‘high’ risksites should require an environmental audit.

The Ministerial Direction No. 1 applies to rezoning applications. It is the basis of therequirements in the Environmental Audit Overlay. It requires that before a sensitive usecommences or before the construction or carrying out of buildings and works in associationwith a sensitive use commences one of the following must occur:

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A certificate of environmental audit must be issued for the land in accordance with PartIXD of the Environment Protection Act 1970; or

An environmental auditor appointed under the Environment Protection Act 1970 mustmake a statement in accordance with Part IXD of that Act that the environmentalconditions of the land are suitable for the sensitive use.

Environmental Protection Authority (EPA) Victoria: Given the known history of thesubject site, the application was referred to EPA Victoria for consideration and comment on25th August, 2010. A formal response was received on 10th September, 2010 which raised anumber of aspects that Council should consider before making a decision on the application.The EPA have since advised that this referral response this correspondence is based arounda general ‘standard response’ letter which is sent to Responsible Authorities when dealingwith residential development on ex-landfill sites. While not specifically consenting orobjecting to the proposed development of the subject site, EPA Victoria advised (on page 2of this letter) that Council should not approve the proposed development until it determinesthe suitability of the subject site based on an environmental audit undertaken under Section53X of the Environment Protection Act 1970.

A copy of the referral response by the EPA was forwarded to the applicant who dulyresponded to Council and the EPA on 11th October, 2010. Subsequently, further discussionsbetween the applicant, Council Officer’s and Colin McIntosh of EPA Victoria have resultedin a second letter being provided by EPA Victoria which supersedes the correspondence of10th September, 2010. The following comments were provided by EPA Victoria in theirrevised correspondence dated 29th November, 2010:

The EPA response (dated 10th September, 2010) was based on a standard responseprovided in regard to developments near of on old or current landfill sites;

The intention of that advice (dated 10th September, 2010) is consistent with the messagecontained in the Department of Sustainability and Environment’s General Practice Note,Potentially Contaminated Land, dated June 2005:

o Generally an environmental audit should be provided as early as possible in theplanning process. This may not always be possible or reasonable and requiring anenvironmental audit as a Condition of the planning permit may be acceptable if theResponsible Authority is satisfied that the level of contamination will not prevent theuse of the site.

Although this information was not evident in the planning application forwarded toEPA, there have been two prior audits conducted at the site providing a good level ofinformation regarding the environmental condition of the site and the potential, subjectto conditions, of forms of residential development on the site;

I understand that a third audit is currently being undertaken and indicative conditionsthat the auditor considers may be necessary for the new development to proceed havebeen communicated to the City of Kingston in a letter dated 25th November, 2010;

Ultimately it is for the Responsible Authority to determine wether a Planning Permitshould be granted and what conditions it may contain.

As a result of the additional correspondence from EPA Victoria as well as discussions anddocumentation provided by the applicant, it is considered that Council is now in a positionwhere it can make an informed decision on the application, taking into consideration all therelevant environmental requirements of EPA Victoria and the Kingston planning Scheme.

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Therefore, subject to the inclusion of certain not negotiable conditions (discussed in moredetail below), it is considered that the Council can make a decision on the planningapplication before it.

Current / Previous Environmental Audits: As noted previously in this report, two (2)previous Environmental Audits have been conducted for the subject site. The first of whichoccurred in 1994 and the second of which was conducted in 1998. In both instances, theappointed Environmental Auditor issued a Statement of Environmental Audit subject tocertain requirements being carried out. However, in both instances, the EnvironmentalAuditor refused to issue a Certificate of Environmental Audit as the site was contaminatedor potentially contaminated and would be detrimental or potentially detrimental to beneficialuse of the land at the site. It is noted that the requirements of the Kingston Planning Schemerequire that either a Statement of Environmental Audit or a Certificate of EnvironmentalAudit can be issued for any site.

Nevertheless, the applicant is taking a cautious approach and in process of conducting athird Environmental Audit for the subject site. The current Environmental Audit will takeinto consideration all current legislation and policy directions as well as best practicetechniques, methodology and implementation, particularly with regard to soil compaction,dwelling construction and gas mitigation. All recommendations of this Environmental Auditwill be required to be adequately addressed and taken into consideration as part of the finalconstruction plans for the proposed development. A not negotiable conditions requiring theapplicant to comply with any / all conditions / requirements as set out in the EnvironmentalAudit / Statement of Environmental Audit / Certificate of Environmental Audit has beenincluded as part of Council Officer’s recommendation below in this report.

Further, Mr. Phil Sinclair (Environmental Auditor appointed pursuant to the EnvironmentProtection Act 1970) of Coffey Environments states the following in his correspondencedated 25th November, 2010 (copy attached at the appendix to this report):

A likely finding of the audit is that the site (and conditions at the site are) suitable formedium density residential use in accordance with a specific development plan andrange of physical and institutional measures being implemented. There is also likely tobe a finding that the site is suitable for public open space use, although that is not aproposed use and no management measures have been contemplated at this stage forsuch a scenario.

The key conditions in any Statement of Environmental Audit that would be issued for asite such as this, are expected to include:o Ensuring that the Construction Management Plan is implements; by having the

auditor checking works are compliant with the plan during construction. Regularreporting to the EPA and the Kingston would occur during that time.

o Conducting landfill gas (LFG) monitoring post-audit; nominally until the end ofconstruction; currently anticipated to be December, 2012.

o The cessation of LFG monitoring would be by completion of a Section 53V auditunder the Environment Protection Act 1970 which concludes that the mitigationmeasures implemented were installed as required, are operating as designed andhave not changed the risk to on-site or off-site land users.

o An on-going Environmental Management Plan would be referenced that includedmeasures to maintain the surface levels on the site, mandate there be no breach of

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slabs or gas resistant membranes, set out LFG monitoring requirements (shouldthese be required beyond December, 2012), assign responsibilities, address theresponse to the relatively limited soil contamination issues applying to the site; suchas the occasional occurrence of asbestos-containing materials.

o Reference to the existence of the institutional controls, such as a Section 173Agreement or any Restrictive Covenant on title, easement or equivalent and theirpurposes.

o That any more sensitive use than the proposed medium density use in accordancewith the specified plans would require another environmental audit to confirm thesite’s suitability for that use (and that such a use did not impact detrimentally onany existing adjacent use of land).

As required by EPA guidance to auditors, I must consult with the planning authority onthe conditions of any Statement of Environmental Audit for a site. I state that it is myintention to so consult with Kingston and this letter forms one step in that consultationprocess.

Based on the above advice (please refer to appendix for full details of Mr. Sinclair’scorrespondence) it is considered that the subject to compliance with any / all of therecommendations and / or conditions set out in the anticipated Statement of EnvironmentalAudit, the subject site is suitable for the proposed residential development land use outcome.

Other Policy Related to Contamination and Land Fill Gas: In response to the migrationof landfill gas at the Brookland Greens Estate, the EPA has recently revised its Best PracticeEnvironmental Management Publication 788. Publication 788.1 (Siting, Design, OperationAnd Rehabilitation Of Landfills) now notes that landfill gas has potential to migrate for 30years or more. It sets out guidance for proposals which encroach on recommended landfillbuffers:

Where the proposed development or planning scheme amendment would have the effectof allowing development that encroaches into the recommended landfill buffer area orincreases the extent of development within the already encroached buffer area, EPArecommends that the planning or responsible authority require an environmental audit beconducted under Section 53V of the EP Act.

This approach is consistent with the recommendations set out in the EPA’s response to theproposal, except that EPA has recommended a section 53X audit in this instance. As notedpreviously in this report, two (2) previous Environment Audits have been conducted on thesite (one in 1994 and one in 1998). The applicant is currently in the process of preparing athird Environmental Audit for the subject site which it likely to be completed inapproximately March, 2011. However, given the known history of the subject site, it isconsidered appropriate that the abovementioned requirements be included as part ofconditions on any permit issued. A condition to this effect has been included as part ofCouncil Officers recommendation below.

Not negotiable Conditions: It should be noted that the following conditions are consideredfundamental to the granting of any permit. If such conditions are not included on any permitthat issued, it is recommended that Council resolve to refuse to grant approval for theproposal. The conditions to be included are set out below under the heading EnvironmentalManagement, Contamination and Landfill Gas.

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As noted above, these conditions are fundamental to any support for the proposalWithout the assurance of these conditions being placed on any permit issued, CouncilOfficers do not support the proposed development on the subject site.

Environmental Management, Contamination and Landfill Gas

1. Prior to the commencement of this use and before the construction or carrying out ofbuildings or works in association with this use and / or development the applicant /owner must provide to the Responsible Authority one of the following:

a. A certificate of environmental audit must be issued for the land in accordancewith Part IXD of the Environment Protection Act 1970, or

b. An environmental auditor appointed under the Environment Protection Act1970 must make a statement in accordance with Part IXD of that Act that theenvironmental conditions of the land are suitable for the sensitive use.

Two (2) copies of the certificate of environmental audit and / or statement, completeaudit report and audit area plan must be submitted to the Responsible Authority prior tothe commencement of construction

2. The development, buildings and works allowed by this permit must strictly comply withthe directions and conditions of the certificate or statement of environmental audit issuedfor the land.

3. The owner / developer of the land must provide a copy of the Certificate ofEnvironmental Audit or Statement of Environmental Audit to any future purchaser ofthe site / dwellings / future lots.

4. Prior to commencement of development the permit holder must, at its own cost, enterinto an agreement under section 173 of the Planning and Environment Act 1987 toprovide for the following:

a. establishment of an appropriately funded company or, in the event ofsubdivision, the establishment of an owner’s corporation to co-ordinate and beresponsible for the management, maintenance and repair of dwellings, public areasand infrastructure to ensure that throughout the life of the development and use ofthe development:

ii) landfill gas risk can be appropriately managed for each dwelling;

iii) public areas, common infrastructure and roads can be properly maintainedand repaired;

iv) remedial works (including but not limited to works required to maintain ormodify vents or gas drainage infrastructure, or to address any subsidence) can beproperly co-ordinated and carried out;

to the satisfaction of a suitably qualified environmental auditor accredited under PartIXD of the Environment Protection Act 1970;

b. implementation of any conditions, requirements or recommendations of asuitably qualified environmental auditor accredited under Part IXD of theEnvironment Protection Act 1970, to ensuring the land remains suitable forresidential use;

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c. ongoing monitoring of landfill gas or other environmental indicators, asrequired by the auditor who issues any certificate or statement under condition 19, oras required by the Environment Protection Authority from time to time;

d. measures to respond to any periodic revision of the auditor’s requirements, atthe discretion of the auditor;

e. deposit of a financial security to ensure compliance with the conditions of thepermit which are intended to survive the subdivision and the requirements of thesection 173 agreement;

f. the owner will acknowledge and agree that:

ii) in the event that the accredited auditor withdraws a certificate or statement ofenvironmental audit the land may no longer be suitable for residential use;

iii) in the event that an accredited environmental auditor revises or amends anycertificate or statement of environmental audit, it will implement and be boundby the auditor’s requirements or recommendations;

iv) the company to be established under sub-paragraph (a) or any future owner’scorporation may carry out its obligations under this Agreement or give effect tothe requirements or advice of an auditor and to levy fees for that purpose asrequired;

v) with the consent of the management company to be established under theagreement, or with the consent of a future owner’s corporation, and uponprovision of reasonable notice, an accredited environmental auditor or personsengaged to give effect to the auditor’s requirements may enter the land (includingany dwelling) at any reasonable time in order to implement the requirements ofthe auditor, or to carry out monitoring or other investigations;

g. the owner also agrees that:

ii) it must not lodge for registration any plan of subdivision of the land so as tocreate any additional lot until such time as the agreement required by condition22 has been registered on title to the subject land; and

iii) any future subdivision of the land must be staged to the satisfaction of theResponsible Authority in consultation with the accredited environmental auditorwhich has issued any current certificate or statement of environmental audit.

The abovementioned conditions have been included as part of the Council Officer’s reportbelow in this report.

GEOTECHNICAL CONSIDERATIONS

As part of the assessment process, the applicant has provided a significant amount ofdocumentation in relation to geotechnical data being compiled as part of the development ofthe subject site. The applicant has commissioned a report by Golder Associates to providegeotechnical advice for the proposed development at No. 98-116 Cavanagh Street,Cheltenham. The report addresses a number of issues, which amongst other things, includes:

Settlement history of the subject site; The impact of settlement on civil works; The need to rework material within one (1) metre of the finished surface level;

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Testing and placement of fill material; The need to surcharge sections of the subject site; A methodology to determine a pavement design and the backfilling of service trenches; The need to ensure that no mature trees or large shrubs are planted within 1-1.5 times

their mature height from adjoining buildings; and The need to re-instate test pits with controlled fill.

The documentation also provides information in relation to works which have beenconducted, works that are currently being conducted and works that should be conducted aspart of the development of the subject site for a medium density residential development.The key issues addressed in the attached Golder Associates documentation are discussed inmore detail below:

Site Geology / Subsurface Conditions: The subject site is provided with a varied sitegeology. This is a result of the excavation (use of the subject site for a sand quarry), aswell as, of the varied types of material used to fill subject site particularly when the sitewas used for the purposes of a rubbish tip. In general terms, the geology of the site isdescribed in three (3) sections within the documentation provided. These include:

o Unit 1 - Fill Material;o Unit 2 – Brighton Group Sands and Gravels; ando Unit 3 – Werribee Formation.

In general terms, Unit 1 – Fill Material consists of loose to medium dense clayey sandsand sandy clays with inclusions of gravel, brick pieces and wood fragments. This soilmaterial was generally found within the excavated / filled areas of the site. Unit 2 –Brighton Groups Sands and Gravels was generally found below the Unit 1 – FillMaterial and are understood to be the main purpose for the quarrying activities on thesubject site. These soils generally consist of dense to very dense sand and clayey sand.Unit 3 – Werribee Formation soils underline the Unit 2 – Brighton Groups Sands andGravels. These soils generally consist of loose to medium dense silty sands and compriseinterbedded layers of cemented sand and gravel. The abovementioned soil categorieswere found at varying depths throughout the subject site depending on the location ofexcavation and fill. Please refer to the attached Golder Associates documentation forfurther details on site geology and the types of soil / material found as part of theinvestigations conducted.

Soil Settlement / Surcharging / Cut and Fill / Re-working of Fill Material: Thedocumentation provides information and advice on soil settlement, surcharging, cut andfill, re-working of fill material, as well as, recommendations on methodology,monitoring and requirements to be met. As part of the assessments conducted, two (2)trial embankments were constructed in order to assess the impact that the imposed loadsthat are likely to occur as part of the civil and structural works on the settlement patternsof the subject site.

In general terms, based on the two (2) trial embankments conducted on the subject sitebetween August, 2010 and September, 2010, it is suggested that:

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o …most of the settlement due to surcharging (or fill grading of the site) typicallyoccurs within a few days with on-going but significantly less settlement thencontinuing.o Should the fill below the trial embankments be representative of the fill acrossthe majority of the site, in the area of deepest quarry backfill we anticipate thesettlements shown in table 1 as a result of the fill works proposed. The settlementsquoted in these tables do not account for variability in the fill material of the landfillor settlement associated with the decay of deleterious landfill content.

The abovementioned figures should only be used as a guide of the settlement anticipatedas part of the civil and structural works to be conducted on the site as part of theproposed development. As noted by Golder Associates, it is anticipated that thesettlement of the land will impact on the scheduling of civil works. Golder Associatesrecommends that:

o …after grading works are completed, spot levels be taken across the fill areaimmediately after the fill is placed and then at regular intervals for a period of one totwo months (depending on settlements observed) to assess for zones of excessivesettlement. o We recommend a period of approximately one month be left between theplacement of fill and the continuation of final civil work (kerbing, pavement wearingcourse, service connections etc), to allow these settlements to occur.

Furthermore, given the varied slope of the subject site, it is proposed to cut and fillsections of the site as appropriate to provide an even graduation in the finished site level.Such a cut and fill allows for the sorting and removal of any impurities from the site,with particular regard to where a cut is required. Impurities such as builders’ rubbleshould be removed from the site with any required imported fill to satisfy the relevantEPA criteria on residential sites. Furthermore, Golder Associates recommend thatmaterial to a depth of not less than one (1) metre below the proposed surface level of thedevelopment be reworked to remove these deleterious materials.

As a result, it is considered that suitable conditions be placed on any permit issued whichrequires the applicant to provide a schedule of civil and structural works to be conductedwhich includes, but is not limited to, details of timing for works, cut and fill operations,type of imported fill to be brought to the site, removal of impurities where a cut isrequired and a monitoring programme for settlement.

Piling of Proposed Structures: In the applicants words, they have proposed to take a“cautious approach” with regard to the structural integrity of the dwellings within theproposed development. As such, it is proposed to secure the structural integrity of the

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dwellings by driving precast concrete piles into the natural ground level below. In someinstances, this will result in some piles being driven twenty (20) metres or more into theground so as to support the dwellings above. It has been advised that the pile will beinstalled by a specialist contractor under a performance based design with andappropriate level of testing. It is considered that the structural integrity of the proposeddevelopment will fall within the jurisdiction of the appointed Licensed BuildingSurveyor who will need to ensure the development adequately satisfies the requirementsof the Building Code of Australia (BAC).

Pavement Design and Construction: Given the geology and the subsurface conditionsof the subject site (as discussed above), the design and construction of all roads andpavements must be able to accommodate variations in soil characteristics. It is not onlythe strength or durability of the pavement but also the movement of soils as a result ofmoisture and settlement that determines the longevity / service life of road pavements.Therefore, it is considered that the design of roads and pavements should not be finaliseduntil adequate sample testing of the sub-grade material has been conducted. This willinfluence both the design and structural integrity of the roads and pavements throughoutthe subject site.

Ground Water / Underground Services: Underground services have a potential toimpact on settlement patterns, particularly in the future. This is due to potential changesin the water table, as well as, service trenches providing a conduit for water to infiltratebeneath floor slabs and pavements. As a result, Golder Associates recommend that:

o Any soft or weak areas (including zones of deleterious material in deepertrenches) exposed during trench excavation should be over excavated and replacedwith select fill of low permeability.

Such a requirement would reduce the potential for future settlement as a result of achange in the water table or a leaking underground service. A condition to this effect hasbeen included in the Council Officer’s recommendation below.

Landscaping: It has been recommended that only suitably sized landscaping beprovided throughout the development as there exists a possibility that large canopy treesand / or other landscaping could adversely affect structures (i.e. buildings / roads /pavements etc) constructed on the site. This is due to the potential drying effect ofmoisture extraction by the plant roots which may result in shrinkage of the fill, in turnaffecting built structures on the site.

Therefore, Council Officer’s recommend that a suitable condition that requireslandscaping of the proposed development be designed to avoid the planting of trees andlarge shrubs adjacent to the buildings within a distance of 1-1.5 times their matureheight. This has been recommended by Golder Associates as a way in which to deal withsuch a concern.

Geotechnical Conditions:

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It is considered that general conditions requiring the applicant to comply, amongst otherthings, with the recommendations and advice provided by Golder Associates in their reportdated 25th November, 2010 allows all the requirements to be contained

1. That a suitably qualified person / organisation be appointed to prepare an auditprogramme to ensure that all recommendations contained with the Golder AssociatesReport: Geotechnical Advice for Proposed Residential Development dated 25th

November, 2010 (Reference No. 107612066-015-R-Rev1) as adequately implement andsatisfied. The report must provide details of amongst other issues, the following:

i. a schedule of civil and structural works to be conducted;

ii. details of timing for works;

iii. cut and fill operations;

iv. type of imported fill to be used;

v. methodology for removal of impurities;

vi. a monitoring programme for settlement; and

2. A copy of the audit programme as required in Condition 1 of this permit is to beprovided to Council prior to any works being constructed on the subject site.

3. The applicant / development must ensure that the appointed suitably qualified person /organisation provides monthly reports to Council indicating the extent of workscompleted on the subject site and that such works have been completed in accordancewith the audit programme.

4. Any works that have not been completed to the satisfaction of the suitably qualifiedperson / organisation shall be rectified to achieve compliance with the audit programmeas required in Condition 1 of this permit.

5. Prior to the commencement of civil works on the subject site, a testing methodology is tobe prepared by a suitably qualified person / organisation to determine the likely level ofsettlements and differential settlement beneath road pavements and services. A copy ofthis report is to be submitted to Council.

6. Prior to the construction of road pavements and services, diagrams for road pavementsand services are to be submitted to Council for approval. The design for road pavementsand services are to be prepared in such a manner that the design life of the roadpavements and services will not be compromised by long term or differential settlement.

For full details and further discussion on the abovementioned elements of the proposal,please see the attached reports and documentation prepared by Gold Associates. A list of theattached documentation is provided below.

The following documents have been included as an appendix attached to the end of thisreport. These documents are provided for additional information with regard to theEnvironmental and Geotechnical Considerations of this application.

i. Environmental Protection Authority (EPA) Victoria letter dated 10th

September, 2010 (reference: 26063);ii. Environmental Protection Authority (EPA) Victoria letter dated 29th

November, 2010 (reference: 26063);

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iii. Environmental Resource Management (ERM) Australia Pty Ltdletter dated 16th November, 2010 (reference: 0119546L01.DOC);iv. Environmental Resource Management (ERM) Australia Pty Ltdletter dated 26th November, 2010 (reference: 0119546L02.DOC);v. Coffey Environments Australia Pty Ltd letter dated 25th November,2010 (reference: ENVIABTF09613AA-L03.docx);vi. Golder Associates Pty Ltd report (Geotechnical Advice for ProposedResidential Development) dated 25th November, 2010 (reference: 107612066-015-R-Rev1);vii. Golder Associates Pty Ltd letter (Pavement Design for InternalPavements) dated 25th November, 2010 (reference: 107612066-017-R-Rev1); andviii. Golder Associates Pty Ltd report (Geotechnical Investigation) dated25th November, 2010 (reference: 107612066-019-R-Rev1).

13.0 RESPONSE AGAINST GROUNDS OF OBJECTIONS

13.1 Amenity based concerns (including overshadowing, overlooking and visual impactconcerns etc);

The proposal is considered to be an appropriate development for the site for the followingreasons:

The proposal adequately satisfies the policy directions and objectives of the KingstonPlanning Scheme including the State Planning Policy Framework and the LocalPlanning Policy Framework;

The site is located within in close proximity to a Principal Activity Centre; The proposed development complies with all height, side and rear setback requirements

of Clause 55 (ResCode) of the Kingston Planning Scheme; Overshadowing by the proposed development is generally contained within the subject

site and the development itself. Further, proposed development is considered to complywith the overshadowing provisions of Clause 55 (ResCode);

Overall the development is consistent with the development provisions of the KingstonPlanning Scheme and is not considered to be an overdevelopment of the site. The proposal,subject to the inclusion of suitable planning conditions should be supported.

13.2 Car parking and Traffic Concerns (including lack of car parking, increase in trafficmovements and safety considerations etc);


The development is considered to provide adequate car parking on site for the futureresidents with regard to the relevant provisions of the Kingston Planning Scheme;

Visitor car parking is anticipated to be accommodated both on site and within theexisting on-street car parking spaces in the immediate vicinity of the subject site;

It is considered that the existing road network will adequately handle any potentialincrease in traffic movements to and from the site and in the immediate vicinity of thesubject site as a result of the proposed development; and

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There are various modes of transportation available for future in the immediate vicinityof the site including public (bus routes along Cavanagh Street and Bernard Street) andprivate forms of transportation (personal vehicle / walking / bicycle).

Overall the development is consistent with the car parking and traffic provisions of theKingston Planning Scheme. The proposal, subject to the inclusion of suitable planningconditions should be supported.

13.3 Overdevelopment of the site (including height, scale, visual bulk and mass,neighbourhood character, drainage concerns etc);


The subject site is considered to be consistent with other Large Residential OpportunitySites with the City of Kingston, regardless of the site not being included as a LargeResidential Opportunity Site as part of the Residential Land Use Framework Plan atClause 21.05 of the Kingston Planning Scheme;

Subject to conditions, the proposal has been provided with setbacks which are siteresponsive and which are consistent with adjoining land uses;

Suitable design features (materials / colours etc / light weight construction / glazing)have been provided in the built form so as to provide a response to the Cavanagh Streetstreetscape and existing and emerging neighbourhood character of the area;

The overall height of the proposal is in accordance with the requirements of Clause 55(ResCode) and the Residential 3 Zone in that it does not exceed a maximum height of10 metres;

The dwelling density of the proposal is in excess of other dwelling densities found in theimmediate vicinity of the subject site; and

Overlooking and overshadowing by the proposal is considered minimal and should notimpact on adjoining sensitive uses.

Overall the development is consistent with the amenity based provisions of the KingstonPlanning Scheme. The proposal, subject to the inclusion of suitable planning conditionsshould be supported.

13.4 Environmental Considerations (including vegetation removal and previousEnvironmental Audits conducted on the site).


The previous Environmental Audits have allowed the subject site to be used forresidential purposes subject to certain conditions and requirements being carried out;

A third Environmental Audit in accordance with current EPA guidelines is in the processof being conducted for the subject site; and

The applicant will be required to provide extensive planting throughout the site as part ofthe recommended landscape conditions requested by Council’s Vegetation ManagementOfficers.

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Overall the development is consistent with the amenity based provisions of the KingstonPlanning Scheme. The proposal, subject to the inclusion of suitable planning conditionsshould be supported.

14.0 CONCLUSION:

14.1 For reasons discussed within this report, it is submitted that the proposal be supportedsubject to the adoption of the recommended permit conditions to ensure that the proposeddevelopment achieves a high quality design, achieves good internal amenity as well asresponding appropriately to the site and its immediate interfaces.

14.2 The proposed development is considered appropriate for the site as evidenced by:


On balance and subject to the inclusion of suitable conditions, the proposal is consideredreasonable and warrants support.


That Council resolve to issue a Notice of Decision to Grant a Permit for the development of this sitefor two-hundred and eight (208) dwellings, subject following conditions:

1. Before the development starts amended plans to the satisfaction of the ResponsibleAuthority must be submitted to and approved by the Responsible Authority. Whenapproved, the plans will be endorsed and will then form part of the permit. The plans mustbe drawn to scale with dimensions and three copies must be provided. The plans must besubstantially in accordance with the plans submitted to Council on 26th July, 2010 and 20th

August, 2010, but modified to show:

a) The provision of an improved landscape plan in accordance with the master plansubmitted by Tract Consultants. The improved landscape plan must incorporate the Cityof Kingston Landscape Plan Checklist, with the following to be addressed:

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

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

3. all existing trees on the site and within three (3) metres to the boundary of the siteon adjoining properties, accurately illustrated to represent actual canopy width and

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labelled with botanical name, height and whether the tree is proposed to be retainedor removed;

4. a range of plant types from ground covers to large shrubs and trees;

5. adequate planting densities (e.g.: plants with a mature width of 1 metre, planted at 1metre intervals);

6. the provision of one (1) suitable medium sized (at maturity) canopy trees within thefront setback of the property, with species chosen to be approved by theResponsible Authority;

7. sustainable lawn areas and plant species taking current water restrictions intoconsideration;

8. all trees provided at a minimum of two (2) metres in height at time of planting;

9. medium to large shrubs to be provided at a minimum pot size of 200mm; and

10. the provision of notes on the landscape plan regarding site preparation, includingthe removal of all weeds, proposed mulch, soil types and thickness, subsoilpreparation and any specific maintenance requirements.

b) the landscape plan required as part of Condition 1 a) above must correlate with theapproved development plans including any changes to road widths / alignments etc;

c) the provision of a notation on the plans stating that the construction of the proposedMaple Street and Jasmine Street connections (vehicle crossings) to Cavanagh Street areto be constructed at the full cost of the developer / applicant to the Satisfaction of theResponsible Authority and in accordance with engineering drawings to be submitted toCouncil Engineers for approval pursuant to Condition 7 of this permit;

d) the provision of a footpath along the site’s Cavanagh Street property frontage with anotation stating that this footpath is to be constructed at the full cost of the developer /applicant to the Satisfaction of the Responsible Authority and in accordance withengineering drawings to be submitted to Council Engineers for approval pursuant toCondition 8 of this permit;

e) the provision of a comprehensive detailed drainage strategy for the proposeddevelopment incorporating Water Sensitive Urban Design Treatments to the satisfactionof the Responsible Authority;

f) the provision of at least a 2000 litre rainwater tank clearly nominated for each dwellingwith water re-use for toilet flushing and irrigating landscaped area;

g) the provision of a 3 metre wide common property / drainage easement betweendwellings H-14 and H-15 for the purposes of a drainage line connection to the existingCouncil drainage outlet;

h) the provision of a notation stating that the applicant / developer is to construct at it’s fullcost, a junction pit at the existing drainage outlet located towards the rear of the subjectsite to Council’s Standard and the plans to show a 2 metre by 2 metre drainageeasement, abutting the site’s rear property boundary located centrally to the junction pitabove and nominated as being in favour of the City of Kingston;

i) all dwellings fronting the site’s Cavanagh Street property frontage required to be setback one (1) metre further east so as to provide a general front setback of between 7

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metres and 8 metres for these dwellings from the site’s Cavanagh Street propertyfrontage;

j) the visitor car parking spaces located along the south side of the proposed Maple Streetremoved, with these visitor car parking spaces reduced in number (approximately 10visitor car parking spaces to be provided) and relocated to the north side of Maple Streetwith one visitor car parking space provided in between the propose vehicle driveways ofdwellings located along the site’s north (side) property boundary;

k) the visitor car parking spaces located along the north side of the proposed Jasmine Streetremoved, with these visitor car parking spaces reduced in number (approximately 10visitor car parking spaces to be provided) and relocated to the south side of JasmineStreet with one visitor car parking space provided in between the propose vehicledriveways of dwellings located along the site’s south (side) property boundary;

l) the proposed Maple Street and Jasmine Street to be widened to a minimum 5.8 metres inwidth in accordance with the requirements of the Metropolitan Fire Brigade conditionsprovided at Condition 17 of this permit;

m) Park Lane and Ivy Lane nominated as been a one-way laneways running in an east towest direction (i.e. from the rear of the subject site to the front of the subject site);

n) any and all proposed front fences located within the proposed development nominated asnot exceeding 1.2 metres in height;

o) the provision of an elevation of any and all front fences proposed within thedevelopment including details of height, type, colours and materials of construction;

p) the door of each garage nominated as a panel lift door, or similar;

q) the provision of a notation on the plans stating that the proposed internal road network isto be constructed to Council standards;

r) all dwellings must not exceed a maximum height of 9 metres at any point;

s) the first floor windows of all dwellings facing the site’s north (side), south (side) andeast (rear) property boundaries nominated as being provided with screening to aminimum 1.7 metre above their respective first floor finished floor level to preventoverlooking to adjoining and surrounding properties;

t) any modifications required by the approved Environmentally Sustainable Development(ESD) report required as part of Condition 19 of this Permit; and

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


Environmental Management, Contamination and Landfill Gas Conditions

3. Prior to the commencement of this use and before the construction or carrying out ofbuildings or works in association with this use and / or development the applicant / ownermust provide to the Responsible Authority one of the following:

a) A certificate of environmental audit must be issued for the land in accordance withPart IXD of the Environment Protection Act 1970, or

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b) An environmental auditor appointed under the Environment Protection Act 1970must make a statement in accordance with Part IXD of that Act that the environmentalconditions of the land are suitable for the sensitive use.

Two (2) copies of the certificate of environmental audit and / or statement, complete auditreport and audit area plan must be submitted to the Responsible Authority prior to thecommencement of construction

4. The development, buildings and works allowed by this permit must strictly comply with thedirections and conditions of the certificate or statement of environmental audit issued for theland.

5. The owner / developer of the land must provide a copy of the Certificate of EnvironmentalAudit or Statement of Environmental Audit to any future purchaser of the site / dwellings /future lots.

6. Prior to commencement of development hereby permitted, the permit holder must, at its owncost, enter into an agreement under section 173 of the Planning and Environment Act 1987to provide for the following:

a) establishment of an appropriately funded company or, in the event of subdivision,the establishment of an owner's corporation to co-ordinate and be responsible for themanagement, maintenance and repair of dwellings, public areas and infrastructure toensure that throughout the life of the development and use of the development:

1. landfill gas risk can be appropriately managed for each dwelling;

2. public areas, common infrastructure and roads can be properly maintained andrepaired;

3. remedial works (including but not limited to works required to maintain or modifyvents or gas drainage infrastructure, or to address any subsidence) can be properlyco-ordinated and carried out;

to the satisfaction of a suitably qualified environmental auditor accredited under PartIXD of the Environment Protection Act 1970;

b) implementation of any conditions, requirements or recommendations of a suitablyqualified environmental auditor accredited under Part IXD of the EnvironmentProtection Act 1970, to ensuring the land remains suitable for residential use;

c) ongoing monitoring of landfill gas or other environmental indicators, as required bythe auditor who issues any certificate or statement under condition 19, or as required bythe Environment Protection Authority from time to time;

d) measures to respond to any periodic revision of the auditor's requirements, at thediscretion of the auditor;

e) deposit of a financial security to ensure compliance with the conditions of the permitwhich are intended to survive the subdivision and the requirements of the section 173agreement;

f) the owner will acknowledge and agree that:

i. in the event that the accredited auditor withdraws a certificate or statement ofenvironmental audit the land may no longer be suitable for residential use;

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ii. in the event that an accredited environmental auditor revises or amends anycertificate or statement of environmental audit, it will implement and be bound bythe auditor's requirements or recommendations;

iii. the company to be established under sub-paragraph (a) or any future owner'scorporation may carry out its obligations under this Agreement or give effect to therequirements or advice of an auditor and to levy fees for that purpose as required;

iv. with the consent of the management company to be established under theagreement, or with the consent of a future owner's corporation, and upon provisionof reasonable notice, an accredited environmental auditor or persons engaged togive effect to the auditor's requirements may enter the land (including anydwelling) at any reasonable time in order to implement the requirements of theauditor, or to carry out monitoring or other investigations;

g) the owner also agrees that:

i. it must not lodge for registration any plan of subdivision of the land so as to createany additional lot until such time as the agreement required by condition 22 hasbeen registered on title to the subject land; and

ii. any future subdivision of the land must be staged to the satisfaction of theResponsible Authority in consultation with the accredited environmental auditorwhich has issued any current certificate or statement of environmental audit.

7. Prior to Detail engineering drawings are to be submitted to Council for approval by CouncilEngineers for the following works:

a) Drainage;

b) Road intersections; and

c) Footpath and vehicle crossings.

8. Prior to the occupation of the dwellings, the footpath along the site’s Cavanagh Streetproperty frontage is to be constructed at the full cost of the developer/ applicant to theSatisfaction of the Responsible Authority and in accordance with engineering drawings to besubmitted to Council Engineers for approval.

9. Prior to the commencement of the construction of any pavements within the subject site,pavement designs shall be prepared and submitted to the responsible Authority for approval.

10. Pavement designs are to be based on the results of laboratory testing to be conducted onceearthworks have been undertaken and are to be based on a forty (40) year design traffic life.

11. A suitably qualified person / organisation is to be appointed to prepare an audit programmeto ensure that all recommendations contained with the Golder Associates Report:Geotechnical Advice for Proposed Residential Development dated 25th November, 2010(Reference No. 107612066-015-R-Rev1) as adequately implement and satisfied. The reportmust provide details of amongst other issues, the following:

i. a schedule of civil and structural works to be conducted;

ii. details of timing for works;

iii. cut and fill operations;

iv. type of imported fill to be used;

v. methodology for removal of impurities;

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vi. a monitoring programme for settlement; and

12. A copy of the audit programme as required in Condition 11 of this permit must be providedto Council prior to any works being constructed on the subject site.

13. The owner / developer must ensure that the appointed suitably qualified person /organisation provides monthly reports to Council indicating the extent of works completedon the subject site and that such works have been completed in accordance with the auditprogramme.

14. Any works that have not been completed to the satisfaction of the suitably qualified person /organisation must be rectified to achieve compliance with the audit programme as requiredin Condition 11 of this permit.

15. Prior to the commencement of any civil works on the subject site, a testing methodologymust be prepared by a suitably qualified person / organisation to determine the likely levelof settlements and differential settlement beneath road pavements and services with a copyof this report to be submitted to Council.

16. Prior to the construction of road pavements and services, diagrams for road pavements andservices are to be submitted to Council for approval. The design for road pavements andservices are to be prepared in such a manner that the design life of the road pavements andservices will not be compromised by long term or differential settlement.

17. Conditions Required by Metropolitan Fire Brigade:

1. The minimum width of the access roads serving the estate shall be:

1. 3.5 metres in width where no parking is permitted within that roadway;

2. 5.8 metres in width where parking is to be permitted along one (1) side of theroadway; and

3. 8.1 metres in width where parking is to be permitted along both sides of theroadway.

2. That water main configuration and fire hydrant locations within theestate comply with the following requirements:

i. 120 metre intervals on residential streets and at each intersection.

18. Conditions Required by the Director of Public Transport:

a) The permit holder must ensure that public transport infrastructure in Cavanagh Street isnot altered without the consent of the Director of Public Transport or damaged. Anydamage or alteration to public transport infrastructure must be rectified to thesatisfaction of the Director of Public Transport at the full cost of the permit holder.

19. Prior to the endorsement of the Plans required pursuant to Condition 1 of this permit, theprovision of an ESD report to be prepared by a suitably qualified professional and must besubmitted to and approved by the Responsible Authority. When approved, the plan will beendorsed as evidence of its approval and will then form part of the Permit and shallthereafter be complied with. The ESD report must include, but is not limited to, detailinginitiatives for stormwater harvesting, insulation, day lighting, collective rainwater tanksand / or individual rainwater tanks, public and private landscape irrigation and car washing,energy efficient concepts, glazing and internal ventilation and the like.

20. Before the commencement of any buildings and works on the Land, a ConstructionManagement Plan (CMP), to the satisfaction of the Responsible Authority, must be

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submitted to and approved by the Responsible Authority. When approved, the plan will beendorsed as evidence of its approval and will then form part of the permit and shallthereafter be complied with. The CMP must specify and deal with, but not limited to, thefollowing:

n) a detailed schedule of works which includes full project timing;

o) traffic management details including when or whether any access points would berequired to be blocked;

p) the location for the parking of all construction vehicles and construction workervehicles during construction;

q) delivery of materials including details of where materials will be stored and howconcrete pours would be managed

r) proposed traffic management signage for Cavanagh Street / Bernard Street / FriendshipSquare (if required) indicating any inconvenience generated by construction;

s) fully detailed plan indicating where construction hoardings would be located and asrelevant the associated approvals required;

t) times for loading/unloading of materials;

u) containment of waste on site;

v) suppression of dust management;

w) business operations on the site during construction;

x) site security;

y) public safety measures; and

z) construction times, noise and vibration controls.

21. Before the commencement of any buildings and works on the Land, a Waste ManagementPlan (WMP) to the satisfaction of the Responsible Authority must be submitted to andapproved by the Responsible Authority. When approved, the plan will be endorsed asevidence of its approval and will then form part of the Permit and thereafter be compliedwith. The WMP must include but is not limited to:

a) The supply of bins for both ‘general waste’ and ‘recyclable waste’ and demonstratinghow the garbage and recycling aspects of the development will operate;

b) The manner in which waste will be stored and collected including: type, size, numberof containers and procedure(s) put in place as to how tenants are required to dispose ofwaste;

c) Spatial provision for on-site storage;

d) Private contractor details; and

e) The size of the collection vehicle and the frequency, time and point of collection.

The WMP must be implemented to the satisfaction of the Responsible Authority. The WMPmust not be modified unless without the written consent of the Responsible Authority.

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

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23. Prior to the occupation of the dwellings hereby permitted, all buildings and works and theconditions of this permit must be complied with, unless with the further prior writtenconsent of the Responsible Authority.

24. Prior to the occupancy of the development the footpath as described in Condition 1c) mustbe constructed at the developer’s cost and maintained in accordance with the plans approvedby the Council. Discussion with Roads and Drains Department is recommended prior to thesubmission of a design. A priced schedule of works within the footpath and the payment ofCouncil’s engineering fees of 3.25% of the cost of works are required to be submitted priorto the approval of the engineering plans.

25. Any subdivision plan must create the easements / common property as described inConditions 1 g) and 1 h) of this permit.




29. Stormwater outflow of the site must be limited to ninety (90) litres per second.

30. Prior to the occupation of any dwellings within the development, a Traffic ManagementPlan to the satisfaction of the Responsible Authority must be submitted to and approved bythe Responsible Authority. When approved, the plan will be endorsed and will then formpart of the permit. Three copies of the plan must be submitted. The plan must include but isnot limited to:

a) details of any traffic management measures (speed humps / pedestrian crossings /traffic calming techniques etc) which can be implement along Cavanagh Street /Bernard Street / Friendship Square or the surrounding road network to reduce speedand improve vehicle and pedestrian safety in the vicinity of the subject site.

Representatives of Cheltenham Secondary College, Le Page Primary School and Council’sTraffic Engineering Department must be consulted as part of this plan. The TrafficManagement Plan must be implemented to the satisfaction the Responsible Authority andmust not be modified unless with the further written consent of the Responsible Authority.Any costs associated with the development of the Traffic Management Plan or theconstruction of any recommendations which are to implements as a result of the findingsmust be borne by the developer / applicant.

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31. Prior to the occupation of the dwellings hereby permitted, or by such later date as isapproved by the Responsible Authority in writing, the nature strip, kerb and channel, vehiclecrossover and footpath must reinstated to the satisfaction of the Responsible Authority.


33. Construction times must be in accordance with the relevant requirements noise of theEnvironment Protection Authority and in accordance with the Construction ManagementPlan required as per Condition 20 of this permit.

34. Prior to the occupation of the dwellings hereby permitted, all boundary fences must berepaired and / or replaced as necessary to the satisfaction of the Responsible Authority, atthe cost of the applicant / owner.

35. Prior to the occupation of the dwellings hereby permitted, areas set aside for parkingvehicles, access lanes and paths as shown on the endorsed plans must be:

t. Constructed to the satisfaction of the Responsible Authority.

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

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

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









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

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Note: Footpath network needs to be continuous within the development by proving footpath atleast one side of Maple Street, Jasmine Street, Willow Grove, Wattle Road & Central Park.

Note: Developer should obtain the footpath levels from Council’s Roads & Drains departmentprior to designing the footpath.

Note: Council strongly recommends increasing the overland flow toward the Cavanagh Street tominimise the detention required at the site and preventing flood water entering theneighbouring property, at the rear of the development.

Note: All street names within the proposed development are subject to approval by Council’sProperty Services Department.

Or

Should Council resolve not to support the application, that a Notice of Refusal toGrant a Permit be used on the following grounds:

1. The proposal has an adverse affect on the amenity of the area.

2. The proposal constitutes an overdevelopment of the site.


4. The proposal should not be decided upon until an Environmental Audit have been conductedin accordance with the requirements of the Environment Protection Act 1970.

5. The proposal is inconsistent with Clause 21.05 – Residential Land Use and Clause 22.11 –Residential Development Policy of the Kingston Planning Scheme.

6. The proposal fails to satisfy all of the requirements of Clause 55 of the Kingston PlanningScheme (ResCode), in particular: Clause 55.02-1 Neighbourhood Character Objectives,Clause 55.02-2 Residential Policy Objectives, Clause 55.03-1 Street Setback Objective,Clause 55.03-9 Access Objectives, Clause 55.05-4 Private Open Space Objective, Clause55.05-5 Solar Access to Open Space Objective and Clause 55.06-1 Design Detail Objective

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THE FOLLOWING DOCUMENTS ARE FOUND WITHIN THE APPENDIX OF THISREPORT.

1. Environmental Protection Authority (EPA) Victoria letter dated 10th September, 2010(reference: 26063);

2. Environmental Protection Authority (EPA) Victoria letter dated 29th November, 2010(reference: 26063);

3. Environmental Resource Management (ERM) Australia Pty Ltd letter dated 16th November,2010 (reference: 0119546L01.DOC);

4. Environmental Resource Management (ERM) Australia Pty Ltd letter dated 26th November,2010 (reference: 0119546L02.DOC);

5. Coffey Environments Australia Pty Ltd letter dated 25th November, 2010 (reference:ENVIABTF09613AA-L03.docx);

6. Central Park Diagram prepared by Tract Consultants dated 25th November, 2010;

7. Golder Associates Pty Ltd report (Geotechnical Advice for Proposed Residential Development)dated 25th November, 2010 (reference: 107612066-015-R-Rev1);

8. Golder Associates Pty Ltd letter (Pavement Design for Internal Pavements) dated 25th

November, 2010 (reference: 107612066-017-R-Rev1); and

9. Golder Associates Pty Ltd report (Geotechnical Investigation) dated 25th November, 2010(reference: 107612066-019-R-Rev1).

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1. Environmental Protection Authority (EPA) Victoria letter dated 10th September, 2010(reference: 26063);

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2. Environmental Protection Authority (EPA) Victoria letter dated 29th November, 2010(reference: 26063);

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3. Environmental Resource Management (ERM) Australia Pty Ltd letter dated 16th

November, 2010 (reference: 0119546L01.DOC);

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4. Environmental Resource Management (ERM) Australia Pty Ltd letter dated 26th

November, 2010 (reference: 0119546L02.DOC);

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5. Coffey Environments Australia Pty Ltd letter dated 25th November, 2010 (reference:ENVIABTF09613AA-L03.docx)

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6. Central Park Diagram prepared by Tract Consultants dated 25th November, 2010.

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7. Golder Associates Pty Ltd report (Geotechnical Advice for Proposed ResidentialDevelopment) dated 25th November, 2010 (reference: 107612066-015-R-Rev1).

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8. Golder Associates Pty Ltd letter (Pavement Design for Internal Pavements) dated 25th

November, 2010 (reference: 107612066-017-R-Rev1).

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9. Golder Associates Pty Ltd report (Geotechnical Investigation) dated 25th November, 2010(reference: 107612066-019-R-Rev1).

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M 274 Bradshaw Park Fence Review

Approved by: Tony Rijs, General Manager Environmental Sustainability

Authors: Lee James, Natural Resource Area Supervisor Tony Collins, Team Leader Parks DepartmentMark Juler, Manager Parks and Depot Services

Purpose

To present Council with the results of the Bradshaw Park site review that was undertaken inresponse to concerns about the installation of a new fence and the officer recommendation.

Background

Bradshaw Park is a natural bushland reserve located on the corner of White Street & NepeanHighway., Mordialloc. As part of the adopted 2009/2010 Capital Works program the old 1.8 metrechain mesh fence that surrounded the reserve was removed in January 2010 and replaced with a 1metre high post & rail fence, as the original fence had seriously deteriorated.

Members of Friends of Bradshaw Park (FOBP) and Mordialloc Beaumaris Conservation League(MBCL) were consulted as part of the fence replacement project.

The choice of new fencing style was determined based on suitability for protecting vegetationbalanced against the cost and encouraging greater community involvement in the reserve byrevealing the beauty of the park and providing a more welcoming appeal for locals to enjoy thereserve while still ‘steering’ pedestrians towards the existing paths. Retention of the original fencingstyle gave the impression to the community that the reserve was ‘locked away’ and couldn’t beaccessed.

After the new fence was installed, members of FOBP and MBCL raised concerns of a potentialincrease in litter blowing into the park given the new fence has no mesh as well as potential increasein trampling of vegetation due to the installation of the lower more open fence.

In response to these concerns, Council committed to monitoring the reserve in regard to a potentialincrease in litter blowing into the park and the potential increase in trampling of vegetation. Indiscussion with FOBP & MBCL, Council agreed to review the need for retrofitting mesh to the newfencing.

On 26 July Council considered the following motion from the 5 July 2010 Mentone/ParkdaleVillage Committee meeting:

That the Village Committee strongly requests that Council replace existing fencing atBradshaw Park with standard 1.8 metre black cyclone wire fencing and the Park be declared a dogfree zone.

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Crs West/DundasCouncil is committed to monitoring the reserve in regard to concerns about the new fence. Indiscussion with FOBP, Council will review the need for retrofitting mesh to the new fencing.This review is likely to take place in September or later in the year to ensure sufficient time isallowed for making an informed decision.Upon the completion of the review the Village Committee will be advised of the decision.A letter advising of this recommendation including a copy of the Biosis Report will be sent tothe Village Committee Chair.Carried

On 27 September Council considered the following motion from the 31 August 2010 MordiallocVillage Committee meeting:

That Council, in addition to the current review initiated by Mentone Village Committee, the efficacyof a feral proof fence around the complete perimeter of the park including the railway frontage, bepart of the terms of reference for that review.

Officer Comment:Friends of Bradshaw Park (FOBP) were consulted as part of the fence replacement project.Council is committed to monitoring the reserve in regard to concerns about a potential increase inlitter blowing into the park given the new fence has no mesh. In discussion with FOBP, Council willreview the need for retrofitting mesh to the new fence. This review is likely to take place inSeptember or later in the year to ensure sufficient time is allowed to make an informed decision.Effectiveness of a feral proof fence will be included as part ofthis review.

Crs West/BrownleesUpon the completion of the review, which is to include consideration of feral proof fence, theVillage Committee be advised of the Council’s decision.

Carried

On 29 October an on-site review of the new fence took place that involved Council NaturalResource Area staff (Tony Collins & Lee James), members of FOBP & MBCL, also present weresome members of Mordialloc/Mentone Village Committee and a Ward Councillor (Cr. West).

At this meeting it was resolved to inspect the surrounding fence line to determine if there was asignificant increase in:

Trampling of vegetation due to greater accessibility to the Park. Litter blown into the Park from adjoining Nepean Hwy., or properties.

The meeting toured the reserve and in total found a small plastic bag of litter and confirmed notracks or trampled vegetation. Comments made by members of the groups included concerns aboutdogs entering the reserve and the desire for a dog-free area, concerns about potential stolen plants,concerns about access point near railway reserve and concerns about some concrete debris withinthe reserve.

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All present acknowledged that the vegetation was in good condition. There was no evidence of anincrease in litter through the reserve or an increase in trampling of vegetation as a result of the newfence being installed. The representatives of the community groups attending the tour wanted itnoted they desired retro-fitting of mesh fencing 1.5 metres high to existing posts regardless of thefindings of the review.

On 22 November Council considered the following motion from the 9 November 2010Mentone/Parkdale Village Committee meeting:

Part 1In view of the unsatisfactory fencing around Bradshaw Heathland Reserve (Bradshaw Park), theCommittee requests that Council makes Bradshaw Heathland Park a dog free zone at all times as amatter of urgency.

Part 2That a request be put to the 2011/12 Council Budget process for funding allocation for thereimplementation of secure fencing and spring-loaded gating of Bradshaw Heathland Park.

Crs Dundas/WestThe Village Committee be advised of the Council’s decision when it considers a report at theDecember Council meeting on this matter.Carried

The concept of placing a ‘feral-proof’ fence around the reserve is considered excessive as speciesusing the reserve are largely transient and such a fence would provide questionable protection forsuch a small site (1.9Ha) for a large outlay of community money. This decision has been supportedby advice from Dr. Jeff Yugovic from Biosis Research.

The following is an excerpt from the Dr. Yugovic report : “ a predator proof fence would not beappropriate as there are no fauna within the park that are threatened within the City of Kingston bypredators. Such a fence would also be expensive and unsightly and way beyond anything that existsin Victoria for such a reserve. The fact that there is nothing significant to protect would soonattract adverse attention. Accordingly, I support the Council in not installing such a fence. Itwould seem to me that the new low fence is a visual improvement on the old fence and betterpresents the vegetation to the public”.

Summary and Conclusion

Bradshaw Park’s old 1.8 metre chain mesh fence that surrounded the reserve was removed inJanuary 2010 and replaced with a 1 metre high post & rail fence, as the original fence had seriouslydeteriorated. Following concerns raised about a potential increase in litter blowing into the park aswell as potential increase in trampling of vegetation, Council committed to review the need forretrofitting mesh to this fence with the on-site inspection taking place on 29 October 2010. Thisreview and inspection involved members of the key groups who had raised concerns. Theinspection indicated no significant increase of litter and no evidence of trampling within the reserveas a result of the installation of the new 1 metre high post & rail fence.

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Removal of the new fence and replacing it with a ‘feral-proof’ fence or higher mesh fence aroundthe reserve is considered excessive as species using the reserve are largely transient and such afence would provide questionable protection for a large outlay of community money.

Changing the status of the park from dog on leash to dog free is also considered excessive given thecommunity enjoy the benefits of walking dogs on lead within the park and there is no evidence ofvegetation trampling as a result. Dog owners are required to clean up after their dogs and there is noevidence of vegetation being adversely impacted as a result of nutrient build up from dogdroppings.

Issues

During the tour of Bradshaw Park there was no evidence of an increase in litter or an increase intrampling of vegetation or vegetation being adversely impacted as a result of nutrient build up fromdog droppings.

The representatives of the community groups attending the tour wanted it noted they desired retro-fitting of mesh fencing 1.5 metres high to existing posts regardless of the findings of the review.

Council’s fencing contractor has advised retrofitting mesh to the existing fence is not viable. A costestimate to remove the post & rail fence and replace with a ‘feral-proof’ fence or higher mesh fencewould be in the order of $90k - $120k depending on what option was selected.

At the Councillor Information Session on 4 October 2010 Dr. Jeff Yugovic gave a presentation onrecent habitat hectare data audit work he’d undertaken for Kingston in response to a priority actionwithin the Biodiversity Strategy. He provided an overview of Ecological Vegetation Classes withinKingston and detail on what habitat hectare data is and what was involved in auditing it. The impactof management practices and issues on remnant vegetation were also highlighted. The issue of fencing of Bradshaw Park was raised and discussed. A summary of the key pointsmade by Dr. Yugovic are as follows:

There was evidence to suggest removing the fence has positively impacted some floraspecies through disturbance required for regeneration.

There are no fauna within the park that are threatened within the City of Kingston and needto be protected from feral creatures.

It is not feasible to seek to introduce fauna into small parks such as Bradshaw Park. The new fence was far better visually than the previous fence and is appropriate for the

Park. The park is now more open and allows the public to appreciate the vegetation. Installation of a feral proof fence would be ridiculed by people with environmental

credentials, in fact Kingston would be seen as the laughing stock.

Impacts & issues of installing a feral proof fence at Bradshaw Park are:

significant vegetation removal would be required to allow set back into the park to ensure theangled outcline post extensions do not encroach into neighbouring property

vegetation would need to be cleared either side of the fence to ensure its performance is notcompromised

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it would be unsightly it would be very expensive it would be of little benefit from a habitat protection perspective due to the fauna species

using the reserve and the size of the reserve.

Council officers do not believe there is a requirement to replace the existing fence given the resultof the site inspection. Council staff will continue to monitor the reserve and vegetation as part of thenormal works program on a 3-4 weekly basis to ensure the vegetation is not negatively impacted. Ifany negative impacts or issues are identified they will be responded to.

Options

Option 1: No change to existing post & rail fencing.Council staff will continue to monitor the reserve and vegetation as part of the normal worksprogram on a 3-4 weekly basis to ensure the vegetation is not negatively impacted.

Option 2: Remove the post & rail fence and replace with a ‘feral-proof’ fence.A cost estimate to remove the post & rail fence and replace with a ‘feral-proof’ fence or highermesh fence would be in the order of $90k - $120k depending on what option was selected.

Option 3: Remove the post & rail fence and replace with ARC wire based fencing as used atthe rail crossing near Bradshaw Park.A cost estimate to remove the post & rail fence and replace with ARC wire fence would be in theorder of $90k - $120k. This style of fence uses fixed panels that are not well suited to a sloping site.

Triple Bottom Line Checklist

Environmental – no obvious negative impact on the local vegetation and biodiversity withinBradshaw Park.

Social – The existing fence would continue to enhance the reserve and encourage Kingston’sresidents to utilise this reserve. Reduce public perception that the reserve is ‘locked away.’

Financial – No negative impact on the existing Parks budget. However, there would be anunbudgeted expenditure in the order of $90k - $120k if the fence is removed and replaced.

7. Recommendation

That Council resolve to retain the existing fence and continue to monitor the reserve andvegetation.

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M 275 Draft Kingston Enforcement Protocol Policy


Author: Robyn Horner, Manager Local Laws and Health Services

1. Purpose

This report introduces the draft Kingston Enforcement Protocol Policy which aims to act as anoverarching document detailing the guiding principles for Council’s enforcement activities.

2. Background

It has been some time since Council has formally considered our approach to enforcement oflegislation in balance with our statutory responsibilities. The draft policy has been developed toprovide focus and consistency in the way we undertake enforcement activities within Kingston.

Although legislation details activities and behaviour that are regulated, it often is silent on how thelegislation is to be applied. This requires enforcement agencies and the legal profession to interpretthe “spirit” of the legislation and what it aims to achieve. Some enforcement agencies are verydirect in the application of legislation where powers of discretion exist whilst others are considered“soft” which is sometimes interpreted as not meeting their statutory responsibilities.

Kingston Authorised Officers receive considerable training, direction and support to enable them tointerpret legislation and perform their duties professionally and effectively. Detailed operationalprocedures often exist in our compliance departments that ensure consistency and to meet statutorycompliance.

Council’s Authorised Officers take an educative approach to the application of legislation. Thisapproach aims to educate the community on statutory responsibilities and the law, enabling personsto understand their responsibilities and providing an opportunity to comply. In saying thisAuthorised Officers and senior management recognise that it is also essential that this is balancedwith an assessment of risk and impact/outcome objectives. It is for this reason that AuthorisedOfficers have the power of discretion as often reflected in legislation as each situation can beunique.

3. Summary and Conclusion

The philosophy strives to maintain a balance between enforcement and education, encouragingcompliance through an informed community. The provision of a formal overarching EnforcementProtocols Policy will provide further guidance for Authorised Officers on the application of law andconfirm that our enforcement approach is consistent with and in line with Councils objectives andCouncil’s legislative responsibilities.

There is no statutory requirement to develop or adopt the draft Policy. This is an initiative aimed todocument Council’s enforcement philosophy and a commitment to providing effective andconsistent enforcement services demonstrating Kingston’s leadership in the field of localgovernment compliance.

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4. Consultation

Internal consultation has been conducted to canvas the value of a guiding enforcement policy andcontent requirements. All compliance departments welcome the development of a guidingdocument to assist them in the application of legislation, investigations and conduct of their duties.Contributions received through the consultation process have been considered and included in thedraft document.

The internal consultation has also resulted in a sense of ownership by all compliance departments ofthe draft Enforcement Protocols Policy.

This policy is premised on Council acting fairly and reasonably. The draft Policy aims to reflectthis approach through a balance of education and enforcement giving consideration to statutoryknowledge, statutory responsibility, the intention of the legislation and risk.

5. Issues

Balancing education and enforcement activities, meeting community expectations (which are oftenpolarised) and meeting Council’s statutory responsibilities is a significant challenge for anyCouncil. In developing the Policy, it is important the Policy acts both as a guiding documentuniting our objectives and delivery approach of statutory enforcement services, whilst recognisingthe powers of discretion of an Authorised Officer. The breadth of legislation enforced by Council isextensive. It is for these reasons that the Policy is not prescriptive in detail.

The policy details levels of enforcement which represent the level of risk to the community,environment, physical asset or general amenity. Examples of non compliance are provided in thedocument to guide the enforcement response of Authorised Officers. For example, for low riskoffences there is no need to proceed directly to a prosecution unless it is an action of a repeatoffender for which an educative approach has not been effective and their continued actions arehaving/or likely to have a negative impact on the community, community safety, environment,physical asset or general amenity.

The draft Policy takes into consideration the Charter of Human Rights and the effect of the Charteron enforcement activities. It further details that Council will take a “Best Practice” approach to thedevelopment of new Local Laws to ensure a thorough considered process is undertaken.

6. Options

Adoption of the document will provide ownership of the policy by Council and Officers andformally confirm that the policy identifies agreed enforcement protocols and philosophy. This willprovide a quality set of standards against which our performance can be measured.

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7 Triple Bottom Line Checklist

Environmental –The draft Policy will provide guidance to Authorised Officers to undertaketheir duties giving consideration to the impact of legislative non compliance on theenvironment and encourage enforcement actions to promote environmental protection.

Social – The draft Policy gives consideration to the Charter of Human Rights. The draftPolicy provides guidance to Authorised officers to undertake their duties giving considerationto the impact of their enforcement activities taking the Charter into consideration andprotecting these rights. The draft Policy also aims to ensure enforcement activities areundertaken fairly and consistently contributing to a safe environment for the Kingstoncommunity.

Financial – Council’s Authorised Officers are currently undertaking their roles in line withthe draft Policy therefore adopting the draft Policy should not result in a financial impact onCouncil or the community.

8. Recommendation

That Council resolve to adopt the draft Enforcement Protocols Policy as a formal Council Policy.

Attachments: Enforcement Protocols Policy 09/60187

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M 276 Bald Hill Park, Clarinda – Request for Additional Funding


Author: Steve Perumal, Co-ordinator Park Projects & DesignMark Juler, Manager Parks and Depot Services

1. Purpose

To request that Council consider bringing forward funding to complete a total park refurbishmentproject at Bald Hill Park, Clarinda that encompasses the following key elements:

Construction of a new District-classification playground – consolidating the two existing playspaces currently separated by a roadway into one play space;

Park fence replacement – including a new fence along the Eulinga Road perimeter followingpublic consultation and requests from the Bald Hill Dog Association and fencing at the newplayground (Inverness Street);

Picnic/barbecue area construction at the new playground; Upgrade existing asphalt path system for compliance with accessibility guidelines; deal with

drainage issues and to improve connectivity.

Partial funding for aspects of the overall park refurbishment project will be funded from this year’sbudget. This budget is used for park improvement works in the Clarinda/Clayton South andOakleigh South areas. Over the last three years, approximately 11 parks and reserves in this regionhave been refurbished. Given the amount of work that has been done at parks across this region andbased on the district significance and sheer size of Bald Hill Park, it is proposed to use the majorityof this year’s budget allocation ($89,000) at this site.

In order to obtain maximum impact and to limit disruption at the park, it is proposed that additionalfunding of $60,000 should be committed to this project in the current financial year. To off-set thisadditional expenditure, it is proposed to reduce the level of funding from $90,000 to $30,000 in the2011/12 Financial Year, for this program.

Copies of the landscape concept plans outlining the scope of works at Bald Hill Park are attached.

2. Recommendation

That Council resolve to allocate additional funding of $60,000 to complete a total parkrefurbishment project at Bald Hill Park, in 2010/11 and that this Parks program funding for2011/12 be reduced by $60,000.

Attachments: Bald Hill Park – Path Restoration and Construction park Tree Planting2Bald Hill Park – Park and Playground Refurbishment

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M 277 Delegation of Authority for Chief Executive Officer to approve Contract 10/123 -Mordialloc Creek Maintenance Dredging and associatedDewatering and Disposal works

Approved by: Brian Trower, Team Leader Roads and Drains

Author: Tony Rijs, General Manager Environmental Sustainability

1. Purpose

The purpose of this report is to seek approval for Delegation of Authority for the Chief ExecutiveOfficer of the City of Kingston, to award Contract 10/123 - Mordialloc Creek MaintenanceDredging and associated Dewatering and Disposal works to the successful tenderer.

2. Background

In July 2010 the Kingston City Council invited experienced and resourced contractors to lodgeexpressions of interest to dredge and dispose of material from Mordialloc Creek, Mordialloc.

Subsequently, in November 2010 Council invited tenders for Mordialloc Creek MaintenanceDredging and associated Dewatering and Disposal works.

Two tenders were received and are currently being evaluated by the Roads and Drains team.


The usual process for tender approval consists of reporting to Corporate Leadership Group,Councillor Information Session and Ordinary Council Meeting. As the next Council meeting isscheduled for 7 February 2011, to expedite the tender process for the dredging and associateddewatering and disposal works, approval is sought from Councillor Information Session forDelegation of Authority for the Chief Executive Officer of the City of Kingston, to award Contract10/123.

4. Issues

Implementation of dredging and associated works in Mordialloc Creek, may be delayed should theusual reporting process be adhered to.

The numerous stakeholders, including the high profile Mordialloc Creek Community Group, will bedissatisfied in any delay in works, and could result in unfavourable media attention.

5. Triple Bottom Line Checklist

Environmental – the dredged material, due to its contamination, will require disposal to alandfill, however expediting the removal of such material minimises it being flushed into PortPhillip Bay during any flood events.

Social – the moorings are an integral part of the charm and character of Mordialloc, to whichmany residents have a strong sense of belonging.

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Financial – The extent of works will be dependent on the level of Government funding. Thevalue of the works will most likely be above the Chief Executive Officer’s delegation and onthis basis Council will need to authorise the Chief Executive Officer to award the contract.

6. Recommendation

That the Chief Executive Officer be authorised to award Contract 10/123 - Mordialloc CreekMaintenance Dredging and associated Dewatering and Disposal works. Subject toexpenditure not exceeding Council approved budget and additional external incomeprovided.

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M 278 Contract No 10/130 - Beach Avenue, Mordialloc from Wells Roadto Governor Road - Road Reconstruction – Tender Report

Approved by: Tony Rijs – General Manager Environmental Sustainability

Author: Brian Trower – Team Leader Roads & Drains

Purpose of Report

This report seeks Council’s approval to accept tenders for Contract No 10/130 – Beach AvenueMordialloc – Road Reconstruction. It is proposed that BOAX CONSTRUCTIONS PTY LTD beaccepted as the preferred tenderer for this contract based on their submitted tender of$1,053,266.25.

Background

The road covered by this contract has been identified for replacement as part of council’s standardroad condition survey. The existing guttering and road surface has reached the end of its expectedlife and is due for replacement to maintain a satisfactory road for local residents. Whilst rebuildingthe road, Council is taking the opportunity to improve the underground drainage system alongBeach Avenue Mordialloc from Wells Road to Governor Road.

3. Brief Description of the Work under the Contract

The works involved in this contract includes the reconstruction of Beach Avenue from Wells Roadto Governor Road. Items covered as part of this contract include:

Replacement of all concrete kerbs on both sides of the road Replacement of all concrete vehicle crossings Replacement of the footpath on both sides Asphalt resurfacing of the road Upgrading of street drainage Construction of rain garden

4. Tenders Received

Tenders were advertised in The Age on Saturday 30 October 2010 and closed at 2.00pm onThursday 18 November 2010. Two (2) tenders were received, details of which are set out in theConfidential Attachments.

Project Funding

This project will be funded from Council’s 2010/11 Capital Works Budget.

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6. Evaluation Panel

The tenders were assessed by:

Tony Pell – Senior Construction Engineer,Chang Wuol – Construction Engineer

7. Triple Line Checklist

7.1 Budget/Financial Impact For the subject contract the preferred tenderer represents the best outcome to Council in terms ofvalue for money and level of risk. The submitted price from the preferred contractor is below theDesign Engineer’s estimate.

7.2 Social Impact There will be inconveniences during the works which are typical of a large road reconstructioncontract such as this one. A Special Clauses document was prepared as part of the contractpackage, which outlines a number of requirements set out by Council to stage the works andminimise community disruption as much as possible.

7.3 Environmental ImpactEnvironmental impacts during construction of these works will be minimised due to measures put inplace for controlling stormwater runoff quality, including silt barriers and straw bales

The final outcome of the works will alleviate a significant drainage/flooding issue in the area


The Evaluation Panel has ranked BOAX CONSTRUCTIONS PTY LTD highly for this contract.The panel believes that BOAX CONSTRUCTIONS PTY LTD have demonstrated their ability viatheir tender submission and previous works undertaken for Kingston City Council, to provide thebest overall value for the construction of CONTRACT NO. 10/130 – BEACH AVENUE,MORDIALLOC – ROAD RECONSTRUCTION.

9. Proposed Action

That Council resolve to award CONTRACT NO. 10/130 – BEACH AVENUE, MORDIALLOC –ROAD RECONSTRUCTION on a Lump Sum basis to BOAX CONSTRUCTIONS PTY LTDfor the tendered price of $1,053,266.25 Please refer to the “Confidential Attachment” outliningthe scoring matrix and all other submissions.

AttachmentsAttachments (x2)Confidential Attachments (x 2)

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Attachment 1

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Attachment 2

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10. Community Sustainability Reports

M 279 Four year old Kindergarten demand for 2011

Approved by: Mauro Bolin, General Manager, Community Sustainability

Author: Sharon Bahn, Manager, Family Youth & Children’s Services

1. Purpose

The purpose of this report is to provide an overview of the current unmet demand for four year oldkindergarten in Kingston for 2011 and to seek Council endorsement for a range of actions toaddress the issue.

This report relates to the Council Plan 2009 – 2013: Planned Outcome 3.1 Promoting family andcommunity wellbeing and participation in community life.

Background

2.1 Current demand for 4-year-old kindergarten in Kingston for 2011

The City of Kingston currently has 68 children unallocated on the four year old kindergartencentral enrolment scheme waiting list. 18 vacancies exist across Kingston based sessionalkindergartens with such places mostly at kindergartens on the periphery of the municipality.Nine waiting listed children are non residents and 11 waiting listed children have accepted along day care place but remain on the waiting list for their kinder of first choice. The City ofKingston continues to receive new 2011 kinder enrolments. Therefore there are no sessionalkindergarten places for approximately 41 Kingston children.

Children on the kindergarten enrolment waiting list cluster are in two main areas: Cheltenham- Mentone – Parkdale - Mordialloc area (42) and Edithvale - Aspendale – Chelsea (10). OnFriday, 3 December Officers audited the availability of funded four year old kindergartenplaces in Kingston based long day care centres. Long day care centres in Kingston haveapproximately 35 funded four year old kindergarten places available.

2.2 Complexity of planning for four year old kindergarten

Offers for four-year- old kindergarten commence in August of each year. Historically thistiming has been set to coincide with kindergarten allocation processes of neighbouringmunicipalities. Residents (particularly those in border suburbs) have requested this timing toenable them to more easily make decisions regarding their children’s kindergarten enrolmentoptions.

The kindergarten enrolment process is conducted in conjunction with kindergartencommittees, who make the offers and confirm the places with families. This information isfed back to Kingston staff, who amend the enrolment data base. This offer process takessignificant time, and each time a position is declined a further offer can be made to a child onthe waiting list. The process generally commences mid July and progresses through to endNovember/early December.

2.3 General Background

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City of Kingston owns 21of the 25 sessional kindergarten’s in Kingston. Existingkindergarten leases do not provide the City of Kingston with the capacity to influence thenature of the service delivered and the number of places or sessions offered for four-year-oldkindergarten. Each year kindergarten committees advise City of Kingston’s CentralEnrolment Officer of the number of kindergarten sessions they will offer and the number ofplaces in each session. The Department of Education and Early Childhood Development(DEECD) provides Kindergarten’s with a license to operate up to a maximum number ofchildren, based on the available space both inside and outside of the venue. Not allkindergartens operate to full capacity for a variety of reasons including the mix and profile ofchildren.

For 2011, 59 Kingston kindergarten places have been allocated to non residents (mostly fromBayside and Glen Eira). Residents are given priority over non residents and allocation mostlyoccurs during the 1st round offer. Offering places to non residents is common betweenmunicipalities and usually reflects residents residing in border suburbs or based onemployment or family arrangements/circumstances.

The announcement of COAG’s policy to ensure that all children receive 15 hours ofkindergarten in the year before school entry has resulted in many long day care centresconsidering offering funded four-year old kindergarten as part of their long day care service.It has been very difficult to plan for sessional kindergarten given the lack of clarity regardingthe intention of Long Day Care to increase service provision in the kinder market and theuptake by parents of this option for kindergarten. This model of four year old kindergarten isparticularly attractive to working parents. The additional 5 hours of kindergarten will placefurther pressure on the supply of kinder places.

2011 has seen an increased number (34 in total) of children receiving a second year of fundedkindergarten. This results in fewer children on the kindergarten enrolment waiting list beingoffered places. The DEECD has over recent years eased its process for the approval of afunded second year of kindergarten, which has made it much easier for families and teachersto get approval for children to complete a second year of kindergarten. This is a variable thatis out of control of Council and final information only becomes available late in thekindergarten year, negatively impacting Council’s capacity to respond to any surge indemand.

2.4 Kindergarten Infrastructure

Officers have identified Parkdale Secondary College as a potential development site for acommunity services hub to meet rising demand for early year’s services, particularly inresponse to the increase of kindergarten service hours from 10 hours to 15 hours per weekcommencing 2013.

Construction of this hub is likely to occur in 2013 – 2014.

Enhancement of other early years facilities is being considered to meet the rising demand forearly year’s services as part of the Strategic Community Buildings Review.

3 Summary and Conclusion

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Based on the current number of sessions and places offered by Kingston kindergartens, themunicipality is facing unmet demand in regards to the provision of four year old kindergarten in thelocation of resident’s preference. A number of options are proposed to overcome this shortage forthe 2011 kindergarten year. Planning for the 2012 kindergarten year and beyond is also underway.

Consultation

It is proposed to undertake consultation with impacted families to assist such families accesskindergarten services.

Issue

Kingston kindergartens are facing unmet demand in regards to the provision of the four year oldprogram in the location of resident’s preference. Officers recently met with Kindergartencommittees in the area of highest demand, to encourage them to open places to their full licensedcapacity or modify programs to enable more four year old programs to operate. Council has beenunable to increase the number of available places for four year old kinder and is faced with anundersupply of places for the 2011 year. The DEECD has also indicated an inability to assistCouncil with funding requirements to address the shortfall in available kindergarten places.

4 Options

The following option will assist council address the shortfall in available places for 4 year oldKinder.

1. Inform parents of the availability of places at more remote kindergartens andKingston based Long Day Care Centres.

Implications

Residents may be concerned about the inability to access the kindergarten of theirpreference or one in their local community.

Cost of Kindergarten within Long Day Care is likely to be higher than for sessional. Accessing kindergarten in Long Day Care could be especially costly for those

families not entitled to Child Care Benefit. No cost to Council

2. Open one kindergarten session at Swanpool Avenue Children’s Centre in Chelseato cater for municipal wide demand for four year old kindergarten places.

Implications

Minimal cost to get facility ready for operation (approximately $10,000). The venue isalready licensed by DEECD.

Can operate from term one, 2011 All children on the waiting list would have the offer of a place in a sessional

kindergarten. A kindergarten service provider would need to be confirmed. Parents may be concerned that the places on offer are not close enough to the area they

live. Need to relocate existing Council operated services from the rear of the Swanpool

facility (playgroups).

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3. Place a portable building at Acacia Avenue Kindergarten in Mentone.

Implications

The bulk of 4-year-old kindergarten demand is in the Cheltenham – Mentone – Parkdale– Mordialloc area. Acacia Avenue Mentone is central to this region.

Acacia Avenue Kindergarten is prepared to consider operating this second kindergartenunit on their site.

Residents from Chelsea may be concerned about their inability to access thekindergarten of their preference or one in their local community.

It is likely to cost approximately $100,000 to establish and equip this facility. There is no allocation in the City of Kingston financial plan for this expenditure. DEECD have indicated that their Children’s Capital Program funding is fully expended

for this financial year and therefore there is no capacity to fund this solution. Adding a portable play room to Acacia Avenue Kindergarten will support meeting

kindergarten demand in the region on a temporary basis pending a more permanent solution of thedevelopment of the Parkdale hub.

Unlikely to commence operation from the venue until start of term 2, 2011.

7. Triple Bottom Line Checklist

7.1 Environmental: Not applicable

7.2 Social:

Kindergarten is an important educational opportunity for young children.Kindergarten in the year before school entry plays an important role in the psycho-social development of children and in their readiness to enter formal schooling.

7.3 Financial: There are substantial costs of up to approximately $100,000 associated with theoptions to establish a portable second play room at the Acacia Avenue Mentone site.All other options can be accommodated within existing resources.

8. Recommendation

1. “That Council resolve to support the implementation of options 1, 2 and 3 as required torespond to the shortfall in supply of available kindergarten places.

2. “That consultation be undertaken with families on the waiting list for a 2011 kinder place,to guide implementation of approved options 1 to 3.

3. “Council approve expenditure to support implementation of options one to three as detailed.

4. “Council to continue to seek external State/Federal funding support.”

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11. Organisational Development & Governance Reports

M 280 Expenditure of Ward Funds Schedule

Approved by: Elaine Sowerby, General Manager Organisational Development& Governance

Author: Nicola Wright, Admin Coordinator, OrganisationalDevelopment & Governance

1. PurposeThe purpose of this report is to seek formal Council approval of the expenditure of Wardfunds in accordance with the ‘Expenditure of Ward Funds Policy’.

2. BackgroundThe Council, on 23 March 2009, adopted a revised policy for the expenditure of ward funds.

Each financial year during a Council term, Kingston Councillors are allocated $6,000 in wardfunds for utilisation in accordance with the adopted policy. Part 2 of the policy, whichoutlines the limitations on the expenditure of ward funds, specifies that Councillors maypropose that ward funds be allocated for initiatives that aim to:

“a) assist a recognised community group (including sporting/recreational body,arts/cultural group, charity, youth group, pre-school, playgroup, senior citizensclub, historical society, friendship group, environmental group, traderorganisation or toy library) which provides a service, program or activity used byor of benefit to Kingston residents;

b) assist an individual who is a resident of the City of Kingston to participate in asporting, recreational or cultural activity, or other pursuit of a personaldevelopment nature, or who is in necessitous circumstances;

c) Support an event or activity which will be of benefit or interest to residents of theCity of Kingston;

d) Support the key external themes of enhancement of the physical environment orthe development of community well being, identified in the Council Plan.”

It should be noted that the policy also enables a Ward Councillor to propose that his / herward funds be expended outside of the Councillor’s specific ward, provided that the wardfunds are expended for the benefit of the Kingston community, and that one or more of thecriteria set out above are met.

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The table below lists the Councillor requests for the expenditure of ward funds received sincethe last Ordinary Council Meeting.

Table of Councillor requests:

Councillor Ward Initiative RequestDate

Amount$

Cr Shewan South

Aspendale Gardens CommunityCentre

20th Anniversary Celebrations ofopening of Pre School & Maternal& Child Health Centre

7/12/2010 $500

Recommendation

That Council approve the expenditure of ward funds in accordance with the table ofCouncillor requests.

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M 281 Assembly of Council Record

Approved by: Elaine Sowerby, General Manager Organisational Developmentand Governance

Author: Jason Stubbs, Manager Governance and Performance Planning

1. Purpose

This report provides copies of the Assembly of Council records in line with the LocalGovernment Act amendments which came into effect on 24 September 2010 to supportopenness and transparency of Governance processes.

2. Background

An amendment to the Local Government Act now requires that Assembly of Council recordsare reported to the next possible Council Meeting. This amendment seeks to promoteopenness and transparency of Council decision making.


Attached are the Assembly of Council records completed for the month in the lead up to theCouncil Meeting.

The report is provided in line with the Local Government Act section 80A which requires thatthe record of an assembly must be reported to the next practical ordinary Council meeting andrecorded in the minutes of that meeting.

What are the main things that need to be considered. Discuss any impact of implementingyour proposal and what the costs would be.

4. Issues

The Chief Executive Officer must ensure that a written record is kept of every assembly ofCouncillors. These records must be reported to the next Ordinary Council Meeting

The written record only needs to be a simple document that records- The names of all Councillors and staff at the meeting,- A list of the matters considered,- Any conflict of interest disclosed by a Councillor, and- Whether a Councillor who disclosed a conflict left the room.

A standard Assembly of Council form will generally be used as the record for the purposes ofthe Act. These form the attachment to the report. At times however to avoid duplicationminutes of some meetings may be attached as the record of the Assembly if they include therequired information, including disclosures.

The Act does not require details of a conflict of interest disclosure at an assembly to berecorded.

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4. Proposed Action

That Council notes the contents of this report

Attachments: Assembly of Council forms

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M 282 RS8017 - Tender for the Provision of Recruitment Services

Approved by: Elaine Sowerby, General Manager Organisation Developmentand Governance

Author: Belinda Ayres, Manager People and Culture

1. Purpose

This report details the process and outcomes from the MAV Procurement Tender for theProvision of Recruitment Services and seeks approval from Council to enter into theagreement with the best value tenderers.

2. Background

Services in the scope of this tender are permanent and temporary recruitment of newemployees to Council, provision of contract labour hire and use of agency employees.

This Tender does not include the provision of recruitment advertising services as Councilparticipated in a public tender process undertaken by Strategic Purchasing in January 2010with HMA Blaze appointed to provide these services for Council.

Council has an ongoing requirement concerning recruitment and use of employees across theorganisation to ensure Council services are delivered. Council’s expenditure on the permanentand temporary recruitment of new employees to Council, provision of contract labour hire anduse of agency employees is approximately $1.4 million per financial year. A summary of theagency expenditure is included in Attachment A.

MAV Procurement was appointed to act on behalf of 38 Victorian Councils and 4 regionallibrary corporations to co-ordinate a tender process for the provision of recruitment services.The aim was to obtain best value for money and ensure compliance with State Governmentlegislation. This tender was advertised in The Age on 3rd July 2010 and on Tenderlink on the3rd July 2010 to the closing date of 26 July 2010.

The attached MAV Procurement Recommendation Report (Attachment B) provides details ofthe process undertaken and outcomes achieved through the invitation of public tenders byMAV Procurement. Each tender was evaluated against the published evaluation criteria andgiven a total aggregate score.


The MAV Procurement Recommendation Report (Attachment B) recommends that 35suppliers be accepted to form a panel of preferred providers for recruitment services. The listof suppliers on the panel will ensure Council has access to a full range of suppliers to supplyrecruitment services while maintaining the flexibility to select a supplier representing the bestvalue for money.

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It is recommended that Council approve entering into an agreement with those 35 suppliersselected for the supply of recruitment services for a period of three years, with an option toextend for a further two (2) x one (1) year period.

4. Consultation

Council’s Manager People and Culture has been fully involved in all aspects of theprocurement process including the determination of Council’s requirements and membershipof the tender assessment panel. This has been undertaken in consultation with the ManagerProcurement and Contracts.

Discussion about the panel arrangement with the major users within Council has beenfavourable. Areas consulted include Community Services, Information Services and Finance.

5. Issues

5.1 Opting into the MAV sector tender and annual expenditure on agency personnel

Our expenditure each year for the relevant services is $1.4 million and as such we need toregulate this expenditure through a public tender process to comply with governmentlegislation.

Given that we had to go to public tender it was more efficient to proceed with a number ofagencies rather than go out as an individual Council. This was able to achieve moreefficiencies and a greater mix of suppliers.

The criteria for assessing the tenders was agreed at the beginning by the Tender EvaluationPanel with more weighting given to the qualitative measures a weighting of 5.4% applied toprice. The other criteria of the tender evaluation included corporate social responsibility,experience and previous performance, services offered and contract management.

5.2 Current engagement and use of agency personnel

Council’s use of agency personnel is spread predominantly with one supplier – McArthur’s.The total annual expenditure for the previous 12 months was approximately $834,000. It isnoted, that the Home and Community Care area have an annual spend of approximately$437,000 with this supplier. Home and Community Care have reduced their annualexpenditure of agency staff with this supplier over the past three years from $700,000 perannum.

The Team Leader has advised that this is an optimum level of engagement in use of agencypersonnel given that the type of service is customer driven. Agency expenditure represents5% of the total staffing budget for this work area within an annual staffing budget ofapproximately $8 million.

Over the next 6 months, Council will investigate the use of a brokerage model of engagementfor use of agency personnel. The engagement of a specialist provider this may deliver

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efficiencies for Council both directly and indirectly in the recruitment and administration oftemporary personnel. This will be quantified during the investigation.

5.3 Use of ‘niche’ recruitment providers

It has been identified that potentially there may be some work areas who are currentlyengaging the services of ‘niche’ providers to meet recruitment requirements. These ‘niche’providers are not within the panel of 35 preferred suppliers. There will be a 6 monthtransition period to the preferred supplier panel for the users.

If a service is unable to be delivered through the panel after the 6 month transition period, thelocal work area can negotiate with People and Culture to go outside of the panel of 35suppliers.

6. Options

The preferred option is to proceed with the panel of preferred suppliers nominated in the MAVProcurement Recommendation Report (Attachment B). A 6 month transition period to usethe preferred supplier panel within Council will be implemented.

There are two other options. Firstly, the ‘status quo’ which is not recommended as this willensure non-compliance with government legislation. Secondly, proceeding with a tender asan individual Council, this is not recommended because this will not achieve a best valueoutcome for Council.


Environmental – No environmental impacts have been identified for this service. Social – Acceptance of the panel of preferred suppliers will ensure Council is able to

deliver services to the community. Financial – By aggregating Council’s recruitment requirements with 38 Victorian

Councils and 4 regional library corporations under the MAV Procurement, Council willderive preferential pricing from suppliers on both permanent and use of agencypersonnel.

8. Proposed Action

That Council:

(i) endorse the parties listed in MAV Procurement Recommendation Report be acceptedas suppliers under each category of the MAV Procurement Tender No. RS8017“Provision of Recruitment Services” contract. The total value of the contract isestimated at $4.2 million over 3 years.

(ii) that MAV Procurement advise the selected panel of preferred suppliers to supplyKingston City Council for the period of three years, with two (2) by one (1) yearoptions to extend this contract.

Confidential Attachments: A. Agency Expenditure Report – 12 months to 30 June 2010B MAV Tender Evaluation Report

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M 283 Establishment of Delegated Planning Committee

Approved by: Elaine Sowerby, General Manager Organisational Development andGovernance

Author: Jason Stubbs, Manager Governance and Performance Planning

1. PurposeThis report seeks the establishment of a delegated planning committee to resolve on Statutoryand Strategic Planning matters.

2. BackgroundIn 2010 an increasing trend of more planning applications being heard at Council has seenconsistently long and late Council Meetings. A number of discussions have been held withCouncillors in relation to the establishment of a Planning Committee to reduce the number ofreports at the Ordinary Council meeting. The intent would be to have all the strategic andstatutory planning matters dealt with by the Kingston Planning Committee. It may eventuatethat for statutory timeline/VCAT purposes on occasions a strategic/statutory planning mattermay need to come to the Council meeting. This would only be on an exception basis.

The existing delegations, policies and practices would continue meaning the same types ofreports currently going to the Ordinary Council meeting would now go to the PlanningCommittee. The Meeting Local Law would apply to the running of the Planning Committeemeetings and generally this Committee will meet in the third Wednesday of the month (theweek before the Ordinary Council meeting).

3. Summary and ConclusionThe report recommends the establishment of a Planning Committee to resolve on Strategicand Statutory Planning reports.

The committee would commence in February 2011 with the first meeting on Monday 7February 2011 with subsequent meetings being in the 3rd week of the meeting cycle, usuallyon a Wednesday.

4. ConsultationCouncillors have received reports and undertaken discussion on this matter at CIS duringOctober and November.

5. Issues5.1 Function of the Planning CommitteeThe Planning Committee will receive the reports on Strategic and Statutory Planning matterswhich are currently not done under delegation to officers and go to Council.

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The committee is being established to ensure that Ordinary Council Meetings will not run lateinto the evening and provide more time for debate on some items.

The first Planning Committee meeting is on Monday 7 February 2011 to consider planningrelated matters since the December Council meeting. A second Planning Committee meetingwill be held on Wednesday 23 February to deal with any new matters. There after there willbe one Planning Committee meeting per month held on the Wednesday in the week before theOrdinary Council Meeting.

The Planning Committee will be trialled for 4 cycles to determine its effectiveness at whichtime Council will determine whether any further changes are required.

5.2 Meeting Process

The Planning Committee is a Special Committee of Council and is regulated by CouncilsMeeting Procedure Local Law 7. The specific sections are contained in attachment 2. Thebusiness of the meeting includes Apologies, Declaration of any Conflict of Interest,Designated Items of Business, and any Designated Confidential Items of Business.

The moving of motions and debate conform to the same rules as the Ordinary CouncilMeeting.

6. Options Council has the following options

1. Maintain the Status QuoAll items would continue to proceed to an Ordinary Council meeting for consideration.Meetings would likely continue to finish after 11.00pm, because there is a trend for moreplanning matters to be resolved by Council rather than under delegation to officers.

2. Implement the Planning Committee The implementation of a Planning Committee will reduce the length of time of the currentOrdinary Council meeting as the current process of hearing objectors and applicants prior toresolving on a planning matter adds a significant amount of time to the meeting. While thecombined meetings will still take a similar amount of time, the individual meetings would bemuch shorter. Splitting the meeting will also allow Councillors to reduce the number ofreports they need to resolve on at any one meeting allowing greater preparation time fromreceipt of the agenda to the meeting, and greater debate in the Chamber.

The day of the meeting has been discussed and a separate session to the normal CouncillorInformation Sessions was deemed appropriate to trial. This will generally be the thirdWednesday of the Month (week before the Ordinary Council meeting). Council couldhowever choose an alternative day to that proposed.

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7 Triple Bottom Line Checklist Environmental – nil.Social – splitting the meeting means more community members are likely to stay to the end ofan ordinary meeting. Residents interested only in planning matters can attend the PlanningCommittee meeting, and those with no interest in planning matters will not need to wait,sometimes several hours for the items of interest to be discussed.Financial – officers will be required to work an additional evening to cover the additionalmeeting. There will also be an additional cost associated with Councillor dinner prior to themeeting.

8. RecommendationIn exercise of the powers conferred by sections 86 and 87 of the Local Government Act 1989(the Act) and section 188 of the Planning and Environment Act 1987, Council resolves that:From the date of this resolution, there be established as a committee, the Planning Committee.The purposes of the Committees established by this resolution are those set out in the schedule to

this resolution.The members of the Planning Committee are all CouncillorsThe Committee is required to meet at the intervals specified in the schedule to this resolution. The Committee is required to report to Council at the intervals specified in the schedule to this

resolution.The Chairperson of the Planning Committee will be the Mayor. In the absence of the Mayor the

meeting will elect a temporary Chairperson.A quorum for the Planning Committee is five (5).There be delegated to the Planning Committee the powers discretions and authorities set out in the

attached Instrument of Delegation (the Instrument).The Instrument:comes into force immediately the common seal of Council is affixed to the Instrument; andremains in force until Council determines to vary or revoke it.The powers discretions and authorities conferred on the Planning Committee by the Instrument must

be exercised in accordance with the delegations and limitations set out in the Instrumentand with any guidelines or policies Council may from time to time adopt.

The Instrument be sealed.

Attachments: 1. Instrument of Delegation to Planning Committee and Schedule2. Extracts from Meeting Local Law 7

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City of Kingston CouncilInstrument of Delegation

Planning Committee

City of Kingston Council (Council) delegates to the committee established by resolution ofCouncil passed on 13 December 2010 and known as the "Planning Committee" (theCommittee), the powers, discretions and authorities set out in the Schedule, and declares that:

this Instrument of Delegation is authorised by a resolution of Council passed on 13 December 2010

the delegation comes into force immediately the common seal of Council is affixed to this Instrumentof Delegation;

remains in force until Council resolves to vary or revoke it; and

is to be exercised in accordance with the exceptions, conditions and limitations set out in theSchedule and with the guidelines or policies which Council from time to timeadopts; and

all members of the Committee have voting rights.

Affix Council seal]

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SCHEDULE

Purpose and Delegation

To consider reports on strategic and statutory planning matters and to exercise Council'spowers, discretions and authorities and to perform Council's functions under the Planningand Environment Act 1987 in accordance with relevant policies and guidelines of the Counciland to do all things necessary or convenient to be done for or in connection with the exerciseand performance those powers, discretions, authorities and functions.

Meeting Intervals

The Committee is to meet at intervals as specified by Council at the Statutory Meeting eachyear, and at other times as determined by the Chief Executive Officer and notified to theCommittee members.

Reporting Requirement

The Committee must report to Council as soon as practicable after each meeting.

Exceptions, conditions and limitations

The Committee is not authorised by this Instrument to exercise the powers which, undersection 86 of the Local Government Act 1989 or section 188 of the Planning andEnvironment Act 1987, cannot be delegated to the Committee.

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Attachment 2 Extracts from Meeting Local Law 7

Notice of Meetings to the Public

13 (1) Notice of the date, time and place of ordinary meetings and special meetings mustbe given by the Chief Executive Officer to the public, by:

(a) notice in a newspaper generally circulating in the municipal district and onCouncil’s website; and

(b) such information posted on the notice board in the foyer of or outside theentrance to the municipal office and on public notice boards at Councillibraries and customer service centres as he or she may decide is reasonableand practicable in the circumstances.

(2) Notice of the time, date and place of meetings of special committees shall begiven to the public by the Chief Executive Officer in the same manner as isrequired under sub-clause (1) for Council meetings, subject to compliance with theAct.

Business at Meetings

16. (1) No business can be dealt with at an ordinary meeting or a special committeemeeting unless:

(a) it is contained in the agenda; or

(b) members who by number constitute a majority of members of the whole theCouncil or special committee (as the case may be) vote in favour of a matterbeing dealt with as urgent business.

(3) The business at a special meeting or a special committee meeting must include:

(a) apologies; and

(b) full disclosures of conflicts of interest; and

(c) designation of items of business; and

(d) designation of items of business as confidential

Advisory and Special Committees

42. (1) The Council may from time to time establish one or more advisorycommittees comprised of Councillors or members of Council's staff or any otherpersons or a combination of persons from any or all of those three categories.

(2) The Council may define the terms of reference for or the roles and responsibilitiesof any advisory committee or special committee which it establishes.

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(3) A meeting of a special committee will have the same obligations as an Ordinarymeeting.

(4) An advisory committee or a special committee will only deal with matters withinthe scope of their terms of reference or their roles and responsibilities.

(5) An advisory committee or a special committee must meet at times and placeswhich the committee determines, unless otherwise directed by the Council.

(6) Subject to the requirements of the Act and this Local Law, the Chief ExecutiveOfficer must arrange for minutes of meetings of advisory or special committeesto be kept and for notice to be given to the public of all meetings of specialcommittees.

(7) Meetings of advisory committees are not open to the public unless in anyparticular instance the Council or an advisory committee otherwise determines.

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12. Corporate Services Reports

M 284 Mooring Issues

Approved by: Paul Franklin – General Manager Corporate Services

Author: Julian Harvey – Manager Property Services Michelle Hawker – Property Services

1. Purpose

The purpose of this report is to seek approval for permit holders to be able to take their boatsout of the water and retain their moorings without any mooring charges for a period of up to12 months then to be reviewed.

2. Background

The planning of dredging activities has commenced with the tender process closing 26November 2010. Property Services has received requests from mooring permit holders forrebates and fee relief due to the increasing difficulty boat owners are having accessing somemoorings at low tide.

Summary and Conclusion

Mooring fees are an essential component of funding for dredging and silt extraction workshowever permit holders are requesting rebates and fee relief due to the poor condition of thecreek which is in some cases causing damage to boats. We are seeking approval to allowpermit holders to take their boats out of the water and retain their mooring for a period of upto 12 months without any mooring charges. This would also enable contractors to have clearaccess to areas for dredging works, when the works occur.

Mordialloc Creek is a marine icon for Kingston’s community and for the south east suburbsof Melbourne. The process which provides access to the moorings must be seen as being anopen transparent and above all a fair process.

Mooring charges at Mordialloc are widely known to be amongst the most reasonably priced inPort Phillip Bay and there are no immediate plans to significantly increase these rates.However, as the management of the Creek improves it will be possible to increase the level offees, particularly in A section total fees for 2009/10 were $241,852. It is expected that asuspension in fees would cost up to $50k based upon 30 owners taking up the offer for a 12month period.

4. Option

1. Allow permit holders to apply for a suspension of their mooring fees on the followingpremise: the boat is currently experiencing drying. the boat owner removes the vessel from the creek.

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the boat owner shall not transfer the right to the mooring to any other person orvessel

2. Refuse to offer any fee relief.

5. RecommendationThat Council resolves to:1. allow permit holders to elect to remove their boats from their allocated mooring and

their fees to be suspended; and2. reserve the mooring allocation for the existing permit holder for a period of 12 months.

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M 285 Contract 09/72 - Provision of Advertising and MediaServices

Approved by: Paul Franklin, General Manager Corporate Services

Author: Julian Harvey, Manager Property Services

1. Purpose

This report details the process and outcomes of tenders for the provision of Advertising andMedia Services and seeks approval to enter an agreement with the best value tender.

2. Background

Council has a requirement to regularly advertise tenders, job vacancies, public notices andpromotional items in metropolitan daily and local newspapers. Council’s expenditure onadvertising and media services is approximately $450,000 (the 2009/2010 spend is detailed inappendix 1) per financial year.

By letter dated 11 February 2009, Strategic Purchasing was appointed Council’s agent for theinvitation of Public Tenders pursuant to Section 186 of the Local Government Act. StrategicPurchasing’s tender was issued on behalf of 19 Councils as the aggregation of requirementswas considered to attract very competitive offers. The contract envisaged is a schedule ofrates contract for a three year period.

Strategic Purchasing advertised tenders on 21 March 2009 and closed the tender on 8 April2009. Six tenders were received as shown in the attached Tender Recommendation Report(Attachment B). Each tender was evaluated against the published evaluation criteria andgiven a total aggregate score as shown in Appendix 3 to the report.

Officers have investigated the Blaze offering and now recommend the offer. Be formallyaccepted


It is considered that the offer from HMA Blaze represents the best value for money outcomeafter the invitation of public tenders. It is recommended that Council approval be granted toenter into an agreement with HMA Blaze for the supply of media and advertising services fora period of two years.

4. Consultation

Prior to the appointment of Strategic Purchasing as Council’s agent, the various areas ofCouncil that place advertisements in the media were surveyed to determine their requirementsand willingness to participate in this approach to the market. All areas approached confirmedtheir agreement with this process.

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Discussions with the major users within Council have elicited a favourable response to theproposed service offered by HMA Blaze, with efficiency gains through on-line access and theuse of Council approved templates to make submission of advertisements easier and providegreater control over formatting. Areas consulted include Communications & Promotions,People & Culture and Community Services.

5. Issues

After the initial evaluation of tenders performed by Strategic purchasing, HMA Blazereceived the top score but was followed closely by four other tenders all scoring within arange of 85.7 to 88.4 out of 100. All tenderers were provided the opportunity to give apresentation to representatives of the Councils involved, to support their tenders and provideclarification of any issues.

The offer from Herald & Weekly Times P/L was passed over as it did not offer advertising inThe Age, which is the preferred media for the majority of display advertising by Council. Allof the remaining tenders offered access to both Fairfax and Herald & Weekly Timespublications.

The five other tenders all offer similar services, such as on-line submission of advertisements,usage of standard Council templates, training and other media production services. Eachtenderer offered a sliding scale of advertising rates based on the individual Council annualspend. As the actual cost of an advertisement is controlled by the publisher, it appeared thatthe choice of media agency would come down to the agency charge and the ability tonegotiate better rates from the publisher on behalf of the Councils.

Based on a standard Kingston tender display advertisement in The Age, agency costs for thefive remaining tenderers are as listed on Attachment A.

Councils were requested to nominate preferred tenderers who were then approached byStrategic Purchasing to nominate discounts that could be achieved based on the aggregatedspend of the Councils. The results of this approach are detailed in Attachment C.

All tenderers approached have now offered to apply the sliding scale of advertising costsbased on the aggregated spend of all Councils, rather than the spend of individual Councils.This will mean that discount rates will be reached much earlier resulting in significantsavings. HMA Blaze has also offered to reduce its agency fee to $33.25 per advertisementand negotiate other savings such as free colour. Although the discount rates now offered byMarketforce are marginally larger, four other Councils have decided to proceed with HMABlaze meaning their discounted rates will apply sooner.

6. Options

The preferred option is to proceed with the tender from HMA Blaze. This tender offers thelowest agency cost and gained the highest weighted aggregate score during evaluation.Although HMA Blaze has not offered the highest discount on advertising prices, the effect of5 Councils aggregating their requirements with this tender will mean that the discounts occurearlier and provide overall better value for money.

None of the other tenderers have offered any benefits commensurate with the additional cost.

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Environmental – No environmental impacts have been identified for this service. Social – Acceptance of the tender from HMA Blaze will allow staff to format and

submit advertisements online directly to the agency, without the need for the productionand approval of proofs as currently occurs. Staff will be offered training in the newprocedure and the use of Council approved templates will ensure consistency of output.

Financial – Council’s current agency rate varies with the size of the advertisement andcosts from $130.60 for a B21 tender display advertisement to $343.90 for size B61. Therecommended agency fee of HMA Blaze at $33.25 per advertisement regardless of sizewill result in savings to Council, as will the advertising discounts applicable throughaggregation of the advertising requirements of several Councils.

8. Proposed Action

That Council:

(i) accept the tender from HMA Blaze for provision of Advertising and Media Serviceson an as required basis for a period of 2 years from the date of acceptance. Theestimated value of the services over the 2 year period is $900,000.

(ii) authorise the Chief Executive Officer or delegate to execute the sub-agreement withHMA Blaze under the terms of the Strategic Purchasing Master Agreement.

Attachments:

Comparison of Agency Costs for a Standard Advertisement – 09/94211Strategic Purchasing Advertising Tender Evaluation Report – 09/91383Strategic Purchasing Advertising Tender Revised Offer – 09/91384Appendix 1 Advertising Expenditure – 10/122427

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M 286 1230 Nepean Highway Cheltenham Lifts Upgrade


Author: Julian Harvey, Manager Property Services

1. PurposeThe purpose of this report is to advise Council on the outcome of a tender undertaken by INGfor the replacement of the lifts at 1230 Nepean Highway and to recommend that Councilconditionally accepts the tender submitted by Thyssen to undertake the work. The conditionprecedent being the approval of the Minister for Local Government to allow the tender andevaluation undertaken by ING to be compliant with the requirements of Section 186 of theLocal Government Act.

2. BackgroundIn mid 2010, ING undertook a tender for the renewal of the lifts at 1230 Nepean highway.Subsequently Council has purchased the building and is now responsible, as previouslyadvised, for undertaking the upgrade. Council is able, under the terms of the Contract of Sale,to engage a contractor from that tender process. The tender was undertaken by CB RichardEllis with the assistance of Integra lift consultants who developed the specification andevaluated the tender response.

The Tender Assessment was carried out in July 2010 and a copy is available for review. Theprices received are in the confidential Attachment to this report:

Integra lift consultants (acting for ING) have recommended that the tender from Thyssen beaccepted as the best offer to fulfil the specified works.

Officers have subsequently engaged Norman Disney Young to review the specifications andthey have advised that it is appropriate and will meet the needs of Council and the need forupgrade is consistent with the Asset Condition Report into 1230 Nepean Highway preparedfor Council by Davis Langdon.

The price from Thyssen was held by as part of the contract of sale. Some discussions onpracticabilities would be required should Council choose to appoint them as was the intentionof ING.

3. Summary and ConclusionA tender process has been undertaken by the vendor of 1230 Nepean Highway. Fourcompanies responded to the tender in good faith. Council as the purchaser should consideraccepting the tender offer with the approval of the Minister for Local Government..

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4. IssuesThe lift industry is dominated by the four companies who submitted tenders. The industry isalso lead time dominated and it is important to schedule works several months beforecommencement. Officers are aware that the preferred contractor is becoming increasinglybusy with modifications and upgrades in 2011.

It is unlikely that Council would receive a better tenders response and the process that hasbeen undertaken by Integra was diligent and fair.

Officers consider that the most efficient and fair outcome for all of the tenderers and Councilis to accept the work undertaken by Integra and the tenderers and request that in thecircumstances of Council now being the owner of the property approval be granted by theMinister to enter into the contract. Normally an agency agreement would be entered intoprior to tendering to enable Council to accept the outcome. The purchase of the building hasbrought about the need for seeking Ministerial consent to ensure that the work to date bybusiness is not wasted.

5. Options1. Retender2. Conditionally accept the tender from Thyssen

6. Recommendation

That Council resolves to accept the tender from Thyssen to upgrade the lifts at 1230 NepeanHighway for the sum of $983,700 subject to approval by the Minister for Local Government.

Attachment:

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M 287 Contract No T11034 – Supply of Electricity for Unmetered Street Lighting(Public Lighting Tender)


Author: Darryn Paspa, Manager Procurement & Contracts

1. PurposeThis report seeks Council approval to accept tenders for the supply of electricity forunmetered street lighting and associated renewable ‘Green Power’ electricity requirements,for a period of four (4) years from 1 January 2011 to 31 December 2014.

2. BackgroundThe current contracts for the supply of unmetered street lighting and associated renewable‘Green Power’ electricity requirements expire on 31 December 2010.

In anticipation of the requirement for a tender process to be undertaken for Council’s ongoingelectricity requirements, Trans Tasman Energy Group (TTEG) was appointed as Council’stendering agent on 12 October 2010, ensuring compliance with the requirements of s186 ofthe Local Government Act (1989). These are similar arrangements to those put in place forthe previous three tender processes for this supply requirement.

TTEG prepared tender documentation on behalf of a group of 13 participating Councils,detailed in the attached Commercial-in-Confidence Evaluation and Analysis Report.

The advertising and receipt of tenders was administered and managed by the City of GreaterGeelong as Lead Council, with the Request for Tender advertised in The Age newspaper onSaturday 23 October 2010. Tenders closed in the City of Greater Geelong’s electronic tenderbox on Thursday 11 November 2010.

Nine companies obtained the tender documentation and tender responses were received fromsix companies. The attached Evaluation and Analysis Report and Individual Analysis for theCity of Kingston (Confidential Attachments A and B to this report) completed by TTEGprovide full details of all tenders received and include:

Tender Overview Summary of Tenders Received Comparison of Offers Conclusions and Recommendations

The cost comparison has been made only on the basis of raw retail energy rates (applied toestimated consumption), metering charges, indicative Renewable Energy target costs andestimated losses. Other costs of supply such as transmission, distribution and regulatorycharges have been excluded from the analysis as they will be the same for all retailers.

The cost comparison was also completed on the basis of the fixed rates on offer, with thesupplier taking all volume and wholesale price movement risk, ensuring that Council will notbe exposed to spot market risk and the energy rates will not be subject to CPI adjustments.

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On the basis of the recommendations provided by TTEG in the Evaluation and AnalysisReport, Letters of Intent (Confidential Attachments C and D to this report) were provided toTTEG notifying of Council’s intentions to purchase the following:

Electricity for unmetered public street lighting from TRUenergy (Period Pricing offer)for a period of four (4) years from 1 January 2011 through to 31 December 2014

Electricity for 10% ‘Green Power’ associated with public street lighting from ArkClimate for a period of four (4) years from1 January 2011 through to 31 December2014

subject to acceptance of the offers by Council at the meeting to be held on 13 December 2010.

Based on current estimates of usage, the total cost for electricity for unmetered public streetlighting from TRUenergy (Period Pricing offer) for a period of four years from 1 January2011 through to 31 December 2014, will be $850,841 (excluding GST and other costs ofsupply such as transmission, distribution and regulatory charges). This represents a saving ofapproximately 19% on the energy rate (excluding network charges) versus current coststhrough the existing electricity supply contract with Simply Energy.

Based on current estimates of usage, the total cost of 10% ‘Green Power’ associated withpublic street lighting from Ark Climate for a period of four (4) years from 1 January 2011through to 31 December 2014, will be $121,169 (excluding GST and other network andregulated charges). This represents a saving of at least 9.5% on current ‘Green Power’ ratesunder the current public lighting contract.

3. Summary and ConclusionWith the expiry of Council’s current contracts for the supply of unmetered street lighting andassociated renewable ‘Green Power’ electricity requirements on 31 December 2010, TTEGwas appointed as Council’s tendering agent and prepared tender documentation for theapplicable requirements on behalf of a final group of 13 participating Councils.

The tender process was administered by the City of Greater Geelong and tenders closed onThursday 11 November 2010.

Following evaluation of the tenders received, TTEG provided recommendations regardingpreferred tenderers in each of the categories and on the basis of these recommendations,Letters of Intent were provided to TTEG notifying of Council’s intentions to purchaseelectricity for unmetered public street lighting from TRUenergy and associated renewable‘Green Power’ from Ark Climate, subject to acceptance of the offers by Council at themeeting to be held on 13 December 2010.

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It is recommended that following the City of Kingston’s review and consideration of thedetailed tender analysis and evaluation that was undertaken by TTEG and recognition of theconsiderable financial savings that will be achieved, Council resolve to accept the tendersfrom TRUenergy and Ark Climate.

4. IssuesRetailers have advised that they may not accept any “subject to” acceptances as a firmcommitment, so there may be a need for final price adjustment at the time of councilacceptance. Whilst TTEG has successfully been able to “hold” rates on this basis in the past,there is no guarantee that the same can be achieved this time around, particularly if there is anunderlying movement in market prices in the ensuing period.

TTEG are able to confirm that the key area of base energy price has been confirmed with thelowest priced tenderers, ensuring that the basis of any rate variation would be clearlyidentifiable.

In addition, the Carbon Pollution Reduction Scheme (CPRS) was highlighted in all of thetender responses received. Should this, or any other scheme, be introduced by theGovernment during the terms of the contracts, all retailers clearly indicated that this wouldresult in additional pass through costs that would need to be factored into Council’s budgetaryprocesses at the appropriate time.

5. OptionsConsideration may be given to a variation in the amount of ‘Green Power’ that may bepurchased (currently agreed at 10%) however any variation from an intent to purchase theagreed amount for the full four (4) year period of the contract must be advised to TTEG andthe vendor prior to execution of a contract agreement.

Should a decision be made to not purchase ‘Green Power’ as an outcome of the current tenderprocess, any future requirement for ‘Green Power’ would not be available at the currenttendered prices and would be subject to a new tender or quotation process at the appropriatetime and would be subject to any subsequent movements in the applicable market price.

If in future the decision to purchase 10% ‘Green Power’ is reviewed and an alternativequantity (including none) is subsequently preferred, it is anticipated that some costs associatedwith contract variation or termination may be incurred and would need to factored into acost/benefit analysis behind any such decision.

6. Triple Bottom Line Checklist6.1 Environmental – Although the purchase of 10% Green Power is at a cost

premium to ‘black’ energy, renewable energy is recognised to provide a significantenvironmental benefit in terms of reduced carbon and greenhouse gas emissions.Green Power is electricity generated from accredited renewable sources and is justas reliable as coal-based electricity but produces no net carbon emissions.

6.2 Social – The outcome of the tender process ensures the ongoing and cost-effectiveprovision of vital public lighting services providing a significant communitybenefit.

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6.3 Financial – This tender process has identified significant financial savings forCouncil versus current contract prices over the anticipated four-year period of thecontracts. The tender process undertaken also ensures Council’s compliance withboth the requirements of s186 and the Best Value Principles within the LocalGovernment Act 1989.

7. Recommendation

That Council resolve to:

(i) Accept the tender for unmetered public street lighting from TRUenergy (Period Pricingoffer) for a period of four (4) years from 1 January 2011 through to 31 December 2014at an estimated total cost of $850,841 (excluding GST and other costs of supply such astransmission, distribution and regulatory charges) based on current usage estimates.

(ii) Accept the tender for 10% ‘Green Power’ associated with public street lighting fromArk Climate for a period of four (4) years from 1 January 2011 through to 31 December2014 at an estimated total cost of $121,169 (excluding GST and other network andregulated charges) based on current usage estimates.

(iii) Authorise the Chief Executive Officer or delegate to execute agreements with therecommended tenderers, including any variation resulting from final price adjustmentsthat may occur.

Attachments:

A. Confidential: Evaluation and Analysis Report – Contract No T11034B. Confidential: Kingston City Council – Individual AnalysisC. Confidential: Letter of Intent – Unmetered Street LightingD. Confidential: Letter of Intent – Green Power

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