ordinary council meeting mi n u t e s · 2012-02-13 · ordinary council meeting mi n u t e s...

ORDINARY COUNCIL MEETING

MM II NN UU TT EE SS

MONDAY, 13 FEBRUARY 2012 AT 7:00PM

Council Chambers 397-405 Springvale Road SPRINGVALE VIC 3171

John J

COUNCIL MEETING MINUTES 13 FEBRUARY 2012

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO 1 ATTENDANCE ....................................................................................... 9012

2 OFFERING OF PRAYER ....................................................................... 9012

3 CONFIRMATION OF MINUTES OF PREVIOUS MEETING .................. 9012

4 ASSEMBLIES OF COUNCIL ................................................................. 9013

5 DISCLOSURES OF INTEREST ............................................................. 9013

6 OFFICERS' REPORTS .......................................................................... 9014

6.1 DOCUMENTS FOR SEALING ....................................................................................... 9014

6.1.1 Documents for Sealing .................................................................................. 9014

6.2 DOCUMENTS FOR TABLING ....................................................................................... 9016

6.2.1 Documents for Tabling .................................................................................. 9016

6.2.2 Petitions and Joint Letters ............................................................................. 9018

6.3 CONTRACTS .................................................................................................................. 9019

6.3.1 Contract No. 1112-21 - Sports Field Lighting & Associated Electrical Services ........................................................................................................ 9019

6.4 TOWN PLANNING .......................................................................................................... 9023

6.4.1 Planning Delegated Decisions Issued – November 2011 ............................ 9023

6.4.2 Planning Delegated Decisions Issued – December 2011 ............................ 9025

6.4.3 Town Planning Application - No.244-246 South Gippsland Highway, Dandenong South (Planning Application No. PLN11/0700) ......................... 9027

6.4.4 Town Planning Application - No. 32 Royal Avenue, Springvale (Planning Application No. PLN11/0378) ........................................................................ 9045

6.4.5 Town Planning Application - No. 171-197 Hammond Road, Dandenong South (Planning Application No. PLN10/0420) ............................................. 9067

6.4.6 Town Planning Application - No. 31 Namur Street, Noble Park (Planning Application No. PLN11/0484) ........................................................................ 9101

6.4.7 Town Planning Application - No. 52-54 Thomas Murrell Crescent, Dandenong South (Planning Application No. PLN11/0539) ......................... 9130

6.4.8 Town Planning Application - No. 59 Wilma Avenue, Dandenong (Planning Application No. PLN10/0688) ........................................................................ 9183


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6.4.9 Town Planning Application - No. 69 & 71 Potter Street, Dandenong (Planning Application No. PLN11/0333) ....................................................... 9211

6.5 FINANCE AND BUDGET ............................................................................................... 9245

6.5.1 Loan Guarantee - Noble Park Football Social Club ...................................... 9245

6.5.2 Organisational Performance Quarterly Report - October to December 20119250

6.5.3 Supplementary Valuation Return .................................................................. 9260

6.6 POLICY AND STRATEGY ............................................................................................. 9263

6.6.1 Sports Pavilion Management Policy ............................................................. 9263

6.7 OTHER ............................................................................................................................ 9268

6.7.1 Report on Matters Discussed at Councillor Briefing Sessions During November and December 2011 .................................................................... 9268

6.7.2 Study Tour of China, Cities of Guangzhou and Taishan – 30 March-9 April 2012 .............................................................................................................. 9274

7 NOTICES OF MOTION .......................................................................... 9278

8 REPORTS FROM COUNCILLORS/DELEGATES & COUNCILLORS' QUESTIONS .......................................................................................... 9279

9 QUESTION TIME - PUBLIC ................................................................... 9285

10 URGENT BUSINESS ............................................................................. 9292

10.1 LETTER UNDER SEAL TO JOHN CRICHTON ............................................................. 9292

10.2 SPRINGVALE RSL INCREASE IN ELECTRONIC GAMING MACHINE NUMBERS ... 9292


Page 9012

1 ATTENDANCE

Apologies Cr Roz Blades Cr Yvonne Herring Cr Jim Memeti Bruce Rendall, Director Engineering Services Councillors Present Cr Youhorn Chea (Chairperson) Cr Peter Brown, Cr Paul Donovan, Cr John Kelly, Cr Angela Long, Cr Maria Sampey, Cr Loi Truong, Cr Pinar Yesil Officers Present John Bennie, Chief Executive Officer; Peter Shelton, Acting Director Development Services; Mark Doubleday, Director Community Services; Mick Jaensch, Director Corporate Services; Dino De Melis, Acting Director Engineering Services 2 OFFERING OF PRAYER

All present remained standing as Iman Sukru Dinlek from the Turkish Islamic Cultural Centre & Mosque a member of the Greater Dandenong Interfaith Network, read the opening prayer:

“O mankind! We created you from a single (pair) of male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise each other.) Verily the most honoured of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things.)” “O ye who believe! Save yourselves and your families from a fire whose fuel is man and stones, over which are (appointed) angels stern (and) severe, who flinch not (from executing) the commends they receive from Allah, but do (precisely) what day are commended.”

3 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held 23 January 2012.

Recommendation That the minutes of the Ordinary Meeting of Council held 23 January 2012 be confirmed.

MINUTE 1075 Moved by: Cr Pinar Yesil Seconded by: Cr Loi Truong That the minutes of the Ordinary Meeting of Council held 23 January 2012 be confirmed.

CARRIED


Page 9013

4 ASSEMBLIES OF COUNCIL

The following assemblies of Council occurred in the period 20 January–9 February 2012: Date Meeting

Type Councillors Attending

Topics Discussed & Disclosures of Conflict of Interest

23/12/11 Councillor Briefing Session

Roz Blades, Peter Brown, Youhorn Chea, Paul Donovan, John Kelly, Angela Long, Jim Memeti, Maria Sampey, Loi Truong

• Municipal Building Project – Design Process • Agenda items for the Council meeting 23

January 2012.

6/02/11 Councillor Briefing Session

Roz Blades, Peter Brown, Youhorn Chea, Paul Donovan, John Kelly, Angela Long, Maria Sampey, Loi Truong, Pinar Yesil

• Drum management report • CIP quarterly update • CIP 2012-13 general briefing • Name That Place – Springvale • Green Wedge review • Property adjacent to the Drum Theatre

(CONFIDENTIAL)

Recommendation That the assemblies of Council listed above be noted. MINUTE 1076 Moved by: Cr Paul Donovan Seconded by: Cr John Kelly That the assemblies of Council listed above be noted.

CARRIED 5 DISCLOSURES OF INTEREST

Cr Kelly disclosed a Conflict of Interest (indirect due to close association) in Item 6.5.1: Loan Guarantee - Noble Park Football Social Club, as Cr Kelly’s son is a contracted player for the Noble Park Football Club. Cr Kelly left the Chamber prior to discussion and voting on this item.


Page 9014

6 OFFICERS' REPORTS

6.1 DOCUMENTS FOR SEALING

6.1.1 Documents for Sealing

File No: A4586 Responsible Officer: Director Corporate Services

Report Summary

Under the Victorian Local Government Act, each Council is a body corporate and a legal entity in its own right. Each Council must therefore have a common seal (like any corporate entity) that is an official sanction of that Council. Sealing a document makes it an official document of Council as a corporate body. Documents that require sealing include agreements, contracts, leases or any other contractual or legally binding document that binds Council to another party.

Recommendation Summary

This report recommends that the listed documents be signed and sealed.


Documents for Sealing (Cont.)

Page 9015

Item Summary

There are 6 (six) items being presented to Council’s meeting of 13 February 2012 for signing and sealing as follows: 1. A Section 173 Agreement of the Planning and Environment Act 1987 between the

City of Greater Dandenong and Ramadan Lumanovski & Usniye Lumanovski for the proposed building over an easement at a property in Wilson Street Dandenong;

2. A Section 173 Agreement of the Planning and Environment Act 1987 between the Greater Dandenong City Council and Owners Corporation1 Plan No. PS631421F for the maintenance of internal drainage including a pump system at a property in Mather Road, Noble Park;

3. A Section 173 Agreement of the Planning and Environment Act 1987 between the Greater Dandenong City Council and Jarryd Bryant Bow to ensure that any future development on the site is constructed in accordance with the approved development permit. at a property in Blaby Street, Noble Park;

4. A Section 173 Agreement of the Planning and Environment Act 1987 between the Greater Dandenong City Council and Open Commercial Developments Pty Ltd pertaining to land at Dandenong Street, Dandenong being part of the Metro 3175 redevelopment land, and a Section 181 application Planning and Environment Act 1987 to enable recording of the Section 173 agreement on title;

5. A section 173 Agreement of the Planning and Environment Act 1987 between the Greater Dandenong City Council and Ragavan Babu and Mudhaliar Dhanalakshmi to address condition 3.2 of Planning Permit No.PLN10/0617 that allowed the subdivision of the land at Sunset Grove, Dandenong into three(3) lots with common property. The agreement requires the development of the land to comply with that as approved under Planning Permit No. PLN09/0726; and

6. A section 173 Agreement of the Planning and Environment Act 1987 between the Greater Dandenong City Council and Zuhdija and Amela Ramic to address condition 3.2 of Planning Permit No.PLN11/0253.01 that allowed the subdivision of the land at Clement, Dandenong into two(2) lots. The agreement requires the development of the land to comply with that as approved under Planning Permit No. PLN09/0786.

Recommendation That the listed documents be signed and sealed. MINUTE 1077 Moved by: Cr Maria Sampey Seconded by: Cr Pinar Yesil That the listed documents be signed and sealed.

CARRIED


Page 9016

6.2 DOCUMENTS FOR TABLING

6.2.1 Documents for Tabling

File No: qA228025 Responsible Officer: Director Corporate Services

Report Summary

Council receives various documents such as annual reports and minutes of committee meetings that deal with a variety of issues that are relevant to the City.

These reports are tabled at Council Meetings and therefore brought to the attention of Council.


This report recommends that the listed items be received.


Documents for Tabling (Cont.)

017

List of Reports

Author Title Gannawarra Shire Council 2011 Annual Report

A copy of each report is made available at the Council meeting or by contacting the Governance Unit on telephone 9239 5309.

Recommendation That any listed items be received. MINUTE 1078 Moved by: Cr Angela Long Seconded by: Cr Pinar Yesil That any listed items be received.

CARRIED


Page 9018

6.2.2 Petitions and Joint Letters


Report Summary

Council receives a number of petitions and joint letters on a regular basis that deal with a variety of issues which have an impact upon the City. Issues raised by petitions and joint letters will be investigated and reported back to Council if required.

Petitions and Joint Letters Tabled

Council received 1 (one) petition and no joint letters prior to the Council meeting of 13 February 2012: • A petition signed by one hundred and ninety four (194) proponents requesting that

Council does not introduce ‘No Stopping All Time’ on Greens Road, Dandenong. This petition has been forwarded to the relevant Council business unit for consideration.

Recommendation That any listed items be received. MINUTE 1079 Moved by: Cr John Kelly Seconded by: Cr Loi Truong That any listed items be received.

CARRIED


Page 9019

6.3 CONTRACTS

6.3.1 Contract No. 1112-21 - Sports Field Lighting & Associated Electrical Services


Report Summary

This report outlines the tendering process undertaken to select a contractor for the provision of Sports Field Lighting & Associated Electrical Services for Mills Reserve, Ross Reserve, Warner Reserve and Tatterson Reserve.


This report recommends that Council awards Contract 1112-21 to Commlec Services Pty Ltd for a fixed Lump Sum of One Million and Forty Eight Thousand Two Hundred and Eighty Three Dollars and Sixty Cents ($1,048,283.50) including GST of $95,298.50


Contract No. 1112-21 - Sports Field Lighting & Associated Electrical Services (Cont.)

Page 9020

Introduction

The Council’s Sports and Recreation Business Unit has identified 4 Sports Fields requiring new and updated sport fields lighting these being:- Mills Reserve is an existing competition synthetic hockey pitch, which requires the existing lighting system to be altered to comply with AS2560, Part 2.7: Specific recommendations— Outdoor hockey. Ross Reserve is occupied by the Springvale City Soccer Club, Springvale Little Athletics Club and Victorian Master Athletics Club. Encapsulated within the Athletics track is the turf soccer pitch. Tatterson Reserve consists of two soccer pitches and a cricket ground centred between the soccer pitches. There is no lighting currently provided to these grounds. Warner Reserve has two soccer pitches and a cricket ground centred between the soccer ovals and ground overlapping them. Tenderers were requested to incorporate design, design verification, supply of all materials, installation, commissioning and testing of all works and equipment as detailed in Council’s specification.

Tender Process

This tender was advertised on 22 October 2011 in the Age newspaper and closed at 2:00PM Tuesday 8 November 2011. At the close of the tender advertising period submissions were received from two (2) contractors as indicated below. 1. All Sports Lighting 2. Commlec Services Pty Ltd

Tender Evaluation

The evaluation panel consisted of Team Leader Sport & Leisure, Project Manager Engineering Services, Senior Contracts Officer, OH&S Consultant, Environmental Planner and an external Design Lighting Consultant providing specialist advice. Tenders were evaluated using Council’s Weighted Attributed Value Selection Method. The advertised evaluation criteria and the allocated weightings for evaluation are as follows:

Evaluation Criteria Weighting 1 Price 40% 2 Relevant Experience on Contractor & Team Members 20% 3 Delivery of Similar Projects & Past Experience 20% 4 Ability to Deliver to Project Time Lines 10% 5 QA and Risk Assessment Systems 10% 6 OH&S Management System PASS/FAIL 7 Environmental Management System ( EMS ) PASS/FAIL



Page 9021

Tenderers were ranked by panel members against each criteria on a scale of 0 – 5 based on the table listed below.

Score Description 5 Excellent 4 Very Good 3 Good 2 Acceptable 1 Marginally acceptable 0 Not Acceptable

The Panel initially assessed all the tendered prices, relevant experience and capability. The comparative Weighted Attribute Scores for all tenders after the initial evaluation stage are as follows – Tenderer Price

Points Non-Price

Points

OH&S & Enviro

Total Score

Commlec Services Pty Ltd Option 3 1.19 2.30 PASS 3.49 All Sports Lighting 0.95 2.30 FAIL 3.25

At the completion of the tender evaluation process described above, the Panel agreed that Commlec Services Pty Ltd was the preferred tenderer. Their submission provided the best value outcome for Council. Full details of the evaluation process have been placed on the relevant tender file.

Related Council Policies

• Community Grants Support Program - Policy

• Floodlighting of Recreation Sporting Facilities - Code of Practice

• Floodlighting of Recreation Sporting Facilities - Policy

• Procurement - Policy

Financial Implications

Resource requirements are in accordance with existing budgetary allocation for Project Codes 59, 64 & 67 ( Tatterson Park, Mills Reserve and Ross/Warner Reserves) which is $1,075,030 including GST.

Consultation

During the tender evaluation process and in the preparation of this report, a design Consultant was involved with relevant Council Officers of Sports & Recreation, Project Delivery, Contracts and the OH&S Consultant and Environmental Planner provided specialist advice.



Page 9022

Conclusion

The Evaluation Panel recommends Commlec Pty Ltd as Council’s preferred tenderer as this company has submitted the lowest tender price and, has previously demonstrated their ability to satisfactorily undertake the provision of Sports Field Lighting for the City of Greater Dandenong (George Andrews Reserve). The company has considerable experience in Sports Field Lighting & Associated Electrical Services. They possess the required levels of experience, staff resources, equipment, management support and supervision capabilities and also have the appropriate OH&S and Environmental Management Systems available.

Recommendation That Council:

1. awards Contract 1112-21 to Commlec Services Pty Ltd for a fixed Lump Sum of the contract for an amount of One Million and Forty Eight Thousand Two Hundred and Eighty Three Dollars and Sixty Cents ($1,048,283.50) including GST of $95,298.50; and

2. signs and seals the contract documents when prepared. MINUTE 1080 Moved by: Cr Peter Brown Seconded by: Cr Pinar Yesil That Council:

1. awards Contract 1112-21 to Commlec Services Pty Ltd for a fixed Lump Sum of the contract for an amount of One Million and Forty Eight Thousand Two Hundred and Eighty Three Dollars and Sixty Cents ($1,048,283.50) including GST of $95,298.50; and

2. signs and seals the contract documents when prepared.

CARRIED


Page 9023

6.4 TOWN PLANNING

6.4.1 Planning Delegated Decisions Issued – November 2011

Attachments: Planning Delegated Decisions Issued - November 2011

File No: qA280 Responsible Officer: Acting Director Development Services

Report Summary

This report provides Council with an updated on the exercise of delegation by council officers. It provides a listing of Town Planning Applications decided for November 2011. It should be noted that permits issued are consistent with the Planning Scheme and council’s policies. Application Numbers with a PLN#.01 or similar, are applications making amendments to previously approved planning permits.

Recommendation That the items be received and noted.

MINUTE 1081 Moved by: Cr Pinar Yesil Seconded by: Cr Angela Long That the items be received and noted.

CARRIED


Planning Delegated Decisions Issued – November 2011 (Cont.)

Page 9024

The attachment to this report is available under a separate cover at:

www.greaterdandenong.com (“Council”, “Council Meetings”, “Agendas and Minutes”)

or by contacting: Governance - 9239 5309


Page 9025

6.4.2 Planning Delegated Decisions Issued – December 2011

Attachments: Planning Delegated Decisions Issued - December 2011

File No: qA280 Responsible Officer: Acting Director Development Services

Report Summary

This report provides Council with an updated on the exercise of delegation by council officers. It provides a listing of Town Planning Applications decided for December 2011. It should be noted that permits issued are consistent with the Planning Scheme and council’s policies. Application Numbers with a PLN#.01 or similar, are applications making amendments to previously approved planning permits.

Recommendation That the items be received and noted.

MINUTE 1082 Moved by: Cr Paul Donovan Seconded by: Cr Loi Truong That the items be received and noted.

CARRIED


Planning Delegated Decisions Issued – December 2011 (Cont.)

Page 9026





Page 9027

6.4.3 Town Planning Application - No.244-246 South Gippsland Highway, Dandenong South (Planning Application No. PLN11/0700)

Attachments: Location of Objectors Submitted Plans Photos of the Subject Site

File No: 441325 Responsible Officer: Acting Director Development Services

Application Summary

Applicant: Music Hire Pty Ltd Proposal: To use the land for manufacturing sales, buildings and works

and display of business identification signage Zone: Business 3 Zone Overlay: Land Subject to Inundation Ward: Red Gum The application proposes to use part of the existing building at 244-246 South Gippsland Highway, Dandenong South, for manufacturing sales. The applicant is already operating from the unit to store and manufacture billiard tables, and display billiard tables and other leisure/recreational items. A permit is not required for these uses. However, a permit is required to allow the sale of the manufactured billiard tables from the site. The use of the site as a retail premises in the Business 3 Zone requires a planning permit as a Section 2 Use pursuant to Clause 34.03-1. The application also seeks consent for works to the existing building and signage. A flue ventilation duct above the roof has already been constructed. This requires a planning permit for buildings and work pursuant to Clause 34.03-4 (Business 3 Zone) and Clause 44.04-1 (Land Subject to Inundation Overlay). Business identification signage has also been erected on the land in excess of 8m², and requires a planning permit under Clause 52.03-8 Advertising Signs. The application is retrospective.

Objectors Summary

The application was not advertised. However, an objection has been received from a nearby business operator. The objection relates to:

• The use of the land for the sale of billiard tables;

• Traffic management concerns;

• Health and safety issues; and

• Public liability issues.


Town Planning Application - No.244-246 South Gippsland Highway, Dandenong South (Planning Application No. PLN11/0700)(Cont.)

Page 9028


As assessed, the proposal is consistent with and appropriately responds to the provisions of the Greater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy for manufacturing sales in this area of the Business 3 Zone with this report recommending that the application be supported, and that a Notice of Decision to grant a permit be issued subject to conditions as set out in the recommendation.



Page 9029

Subject Site and Surrounds

Subject Site The site is located within the Business 3 Zone on the South Gippsland Highway in Dandenong South. The subject site is the southern-most unit within an existing commercial warehouse style development. The existing unit is irregular in shape. The unit has a height of approximately 7.8m and an area of approximately 650m². Aristocrat Billiards Pty Ltd and Music Hire Pty Ltd occupy the rear warehouse portion of the existing building, where they manufacture and wholesale billiards tables and associated leisure and recreational items (e.g. jukeboxes). The front portion of the existing building is leased by Music Hire Pty Ltd to a separate occupier and is used for the purposes of offices. The site is approximately 275m from the nearest Industrial 1 Zoned land and in excess of 2.8km away from the nearest residential zoned area. The site is accessed from an internal estate road, which in turn is accessed from South Gippsland Highway. The site has four on site car parks, as contained within the Certificate of Title. Further unallocated car parking is available within the area of estate common property, in front of the existing building. Landscaping to the north of the area of common property is provided, separating the warehouse and commercial development from the South Gippsland Highway. Surrounding Area There is a retarding basin directly adjacent to the site, on the northern side of South Gippsland Highway. Immediately east and south of the site is the Hallam main drain. The wider area is zoned Business 3, with Industrial 1 zoned land approximately 275m north-west of the site. Other uses within the estate are typical of the business area, consisting of a combined carwash, café, wheel and tyre shop, and a lubricant and oil shop. To the south-east of the property, on the other side of the Hallam main drain is Beaurepaires. Signage in the surrounding area is varied. The front façade of ‘Beaurepaires’, to the south-east of the site, effectively presents as advertising as it is painted in its renowned orange, yellow and blue, with further text attached. Signage in the area is typically large and numerous given the setback to South Gippsland Highway and competition for the attention of passing motorists.



Page 9030

Locality Plan

Subject Site Location of objector Melway Ref 95 J4

Background

Previous Applications PLN06/0290 was approved on 23 May 2006 for the ‘development of land comprising the construction of five (5) industrial/warehouse buildings and associated offices and landscaping, and a reduction in car parking under the Greater Dandenong Planning Scheme’. This was later amended (PLN06/0290.01) on 19 June 2007 and (PLN06/0290.02) on 7 March 2008, for changes to the design of the buildings. It is noted that the proposal meets all conditions and is in accordance with the endorsed plans of the development permit. A subdivision permit for five (5) lots (in two stages) was later issued for this development under PLN07/0060 on 9 July 2007. A search of Council records revealed no other planning applications have been considered for the subject site. Subject Application The application has arisen following an enforcement order application by a third party to the Victorian Civil and Administrative Tribunal (VCAT) on 9 August 2011 (P2389/2011). Site visits have been undertaken by both planning and compliance officers in August and October 2011.



Page 9031

Proposal

Use The application (as amended on 16 November 2011) proposes the use of part of the land for the purpose of manufacturing sales. The use of the existing warehouse element of the site is the storage and manufacture of billiard tables, and the display of billiard tables. Other leisure and recreational items for hire (e.g. jukeboxes) are also stored on the site. The applicant seeks a permit to allow manufacturing sales from 65m² (approximately 10%) of the existing warehouse use so that billiard tables and other large recreational items that are stored or manufactured on the site can be directly sold to the public.

Buildings and works Retrospective consent is sought for a flue ventilation duct associated with a spray booth located to the rear of a building. The exhaust duct protrudes approximately 1.2m above the roofline of the building. The spray booth is to allow the painting of the billiard tables through the manufacturing process.

Signage The proposed business identification signage consists of three signs, already existing on the site, as follows:

• A sign located above the warehouse roller shutter entry, measuring 4.4m x 2.5m and containing a photo of a pool table (measuring approximately 2.8m x 2.1m), the company name ‘Aristocrat Billiards’, phone number and web address. The sign, other than the photo, is red and with white writing;

• A sign located to the left (east) of the warehouse roller shutter entry, measuring 1.5m x 6m and containing words ‘POOL TABLES’ reading vertically, the phone number and web address. The sign is red with white writing; and

• A 0.8m x 1m double sided, A-frame sign with the company name, phone number, email address, a colour photo of a pool table and the word ‘OPEN’. There is no fixed location, with the sign used to signify the point of entry to the building.

The overall signage proposed measures 21.6m². A copy of the submitted plans and relevant documents are included as Attachment 2. Photographs taken by officers of the site and internal layout are included as Attachment 3. The applicant has consented to the inclusion of these officers photographs in the report.


No financial resources are impacted by this report.



Page 9032

Planning Scheme and Policy Frameworks

Pursuant to the Greater Dandenong Planning Scheme, a planning permit is required: • Under Clause 34.03-1, for use of the land for manufacturing sales (Section 2 Use);

• Under Clause 34.03-4, for buildings and works (exhaust flue);

• Under Clause 44.04-1, for buildings and works (exhaust flue); and

• Under Clause 52.03-8, for business identification signage in excess of 8m².

The relevant controls and policies are as follows:

Zoning Controls The subject site is located in a Business 3 Zone. The purpose of the Business 3 Zone outlined at Clause 34.03 is:

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

• To encourage the integrated development of offices and manufacturing industries and associated commercial and industrial uses.

Pursuant to Clause 34.03-1, a permit is required for use of the land for a retail premises (Section 2 Use). Pursuant to Clause 34.03-4, a permit is also required for buildings and works. Overlay Controls The property is subject to the Land that is Subject to Inundation (LSI) overlay. Under Clause 44.04-1, a permit is required to carry out works in this overlay, and therefore the exhaust flue above the roof requires a permit.

State Planning Policy Framework The Operation of the State Planning Policy Framework outlined at Clause 10 seeks to ensure that the objectives of planning in Victoria are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development. The objectives of Planning in Victoria are noted as: (a) To provide for the fair, orderly, economic and sustainable use, and development of

land. (b) To provide for the protection of natural and man-made resources and the

maintenance of ecological processes and genetic diversity. (c) To secure a pleasant, efficient and safe working, living and recreational environment

for all Victorians and visitors to Victoria.



Page 9033

(d) To conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value.

(e) To protect public utilities and other facilities for the benefit of the community. (f) To facilitate development in accordance with the objectives set out in paragraphs (a),

(b), (c), (d) and (e). (g) To balance the present and future interests of all Victorians. In order to achieve those objectives, there are a number of more specific objectives contained within the State Planning Policy Framework that need to be considered under this application. Clause 15 – Built Environment and Heritage Clause 15.01-1 ‘Urban Design’ looks to promote good urban design to make the environment liveable and attractive. The Clause requires developments to respond to their context in terms of urban character, cultural heritage, natural features surrounding landscape and climate. Clause 17 – Economic Development Clause 17 states that planning is to provide for a strong and innovative economy, where all sectors of the economy are critical to economic prosperity, and planning is to contribute to the economic well-being of communities and the State as a whole by supporting and fostering economic growth and development by providing land, facilitating decisions, and resolving land use conflicts so that each district may build on its strengths and achieve its economic potential. Clause 17.01-1 ‘Business’ has the objective to encourage development which meets the community’s needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. Clause 18 – Transport Clause 18.02-5 relating to Car Parking needs to be considered under this application. The objective of this Clause is to ensure an adequate supply of car parking that is appropriately designed and located.

Local Planning Policy Framework The Local Planning Policy Framework (LPPF) includes the Municipal Strategic Statement (MSS) and Local Policies. The MSS is contained within Clause 21 of the Scheme. The MSS at Clause 21.02 focuses on the Municipal Profile, within which it notes Council’s Vision as a nationally and internationally competitive city. Strategies within the MSS include “to facilitate employment and investment in Greater Dandenong’s key economic areas and stimulate growth of industrial and business opportunities unique to the area”.



Page 9034

Of relevance within the MSS, to this application is Clause 21.04 – Land Use. Within the ‘Industrial’ section of this Clause, the following objectives and strategies support the proposal: 1. To provide development, employment and industrial opportunities, which cater for a

broad range of industries. 1.1 Provide a diversity of locational opportunities for all types of industrial activity,

including those enterprises that combine manufacturing with general office activities.

4. To encourage the integration of commercial and industrial developments in existing Business 3 Zones.

Under Clause 21.05 – Built Form, signs are noted as having an important role in the built environment. Managing the impact of signs particularly in the commercial and industrial areas is noted as a challenge and requires consideration of the context. Major promotion signs in proximity to arterial roads are seen as a pressure. Relevant objectives and strategies of Clause 21.05-2 relating to the matter of urban design, character, streetscapes and landscapes, include: 1. To facilitate high quality building design and architecture. 9. To ensure a co-ordinated approach to sign design and placements, in commercial,

industrial, residential areas and along road corridors. 9.1 Ensure that the design and placement of new signs considers the cumulative impact

of existing signs on the host building, adjoining building and the streetscape. 9.3 Ensure major promotion and sky signs along road corridors are appropriately spaced

so as not to dominate the overall setting and to minimise impact on viewing corridors/major view lines.

Particular Provisions Clause 52.05 – Advertising Signs, of the Greater Dandenong Planning Scheme is applicable to this application. Clause 52.05-7 – ‘Category 2’ specifically outlines the requirements of advertising signs within the business areas. Business identification signage that is in excess of 8m² requires a permit. Given that the proposed signage over the site totals approximately 21.6m², a permit is required under this provision of the Planning Scheme. General Provisions Clause 65 – Decision Guidelines needs to be considered, as is the case with all applications. For this application the requirements of Clause 65.01 for the approval of an application or plan is of relevance. This Clause outlines the requirements that the Responsible Authority must consider when determining the application.



Page 9035

Definitions ‘Manufacturing Sales’ is defined in Clause 74 of the Planning Scheme as: ‘Land used, as an incidental part of an industry, to retail goods made materially different on the land by that industry’. The proposal fulfils this definition as: a) The sale of billiard tables and associated items is “incidental” in that it happens in

subordinate conjunction with the manufacture and storage of the table; b) The proposal is an incidental part of an ‘industry’, specifically the manufacture of

billiard tables on the land; c) The “goods” which are retailed, namely the billiard tables, are made materially

different on the land; and d) There is an element of ‘retail’ because billiard tables are sold to customers who

purchase them for their own use (and do not sell to others i.e. not wholesale). As such, the proposal comfortably fits within the definition of ‘Manufacturing Sales’, being a sub-category of ‘Retail Premises’. A ‘Retail Premises’ is listed as a ‘Section 2 Use’ in the Business 3 Zone under Clause 34.03-1 of the Planning Scheme. Proposed Planning Scheme Amendments Planning Scheme Amendment C132 (Advertising Signs Local Policy) is currently on exhibition until 27 January 2012. However, this is not a seriously entertained document and has not been used in the assessment of this application.

Restrictive Covenants

There is a covenant registered on the Title. Covenant AE236578R prohibits the erection or placement of any plant or machinery or permanently store any goods or materials on the land unless they are fully screened by a wall constructed in specific materials. Covenant AE236578R also specifies design materials to be used on the front wall and any side wall facing a street or road. The proposal is not in breach of this covenant.

Links to Council Annual Plan

In accordance with the commitment in Council’s Annual Plan, all applications are considered on their merits.

Diversity (Access & Equity)

It is not considered that the proposal raises any diversity issues affecting the planning assessment of this application.

Community Safety

It is considered that there would be no adverse community safety implications in permitting the proposal.



Page 9036

Safe Design Guidelines

Consideration of the relevant requirements of these Guidelines has been undertaken within the Assessment of this application.

Referrals

External The application was not required to be referred to any external referral authorities pursuant to Section 55 of the Planning and Environment Act 1987.

Internal The application was internally referred to Council’s Strategic Planners for their consideration. The comments provided will be considered in the assessment of the application. Council’s Compliance officers have been involved in this application from the outset.

Advertising and Objection

The application was not notified to the surrounding area with respect to Section 52 of the Planning and Environment Act 1987 as it was considered that the proposed use which is already being undertaken on site will not be of detriment to any person or the surrounding area. The works to the building and the signage are exempt from advertising. One (1) letter of objection has been received from a nearby billiards business. Summary of Objection This application arose following enforcement action by a nearby billiards business direct to the Victorian Civil and Administrative Tribunal (VCAT) on 9 August 2011 (VCAT ref: 2389/2011). The application to VCAT alleged breaches of the Planning Scheme by the applicant without the appropriate permits. The application claimed that the appellant was likely to suffer economic loss if the unpermitted use was to operate without due consideration through the planning process. Following the VCAT application, Council’s Compliance Team investigated the subject site and identified a number of non-compliances with the Planning Scheme. Council wrote to the applicant on 18 August 2011 (ref: PC11/0332) requiring that the applicant take the appropriate steps to rectify the situation. The letter required the occupier to:

• “Remove the shipping container presently stored in the landscape setback from the land;

• Remove all goods and equipment associated with your premises from the off street car parking at the land;



Page 9037

• Stop storing any goods or equipment externally to your building;

• Remove all unauthorised signage from the land, including promotional signage displayed in the landscape setback; and

• Seek retrospective planning approval for the spray paint ventilation shaft exiting the building toward the western side (alternatively remove the shaft) and seek planning approval for any signage intended to be displayed from your building in excess of 8sq metres”.

This application for planning permission was received by Council on 6 September 2011. The other areas of non-compliance have been rectified by the applicant. An objection was received to this planning application by Council on 6 October 2011 from a nearby billiards business. The objection included photos and a statement of expert planning evidence to VCAT clarifying the use of the site and permit requirements. The objections are:

• Misconduct by Music Hire Ltd by not applying for the appropriate permits prior to establishment;

• Significant detrimental effect on the objector’s business;

• Potential health and safety concerns;

• Traffic management; and

• Public liability.

Enforcement action to VCAT in September 2011 continued whilst this application remained at the Further Information stage. The Tribunal refused to issue an interim enforcement order in September 2011 in respect of the alleged unauthorised use and development of the subject land, noting that [Astra Billiards] “failed to identify any urgency or planning harm that would flow from the alleged breaches”; and that “the primary motivation for seeking interim relief in this case appears to be a commercial motivation rather than an identified planning disbenefit”. The Member, on 7 December 2011, directed the prosecuting party to pay Music Hire Pty Ltd costs associated with the VCAT enforcement application. VCAT has consistently upheld that commercial matters and issues of health and safety and public liability are not relevant planning considerations. Traffic management is dealt with in the assessment of the use below. In the event that a permit is not granted by Council for the development proposed in this application, an enforcement hearing has been scheduled by VCAT to be heard on 7 May 2012.



Page 9038

Assessment

Use The applicant has applied for use of part of the property for ‘manufacturing sales’. Manufacturing sales is defined in the City of Greater Dandenong Planning Scheme as:

“Land used, as an incidental part of an industry, to retail goods made materially different on the land by that industry”.

It is considered that the term ‘manufacturing sales’ is applicable to the use currently being undertaken on site. The applicant imports billiard table materials and parts, assembles and (if necessary) paints the tables on site. The manner in which the components of the billiard tables arrive on site and the end product that is sold is considered materially different. This has been evidenced by Council officers during visits to the site. The level of retailing that will occur on the site is considered to be directly related to the manufacturing of the billiard tables on site. The retailing directly to the public is a limited part of the use, with the majority of the items being stored and manufactured on the site being sold directly to shops for onward retail to the public. Furthermore, there are no tills or cash payment means directly on the site, and no home deliveries are made directly from Music Hire Ltd. There is no evidence that the use operating as a ‘shop’ (which is prohibited in the zone), and this was noted in Council’s letter to the applicant on 18 August 2011. In order to control the level of manufacturing sales to be undertaken from the land, the applicant has delineated an area on the proposed plan of 65m² 10% of the overall floor area) in which manufacturing sales could be allowed to occur on the premises. The use as manufacturing sales is in line with the Municipal’s strategic focus, particularly given the domestic, national and international influence of the company with goods imported, assembled and sold, to and outside of the Melbourne area. The proposal conforms to the Business 3 Zone, in which it is located, which seeks to encourage the integrated development of offices and manufacturing industries and associated commercial and industrial uses. The Business 3 Zone is considered the most appropriate zoning in which to locate the proposed use and is consistent with other uses in the business estate. Given the small area of manufacturing sales, it is unlikely to cause conflict with surrounding nearby uses, both within the estate and the wider area. The nature and scale of the proposal, is unlikely to have discernable effects on noise and traffic. Compliance has received no reports of issues caused by this existing use from neighbouring properties, and Councils Strategic Planners support the use. In light of the above matters, it is considered that the application for 65m² of ‘manufacturing sales’ is appropriate, and can be effectively controlled through demarcation of a floor area on the endorsed plans and associated permit conditions, should one be issued.



Page 9039

Development A permit is also sought for the development of the existing building of the flue ventilation duct located approximately 1.2m above the roof, to the rear of the building. An inspection of the subject site showed that the exhaust duct is not overly visible, other than from the Eumemmering Creek drainage reserve at the rear of the building. Buildings and works such as the exhaust duct proposed are a common feature on industrial and warehouse units in the Industrial and Business zones, and would have no effect on the LSI. The proposed exhaust duct is a necessary component of the manufacturing business being undertaken on the site, and is not considered unsightly. It is unlikely to cause significant adverse visual or emission effects given the location above the roof to the rear of the building. As such, the proposed exhaust duct is considered acceptable. A permit condition can be used to ensure that any emissions are appropriately mitigated.

Signage Strategic Planning reviewed the proposed signage and noted that the signage above the roller door, which shows a large photo of a billiard table, should be required to be removed and replaced with a sign showing the company name and details rather than large images. However, there is no signage policy, existing or proposed that supports this position. There is, however, merit in increasing the text size on the existing sign in order to make the sign clearer when viewed by passing motorists on South Gippsland Highway. This is to ensure that the safety and efficiency of South Gippsland Highway is maintained and not detracted from by ensuring that motorists can easily identify the business and not lose concentration. This change would, in effect, make the existing sign an acceptable business identification sign. This can be made a condition of the permit, if issued. Strategic Planning also sought the removal of the vertical sign. The decision guidelines contained within Clause 52.05 ‘Advertising Signs’ state that the relationship of the proposed signage to the streetscape, the ability to reduce the number of signs by rationalising or simplifying signs must be considered. Given the duplication of the content in the signage above and to the east of the roller door, it is considered that the removal of vertical sign to the east is appropriate. It is acknowledged that the proposed signage is set back from South Gippsland Highway by approximately 40m and that there is an array of signage, in terms of both type and quantity, in the surrounding area. This sign currently causes visual disorder by cluttering the front of the building. The removal of the sign will provide an appropriate degree of business identification in line with the provisions of the schedule.

Car Parking There is no specific car parking rate within Clause 52.06 Car Parking, in which to apply for either ‘manufacturing sales’. Rather, car parking is to be provided to the satisfaction of the Responsible Authority. It is noted that Council’s Code of Practice – Car Parking, does not specify a particular rate to be applied to this use.



Page 9040

The property has the exclusive use of four car parking spaces, located immediately in front of the building, with this area included on the Title. A common parking area is provided along the northern side of the parking area. This parking serves both the office and warehouse parts of the subject site. During two site visits, it was observed that there is sufficient parking available for existing uses in the estate. The proposed ‘reduction’ in warehouse floor area of 65m² and ‘replacement’ with 65m² of ‘manufacturing sales’ within the existing building is unlikely to generate a level of demand to exceed the current permitted supply of parking in the area, or require on-street parking. Parking is therefore considered satisfactory.

Loading and Unloading A loading bay measuring 4.5m wide by 7.6m long is provided to the existing premises in accordance with the Planning Scheme. The proposed development is not sufficient to require any further loading facilities to be provided, and therefore the current arrangements are acceptable.

Bicycle Facilities ‘Manufacturing Sales’ is included in ‘Retail Premises’ within the nesting diagrams contained in Clause 74 of the Planning Scheme. Under Clause 52.34 Bicycle Facilities, a retail premises (other than specified in the table, of which ‘manufacturing sales’ is not) requires bicycle parking to be provided at a rate of 1 to each 300m² leasable floor area for employees. As the area to be designated as manufacturing sales is less than 300m², no additional bicycle facilities are required.

Conclusion

The use of part of the existing building for ‘manufacturing sales’ is deemed an appropriate use on this site. The use is unlikely to generate effects that will result in conflict amongst other uses within the estate or the wider area. The issues raised by the objector have been considered, and are considered by officers and VCAT to be commercial rather than planning matters. The applicant has demarcated an area of the floor in which manufacturing sales can be undertaken so as to ensure that this manufacturing sales component is subservient to the use of the land for manufacturing and storage uses. The ventilation duct does not result in significant adverse visual effect given the limited visual vantage points, and is a necessary component of the use of the site. The business identification signage located above the roller door is generally supported with text modifications, as is the A-Board sign. However, the vertical sign to the east of the roller door should be removed in order to reduce visual clutter, avoid duplication and maintain the safety and efficiency of South Gippsland Highway.



Page 9041

Recommendation That Council’s delegate resolves to issue a Notice of Decision to grant a permit in respect of the land known and described as No.244-246 South Gippsland Highway DANDENONG SOUTH VIC 3175, for the use of part of the land for manufacturing sales, buildings and works and the display of business identification signage subject to the following conditions:

1. Within one (1) month of the date of this permit, two (2) copies of amended plans drawn to scale and dimensioned must be submitted to the Responsible Authority for approval. The use must not commence until the plans have been approved and endorsed by the Responsible Authority. The endorsed copy of the plans forms part of this permit.

The plans must be in accordance with the plans and documentation submitted with the application, but modified to show:

a) A floor plan showing the 10% area of the existing building to be used for

manufacturing sales; b) Enlargement of the text contained within the business identification sign

located above the roller door without increasing the overall size of the sign; and

c) The removal of the vertical sign located to the east of the roller door.

To the satisfaction of the Responsible Authority. 2. The use as shown on the endorsed plans must not be altered without the

consent of the Responsible Authority. 3. The use and development must be managed so that the amenity of the area is

not detrimentally affected, through the: a) transport of materials, goods or commodities to or from the land; b) appearance of any building, works or materials; c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil; and d) presence of vermin.

4. The location, type, dimensions and content of the signage as shown on the

endorsed plans must not be altered, unless with the written consent of the Responsible Authority.

5. The signage must be constructed and thereafter maintained to the satisfaction of

the Responsible Authority. 6. The loading bay as shown on the endorsed plans must be kept free, clear of

goods and materials, for its intended purpose of loading and unloading, at all times.

7. This permit will expire if:-

a) The use does not start within two years of the date of this permit, or



Page 9042

b) The use is discontinued for a period of two years. c) The permit for signage only will expire ten years after the date of this

permit.

Before the permit expires or within three (3) months afterwards the owner or occupier of the land may in writing request the Responsible Authority to extend the expiry date.

Alternate Motion Moved by: Cr Peter Brown Seconded by: Cr Maria Sampey That the permit be refused as the use is not consistent with town planning requirements and there is insufficient parking for the proposed use.

LOST (REFER TO MINUTE NO. 1083) For the Motion: Crs Youhorn Chea, Peter Brown and Maria Sampey.

Against the Motion: Crs Paul Donovan, John Kelly (called for the division) Angela Long, Loi Truong and Pinar Yesil

MINUTE 1083 Moved by: Cr John Kelly Seconded by: Cr Angela Long That Council’s delegate resolves to issue a Notice of Decision to grant a permit in respect of the land known and described as No.244-246 South Gippsland Highway DANDENONG SOUTH VIC 3175, for the use of part of the land for manufacturing sales, buildings and works and the display of business identification signage subject to the following conditions:

1. Within one (1) month of the date of this permit, two (2) copies of amended plans drawn to scale and dimensioned must be submitted to the Responsible Authority for approval. The use must not commence until the plans have been approved and endorsed by the Responsible Authority. The endorsed copy of the plans forms part of this permit.

The plans must be in accordance with the plans and documentation submitted with the application, but modified to show:

a) A floor plan showing the 10% area of the existing building to be used for

manufacturing sales; b) Enlargement of the text contained within the business identification sign

located above the roller door without increasing the overall size of the sign; and

c) The removal of the vertical sign located to the east of the roller door.

To the satisfaction of the Responsible Authority.



Page 9043

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

3. The use and development must be managed so that the amenity of the area is

not detrimentally affected, through the: a) transport of materials, goods or commodities to or from the land; b) appearance of any building, works or materials; c) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil; and d) presence of vermin.

4. The location, type, dimensions and content of the signage as shown on the

endorsed plans must not be altered, unless with the written consent of the Responsible Authority.

5. The signage must be constructed and thereafter maintained to the satisfaction of

the Responsible Authority. 6. The loading bay as shown on the endorsed plans must be kept free, clear of

goods and materials, for its intended purpose of loading and unloading, at all times.


a) The use does not start within two years of the date of this permit, or b) The use is discontinued for a period of two years. c) The permit for signage only will expire ten years after the date of this

permit.


CARRIED



Page 9044





Page 9045

6.4.4 Town Planning Application - No. 32 Royal Avenue, Springvale (Planning Application No. PLN11/0378)

Attachments: Subject site and submitters’ sites Submitted Plans Clause 55 Assessment


Application Summary

Applicant: Chaule Architect Pty Ltd Proposal: To construct four double storey dwellings Zone: Residential 2 Zone (R2Z) Overlay: None Ward: Lightwood It is proposed to develop the vacant land at 32 Royal Avenue, Springvale, for four double storey dwellings. Pursuant to Clause 32.02-4 of the Greater Dandenong Planning Scheme, a permit is required to construct two or more dwellings on a lot.

Objectors Summary

The subject site and surrounding area is zoned Residential 2. It is therefore exempt from advertising and third party appeal rights under the Planning and Environment Act 1987. While Council Policy allows submissions to be received and considered, the submitters do not have a right to be party to an appeal against any decision of Council to the Victorian Civil and Administrative Tribunal (VCAT). In accordance with this Council Policy, notification of the application was undertaken by way of letters sent to the owners and occupiers of surrounding land. This allowed people to put in submissions if there were any concerns relating to the proposal. Three submissions were received to the application. Issues raised generally relate to increase in traffic, noise, litter, deterioration of the streetscape, increase in anti-social behaviour such as drug and crime and unattractive nature of multi-units.

Assessment Summary

An assessment of the application found that the proposed four double-storey development is appropriate for the site and the emerging character of the area having consideration that the site is within the Residential 2 Zone and located very close to the Springvale Activity Centre. The application proposes sufficient on-site car parking spaces for residents in accordance with the car parking standard. The proposed development would not result in increase traffic, noise, litter or anti-social behavior above and beyond what is normally generated by each single household in the area. The proposal would enhance the amenity of the site and the streetscape by removing the existing run down fencing on the site and introducing a modern façade to the dwellings on the streetscape. Subject to minor conditions regarding lighting and sill heights within the development to amend the proposal it is considered that the application is consistent with the overall objectives of Clause 22.09 (Neighbourhood Character and Residential Policy), Clause 22.10


Town Planning Application - No. 32 Royal Avenue, Springvale (Planning Application No. PLN11/0378) (Cont.)

Page 9046

(Springvale Activity Centre Local Planning Policy), Clause 55 (Two or more dwellings on a lot) and the purpose and schedule of the Residential 2 Zone.


As assessed, the proposal is consistent with and appropriately responds to the provisions of the Greater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy for residential development in the area with this report recommending that the application be supported, and that a Permit be granted subject to conditions as set out in the recommendation.



Page 9047

Locality Plan Subject Site Melway Ref: 79J10


Subject Site The site is an irregular-shaped, vacant lot on Royal Avenue approximately 35m from the intersection with Windsor Avenue. It has a frontage of 16m which tapers off to the rear to 9.91m width. The north boundary is 46.13m, whilst the southern boundary is 45.72m. The site has a total area of 592m². The site has a gentle fall of 600mm across the site from the east (front) to the west (rear). The site is vegetated with grass, but there are no significant trees on the site. The fencing around the site is a mixture of timber and metal mesh fencing in a dilapidated state. The site is located approximately 130m west of the Springvale Activity Centre boundary. The Springvale Railway Station is located approximately 530m north-east of the subject site. Surrounding Area The site is part of the established residential area surrounding the Springvale Activity Centre. The existing dwellings in the surrounding neighbourhood are of varying ages. The adjoining site to the north was constructed in 1948 whilst that to the south is a large, modern two storey dwelling constructed in 1986. The built form is constantly changing with the original predominantly single storey brick/timber weatherboard dwellings being demolished to be replaced with large double storey dwelling on a lot or multi-unit single or double storeys or apartment development. The character of the neighbourhood is therefore of mixed character and appearance. The site is located to within easy walking distance of range of community services such as the Springvale Police Station, Springvale Library, churches and temples, shops, primary and secondary schools. A plan indicating the location of the site is shown below and on Attachment 1.



Page 9048

Background

Previous Applications A search of Council records revealed no previous planning applications have been considered for the subject site.

Proposal

It is proposed to construct four double-storey dwellings on the vacant lot each with two (2) bedrooms and one car parking space. The dwellings proposed are attached in a townhouse style. Details of the proposed development are as follows:

Dwelling 1 (Double storey dwelling) - 2 bedrooms, 1 car parking space

• This two-bedroom dwelling will have an entry with a covered porch facing Royal Avenue;

• The ground floor level contains a living room, kitchen, water closet and laundry;

• The first floor level contains one bedroom with ensuite, a second bedroom with a separate bathroom and linen and a balcony overlooking the street;

• A single garage is incorporated in the design and attached to the west wall of the dwelling;

• The garage will be accessed via the common accessway and crossover;

• Storage area would be contained separately outside and within the site;

• Private open space is to the northern side of the dwelling (23.4m²), with additional open space area in excess of 60m² towards the frontage of the site with a deck within the SPOS; and

• A clothesline and bins will be contained within the open space area.

Dwellings 2 and 3 (Double storey dwellings) – Each 2 bedrooms, 1 car parking space

• Each of these two dwellings contains two bedrooms;

• The dwellings have outlook to the common accessway;

• Ground floor level contains a bedroom, laundry, bath and water closet;

• First floor contains one ensuite, lounge, kitchen, and a screened balcony with approximate area of 10m²;

• All of the bedrooms have walk-in wardrobes;

• Storage area to be contained within the garage of Dwelling 2 whilst in the case of Dwelling 3 it will be located within the dwelling but accessed from the outside;

• A porch element defines the entry; and



Page 9049

• Each dwelling is associated with a single garage which has a partial overhang of the first floor.

• Secluded private open space is provided by way of balconies of approximately 10 square metres. Service yards of approximately 5 square metres are provided at ground level.

Dwelling 4 (Double storey dwelling) – 2 bedrooms, 1 car parking space

• The dwelling contains two bedrooms an ensuite and a separate bathroom for the second bedroom and a living room at the first floor level;

• The ground floor contains a lounge, kitchen, laundry, and water closet;

• An attached single garage accessed from the common driveway;

• Storage, clothesline and bins area are located within the POS; and

• Secluded private open space area of 40.7m².

General

• The dwellings would be constructed with brick at the ground level and roofed with concrete tiles;

• The first floor level of the two storey dwelling would be clad with rendered polystyrene;

• The dwellings would have pitched roof with the garages having flat roofs;

• The existing vehicle crossover would be retained and accessed along the northern boundary;

• A new 1.8m high timber fencing will be constructed along the external side and rear boundaries; and

• The common accessway will be shared with Dwellings 1, 2, 3 and 4.

A copy of the submitted plans is included as Attachment 2.




Pursuant to the Greater Dandenong Planning Scheme, a planning permit is required:

• To construct two or more dwellings on a lot under Clause 32.02-4 of the Residential 2 Zone.




Page 9050

Zoning Controls The site is located within a Residential 2 Zone under the provisions of the Greater Dandenong Planning Scheme as is the surrounding land. The purpose of the Residential 2 Zone pursuant to Clause 32.02 is to:

• Implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and Local planning policies;

• Provide for residential development at medium or higher densities to make optimum use of the facilities and services available;

• Encourage residential development that respects the neighbourhood character; and

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

Pursuant to Clause 32.02-4, a permit is required to construct two or more dwellings on a lot. The objectives, standards and decision guidelines of Clause 55 of the Scheme are to be used in the assessment of applications under this Clause.

Overlay Controls No overlay is applicable to the site.

State Planning Policy Framework The proposal complies with the following objectives contained within the State Planning Policy Framework: Clause 15 of the Scheme looks at Built Environment and Heritage, with the Urban Environment focused on under Clause 15.01. Relevant objectives of that Clause to be considered include:

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

• To improve community safety and encourage neighbourhood design that makes people feel safe.

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

Housing, which is of particular relevance to this application, is considered under Clause 16 of the Scheme. It is considered the application complies with the following objectives relating to Residential Development outlined at Clause 16.01 to be considered include:

• To promote a housing market that meets community needs.

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

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

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



Page 9051

Local Planning Policy Framework The Local Planning Policy Framework (LPPF) includes the Municipal Strategic Statement (MSS) and Local Policies. The proposal complies with the following local planning policies: The Vision for Greater Dandenong is outlined at Clause 21.03. Amongst others, the vision is that Greater Dandenong will be a municipality where housing diversity and choice is promoted in its various attractive neighbourhoods. Under Clause 21.05 – Built Form the matters of: urban design, character, streetscapes and landscapes; and, sustainability, amongst others, are covered. It is noted that within that Clause the identification of preferred character areas and the incorporation of clear policy directions with regard to building types and design elements appropriate to the particular character is noted as important in facilitating the achievement of attractive and sustainable built form. Relevant objectives and strategies of Clause 21.05-2 relating to the matter of urban design, character, streetscapes and landscapes, include: 1. To facilitate high quality building design and architecture.

1.1 Ensure building design is consistent with the preferred character of an area and fully integrates with surrounding environment.

1.2 Encourage high standards of building design and architecture, which allows for flexibility and adaptation in use.

1.3 Encourage innovative architecture and building design. 2. To facilitate high quality development, which has regard for the surrounding environment

and built form. 2.1 Promote views of high quality landscapes and pleasing vistas from both the private and public realm. 2.4 Encourage developments to provide for canopy trees. 2.5 Recognising valued existing neighbourhood character and promoting desired future

character as defined in the Residential Development and Neighbourbood Character Policy at Clause 22.09.

3. To improve the quality, consistency and function of the city’s environment. 3.3 Apply the Residential and Neighbourhood Character Policy at Clause 22.09. 6. To ensure that design of the public and private environment supports accessibility and

healthy living. 6.2 Encourage new developments to provide for safe environments.

6.3 Ensure that all new developments accord with and embrace universal design principles outlined in Council’s ‘Access and Inclusion Strategy for people with Disabilities 2004-2008’.

7. To protect and improve streetscapes. 7.1 Ensure new developments improve streetscapes through generous landscape

setbacks and canopy tree planting. 7.2 Ensure landscaping within private property that complements and improves the

streetscapes and landscaping of public areas. 8. To ensure landscaping that enhances the built environment.

8. Encourage new developments to establish a landscape setting, which reflects the local and wider landscape character.



Page 9052

Under Clause 21.07 – Infrastructure and Transportation matters of physical, community and cultural infrastructure and public transport, amongst others, are covered. Relevant objectives and strategies of Clause 21.07-2 relating to the matter of public transport include:

1.1 Encourage development in locations which can maximise the potential use of public transport.

1.2 Encourage medium-density housing and mixed use development to locate: - near activity centres which have access to public transport, or - are within walking distance (300m) of the Principal Public Transport Network

(PPTN). Clause 22.09 – Residential Development & Neighbourhood Character Policy is of particular relevance to this application. The objectives of that Policy are:

• To guide the form of residential development that occurs in residential areas throughout Greater Dandenong, having regard to metropolitan policies and planning policies concerning urban form and housing, while respecting valued characteristics of residential neighbourhoods throughout the municipality.

• To promote a range of housing types, in appropriate locations, to accommodate the future needs of the municipality’s changing population.

• To improve the quality and standard of residential development that occurs throughout Greater Dandenong and the quality, sustainability and standard of on site landscaping provided in residential developments.

• To encourage high quality, creative and innovative design that makes a positive contribution to the streetscape.

• To encourage varied forms and intensities of residential development in appropriate locations throughout Greater Dandenong, having regard to metropolitan policies promoting urban consolidation and increased densities, and existing neighbourhood character.

• To encourage higher densities and forms of development in preferred strategic locations that have good access to existing public transport and the Proposed Public Transport Network (PPTN), commercial, community, educational and recreational facilities.

• To ensure that the siting and design of new residential development takes account of its interface with existing residential development on adjoining sites and responds to the individual circumstances of its site and streetscape it is located within.

• To implement the City of Greater Dandenong Neighbourhood Character Study (Sept 2007).



Page 9053

The Policy identifies three (3) areas of change to occur within the residential areas of the municipality – substantial, incremental and limited change, with those areas relating to Residential 2, Residential 1 and Residential 3 zoned areas respectively. Under this policy, the subject site is located in a Substantial Change Area where apartments and town houses are preferred. Clause 22.09-3.1 provides design guidelines, some of which also relate to the variances to the requirements of standards to Clause 55 under the Schedule to the Residential 2 Zone. The guidelines consider matters such as: housing form; height; bulk; site coverage; permeable site area; front setback; side and rear setbacks; private open space; car parking; landscaping; and, front boundary treatment. Clause 22.09-3.4 identifies that apartments and townhouses are the preferred housing styles within areas of Substantial Change. The City of Greater Dandenong Neighbourhood Character Study (Sept 2007) is listed as a reference document at Clause 22.09-6. Clause 22.10 - Springvale Activity Centre Local Planning Policy This policy encourages appropriate higher density housing options to support the commercial component of the activity centre. Clause 22.10-3 – Housing notes that the proposed development would support the housing objectives for the following reasons:

• It provides for new higher density residential development close to the Activity Centre and within close proximity of public transport networks, encouraging the use of walking and public transport as modes of travel, thus reducing the need for car travel.

• It will make a positive contribution to the streetscape and urban character of the street through quality design.

• It will make a positive contribution to the vibrant character and social amenity of the area.

Particular Provisions Clause 55 – Two or more dwellings on a lot and residential buildings, details the provisions which relate to an application for residential development. Its purpose includes:


• To achieve residential development that respects the existing neighbourhood character or which contributes to a preferred neighbourhood character.

• To encourage residential development that provides reasonable standards of amenity for existing and new residents.

• To encourage residential development that is responsive to the site and the neighbourhood.

Under this Clause, the objectives must be met, and the standards should be met as a means of meeting the objectives.



Page 9054


There are no restrictive covenants affecting the site, and the applicant has provided a declaration to confirm this.



Community Safety

It is considered that there would be no adverse community safety implications in permitting the proposal subject to strict conditions on any planning permit issued.



Referrals


Internal The application was internally referred to Council’s Arborist, whose comments will be included in the assessment of the application.

Advertising

Whilst advertising of this application was not required to be undertaken pursuant to Clause 32.02-4 of the Greater Dandenong Planning Scheme, in accordance with Council Policy notification of the application was undertaken by way of letters sent to the owners and occupiers of surrounding land. This allowed people to put in submissions if there were any concerns relating to the proposal. Three submissions were received, including a petition. The locations of the submitters and petitioners are shown in Attachment 2.

Consultation

A consultative meeting was scheduled to be held on 9 August 2011. Whilst the applicant and Council representatives were in attendance, none of the submitters or petitioners attended. Thus, the issues were not discussed, and the application has not been amended. Therefore in accordance with Council Policy, as no further correspondence has been received from any submitter then the submissions stand as received.



Page 9055

Summary of Grounds of Submissions

The submissions are summarised below (bold), followed by the Town Planner’s Response (in italics). Where appropriate, the issues raised have been discussed together. 1. The proposal will bring extra traffic and will result in traffic congestion to the

area

The requirements of the Greater Dandenong Planning Scheme need to be considered when deciding any application. The issues of car parking has been considered in this application to determine whether the proposal will meet the car parking requirement specified in the scheme provisions without being detrimental to the surrounding area. Standard B16 (Car Parking Objective) of Clause 55.03-11 of the Greater Dandenong Planning Scheme requires one car space to be provided for a one or two bedroom dwelling, two car spaces for a three or more bedroom dwelling and a visitor car space for every five dwellings. Each of the proposed dwellings would have two bedrooms and would be provided with a car space each. The number of car parking spaces provided for each dwelling meets the requirements of Clause 55 for the number of dwellings proposed. It was noted that Dwelling 4’s first floor ‘living room’ was mistakenly labelled a ‘study’. This error has been rectified. It is noted that as this room is opened it could not be utilised as a future bedroom or study which would require additional car space to be provided for the dwelling. Given that this area is in the Residential 2 Zone, some additional traffic is anticipated from the new developments. It is considered that the traffic generated by the proposed four unit development will not be excessive, and that the surrounding street network would be able to cater for the proposed development. Furthermore, the site is within easy walking distance of public transport links. As the proposal does not rely on on-street parking, it is considered that the increase in traffic is acceptable and that the increase in traffic congestion concerns raised by the objector are not a reason to refuse a development of this size and nature.

2. The proposed development would result in deterioration of the neighbourhood

and quality of the streetscape. The immediate surrounding properties consist of a mix of single-storey or double storey detached dwellings, single-storey or double-storey multi unit developments. The adjoining land to the north and west are single storey dwellings on a lot whilst the land to the south and opposite are large double storey dwellings. Double storey dwellings are generally common and single storey and double storey multi-unit exist on the street, increasingly being developed on the street or the adjoining streets. The style of housing in the neighbourhood is varied and the streetscape is not homogenous.



Page 9056

The site is zoned Residential 2 where substantial change is encouraged under Clause 22.09-3.1 (Residential Development and Neighbourhood Character Policy) of the Local Planning Policy Framework and under the Springvale Activity Centre Local Planning Policy. The proposed two storey development is considered appropriate for the site and consistent with the future emerging character of the area.

3. The proposed development would result in extra noise in the area

Noise generated from the proposed development will be typical residential noise. It is considered that the proposed development would not result in any substantial noise in the area, and no evidence has been provided to suggest that this four unit development would have any adverse noise impacts.

4. The proposal would generate litter, increase anti-social behavior including poor

level of hygiene, drug and crime rate and turn Springvale into a ghetto. Multi-unit developments are unattractive, not ideal living spaces for either people or pets.

The MSS encourages a diversity of housing stock and a range of quality housing to meet the future needs of the population. Multi-units development are an established solution to housing the increase population and whilst they may not be attractive to some sections of the population, they serve to solve housing deficiency in an area and are an attractive housing option for many people in Dandenong.

Traffic, litter, noise, improper disposal of waste, drug and crime were cited by submitters as problems currently associated with the area and increasingly with multi-unit development. There is no evidence that suggests multi-unit developments results in anti social problems to a greater or lesser degree than single dwellings. Thus, there is no justification to attribute anti-social behaviour to the increase development of multi-units.

Assessment

The proposal is considered to respect State and Local policies, whilst providing for residential development which contributes to further urban consolidation and providing a range of housing options for the community in a sustainable location. Those policies however also seek to ensure that development is respectful of the neighbourhood character, seek a high standard of design and improve the quality of streetscapes, particularly with regard to Clause 21.05 of the Greater Dandenong Planning Scheme. These matters will further be considered under the Clause 55 Assessment.

Clause 55 Assessment The proposed development has been assessed in accordance with Clause 55 – ‘Two or More Dwellings on a Lot and Residential Buildings’ including the Schedule to the Residential 2 Zone which is in tabular form (Attachment 3). This assessment showed that the proposal is consistent with the objectives within this Clause, except the following instances:



Page 9057

Standard B12 – Safety The sill height of two windows of Dwellings 2 and 3 abutting the common accessway is noted to be too high thus hindering visibility from these dwellings to the common accessway. To activate the front facades of these dwellings, it is recommended that each dwelling have a window sill height of 1.4m above the natural ground level. Also, security lighting will be required along the common accessway and dwelling frontages would be required to improve visibility of the driveway at night. This matter can be rectified through condition on any permit issued. Standard B13 - Landscaping A detailed landscape plan has not been submitted with the application. Landscaping along the common accessway would be required to be increased via permit condition by reducing the paved accessway width to 2.7m, thus increasing the landscaping strips abutting the common accessway. This landscape setback must also be 0.5mto allow for sustainable plantings. However, sufficient space for good quality landscaping can be provided and made a condition of any permit issued. Standard B18 – Walls on boundaries Walls are proposed on the boundaries on Dwelling 1’s kitchen, laundry and water closet, three of the rear of the garages and Dwelling 4’s water closet. A total of 19.02m of wall is proposed on the southern boundary. The maximum permissible length of walls on each of this boundary is 18.93m. It is considered that the excess of 0.09m over the maximum is marginally too small to require changes to be made to these walls. It is recommended that the proposed walls on boundary to be retained as it would not result in unacceptable material amenity detriment to the adjacent neighbour and the objective of Clause 55.04-2 is still achieved. It is therefore considered appropriate.

Clause 22.09 Residential Development & Neighbourhood Character Policy Clause 22.09-3.1 provides design guidelines, some of which also relate to the variances to the requirements of the standards within Clause 55 and the Schedule to the Residential 2 Zone. Under this policy, the subject site and surrounding land are located within a Substantial Change Area where development of apartments and town houses are encouraged. The proposed development is considered as apartment style which is a preferred development type in this location.



Page 9058

An assessment of the proposal against the guidelines is provided below: Design Guidance Response

Housing type

A higher proportion and intensity of medium density infill development than in incremental and limited change areas.

Complies. The proposed development comprise of four double storey attached dwellings and is appropriate for the future character of the area.

Height

Outside the Dandenong residential periphery – Up to 3 storeys, with 4 storeys a possibility where appropriate considering its interface with existing residential development, response to site circumstances and streetscape.

Complies. The proposed building is two storeys and is consistent with the design guidelines on height.

Bulk

Building bulk and height can be relatively uniform throughout the depth of sites, provided appropriate articulated building elevations and well proportioned ground level setbacks are provided at the front, side and rear of buildings to allow for substantial landscaping to soften the built form. Avoid a tiered approach at upper levels. No need for separation between upper levels of dwellings on a site, as is the case in incremental and limited change areas, provided the building portrays a high standard of design and does not result in unreasonable amenity impacts.

Acceptable. The proposed dwellings are well articulated and appropriately setback on all elevations. It is however noted that due to building the south boundary, the maximum landscape setback is between 1m and 1.2m where there is no wall on boundary at the ground level. On the first floor level however, the setback is increased to a maximum of 2.61m which is considered appropriate. Due to the irregular shaped nature of the lot and the zoning of the site as Residential 2 or Substantial Change Area, the proposed substantial landscaping provided to the front and rear setbacks are considered to be appropriate and would compensate for the minimal planting along the southern side. The front and rear setback however, would be able to contain substantial landscaping including canopy trees thus compensating for other areas lacking landscaping to soften the built form.

Site Coverage Up to 70%

Complies. 46.1% proposed.



Page 9059

Permeable site area 20%

Complies. 26.4% proposed.

Front setback As per Clause 55 or 5 metres, whichever is the lesser

Complies. A front setback of 5m is proposed.

Side and rear setback As per Clause 55

Acceptable. This has been discussed under the Assessment to Clause 55.

Private open space As per Clause 55

Complies. This has been discussed under the Assessment to Clause 55.

Car parking

For more intensive developments comprising dwellings without a ground level component - basement or in building car parking. For developments comprising dwellings with a ground level component - garages and parking areas located behind buildings, generally hidden from view.

Complies. The proposed car spaces would be to the rear of the site and not visible from the street.

Landscaping 70% of ground level front setback planted with substantial landscaping and canopy trees.

Complies The proposed 3.04m wide driveway and a pedestrian path to the front dwelling pedestrian path would form 25% of the street frontage, leaving 75% of landscaping more than the required under the guideline. Pedestrians would be able to share the driveway with vehicles accessing the site as only four dwellings are to be developed on the site.

Front boundary

Open or low scale front fences not to exceed 1.5 metres for streets in Road Zone Category 1 and 1.2m for other roads to allow a visual connection between landscaping in front gardens and street tree planting. Second crossovers on allotments with frontage widths below 17m will be discouraged.

Complies. A 1.2m high brick and pier fence is proposed for the front boundary and this is considered appropriate. The development proposes to utilise the existing vehicle crossover.



Page 9060

Waste Collection The proposal is for only four dwellings therefore bins will be able to be contained on the road reserve for municipal waste on collection day.

Vegetation & Tree Impact (Site & Surrounds) The site is currently vacant with no significant vegetation on the site or in the surrounding boundary areas.

Aboriginal Cultural Heritage Sensitivity The subject site is not located within an area of Aboriginal Cultural Heritage Sensitivity.

Proposed Planning Scheme Amendments There is no proposed Planning Scheme Amendment applicable to this site.

Conclusion

As assessed, the proposal is consistent with and appropriately responds to the provisions of the Greater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy for residential development in this area, with this report recommending that the application be supported. Accordingly, as the site is in a Residential 2 Zone and the submitters have no appeal rights, a Notice of Decision cannot be required. Therefore, it is recommended that a Permit be issued with appropriate conditions.

Recommendation That Council resolves to GRANT a permit in respect of the land known and described as No. 32 Royal Avenue, Springvale, for the purpose of the construction of two or more dwellings on a lot in accordance with the plans submitted with the application subject to the following conditions:

1. Before the development starts, two (2) copies of amended plans drawn to scale and dimensioned, must be submitted to the Responsible Authority for approval. No buildings or works must be commenced until the plans have been approved and endorsed by the Responsible Authority. The endorsed copy of the plans forms part of this permit.

The plans must be in accordance with the plans submitted with the application, but modified to show:

1.1. Sensor lighting or similar at the entries of the dwellings and along the

common accessway. 1.2. The shared accessway with a paved width of 2.7 metres, with landscaping

subsequently increased fully along the north side boundary. The landscape buffer must be at least 0.5m wide.



Page 9061

1.3. The window sill height of bedroom 2 of Dwellings 2 and 3 decreased to 1.4m above natural ground level with abutting landscaping strip for Dwelling 3 only increased to 1m wide;


2. Prior to the endorsement of plans under Condition 1, a landscape plan must be

submitted to the Responsible Authority for approval. When approved, the plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions and two (2) copies must be provided. The landscaping plan must be prepared by a suitably qualified person, and must show:

2.1. The site at a scale of 1:100, including site boundaries, existing and

proposed buildings, neighbouring buildings, car parking, access and exit points, indicative topography and spot levels at the site corners, existing and proposed vegetation, nature strip trees, easements and landscape setbacks;

2.2. Legend of all plant types, surfaces, materials and landscape items to be used including the total areas of garden and lawn;

2.3. A plant schedule giving a description of botanical name, common name, mature height and spread, pot size, purchase height (if a tree) and individual plant quantities;

2.4. At least two advanced canopy trees with minimum planting height of 1.5 metres within the front yard of Dwelling 1, with one tree each in the secluded open space areas of Dwellings 1 and 4;

2.5. Additional shrubs and planting provided within the landscaping strips abutting the common accessway.


3. The layout of the site and size, design and location of the buildings and works

permitted must always be in accordance with the endorsed plans, unless with the written consent of the Responsible Authority.

4. Once the development has started, it must be continued and completed in

accordance with the endorsed plans, to the satisfaction of the Responsible Authority.

5. The dwellings hereby approved must not be occupied until all buildings and

works and the conditions of this permit have been complied with, unless with the written consent of the Responsible Authority.

6. Provision must be made for the drainage of the site including landscaped and

pavement areas, all to the satisfaction of the Responsible Authority. 7. Stormwater discharge is to be retained on site to the pre-development level of

peak stormwater discharge, to the satisfaction of the Responsible Authority.



Page 9062

8. All piping and ducting above the ground floor storey of the building, except for downpipes and spouting, shall be concealed to the satisfaction of the Responsible Authority.

9. Service units, including air conditioning/heating units, must not be located on

any of the balcony areas or where they will be visible from any public area. 10. All boundary walls in the development must be constructed, cleaned and

finished to the satisfaction of the Responsible Authority.

11. Prior to the occupation of the dwellings hereby permitted, all landscaping as shown on the endorsed plans, including trees, shrubs and lawn, shall be planted and thereafter maintained, to the satisfaction of the Responsible Authority.

12. All new external boundary fencing required for under this development shall be

constructed at the cost of the owner/developer of No. 32 Royal Avenue, Springvale, to the satisfaction of the Responsible Authority.


13.1. The development does not start within two (2) years of the date of this permit, or

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


Notes A Building Approval is required prior to the commencement of the approved

development. Approval of any retention system within the property boundary is required by the

relevant building surveyor. Before commencement of the development occurs, the applicant should contact

the City of Greater Dandenong’s Civil Development and Design Unit regarding legal point of discharge, new crossings, building over easements, etc.

Any future subdivision of the land must have regard to relevant building

requirements, including the fire rating of any wall openings or structures located on boundaries.



Page 9063

MINUTE 1084 Moved by: Cr Loi Truong Seconded by: Cr Pinar Yesil That Council resolves to GRANT a permit in respect of the land known and described as No. 32 Royal Avenue, Springvale, for the purpose of the construction of two or more dwellings on a lot in accordance with the plans submitted with the application subject to the following conditions:



1.1 Sensor lighting or similar at the entries of the dwellings and along the

common accesway. 1.2 The shared accessway with a paved width of 2.7 metres, with landscaping

subsequently increased fully along the north side boundary. The landscape buffer must be at least 0.5m wide.

1.3 The window sill height of bedroom 2 of Dwellings 2 and 3 decreased to 1.4m above natural ground level with abutting landscaping strip for Dwelling 3 only increased to 1m wide;


2. Prior to the endorsement of plans under Condition 1, a landscape plan must be

submitted to the Responsible Authority for approval. When approved, the plan will be endorsed and will then form part of the permit. The landscape plan must be drawn to scale with dimensions and two (2) copies must be provided. The landscaping plan must be prepared by a suitably qualified person, and must show:

2.1 The site at a scale of 1:100, including site boundaries, existing and

proposed buildings, neighbouring buildings, car parking, access and exit points, indicative topography and spot levels at the site corners, existing and proposed vegetation, nature strip trees, easements and landscape setbacks;

2.2 Legend of all plant types, surfaces, materials and landscape items to be used including the total areas of garden and lawn;

2.3. A plant schedule giving a description of botanical name, common name, mature height and spread, pot size, purchase height (if a tree) and individual plant quantities;

2.4. At least two advanced canopy trees with minimum planting height of 1.5 metres within the front yard of Dwelling 1, with one tree each in the secluded open space areas of Dwellings 1 and 4;



Page 9064

2.5. Additional shrubs and planting provided within the landscaping strips abutting the common accessway.


3. The layout of the site and size, design and location of the buildings and works

permitted must always be in accordance with the endorsed plans, unless with the written consent of the Responsible Authority.

4. Once the development has started, it must be continued and completed in





pavement areas, all to the satisfaction of the Responsible Authority. 7. Stormwater discharge is to be retained on site to the pre-development level of

peak stormwater discharge, to the satisfaction of the Responsible Authority. 8. All piping and ducting above the ground floor storey of the building, except for

downpipes and spouting, shall be concealed to the satisfaction of the Responsible Authority.

9. Service units, including air conditioning/heating units, must not be located on

any of the balcony areas or where they will be visible from any public area. 10. All boundary walls in the development must be constructed, cleaned and


11. Prior to the occupation of the dwellings hereby permitted, all landscaping as shown on the endorsed plans, including trees, shrubs and lawn, shall be planted and thereafter maintained, to the satisfaction of the Responsible Authority.

12. All new external boundary fencing required for under this development shall be

constructed at the cost of the owner/developer of No. 32 Royal Avenue, Springvale, to the satisfaction of the Responsible Authority.


13.1 The development does not start within two (2) years of the date of this permit, or

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




Page 9065


development. Approval of any retention system within the property boundary is required by the

relevant building surveyor. Before commencement of the development occurs, the applicant should contact

the City of Greater Dandenong’s Civil Development and Design Unit regarding legal point of discharge, new crossings, building over easements, etc.

Any future subdivision of the land must have regard to relevant building

requirements, including the fire rating of any wall openings or structures located on boundaries.

CARRIED

Cr Maria Sampey left the Chamber at 7.35pm.



Page 9066





Page 9067

6.4.5 Town Planning Application - No. 171-197 Hammond Road, Dandenong South (Planning Application No. PLN10/0420)

Attachments: Location of Objectors Submitted Plans


Application Summary

Applicant: KLM Spatial Proposal: To construct buildings and works and to use part of the site for

the purpose of Industry (Food Production), with a reduction of the car parking requirement for Industry pursuant to Clause 52.06 of the Greater Dandenong Planning Scheme.

Zone: Industrial 1 Zone Overlay: Not applicable Ward: Red Gum The application proposes to develop and use part of the site at 171-197 Hammond Road, Dandenong South for the construction of buildings and works and the use of the land for the purpose of Industry (Food Production), with a reduction of the car parking requirement. It is noted that the proposed use is for the production of pet/animal foods. Pursuant to the Greater Dandenong Planning Scheme, a permit is required to use the land for the purpose of Industry (Food Production), which comprises a Note 1 in the table to Clause 52.10 (Clause 33.01-1), construct buildings and works (Clause 33.01-4) and reduce the car parking requirement (Clause 52.06-1).

Objectors Summary

The application was advertised through the mailing of notices to adjoining and surrounding owners and occupiers. Two (2) objections were received to the application. Issues raised generally relate to matters of:

• Odour; • Health impacts from vermin and sonic pitch; • Effects of humidity from the manufacturing process on the structures of nearby

factories; and • Property devaluation.


As assessed, the proposal is consistent with and appropriately responds to the provisions of the Greater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy for industrial development in the area with this report recommending that the application be supported, that a Permit be granted and a Notice of Decision (which provides appeal rights to objectors) to grant a permit be issued containing the conditions as set out in the recommendation.


Town Planning Application - No. 171-197 Hammond Road, Dandenong South (Planning Application No. PLN10/0420) (Cont.)

Page 9068


Subject Site The application area forms part of the subject site at 171-197 Hammond Road, Dandenong South. The overall site is rectangular in shape and is located on the eastern side of Hammond Road between Rodeo Drive in the north and Rhur Street in the south and has a western frontage to Hammond Road of approximately 200 metres and a depth of approximately 405 metres which gives it an area of approximately 81,000m² or 8.1 hectares. The eastern half of the overall site is mostly cleared and vacant (with the exception of one building and scattered vegetation), whilst the western half contains buildings, a stand of trees fronting Hammond Road, as well as the car parking areas. The two (2) existing buildings which form the application area are located in the southern part of the site and are referred to as ‘Buildings B and C’. These buildings are currently leased by KS Urban Mining Pty Ltd, who are the applicants in the proposal being assessed. It is noted that there are twenty-four (24) car parking spaces within the application area (also being leased by KS Urban Mining Pty Ltd) to the immediate north of Buildings B and C. Surrounding Area The subject site is located within an established industrial area which is bounded by the Dandenong Southern Bypass to the north, Hammond Road to the west, Greens Road to the south and Frankston-Dandenong Road to the east. The surrounding area accommodates a variety of light and general industrial uses.



Page 9069

Locality Plan

Subject Site Melway Ref: 95 C1

Please refer to the following locality map for the location of the subject site and its surroundings:

N

Background

Previous Applications A search of Council records indicates that the existing buildings on the subject site were first constructed in 1976 and were previously occupied by ‘General Electric’. Council has previously considered the following planning applications for the overall site:

• Planning Permit No. 1999/186 was issued on 11/05/1999 for a ‘Silo’. • Planning Permit No. 1999/477 was issued on 30/08/1999 for ‘Buildings and Works

(Industrial Building). • Planning Permit No. PLN02/0197 was issued on 24/05/2002 for an ‘Extension of the

existing building, all in accordance with the endorsed plans’. It is unclear whether this permit was acted upon.

• Planning Permit Application No. PLN10/0550 for the ‘Storage of vehicles, machinery

and plant’ was lapsed on 20/12/2010, due to the applicant’s failure to provide the further information requested by Council within the statutory timeframe.



Page 9070

Subject Application The current application was lodged as a result of enforcement action from Council’s Planning Compliance Unit as the proponents had commenced the use of the land for pet food production without a planning permit. Planning Compliance File No. PLC10/0253 commenced on 01/06/2010. Some of the areas of non-compliance with the planning scheme raised as part of the enforcement action include adverse amenity issued from the emission of odours from the existing use, the lack of planning approval for the use and for illegal works comprising the installation of plant and equipment.

Proposal

The application proposes the construction of buildings and works and the use of part of the site for the purpose of Industry (Food Production) with a reduction in the car parking requirements of Clause 52.06. Use of the Land The premises are to be used for the production of pet/animal food. The information submitted by the applicant states that the pet food products are made from bread and other waste human food products that are surplus to the daily output of various factories. It is relevant to note that the waste human food product is not garbage, but the surplus of daily output by factories producing food for human consumption. Waste human food products are transported to the site in bulk bins or on pallets. These products are stored internally in heavy duty concrete bins. The waste human food product is then broken down by mechanical means. Any plastic or incompatible material is removed by sieving the broken down packaged food products. It is heated and combined with additives before being pelletised and stored in silos as the final product. This product is then sold by wholesale and transported off the site by trucks. Any of the waste plastic or cardboard will then be sent to the appropriate recyclers. The process would appear to be fairly simple from a lay person’s perspective but it does generate a need for more plant to be constructed externally. A total of four (4) staff members would be employed by the subject premises. Buildings and works The application proposes works to the existing buildings on the site as follows:

• A dryer/indirect gas fired air heater with a maximum height of 15 metres between Buildings B and C;

• A 10,000 litre diesel tank surrounded by a bund and two (2) 500 litre LPG tanks surrounded by a vehicle barrier, to the north of the north-west corner of Building C.

• A new doorway on the northern side of Building C.

• Concrete bunkers within Building C along its eastern side;



Page 9071

• A ‘Presorting Screen’ within Building C in the south-central portion of the building;

• A ‘Light rejects line’ within Building C along its southern side;

• A ‘Heavy rejects line’ within Building C to the immediate north of the ‘Presorting Screen’;

• A Storage Hopper within Building C in the south-west corner;

• An ‘Inspection Line’ within Building C to the immediate north of the Storage Hopper;

• A ‘Packaging removal screen’ within Building C in the centre of the building;

• A ‘Packaging collection system’ within Building C to the immediate south of the ‘Packaging removal screen’.

• A ‘Rotary Dryer’ within Building C along the western side of the building;

• A ‘Final screening, blending and pelletising area’ within Building C in the north-west portion of the building;

• Bulk Storage Bins within Building C in the north-central portion of the building;

• Five (5) Stockfeed Storage Silos with a maximum height of 6 metres to the east of Building C; and

• A Stockfeed Bulk Truck Loading System with a maximum height of 10.9 metres to the east of the storage silos.





Pursuant to the Greater Dandenong Planning Scheme, a planning permit is required: • Under Clause 33.01-1 for the use of the land for the purpose of an Industry which

comprises a Note 1 in the table to Clause 52.10.

• Under Clause 33.01-4 for the construction of works.

• Under Clause 52.06-1 for a reduction of the car parking requirement for an Industry.


Zoning Controls The subject site is located in an Industrial 1 Zone, as is the surrounding area to the north, east and south. Hammond Road to the west is located in a Road Zone Category 2, with land beyond that zoned Industrial 3. The purpose of the Industrial 1 Zone outlined at Clause 33.01 is:




Page 9072

• To provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.

Pursuant to Clause 33.01-1 an Industry is a permit not required (Section 1) use subject to meeting conditions including: • It must not be a purpose shown with a Note 1 or Note 2 in the table to Clause 52.10;

It is noted in the application that the site will be used for the manufacture of animal food which is made from bread and packaged food products that is surplus to the daily output of various food manufacturing industries. The use of the land for ‘Food or beverage production other than those listed within this group’ is shown with a Note 1 in the table to Clause 52.10 of the Greater Dandenong Planning Scheme. Land uses shown with a Note 1 are those considered to have a potential to cause adverse amenity impacts on the neighbourhood and need to be separated from sensitive land uses. The threshold distance for land uses with a Note 1 in the table to Clause 52.10 is variable, dependent on the processes to be used and the materials to be processed or stored. In this case, a permit is required to use the subject site for Animal Food Manufacturing as it is a land use which has a Note 1 under the table to Clause 52.10. Application requirements and decision guidelines for applications relating to the use of land are listed at Clause 33.01-2. Pursuant to Clause 33.01-4 a permit is required to construct a building or to construct or carry out works. That Clause continues to state the application requirements and decision guidelines for such applications, along with exemptions from notice and review. Overlay Controls No overlays affect the subject site or surrounding area. State Planning Policy Framework The Operation of the State Planning Policy Framework outlined at Clause 10 seeks to ensure that the objectives of planning in Victoria are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development. The objectives of Planning in Victoria are noted as: (a) To provide for the fair, orderly, economic and sustainable use, and development of



for all Victorians and visitors to Victoria.



Page 9073



(b), (c), (d) and (e). (g) To balance the present and future interests of all Victorians. In order to achieve those objectives, there are a number of more specific objectives contained within the State Planning Policy Framework that need to be considered under this application. Clause 14 of the Scheme focuses on Natural Resource Management, which should be considered broadly under this application. Clause 14.02 – Water is of particular relevance with the following objectives to be considered:

• To protect water quality.

• To ensure that water resources are managed in a sustainable way.

Strategies of those objectives seek to ensure that land use and development are appropriately sited to not affect waterways and also to encourage the use of rainwater tanks, recycled water, etc. in developments. Clause 15 of the Scheme looks at Built Environment and Heritage, with the Urban Environment focused on under Clause 15.01. Relevant objectives of that Clause to be considered include:


• To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

It is noted that under Clause 15.01-2, relating to Urban Design Principles, design principles to be considered for development proposals for non-residential development or those residential developments not covered by Clauses 54, 55 or 56 are listed. Clause 15.02 – Sustainable Development is also of relevance to this application, with the following objective relating to Energy and Resource Efficiency at Clause 15.02-1 having to be considered: To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. Economic Development is of particular relevance to this application, with that outlined at Clause 17 of the Scheme. Under that matter Industry is focused on at Clause 17.02 with the objectives of that Clause being:

• To ensure availability of land for industry.



Page 9074

• To facilitate the sustainable development and operation of industry and research and development activity.

• To protect industrial land of State significance.

• To create opportunities for innovation and the knowledge economy within existing and emerging industries, research and education.

It is particularly noted that under Clause 17.02-3 relating to State Significant Industrial land, that Dandenong South within the municipality is noted as being one of the areas of state significance that needs to be protected to ensure that there is availability of land for major industrial developments and uses that require significant threshold distances from sensitive or incompatible uses. The matter of Transport is considered at Clause 18, with Integrated Transport focused on under Clause 18.01. A relevant objective of that Clause which needs to be considered under this application includes that listed at Clause 18.01-1 relating to Land Use and Transport Planning, with that objective: To create a safe and sustainable transport system by integrating land-use and transport. Movement Networks at Clause 18.02 should also be considered with the following objectives to be considered:

• To integrate planning for cycling with land use and development planning and encourage as alternative modes of travel.

• To ensure an adequate supply of car parking that is appropriately designed and located.

With Infrastructure considered at Clause 19, the broad objectives of Clause 19.03 relating to Development Infrastructure should be considered. Those objectives include:

• To plan for the provision of water supply, sewerage and drainage services that efficiently and effectively meet State and community needs and protect the environment.

• To reduce the impact of stormwater on bays and catchments.

• To avoid, minimise and generate less waste to reduce damage to the environment caused by waste, pollution, land degradation and sustainable waste practices.

Local Planning Policy Framework The Local Planning Policy Framework (LPPF) includes the Municipal Strategic Statement (MSS) and Local Policies. The MSS is contained within Clause 21 of the Scheme. The MSS at Clause 21.02 focuses on the Municipal Profile, within which the following is noted:

• Greater Dandenong is a net provider of jobs, providing the third highest number of jobs in metropolitan Melbourne, with the employment sector largely orientated towards the manufacturing occupations. Within metropolitan Melbourne, in terms of



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job stock Greater Dandenong is ranked first in manufacturing, second in storage, third in road transport and fourth in wholesale trade (Clause 21.02-1).

• Greater Dandenong is one of Australia’s premier industrial regions with exporting strengths in manufacturing, wholesale trade and transport and storage (Clause 21.02-2).

• Eastlink and the Dingley Freeway reservation, which provides the opportunity for the linking of major roads, is expected to result in significant expansion and enhancement to the municipality’s transport network and will further improve the strategic regional position of Greater Dandenong (Clause 21.02-2).

• Approximately one-third of employed residents worked in labouring or trades, compared with 20 percent of people throughout metropolitan Melbourne, with 14 percent of employed residents holding professional/managerial occupations compared with the metropolitan average of 30 percent (Clause 21.02-3).

• Industries range from small-scale light industries in older established areas, to newer, generally industrial estates with large allotments and purpose built facilities (Clause 21.02-3).

• Key industries located in Greater Dandenong include advanced manufacturing in automotive, plastics and scientific equipment, as well as food processing and distribution and metal fabrication (Clause 21.02-3).

• Greater Dandenong has approximately 1,730 hectares of industrially zoned land in proximity to major freight and passenger transport routes, with an additional 1,040 hectares to be made available close to the road and rail transport network (Clause 21.02-3).

• Extensive transport networks link Greater Dandenong with Melbourne’s rapidly expanding south-east region and provide excellent access to the Melbourne Central Activities District, sea and air ports (Clause 21.02-6).

The Vision for Greater Dandenong is outlined at Clause 21.03. Amongst others, the vision is that Greater Dandenong will be a nationally and internationally competitive city; and a pre-eminent industrial centre for Melbourne’s south-east with a significant high-tech/knowledge industrial component. The objectives and strategies of the MSS are under four (4) main themes including: land use; built form; open space and natural environment; and, infrastructure and transportation (considered individually under Clauses 21.04 to 21.07). Of particular relevance to this application are Clauses 21.04 – Land Use, 21.05 – Built Form and 21.07 – Infrastructure and Transportation.



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Under Clause 21.04 – Land Use, the matter of ‘industrial’, amongst others, is covered. It is noted within Clause 21.04-3 relating to the matter of industrial that Greater Dandenong has a task of achieving a healthy balance between providing for an increased population and supporting robust activity centres and protecting key industries. Noise and air pollution, along with other adverse amenity impacts need to be managed, with industries to be encouraged to develop best practice to make efficient use of energy and resources. Relevant objectives and strategies contained within that Clause include: 1. To provide development, employment and industrial opportunities, which cater for a


including those enterprises that combine manufacturing with general office activities. 2. To facilitate new investment, development and redevelopment.

2.1 Discourage business or non-industrial uses on industrial land. 2.2 Encourage new hi-tech and knowledge industry to be established.

3. To develop and exploit existing infrastructure and locational advantage of the City’s industrial areas. 3.1 Encourage the establishment of industries that add value to the local industry

products, component manufacturers. 3.2 Encourage the establishment of industries that create local employment

opportunities. 3.3 Protect the supply of industrial land by encouraging retail and office uses to locate in

business zones. 6. To protect industrial zones for industrial activity.

6.1 Strongly discourage the issue of planning permits for bulky goods retail developments in industrial zones.

Under Clause 21.05 – Built Form the matters of: urban design, character, streetscapes and landscapes; and, sustainability, amongst others, are covered. It is noted that within that Clause that there is a need to improve community perception of the industrial and commercial image of the City. Promoting appropriate urban design to improve the public realm of those areas, particularly along main roads and at gateways is noted as facilitating more economic activity. Relevant objectives and strategies of Clause 21.05-2 relating to the matter of urban design, character, streetscapes and landscapes, include: 1. To facilitate high quality building design and architecture.




and built form. 2.1 Promote views of high quality landscapes and pleasing vistas from both the private

and public realm. 2.2 Promote all aspects of character – physical, environmental, social and cultural. 2.3 Encourage planting and landscape themes, which complement and improve the

environment. 2.4 Encourage developments to provide for canopy trees.



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3. To improve the quality, consistency and function of the city’s environment. 3.1 Encourage new developments which are adjacent to public open spaces to address

and complement the open space. 7. To protect and improve streetscapes.

7.1 Ensure new developments improve streetscapes through generous landscape setbacks and canopy tree planting.

7.2 Ensure landscaping within private property that complements and improves the streetscapes and landscaping of public areas.

Relevant objectives and strategies of Clause 21.05-4 relating to sustainability, include: 1. To promote ecologically sustainable development.

1.1 Encourage the design of developments to provide for integration of water sensitive urban design.

1.2 Encourage the recycling of grey water in new developments. 1.3 Require an environmental management plan where a use or development would

require on going management controls. 2. To encourage environmentally sustainable practices by industrial and commercial

developments. 2.1 Encourage the collection and use of rain water. 2.2 Encourage industrial and commercial developments to develop sustainable water use

and waste water re-use programs. Under Clause 21.07 – Infrastructure and Transportation matters of: physical, community and cultural infrastructure; public transport; walking and cycling; cars and parking; and, transport services are covered. Clause 21.07-1 focuses on the mater of physical, community and cultural infrastructure, with relevant objectives and strategies including: 2. To manage the impact of discharge of stormwater to minimise pollution and flooding.

2.1 Promote water sensitive urban design principles, 2.2 Require Environmental Management Plans for large developments.

4. To ensure new developments meet the cost of infrastructure. 4.1 Identify the requirements of infrastructure (land, works and facilities) and put in place

funding arrangements with reference to: - The type and capacity of infrastructure already in place. - Accepted standards of infrastructure provision.

Within Clause 21.07-2 where the matter of public transport is considered, the following relevant objective and strategies are noted: 2. To integrate transport and land use.

2.1 Ensure residential, commercial and industrial development provides for safe and accessible pedestrian/bicycle movement to the public transport network.

2.2 Encourage the co-location of services and facilities. 2.4 Develop and implement Developer Contribution Schemes to link new developments

to new transport infrastructure and service improvements. The objectives and strategies of Clause 21.07-3 which relate to the matter of walking and cycling should also be considered, specifically: 1. To promote and facilitate walking and cycling.

1.2 Ensure use and development proposals have regard to the municipal bicycle and other transport strategies.



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1.4 Discourage vehicle cross-overs where they have a significant impact on pedestrian movements.

Clause 21.07-4 relates to the matter of cars and parking, with relevant objectives and strategies being: 1. To promote significant modal shift away from the car.

1.1 Require developers to submit integrated transport plans and transport impact assessments for major development proposals.

1.3 Manage parking supply, where appropriate to encourage sustainable modes of transport.

Within Clause 21.07-5 the matter of transport services are the following relevant objectives and strategies: 1. To ensure that provision and location of transport related uses and services have no

adverse impacts on residential areas. 1.1 Discourage the development of freight and logistics related facilities in locations that

require transport to use roads through residential areas. 1.2 Discourage industries that are dependent on heavy road transport or high volumes of

traffic from locating near residential areas. 2. To enhance the efficiency of freight movement.

2.1 Support inter-modal (road to rail) transfer facilities that reduce truck traffic. 2.2 Support the protection and enhancement of the existing operation and safety of

arterial roads for all road users through ongoing management of vehicle access points.

The local planning policy of Clause 22.03 which relates specifically to Urban Design in Commercial and Industrial Areas is of particular relevance to this application. The objectives of this policy are:

• To improve the appearance of all commercial and industrial areas, and particularly development along main roads and gateways.

• To provide urban design solutions which respond to the type of road and the speed of the traffic using the road.

Clause 22.03-3 sets out the criterion that needs to be considered for new commercial and industrial estates and infill development. These include: context and setting for new estates; estate and road layout; lot size, shape and orientation; interface with other uses; engineering services; built form; setbacks; storage areas; fencing; and landscaping. Further, the table to this Clause outlines specific buildings and works setbacks and landscaping design standards. It is noted that the subject site is located in Planning Industrial Policy Area 2 under Clause 22.03. However, this clause is not relevant to the application as no new buildings are proposed, and the proposed use would be undertaken within existing buildings which are well setback from the site frontage.



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Particular Provisions Car Parking Clause 52.06 – Car Parking needs to be considered. The purposes of this provision are:

• To ensure that car parking facilities are provided in accordance with:

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

- Any parking precinct plan. • To provide the opportunity to use parking precinct plans in appropriate locations.

• To promote the efficient use of car spaces through the consolidation of car parking facilities.

• To ensure the provision of an appropriate number of car spaces having regard to the activities on the land and the nature of the locality.

• To ensure that the design of car parking areas:

- Does not adversely affect the amenity of the locality, in particular the amenity of pedestrians and other road users.

- Achieves a high standard of urban design. - Creates a safe environment for users, particularly at night. - Enables easy and efficient use. - Protects the role and function of nearby roads. - Facilitates the use of public transport and the movement and delivery of goods.

Clause 52.06-1 notes that a new use must not commence or the floor area of an existing use must not be increased until the required car spaces have been provided on the land. The required spaces are identified in the table to Clause 52.06-5. Clause 52.06-1 further notes that a permit may be granted to reduce or waive the number of car spaces required by the table, with the decision guidelines for such considerations also at that Clause. The table at Clause 52.06-5 notes that an Industry requires 2.9 car parking spaces to each 100 square metres of net floor area. Car parking is to be designed and constructed in accordance with the requirements of Clauses 52.06-2 and 52.06-3 of the Scheme. Loading and Unloading of Vehicles The requirements of Clause 52.07 – Loading and Unloading of Vehicles need to be considered, with the purpose of this Clause being: To set aside land for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety. The dimensions and areas of loading bays are outlined under this Clause, with a permit required to reduce or waive these requirements. Uses With Adverse Amenity Potential The requirements of Clause 52.10 - Uses with Adverse Amenity Potential need to be considered, with the purpose of this Clause being:



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To define those types of industries and warehouses which if not appropriately designed and located may cause offence or unacceptable risk to the neighbourhood. The application proposes the use of the land for the purpose of Industry. Specifically, it is noted in the application that the site will be used for the manufacture of animal food which is made from bread and packaged food products that is surplus to the daily output of various factories. The use of the land for ‘Food or beverage production other than those listed within this group’ is listed as a use with adverse amenity potential pursuant to Clause 52.10 of the Greater Dandenong Planning Scheme, constituting a Note 1 (i.e. the threshold distance from sensitive land uses is variable, dependent on the processes to be used and the materials to be processed or stored). Bicycle Facilities The Bicycle Facility requirements of Clause 52.34 of the Planning Scheme also need to be considered. The purpose of this Clause is:

• To encourage cycling as a mode of transport.

• To provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities.

Clause 52.34-1 states that a new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land. Under Clause 52.34-2 states that a permit may be granted to vary, reduce or waive the requirements of Clause 52.34-3 and Clause 52.34-4. An application is exempt from the notice and decision requirements and appeal rights of some sections of the Act. Under the table to Clause 52.34-3, an Industry requires 1 bicycle space to each 1,000 square metres of net floor area for employees. Shower and change room requirements are needed once 5 or more bicycle spaces are required.

General Provisions Clause 65 – Decision Guidelines needs to be considered, as is the case with all applications. For this application the requirements of Clause 65.01 for the approval of an application or plan is of relevance. This Clause outlines the requirements that the responsible authority must consider when determining the application.


The applicant has provided a declaration to Council advising that there are no encumbrances on title. A perusal of the title confirms that this is indeed the case.





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Community Safety




Referrals

External Pursuant to Section 55 of the Planning and Environment Act 1987, the application was externally referred to: Notice Conditions Environment Protection Authority (EPA)

• Does not object to the granting of a planning permit, subject to the inclusion of the following conditions: The applicant must apply for and be issued with a works approval from the EPA in order to obtain a waste discharge licence.

Internal

Council Referrals Conditions Health • Requested that conditions be included as part of any

permit granted as follows: 1. Birds must not be permitted to nest on or within the building and 2. Smells emitted from deteriorating food must not leave the premises.

Advertising

The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987, by:

• Sending notices to the owners and occupiers of adjoining land to the immediate south of the subject site.

The notification has been carried out correctly. Council has received two (2) objections. The location of the objectors is shown in Attachment 1.



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Consultation

A consultative meeting was held on 16/02/2011, with the applicant, objectors and Council representatives in attendance. Whilst the issues were discussed at length, there was no resolution and the objectors have not withdrawn their objections. Therefore, the objections stand as received. The objectors have third party appeal rights to a review by the VCAT regarding the proposed use only.

Summary of Grounds of Objections

The objections are summarised below (bold), followed by the Town Planner’s Response (in italics).

• Odour The objectors are concerned that the smell associated with pet/animal food production was having a detrimental effect on the working environment of staff on the neighbouring sites. The applicant subsequently advised during the consultation meeting that a fully commissioned plant will solve the odour problem, as bread would be in and out in a day (with the exception of weekends) rather than being stored for longer periods of time (as is currently the case) due to the lack of the required plant and equipment (which is being applied for under the current application). It is considered that once the works proposed under this application are completed, the proposed use would be able to function more efficiently, thus preventing the stockpiling of bread on the site, and ensuring that it is brought in, processed and sent out in a timely manner. A condition requiring the provision of a Site and Environmental Management Plan (SEMP) and other standard conditions that the amenity of the area must not be detrimentally affected by the use of the land through the emission of smell can be required as a condition of permit, if granted. Council’s Environmental Health Unit also requested a condition requiring that smells emitted from deteriorating food must not leave the premises. This can also be provided as a condition of permit, if granted.

• Health impacts from vermin

The objector is concerned that there is a health risk to their staff from contamination by vermin attracted to the bread and other human food waste stored on site, and that the baiting systems used by the operator of the subject premises have at times resulted in the rodents dying and rotting within the objector’s premises from the poison contained in the baiting systems. The applicant has provided a Pest Control Management Plan which proposes a number of control measures to be implemented to maximise the control of pests by using a variety of methods to target the relevant pests.



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The control measures proposed include the erection of a plastic strip curtain over the roller door entrance to prevent the entrance of birds; the maintenance of lawns surrounding the premises to remove groundcover for rodents; the blocking of rodent entry and exit points in the built plant; the laying of liquid baits in stations based at height to control roof rats; the maintenance of sprayed, registered cats on the premises for nocturnal patrolling; the containment and storing of products within concrete bins and the limiting of entry points to stored product; the processing of raw ingredients quickly by the use of a high capacity processing machine that will limit the amount of raw ingredients held within the premises; the sealing of dispatch hoppers to contain products, the drying of all product so that it is stable and storing it immediately in silos or dispatch hoppers; the cleaning of floors by sweeping on a regular basis using manual and motorised sweepers and ensuring that any spilt product is not accessible to pests; and lastly, the establishment of a regular weekend cleaning shift to ensure that plant and premises remain clean to lower the attraction to pests. The Pest Control Management Plan also contains management measures relating to vermin comprising liquid bait systems, which form a competitive food target to traditional solid feed based bait systems. Liquid bait systems are sealed units that will be located at floor level and at height to target ground and roof rats. The third management measure relating to vermin concerns European Wasps. The Plan submits that entrances large enough for the entry of wasps will be sealed. Wasp Bait Stations will be programmed for the relevant feeding and breeding periods. The feeding period during summer will use protein based baits, while the breeding period during spring will use carbohydrate based baits. Baits would be checked every two weeks to ensure that they have not been depleted. The area surrounding the premises would be regularly inspected for wasp nests and destroyed by qualified and experienced people if detected. It is considered that the measures outlined in the Pest Control Management Plan will minimise pest infestation and the potential for health impacts to humans from vermin. The Pest Control Management Plan will be endorsed as part of the planning permit if granted. Council’s Environmental Health Unit also requested a condition stating that birds must not be permitted to nest on or within the building. This can be dealt with as part of the SEMP associated with the permit, if granted.

• Health impacts from sonic pitch

The objector is concerned that there is a health risk to humans from the sonic pitch associated with the ultrasonic devices proposed to be used to deter vermin. The applicant has provided a Pest Control Management Plan which outlines a management measure relating to adjustable ultrasonics. It is noted that ultrasonics are generally not audible to humans and rodents are generally more active at night. Noise levels on ultrasonic devices will therefore be increased during non-operating hours at night or on weekends to deter vermin. The applicant states that the use of such devices poses no risk to staff or visitors while maximising pest management during peak pest activity.



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It is considered that the measures outlined in the Pest Control Management Plan will minimise the potential for health impacts to humans from sonic pitch, and it can be endorsed as part of the SEMP to any permit granted.

• Effects of humidity on the structures of nearby factories

The objector is concerned that humidity from the proposed food dryer will have a detrimental impact upon their steel factory. It is noted that that the objector’s building at 199-205 Hammond Road, is located approximately 100 metres to the south-west of the proposed dryer, and that there are at least two (2) other buildings in between the proposed dryer and the objector’s building. As such, it is considered unlikely that the objector’s factory would be directly affected by humidity.

• Property devaluation VCAT has determined on numerous occasions that property devaluation is not a relevant ground on which planning permit applications can be refused.

Assessment

Use In response to the land use the applicant has provided the information required at Clause 33.01-2 and the following assessment is made:

• The purpose of the use and the types of processes to be utilised.

The applicant has stated that the purpose of the land use to be conducted at the subject premises includes the manufacture of pet/animal food which is made from waste human food including bread and packaged food products that is surplus to the daily output of various factories which is defined as ‘Food or beverage production other than those listed within this group’ under Clause 52.10. The table to Clause 52.10 states that the use comprises a Note 1, which means that the threshold distance from sensitive land uses is variable, dependent on the processes to be used and the materials to be processed or stored. It is noted that the proposed use is located approximately 550 metres to the south of the nearest sensitive land use, being the residential area of Dandenong South. There are a number of processes which are to be utilised as part of the proposed use, these include: - Food products are to be transported to the subject premises in bulk bins or on pallets. - The products are then to be stored internally in heavy duty concrete bins and

comprise of loaves of bread that were wrapped in plastic bags or otherwise arrive in that form.

- The product is then to be broken down by mechanical means. Any plastic or incompatible material is to be removed by sieving the broken down packaged food products.

- The product would then be heated and combined with additives before being pelletised and stored in the silos as the final product.

- The product would then be sold by wholesale and transported off the site by trucks. - Any of the waste plastic or cardboard would then be sent to the appropriate recyclers.



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• The type and quantity of goods to be stored, processed or produced.

The applicant submits that the premises would be used for the manufacture of animal food which is made from bread and packaged food products that is surplus to the daily output of various factories. Approximately 30 cubic metres of bread would be stored, with approximately 10 tons able to be processed and turned into cattle feed per hour.

• How land not required for immediate use is to be maintained.

It is noted that the entire part of the site being leased by the proposed use is to be used/developed as part of this application.

• Whether a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority.

The Environment Protection Authority have advised that the processing and treatment of waste bread and packaged food products that are surplus to the daily output of various factories is a scheduled activity, A02 ‘Other Waste Treatment’ under the Environment Protection (Scheduled Premises and Exemptions) Regulations 2007. Based on the information provided, the proposal requires EPA works approval and licensing.

• Whether a notification under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded.

The applicant has advised that the only hydrocarbons stored on site are two (2) 500 litre LPG tanks surrounded by vehicle barriers and a 10,000 litre diesel tank surrounded by a bund to be installed under the awning of Building C. They advise that no notifications or licenses are required in this instance.

• The likely effects, if any, on the neighbourhood, including:

- Noise levels. The applicant submits that noise levels will be negligible and the surrounding land uses are of a non-sensitive nature (i.e. Industrial 1). It is considered that noise associated with this use will not be significantly greater than that normally expected from an industrial estate.

- Air-borne emissions. The applicant submits that the proposed use is unlikely to generate air emissions other than steam or water vapour as a result of the drying process. It is considered that there would not be any detrimental air-borne emissions from the proposed use and development.

- Emissions to land or water.

The applicant submits that the proposed use is unlikely to generate emissions to land or water. The external hardstand will be swept with a street sweeper once a month, whilst the internal hardstand area will be swept daily to control floor debris.



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The internal stormwater system leads to a number of interceptor pits filled with mesh baskets and then to a larger settling tank fitted with a stainless steel screen that was all set up previously to intercept plastic beads entering the stormwater system. This is an extensive and significant piece of infrastructure that is still intact for cleaning stormwater prior to any connection to the external stormwater drainage. These screens situated between the factory and the settling tank will be inspected and cleaned on a monthly basis to ensure they operate effectively. It is considered that there would not be any emissions to land or water from the proposed use and development.

- Traffic, including the hours of delivery and dispatch. The applicant initially proposed hours of operation from 6.00am to 5.00pm, Monday to Friday. However, the applicant is now seeking permission for 24 hour operation from Monday to Friday. A cleaning and maintenance program would occur between the hours of 6.00am and 6.00pm on a Saturday. Deliveries would be from 3.00am to 10.00am, and dispatch from 6.00am to 4.00pm. Traffic movements would constitute the entry and exit of large articulated vehicles servicing the industrial operations. In addition, smaller visitor and employee vehicles would service the site. Therefore 24 hour working is considered acceptable.

- Light spill or glare. It is considered that there would be no excessive light spill or glare arising from this proposal. Overall, it is considered that the proposed use is suitable for the Industrial 1 Zone, and as such, the land use as proposed in this particular location is supported.

Development The built form component of the application is required to be assessed against the requirements of Clause 15.01-2 – Urban Design Principles of the Greater Dandenong Planning Scheme. An assessment of the matters outlined in Clause 15.01-2 is as follows: Context

• Development must take into account the natural, cultural and strategic context of its location.

• Planning authorities should emphasise urban design policies and frameworks for key locations or precincts.

• A comprehensive site analysis should be the starting point of the design process and form the basis for consideration of height, scale and massing new development.

The proposed development on the part of the subject site to be occupied by the proposed use consists of a number of internal works within existing Building C and external works comprising of a dryer/indirect gas fired air heater with a maximum height of 15 metres between existing Buildings B and C, a 10,000 litre diesel tank surrounded by a bund and two (2) 500 litre LPG tanks surrounded by a vehicle barrier to the north of the north-west corner of Building C, a new doorway on the northern side of Building C, five (5) Stockfeed Storage Silos with a maximum height of 6 metres to the east of Building C and a Stockfeed Bulk Truck Loading System with a maximum height of 10.9 metres to the east of the storage silos.



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It is noted that at present, there are numerous existing industrial buildings on the remainder of the overall subject site (outside of the area being leased by the proposed use). The proposed works will have a similar height, scale and massing to this existing development and would be in keeping with the existing built form and scale within the area. The Public Realm

• The public realm, which includes main pedestrian spaces, streets, square, parks and walkways, should be protected and enhanced.

The public realm will not be detrimentally impacted by the proposed works, given that they would be hidden behind existing buildings which are setback a minimum of 100 metres from Hammond Road. Safety

• New development should create urban environments that enhance personal safety and property security and where people feel safe to live, work, and move in at any time.

The development generally complies with urban design principals in regards to safety, and additionally, complies with Council’s Safe Design Guidelines. Car parking will be provided within full view of the common accessway, which also contributes to a safe urban environment. A permit condition will ensure that the car park is sufficiently lit at night. Landmarks, views and vistas

• Landmarks, views and vistas should be protected and enhanced, or where appropriate, created by new additions to the built environment.

There are no landmarks, views or vistas which will be affected by the proposed development. It is considered that the proposed works will draw additional development to this relatively large overall site. Pedestrian Spaces

• Design of interfaces between buildings and public spaces, including the arrangement of adjoining activities, entrances, windows, and architectural detailing, should enhance the visual and social experience of the user.

The development would allow for convenient parking and pedestrian access. Heritage

• New development should respect, but not simply copy, historic precedents and create a worthy legacy for future generations.

This is not applicable as there are no heritage buildings on the subject site. Consolidation of Sites and Empty Sites

• New development should contribute to the complexity and diversity of the built environment.

• Site consolidation should not result in street frontages that are out of keeping with the complexity and rhythm of existing streetscapes.



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• 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 proposed works will contribute to the complexity and diversity of the built environment and improve upon the existing condition of the site by providing the necessary infrastructure required to service the use proposed for Buildings B and C, which would otherwise be vacant. Light and Shade

• Enjoyment of the public realm should be enhanced by a desirable balance of sunlight and shade.

• This balance should not be compromised by undesirable overshadowing or exposure to the sun.

Shadowing from the proposed works will mainly be confined to hardstand areas within the part of the subject site being leased by the proposed use. Energy and Resource Efficiency

• All building, subdivision and engineering works should include efficient use of resources and energy efficiency.

The proposed use of existing Buildings B and C will allow for efficient use of resources and energy efficiency. The manufacture of pet/animal food which is made from waste human food products, bread and packaged foods that is surplus to the daily output of various factories will reduce the amount of wasted food product going to landfill, and allows for its re-use in a beneficial manner. Food packaging is to also be sent elsewhere to be recycled, with cardboard recycled to be made into new boxes, plastic bread bags to be recycled into builder’s film and metal to be sent to metal recyclers. The applicant also notes that the plant would use a gas-fired furnace to generate heat in a drying process that produces stock feed from old bread products. The applicant advises that the business owner has spoken to neighbours in an adjoining factory, ‘PQ Australia Pty Ltd’ (who are located to the south of Building C at 11-13 Rhur Street, Dandenong South), who use heat to manufacture silicates and exhaust a good portion of that heat directly into the atmosphere. The business owner sees enormous benefit in pumping that heat directly to the proposed dryer, as it would conserve energy (which would otherwise be emitted into the atmosphere) for re-use by the proposed use. The applicant notes that the proposed use on the subject site and the site at 11-13 Rhur Street would still be able to function independently without the connection, and there would be ‘disconnect’ between the two sites so that they could separate if either site changed its operation. It is considered that an initiative which captures the heat (and energy) disposed of by one process as input into another is beneficial and would contribute towards better environmental sustainability practice and the better, more efficient use of energy which would otherwise be wasted. The generation of that energy in the first instance would come at some environmental cost, and it is considered that this initiative results in a better environmental cost to benefit ration than if that energy was wasted.



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Architectural Quality • New development should achieve high standards in architecture and urban design.

• Any rooftop plant, lift over-runs, service entries, communication devices, and other technical attachment should be treated as part of the overall design.

The proposed works will achieve a reasonable standard of architectural quality and urban design given their utilitarian, industrial nature. Landscape Architecture

• Recognition should be given to the setting in which buildings are designed and the integrating role of landscape architecture.

Landscaping is not proposed under this application.

Car Parking When having regard to the requirements of Clause 52.06 of the Scheme, a total of eighty-seven (87) car parking spaces (2,992m² x 2.9 / 100) are required for the intended use of part of the site for industrial purposes. The application proposes to provide a total of twenty-four (24) car parking spaces within the part of the overall site to be leased by the proposed use, meaning that there would be a shortfall of sixty-three (63) spaces. A permit is therefore required for a reduction in the car parking requirement under Clause 52.06-1. Consideration of the proposed reduction against the relevant decision guidelines at Clause 52.06-2 follows:

• Any relevant parking precinct plan.

There is no relevant parking precinct plan that applies to the site.

• The availability of car parking in the locality.

The surrounding locality is industrial in nature and car parking for each developed lot would generally need to be provided either in accordance with Clause 52.06 or in accordance with Council’s Code of Practice for Car Parking. Each development should be able to provide sufficient car parking within its respective site.

• The availability of public transport in the locality.

The nearest public transport is the 857 (Chelsea to Dandenong) bus route, which runs along Hammond Road immediately past the overall subject site.

• Any reduction in the car parking demand due to the sharing of car spaces by multiple uses, either because of a variation of car parking demand over time or because of efficiencies gained from the consolidation of shared spaces.

There is no sharing of car spaces by multiple uses proposed, the twenty-four (24) car spaces to the north of Buildings B and C are exclusively for the use of the proposed use.

• Any car parking deficiency or surplus associated with the existing use of the land.

There is a car parking deficiency associated with the existing use of Buildings B and C, as industrial premises, of sixty-three (63) spaces.



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• Any credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirement.

There is no credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirement.

• Local traffic management.

It is considered that local traffic management will not be unreasonably affected as there will be twenty-four (24) car spaces immediately provided for the proposed use in Buildings B and C, which is considered to be sufficient for the maximum of four (4) staff proposed for the site at any one time. At least twenty (20) spaces would be available for visitors to the site.

• Local amenity including pedestrian amenity.

It is considered that the reduction in the car parking requirement proposed will not result in a detrimental effect to the amenity of pedestrian traffic, however it is anticipated that an industrial area such as the one within which the subject site is located would be unlikely to generate high volumes of pedestrian traffic.

• An empirical assessment of car parking demand.

Twenty-four (24) car parking spaces would be immediately provided for the proposed use, which is considered to be sufficient for the maximum of four (4) staff proposed for the site at any one time. At least twenty (20) spaces would be available for visitors to the site. It is also noted that no manufacturing sales will occur on the subject site.

• Any other relevant consideration.

Council’s Code of Practice for Car Parking requires 1.4 spaces for every 100 square metres of industrial floor area, and 2.2 spaces be provided for every 100 square metres of office space up to 10% of the total floor area. Where the office space exceeds 10% of the overall floor area, a parking rate of 3.5 is applied. An assessment against Council’s Code of Practice shows a reduced requirement of forty-two (42) car spaces (2,980m² x 1.4 / 100, 12m² x 2.2 / 100, 0m² x 3.5 / 100) which means that the proposed development has a shortfall under Council’s Code of Practice of eighteen (18) car spaces compared to a shortfall of sixty-three (63) car spaces under Clause 52.06. On balance, it is considered that there will be sufficient parking provided to accommodate both employees of and visitors to the proposed use, without causing traffic-related material detriment to adjoining or surrounding properties. It is therefore considered that the proposed car parking provision of twenty-four (24) car parking spaces (entailing a shortfall of 63 car parking spaces under Clause 52.06 and a shortfall of 18 car parking spaces under Council’s Car Parking Code of Practice) is acceptable. There are to be a maximum number of four (4) staff on the site when the land use is fully operational. This leaves twenty (20) car parking spaces available for visitors to the site.



Page 9091

Loading and Unloading Clause 52.07 sets out the requirements for loading and unloading, and states for the first 2,600m2 or less in single occupation there shall be a loading area of 27.4m2 and for every additional 1,800m2 or part, there should be an additional loading area of 18m2. Based on the above requirement, given that the combined total floor area of Buildings B and C on the part of the subject site to be occupied by the proposed use is 2,992m², the proposal requires loading facilities totalling at least 45.4m2 to be provided. The proposal includes a 7.6 metre long by 3.6 metre wide loading bay (giving it an area of 27.36m²) which is to be provided under the canopy to the north of Building C. The loading bay has a height clearance of 5.0 metres. The area of the loading bay (27.36m²) proposed is less than the minimum required under Clause 52.07 (45.4m²). It is considered that the width of the loading bay should be increased to a minimum of 6.0 metres as a condition of permit, if granted. The loading area will also be subject to a condition regarding amenity as previously discussed in this report.

Bicycle Facilities Clause 54.34 requires one (1) bicycle parking space per 1000 square metres of net floor area for Industry. In this instance, three (3) bicycle parking spaces (2,992m² x 1 /1000) would be required. The application does not provide for any bicycle parking. It is considered that three (3) bicycle parking spaces can be provided within Building B as a condition of permit, if granted, to meet the requirements of Clause 52.34.

Vegetation & Tree Impact (Site & Surrounds) There are no trees or vegetation on the subject site or on adjoining or surrounding properties which will be affected by the proposal. Landscaping is not proposed under this application.

ESD/SDS Matters Pursuant to Clauses 15.02 and 21.05-4 of the Greater Dandenong Planning Scheme, Council is encouraging potential developers to utilise a web-based non-residential buildings sustainability tool known as the Sustainable Design Scorecard (SDS), in order to assess the environmental performance of non-residential buildings in the municipality. A threshold for the requirement of an assessment against the SDS has in the interim been set at more than 1,999m² gross floor area for new buildings. Although the proposal has a gross floor area (being 2,992m²) which is greater than the set trigger point, an SDS assessment/ESD Management is not required as the proposed use will be contained within existing buildings.



Page 9092

Conclusion

As assessed, the proposal is consistent with and appropriately responds to the provisions of the Greater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy for industrial development in the area with this report recommending that the application be supported, that a Notice of Decision (which provides appeal rights to objectors) to grant a permit be issued containing the conditions as set out in the recommendation.

Recommendation That Council resolves to issue a Notice of Decision to grant a permit in respect of the land known and described as No. 171-197 Hammond Road, Dandenong South to construct buildings and works and to use part of the site for the purpose of Industry (Food Processing), with a reduction of the car parking requirement for Industry pursuant to Clause 52.06 of the Greater Dandenong Planning Scheme, in accordance with the plans submitted with the application subject to the following conditions:

1. Before the development starts, two (2) copies of amended plans drawn to scale and dimensioned, must be submitted to the Responsible Authority for approval. No buildings or works must be commenced until the plan/s have been approved and endorsed by the Responsible Authority. The endorsed copy of the plan/s forms part of this permit.

The plans must be in accordance with the plans submitted with the application but modified to show:

1.1 The loading bay to be located entirely within the building.

1.2 The width of the loading bay to be increased to a minimum of 6.0 metres.

1.3 Three (3) bicycle parking spaces within Building B, in accordance with Clause 52.34 of the Greater Dandenong Planning Scheme.

1.4 The location of external lighting as required under Conditions 11 and 17.

All to the satisfaction of the Responsible Authority.

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

3. Once the development has started, it must be continued and completed in accordance with the endorsed plans, to the satisfaction of the Responsible Authority.

4. The permitted use must not commence and the subject site must not be occupied for that use until all buildings and works and the conditions of this permit have been complied with, unless with the further written consent of the Responsible Authority.

5. Goods, materials, equipment and the like associated with the use of the land must not be displayed or stored outside the building/s, without the further written consent of the Responsible Authority.



Page 9093

6. The loading and unloading of goods from or to vehicles must only be carried out on the land, all to the satisfaction of the Responsible Authority.

7. Floor levels shown on the endorsed plan(s) must not be altered or modified without the further written consent of the Responsible Authority.

8. Provision must be made for the drainage of the site including landscaped and paved areas, all to the satisfaction of the Responsible Authority.

9. Before the use or occupation of the development starts, the area(s) set-aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

9.1 Constructed in accordance with the endorsed plan/s.

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

9.3 Surfaced with an all-weather sealcoat.

9.4 Drained to the legal point of discharge.

9.5 Line-marked to indicate each car space and all access lanes.


10. In areas set aside for carparking, measures must be taken to prevent damage to fences or landscaped areas, all to the satisfaction of the Responsible Authority.

11. The carparking area must be lit if in use during hours of darkness, and all lights must be designed, fitted with suitable baffles and located to prevent any adverse effect on adjoining land, all to the satisfaction of the Responsible Authority.

12. The operator under this permit must make all reasonable attempts to ensure that no vehicle under the operators control, or the operator's staff, are parked in the streets nearby, all to the satisfaction of the Responsible Authority.

13. The carparking provided on the land must always be available for use by persons employed on or visiting the subject premises, and no measures may be taken to restrict access to the carpark by such persons, all to the satisfaction of the Responsible Authority.

14. Access to the site and any associated roadworks must be constructed, all to the satisfaction of the Responsible Authority.

15. The amenity of the area must not be detrimentally effected by the use or development on the land, through the:

15.1 Transport of materials, goods or commodities to or from the land,

15.2 Appearance of any building, works or materials,



Page 9094

15.3 Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil,

15.4 Presence of vermin.


16. Within 90 days of the date of this permit, a Site and Environmental Management Plan (SEMP) must be submitted to the Responsible Authority for approval and endorsement in consultation with the Environment Protection Authority. No use hereby permitted under this permit must commence until the SEMP has been endorsed by the Responsible Authority. When endorsed the SEMP will form part of this permit.

The SEMP must set out each management item in numerical order and must contain, but is not limited to, the following matters:

16.1 The pest control measures outlined in the Pest Control Management

Plan submitted with the application.

16.2 How birds will be prevented from nesting on or within the building.

16.3 How smells emitted from deteriorating food will be prevented from leaving the premises.

All to the satisfaction of the Responsible Authority. 17. All external lighting of the site, including car parking areas and buildings, must

be located, directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond the site.

18. Noise emitted from the premises must not exceed the permissible noise levels determined in accordance with the State Environmental Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

19. Bins or receptacles for any form of rubbish or refuse must not be placed or allowed to remain in view of the public, and smell must not be emitted from any such receptacle.

20. Where required, a bulk waste collection bin or approved alternative may be provided, but shall be contained in a suitably screened and accessible area, all to the satisfaction of the Responsible Authority.

21. All plant and equipment must be installed and located so that it does not adversely affect the amenity of the area due to the emission of noise, all to the satisfaction of the Responsible Authority.

22. All wastes must be disposed of to the satisfaction of the Responsible Authority and no liquid waste or polluted waters shall be discharged into a sewer or stormwater drainage system.

23. The site shall be kept in a neat and tidy condition at all times, all to the satisfaction of the Responsible Authority.



Page 9095

EPA Condition

24. The applicant must apply for and be issued with a works approval from the EPA in order to obtain a waste discharge licence.



25.2 The development is not completed within four (4) years of the date of this permit, or

25.3 The use does not start within one (1) year of the completion of the development, or

25.4 The use is discontinued for a period of two (2) years.


Notes: 1. A Building Approval may be required prior to the commencement of the

approved works.

2. Premises used for the sale or storage of food in any manner whatsoever are to be registered under the Food Act and require Council approval via the Chief Environmental Health Officer before occupation.

3. Except where no permit is required under the provisions of the Planning Scheme, no sign, flashing or intermittent lights, bunting or advertising device may be erected or displayed on the land without the permission of the Responsible Authority.

Prior to the erection of any advertising signs on the land, consultation should be made with officers of the Town Planning Department to determine the relevant Planning Scheme Controls and required approvals sought.

4. Prior to the final design being completed, the applicant should consult with Council’s Infrastructure Planning Department in regard to the legal point of discharge for this site.



Page 9096

MINUTE 1085 Moved by: Cr Angela Long Seconded by: Cr John Kelly That Council resolves to issue a Notice of Decision to grant a permit in respect of the land known and described as No. 171-197 Hammond Road, Dandenong South to construct buildings and works and to use part of the site for the purpose of Industry (Food Processing), with a reduction of the car parking requirement for Industry pursuant to Clause 52.06 of the Greater Dandenong Planning Scheme, in accordance with the plans submitted with the application subject to the following conditions:



1.1 The loading bay to be located entirely within the building.

1.2 The width of the loading bay to be increased to a minimum of 6.0 metres.

1.3 Three (3) bicycle parking spaces within Building B, in accordance with Clause 52.34 of the Greater Dandenong Planning Scheme.

1.4 The location of external lighting as required under Conditions 11 and 17.


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



5. Goods, materials, equipment and the like associated with the use of the land must not be displayed or stored outside the building/s, without the further written consent of the Responsible Authority.

6. The loading and unloading of goods from or to vehicles must only be carried out on the land, all to the satisfaction of the Responsible Authority.




Page 9097

8. Provision must be made for the drainage of the site including landscaped and paved areas, all to the satisfaction of the Responsible Authority.

9. Before the use or occupation of the development starts, the area(s) set-aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

9.1 Constructed in accordance with the endorsed plan/s.


9.3 Surfaced with an all-weather sealcoat.


9.5 Line-marked to indicate each car space and all access lanes.


10. In areas set aside for carparking, measures must be taken to prevent damage to fences or landscaped areas, all to the satisfaction of the Responsible Authority.

11. The carparking area must be lit if in use during hours of darkness, and all lights must be designed, fitted with suitable baffles and located to prevent any adverse effect on adjoining land, all to the satisfaction of the Responsible Authority.

12. The operator under this permit must make all reasonable attempts to ensure that no vehicle under the operators control, or the operator's staff, are parked in the streets nearby, all to the satisfaction of the Responsible Authority.

13. The carparking provided on the land must always be available for use by persons employed on or visiting the subject premises, and no measures may be taken to restrict access to the carpark by such persons, all to the satisfaction of the Responsible Authority.


15. The amenity of the area must not be detrimentally effected by the use or development on the land, through the:

15.1 Transport of materials, goods or commodities to or from the land,

15.2 Appearance of any building, works or materials,

15.3 Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil,

15.4 Presence of vermin.




98

16. Within 90 days of the date of this permit, a Site and Environmental Management Plan (SEMP) must be submitted to the Responsible Authority for approval and endorsement in consultation with the Environment Protection Authority. No use hereby permitted under this permit must commence until the SEMP has been endorsed by the Responsible Authority. When endorsed the SEMP will form part of this permit.

The SEMP must set out each management item in numerical order and must contain, but is not limited to, the following matters:

16.1 The pest control measures outlined in the Pest Control Management

Plan submitted with the application.

16.2 How birds will be prevented from nesting on or within the building.

16.3 How smells emitted from deteriorating food will be prevented from leaving the premises.

All to the satisfaction of the Responsible Authority. 17. All external lighting of the site, including car parking areas and buildings, must


18. Noise emitted from the premises must not exceed the permissible noise levels determined in accordance with the State Environmental Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

19. Bins or receptacles for any form of rubbish or refuse must not be placed or allowed to remain in view of the public, and smell must not be emitted from any such receptacle.

20. Where required, a bulk waste collection bin or approved alternative may be provided, but shall be contained in a suitably screened and accessible area, all to the satisfaction of the Responsible Authority.

21. All plant and equipment must be installed and located so that it does not adversely affect the amenity of the area due to the emission of noise, all to the satisfaction of the Responsible Authority.

22. All wastes must be disposed of to the satisfaction of the Responsible Authority and no liquid waste or polluted waters shall be discharged into a sewer or stormwater drainage system.


EPA Condition

24. The applicant must apply for and be issued with a works approval from the EPA in order to obtain a waste discharge licence.



Page 9099



25.2 The development is not completed within four (4) years of the date of this permit, or

25.3 The use does not start within one (1) year of the completion of the development, or

25.4 The use is discontinued for a period of two (2) years.


Notes: 1. A Building Approval may be required prior to the commencement of the

approved works.

2. Premises used for the sale or storage of food in any manner whatsoever are to be registered under the Food Act and require Council approval via the Chief Environmental Health Officer before occupation.

3. Except where no permit is required under the provisions of the Planning Scheme, no sign, flashing or intermittent lights, bunting or advertising device may be erected or displayed on the land without the permission of the Responsible Authority.

Prior to the erection of any advertising signs on the land, consultation should be made with officers of the Town Planning Department to determine the relevant Planning Scheme Controls and required approvals sought.

4. Prior to the final design being completed, the applicant should consult with Council’s Infrastructure Planning Department in regard to the legal point of discharge for this site.

CARRIED



Page 9100





Page 9101

6.4.6 Town Planning Application - No. 31 Namur Street, Noble Park (Planning Application No. PLN11/0484)

Attachments: Location of Objectors Submitted Plans Clause 55 Assessment


Application Summary

Applicant: Sritharan Sathasivam Proposal: To construct four (4) new double storey dwellings Zone: Residential 1 Zone (R1Z) Overlay: Not applicable Ward: Paperbark The application proposes to develop the site at 31 Namur Street, Noble Park for four (4) new double storey dwellings. Pursuant to Clause 32.01-4 of the Greater Dandenong Planning Scheme, a permit is required to construct two or more dwellings on a lot within the Residential 1 Zone.

Objectors Summary

The application was advertised to the surrounding area through the erection of a notice on site and the mailing of notices to adjoining and surrounding owners and occupiers. Four (4) objections were received to the application. Issues raised generally relate to matters of traffic, impact on existing infrastructure, overdevelopment and neighbour boundary fencing.


As assessed, the proposal is consistent with and appropriately responds to the provisions of the Greater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy for residential development in the area with this report recommending that the application be supported, that a Notice of Decision (which provides appeal rights to the objectors) to grant a permit be issued containing the conditions as set out in the recommendation.


Town Planning Application - No. 31 Namur Street, Noble Park (Planning Application No. PLN11/0484) (Cont.)

Page 9102


Subject Site The subject site is located on the eastern side of Namur Street between Marna Court in the south and Heatherton Road in the north. The site is rectangular in shape with a western frontage of 19.81 metres along Namur Street and a depth of 41.45 metres. The total site area is approximately 821.12m². The site has a downwards slope of approximately 0.9 metres from the front to the rear of the site. There are no easements on the subject site. The subject site is currently occupied by a single storey weatherboard dwelling and shed which are to be demolished. There is an existing single vehicle crossover located along the northern side of the western street frontage, which is to be removed as part of the development. There is currently no fence along the site’s western street frontage. Private open space is currently provided at the rear of the existing dwelling. There are some larger trees and some vegetation on the site.

Surrounding Area Land in the immediate locality is used predominantly for residential purposes, comprising various types of accommodation. The housing stock is generally characterised by single and double storey detached dwellings of brick or weatherboard construction comprising tiled hipped roofs, in addition to numerous multi unit developments, ranging in age and style. Car parking spaces are generally located to the side or rear of the dwellings with access to single dwelling sites often via a single crossover. However, there are exceptions where access is provided via two (2) crossovers, most notably at 22 Namur Street. Front setbacks generally range between 7.5 and 12.5 metres. The setback of the nearest apartment building abutting the north of the subject site at 23 Namur Street is 22.0 metres, whilst the side setback of the dwelling abutting the south of the subject site at 1 Marna Court is 2.0 metres. The subject site is located approximately 330 metres to the south-east of the Heatherton Road/Chandler Road strip of shops, and approximately 475 metres to the north-east of the Railway Parade strip of shops. The Noble Park Major Activity Centre is located approximately 1060 metres to the west. The subject site is located in close proximity to a number of local bus services including the 811 (Dandenong to Brighton) which runs along Heatherton Road approximately 280 metres to the north, and the 812 (Dandenong to Brighton), 813 (Dandenong to Waverley Gardens), and 815 (Dandenong to Noble Park) bus routes which go through the intersection of Railway Parade and Chandler Road approximately 510 metres to the south-west. Yarraman Railway Station is located approximately 930 metres to the south-east and Noble Park Railway Station is located approximately 1100 metres to the west.



Page 9103

Locality Plan

Subject Site Melway Ref: 89 J3

Public open space close to the subject site comprises of 2 Cleal Court Reserve (approximately 60 metres to the west) and Edith McPherson Reserve at 17-19 Namur Street (approximately 85 metres to the north). Educational facilities close to the site include Yarraman Park Primary School (approximately 175 metres to the east) and Noble Park Secondary College (approximately 290 metres to the south-west). The South Eastern Private Hospital is also located approximately 350 metres to the north-east. Please refer to the locality map on the next page for the location of the subject site and its surroundings:

N

Background

Previous Applications A search of Council Records indicates that the existing dwelling on the subject site was constructed in 1956. The following planning permit applications have previously been considered for the subject site:

• Planning Permit Application No. PLN10/0823 for residential development was lapsed on 15/02/2011. This was due to a failure by the applicant to provide further information as requested by Council pursuant to Section 54B of the Planning and Environment Act 1987.



Page 9104

Proposal

The application proposes to develop this site for the purposes of constructing four (4) new double storey dwellings. The existing dwelling, shed and crossover are to be removed as part of the development of the site. Dwellings 1, 2 and 3 are to be accessed via a new single crossover to be centrally located along the western street frontage along Namur Street, whilst Dwelling 4, is to be accessed via a new single crossover on the southern side of the western street frontage along Namur Street. The details are as follows: Proposed Dwelling 1 (3 Bedrooms – Double Storey – 2 car spaces) The proposed dwelling would comprise of:

• A Living Room, Dining Room, Kitchen, Laundry and Toilet at ground floor level;

• Three (3) Bedrooms (one of which includes a Walk-In-Robe and an Ensuite) and a Bathroom at first floor level;

• A double garage to the east of the dwelling;

• An area of secluded private open space located to the north of the dwelling and accessed from the Living Room; and

• Brick walls at ground and first floor levels and a cement tiled roof. Proposed Dwelling 2 (3 Bedrooms – Double Storey – 2 car spaces) The proposed dwelling would comprise of:

• An Entry Area, Living Room, Dining Room, Kitchen, Laundry and Toilet at ground floor level;


• A double garage to the west of the dwelling;

• An area of secluded private open space located to the east of the dwelling and accessed from the Living Room; and


• An Entry Area, Living Room, Dining Room, Kitchen, Laundry and Toilet at ground floor level;




Page 9105

• A double garage to the west of the dwelling;

• An area of secluded private open space located to the east of the dwelling and accessed from the Living Room; and


• A Living Room, Dining Room, Kitchen, Laundry and Toilet at ground floor level;


• A single garage to the south of the dwelling with a tandem car space in front;

• An area of secluded private open space located to the east of the dwelling and accessed from the Dining Room; and

• Brick walls at ground and first floor levels and a cement tiled roof. A copy of the submitted plans is included as Attachment 2.




Pursuant to the Greater Dandenong Planning Scheme, a planning permit is required: • To construct two (2) or more dwellings on a lot under Clause 32.01-4 of the Residential 1

Zone.


Zoning Controls The subject site is located in a Residential 1 Zone, as is the surrounding area. The purpose of the Residential 1 Zone outlined at Clause 32.01 is: • To implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies.

• To provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households.

• To encourage residential development that respects the neighbourhood character.



Page 9106


Pursuant to Clause 32.01-4, a permit is required for the development of two (2) or more dwellings on a lot. The development must meet the requirements of Clause 55. The variations to the schedule to the Residential 1 Zone are as follows: • Minimum street setback: As per Standard B6 or 7.5 metres, whichever is lesser.

• Private Open Space As per B28 except with a minimum dimension of 5.0 metres.

• Front fence height: Maximum 1.5 metre height on streets in Road Zone Category 1; 1.2 metre maximum height for other streets.

Overlay Controls No overlays affect the subject site. State Planning Policy Framework The Operation of the State Planning Policy Framework outlined at Clause 10 seeks to ensure that the objectives of planning in Victoria are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development. The objectives of Planning in Victoria are noted as: (a) To provide for the fair, orderly, economic and sustainable use, and development of



for all Victorians and visitors to Victoria. (d) To conserve and enhance those buildings, areas or other places which are of

scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value.


(b), (c), (d) and (e). (g) To balance the present and future interests of all Victorians. In order to achieve those objectives, there are a number of more specific objectives contained within the State Planning Policy Framework that need to be considered under this application. The matter of Settlement is outlined at Clause 11. Metropolitan Melbourne is considered under Clause 11.04 with the following objective outlined at Clause 11.04-5 relating to Melbourne’s Urban Growth of particular relevance to this application: To set clear limits to Metropolitan Melbourne’s urban development.



Page 9107

Clause 15 of the Scheme looks at Built Environment and Heritage, with the Urban Environment focused on under Clause 15.01. Relevant objectives of that Clause to be considered include: • To create urban environments that are safe, functional and provide good quality

environments with a sense of place and cultural identity.


• To recognise and protect cultural identity, neighbourhood character and sense of place. Clause 15.02 – Sustainable Development is also of relevance to this application, with the following objective relating to Energy and Resource Efficiency at Clause 15.02-1 having to be considered: To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. Housing, which is of particular relevance to this application, is considered under Clause 16 of the Scheme. Objectives relating to Residential Development outlined at Clause 16.01 to be considered include: • To promote a housing market that meets community needs.


• To identify strategic redevelopment sites for large residential development in Metropolitan Melbourne.


• To deliver more affordable housing closer to jobs, transport and services. With Infrastructure considered at Clause 19, Clause 19.03 the broad objectives relating Development Infrastructure should be considered. Those objectives include: • To plan for the provision of water supply, sewerage and drainage services that efficiently

and effectively meet State and community needs and protect the environment.




Page 9108

Local Planning Policy Framework The Local Planning Policy Framework (LPPF) includes the Municipal Strategic Statement (MSS) and Local Policies. The MSS is contained within Clause 21 of the Scheme. The MSS at Clause 21.02 focuses on the Municipal Profile, within which the following is noted: • In 2006 Greater Dandenong was home to over 130,000 people within an area of 129.6

square kilometres (Clause 21.02-1).

• There is considerable diversity within Greater Dandenong’s housing stock. Most housing stock is between 30 to 50 years, though there are some areas with dwellings in excess of 100 years old. Areas of newer housing are located in the north-east and central southern areas, with in-fill development occurring across the municipality (Clause 21.02-3)

• Higher density housing is generally located in proximity to railway stations and major shopping centres, in particular in central Dandenong (Clause 21.02-3).

• The municipality has similar levels of home ownership and people renting when compared to metropolitan Melbourne (Clause 21.02-3).

• Housing is relatively affordable in Greater Dandenong, though the costs have risen steeply in recent years, with house prices having risen by 27 percent in the past 5 years within Greater Dandenong compared with 4 percent across metropolitan Melbourne (Clause 21.02-3).

• The older age population (60 and above) accounts for 19 percent of the Greater Dandenong population as compared to 18 percent for metropolitan Melbourne (Clause 21.02-3).

• There is a clear predominance of single detached dwellings within the municipality however there are a range of other dwelling types including dual occupancies, villa-units, townhouses and apartments. The highest concentration of older villa-units and apartments and more recent multi-dwelling redevelopment have occurred around central Dandenong, Springvale and Noble Park activity centres (Clause 21.02-4).

• Cultural influences have defined certain precincts with their own built form character, generally flat unarticulated facades, prominent balconies, limited front and side setbacks, and limited or no landscaping (Clause 21.02-4).

The Vision for Greater Dandenong is outlined at Clause 21.03. Amongst others, the vision is that Greater Dandenong will be a municipality where housing diversity and choice is promoted in its various attractive neighbourhoods. The objectives and strategies of the MSS are under four (4) main themes including: land use; built form; open space and natural environment; and, infrastructure and transportation (considered individually under Clauses 21.04 to 21.07). Of particular relevance to this application are Clauses 21.04 – Land Use, 21.05 – Built Form and 21.07 – Infrastructure and Transportation.



Page 9109

Under Clause 21.04 – Land Use the matter of housing and community, amongst others, is covered. It is noted within Clause 21.04-1 relating to the matter of housing and community, that Greater Dandenong is forecast to be home to some 16,700 new households by 2031, representing a 36 percent increase on the number of households when compared with numbers in 2001. Of those new households 3,700 are forecast to be within ‘green field’ locations, and the balance within strategic redevelopment sites and within residential areas. Relevant objectives and strategies of that Clause include: 1. To encourage and facilitate a wide range of housing types and styles which increase

diversity and cater for the changing needs of households. 1.1 Encourage a mix of housing types that better reflects the cross section of the

community in Greater Dandenong. 1.2 Promote subdivision that provides for a range of lot sizes to cater for the diversity of

the community of Greater Dandenong. 1.3 Encourage the provision of housing that is adaptable to support the needs of the

changing needs of present and future residents. 2. To respect and improve residential environments.

2.1 Encourage developments to exceed minimum compliance with the requirements of Clauses 54, 55 and 56, where appropriate and identified.

2.2 Encourage new development that incorporates adequate space for the planting and the long term viability and safe retention of canopy trees.

4. To optimise residential consolidation around activity centres/transport nodes, and more efficient use of existing urban infrastructure. 4.2 Develop appropriate planning guidelines (including overlay controls) for the

development of well defined areas on the periphery of Central Dandenong, Springvale, Noble Park and Parkmore activity centres without detriment to the existing urban character and without compromising existing commercial businesses.

6. To improve access to affordable and appropriate housing. 6.1 Encourage the provision of affordable housing in association with larger residential

developments. 6.2 Support residential development that allows people to age in their existing

communities. Under Clause 21.05 – Built Form the matters of: urban design, character, streetscapes and landscapes; and, sustainability, amongst others, are covered. It is noted that within that Clause the identification of preferred character areas and the incorporation of clear policy directions with regard to building types and design elements appropriate to the particular character is noted as important in facilitating the achievement of attractive and sustainable built form. Relevant objectives and strategies of Clause 21.05-2 relating to the matter of urban design, character, streetscapes and landscapes, include: 1. To facilitate high quality building design and architecture.




and built form. 2.1 Promote views of high quality landscapes and pleasing vistas from both the private and public realm. 2.2 Promote all aspects of character – physical, environmental, social and cultural.



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2.3 Encourage planting and landscape themes, which complement and improve the environment.

2.4 Encourage developments to provide for canopy trees. 6. To ensure that design of the public and private environment supports accessibility and





streetscapes and landscaping of public areas. Relevant objectives and strategies of Clause 21.05-4 relating to sustainability, include: 1. To promote ecologically sustainable development.


1.2 Encourage the recycling of grey water in new developments. Under Clause 21.07 – Infrastructure and Transportation matters of physical, community and cultural infrastructure and public transport, amongst others, are covered. Relevant objectives and strategies of Clause 21.07-1 relating to the matter of physical, community and cultural infrastructure include: 2. To manage the impact of discharge of stormwater to minimise pollution and flooding. 2.1 Promote water sensitive urban design principles. 3. To minimise damage to physical infrastructure (including trees) from development.

3.1 Ensure that developments are appropriately designed and sites to minimise damage to the physical infrastructure.

3.2 Ensure works associated with development minimise the impact on tree roots. Relevant objectives and strategies of Clause 21.07-2 relating to the matter of public transport include: 1. To increase the use of public transport.


1.2 Encourage medium-density housing and mixed use development to locate near activity centres which have access to public transport.

Relevant objectives and strategies of Clause 21.07-3 relating to the matter of walking and cycling include: 1. To promote and facilitate walking and cycling. Ensure walking and cycling are important design elements in all land use and

development decisions. 1.4 Discourage vehicle cross-overs where they have a significant impact on pedestrian

movements.



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Clause 22.09 – Residential Development & Neighbourhood Character Policy – affects all residential development requiring a planning permit in a Residential 1, 2 and 3 Zone. (This policy does not apply to land included in the Logis Site under Amendment C90, Keysborough South Stages 1, 2 and 3 of the Keys and Crystal Waters Estates under Amendment C36 and any other land located within a major or principal activity centre such as the Dandenong CAD, Springvale, Parkmore and Noble Park), as defined in the City of Greater Dandenong Neighbourhood Character Study (September 2007). Clause 22.09-2 contains the following objectives:





• To encourage varied forms and intensities of residential development in appropriate locations throughout Greater Dandenong, having regard to metropolitan policies promoting urban consolidation and increased densities and existing neighbourhood character.


• To ensure that the sitting and design of new residential development takes account of its interface with existing residential development on adjoining sites and responds to the individual circumstances of its site and streetscape it is located within.

• To implement the City of Greater Dandenong Neighbourhood Character Study (September 2007).

Within the City of Greater Dandenong Neighbourhood Character Study (September 2007) which is listed as a Reference Document under Clause 21.08, the subject site is identified as being located within Existing Character Area 9 which is bounded by physical barriers such as Sandown Racecourse, Princes Highway, the railway and Eastlink. The area was originally developed in the 1950-1960’s, however is undergoing a transitional phase as older housing stock is demolished for infill unit developments and replacement single dwellings. The landscape character of the western half of the area is more pronounced, with significant canopy vegetation in the private realm due to the larger size of allotments.



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Clause 22.09 divides the residential zoned land within the municipality into three character areas and articulates what degree of change is appropriate in each area by reference to design guidelines. The three character areas are:

• Substantial Change Areas;

• Incremental Change Areas; and

• Limited Change Areas. The Substantial Change Area aligns with the Residential 2 Zone, the Incremental Change Area aligns with the Residential 1 Zone and the Limited Change area aligns with the Residential 3 Zone. Consistent with its Residential 1 zoning, the subject site is located within Future Character Area B (Incremental Change Area). Clause 22.09-3.2 outlines the policy framework for Incremental Change Areas as follows: Location – Incremental change areas generally include those areas developed from the 1950s and 60s, that run through the centre of the Greater Dandenong but which are further from the central spine of the municipality (that includes the Princes Highway road and rail corridor, and the activity centres of Dandenong, Noble Park and Springvale) than substantial change areas. It includes:

• areas that broadly encircle the Dandenong Activity Centre, including Dandenong South;

• the growth corridor along Princes Highway/ railway line, encapsulating: Noble Park, Springvale, Springvale South & Mulgrave;

• directly surrounding Parkmore Shopping Centre/ Fredrick Wachter Reserve;

• directly to the south of Waverley Gardens Shopping Centre; and

• corridors along Cheltenham and Stud Road

Existing character – Incremental change areas originally developed from the 1950’s onwards and substantially consist of single storey detached houses in a garden setting. Throughout these areas there has been a reasonable level of new infill development, but this has largely been restricted to one and two storey detached dwellings and one and two storey multi-dwelling developments. Future character - The future character of incremental change areas will evolve over time to contain a greater proportion of well designed and site responsive medium density infill development, at a lower intensity than in substantial change area, but a higher intensity than in limited change areas. Residential development will essentially comprise dwellings of up to 2 storeys with ground level components. Developments of up to three storeys and development that contain dwellings that do not have ground level components will only occur in special circumstances. Consolidation of allotments to increase development potential is encouraged.



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The amenity of adjoining dwellings will be preserved by responsive site design that ensures an appropriate setback of two and three storey buildings from sensitive outdoor living areas, or from the main outlook from living rooms, on adjoining properties to enable screen planting. Sufficient ground level space will be provided at the front of sites, and along side and rear boundaries adjacent to sensitive outdoor living areas on adjoining properties, to provide for landscaping and canopy trees to soften the appearance of the built form when viewed from the street and from adjoining sensitive outdoor living areas, and to provide a landscape character throughout. The Design Guidelines for Incremental Change Areas are: Design Guidance

Housing form A higher proportion and intensity of medium density infill development than in limited change areas. All dwellings to have ground level components. Developments comprising dwellings without ground level components only in special circumstances

Height Up to 2 storeys, with 3 storeys a possibility where appropriate considering its interface with existing residential development, response to site circumstances and streetscape

Bulk

More intense and higher elements of built form focussed towards the front of a site. Avoid tiered approach at upper levels. Double storey buildings to the rear of existing buildings on a lot are generally discouraged. Where appropriate dwellings on a site may be two storey, provided there are separations between the upper levels of dwellings

Site Coverage As per Clause 55

Permeable site area Minimum of 30%

Front setback As per Clause 55 or 7.5 metres, whichever is the lesser Side and rear setback As per Clause 55

Private open space As per Clause 55 – with minimum dimension of 5.0m

Car parking For developments comprising dwellings with a ground level component - garages and parking areas located behind buildings, generally hidden from view. For more intensive developments comprising dwellings without a ground level component, basement or in building car parking

Landscaping 70% of ground level front setback planted with substantial landscaping and canopy trees

Front boundary

Open or low scale front fences not to exceed 1.5 metres for street in Road Zone Category 1 and maximum height of 1.2 metres for other roads to allow a visual connection between landscaping in front gardens and street tree planting. Car access, parking and paving within the front setback will be limited in order to maximise the opportunity for soft landscaping. Second crossovers on allotments with frontage widths below 17m will be discouraged.



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Particular Provisions Clause 55 – Two or more dwellings on a lot and residential buildings, details the provisions which relate to an application for residential development. Its purpose includes: • To implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies.




Under this Clause, the objectives must be met, and the standards should be met as a means of meeting the objectives. General Provisions Clause 65 – Decision Guidelines needs to be considered, as is the case with all applications. For this application the requirements of Clause 65.01 for the approval of an application or plan is of relevance. This Clause outlines the requirements that the responsible authority must consider when determining the application. Other Council Documents Council has some documents, which whilst not included in the Planning Scheme should be considered in the assessment of the application for the purpose of being used for guidance. This includes Council’s ‘Multi-Unit Developments Waste Collection Guidelines for Developers’ (December 2004). Those Guidelines aim to provide developers with guidance on waste collection and management requirements when designing multi-dwelling developments with the municipality. Council’s general waste collection for residential properties typically comprises: • A weekly collection of household garbage using an 80 or 140 litre mobile bin;

• A fortnightly recycling collection using a 240 litre mobile bin; and,

• A fortnightly garden waste collection (on alternate weeks to the recycling service) using a 240 litre mobile bin.

Under the Guidelines, for the collection of waste from the nature strip a minimum length of 1.76 metres is required for the garbage bin and either the recycling/garden waste bin, clear of any obstructions. A minimal clearance equal to the height of each bin (up to 1.1 metres) is required behind and along the lifting arc. Where the provision of waste collection from the nature strip is inappropriate, collection from the site will be required, which may or may not be undertaken by Council services.



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The applicant has advised that the proposal does not breach, in any way, an encumbrance on title. A perusal of the title documentation provided confirms that this is the case.

Links to Council's Annual Plan




Community Safety




Referrals

External The application was not required to be referred to any external authorities pursuant to Section 55 of the Planning and Environment Act 1987. Internal The application was internally referred to the following for their consideration:

Council Referrals No objection subject to conditions

Arborist Council’s Arborist advised that he had inspected the property and reviewed the proposal on site on 25/07/2011.

Council’s Arborist noted that all internal vegetation is to be cleared to allow for the construction of the proposed dwellings. The more notable vegetation on the subject site is along the northern fenceline, a Photonia and Pittosporum hedge, and in the rear garden a Corymbia ficifolia (Flowering Gum). Council’s Arborist has no objection to the removal of all the vegetation on the subject site.



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Council’s Arborist advised on the adjoining site to

the north at 23-29 Namur Street, there is a Melaleuca tree which exists at the front of the property close to the boundary fence. Council’s Arborist considers it unlikely that the proposed development will impact upon this tree.

Council’s Arborist advised that the naturestrip tree at the front of the subject site will be within 3.0 metres of the proposed crossovers. The location of this tree will cause future problems with sight lines for drivers exiting the subject site and the installation of the crossovers will damage the tree’s root systems. Council’s Arborist does not object to the removal of this tree as a Customer Funded Removal. The applicant would need to fill in the relevant form and agree to its conditions. The ‘Street Tree Removal’ note can be provided as a note on permit, if granted.

Advertising

The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987, by:

• Sending notices to the owners and occupiers of adjoining land; and

• Placing a sign on site facing Namur Street

The notification has been carried out correctly. Council has received four (4) objections to date. The location of the objectors is shown in Attachment 1.

Consultation

A consultative meeting was held on 13/10/2011, with the applicants, the objectors and Council representatives in attendance. Whilst the issues were discussed at length there was no resolution and the scheme has not been amended since the meeting. The objections have not been withdrawn and therefore they stand as received.



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Summary of Grounds of Objection

The objections are summarised below (bold), followed by the Town Planner’s Response (in italics). 1. Traffic

The objectors are concerned that the street is too narrow and there are too many cars parked in the street already. The objectors consider that this proposal would give rise to more traffic congestion in the area. Each proposed dwelling has three (3) bedrooms. Dwellings 1, 2 and 3 are to be provided with a double garage each, whilst Dwelling 4 is to be provided with a single garage and tandem car space in front. Each dwelling is provided with the requisite number of car parking spaces for its intended size in accordance with Standard B16 of Clause 55, being two (2) car spaces per three (3) bedroom dwelling. Given that the proposed development is for less than five (5) dwellings, no visitor car parking is required. As sufficient provision has been made for car parking on site, it is unlikely that there would be a significant impact on traffic congestion in the street as a result of this proposal.

2. Impact on existing infrastructure

The objectors are concerned that the proposed development will place additional strain on the existing utilities infrastructure, particularly with regard to water pressure. The site is located in an existing residential area which has access to adequate road and drainage infrastructure. The developer will need to make applications to the appropriate suppliers for water, sewerage, electricity, gas and phone services. It is not expected that the development of four (4) additional homes will unreasonably overload the capacity of the existing services.

Any existing concerns regarding water pressure are the responsibility of South East Water as the service provider.

3. Overdevelopment

The objectors are concerned that the proposal constitutes an overdevelopment of the subject site, and that this will increase traffic congestion in the area.

It is noted that all four (4) dwellings, each of three (3) bedrooms, have been provided with appropriate on-site car parking facilities in accordance with Standard B16 of Clause 55, and adequate areas of private open space in accordance with Standard B28 (Private Open Space) of Clause 55 and the Schedule to the Residential 1 Zone at Clause 32.01 of the Scheme. The assessment contained within this report finds that subject to the provision of a landscape plan, all other standards of Clauses 55 and 22.09 are met. The development cannot be considered to be excessive for the zone if these tests are met.



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4. Side neighbour fencing The objector to the rear of the subject site is concerned about the condition of the fence between the subject site and their property, and the effect that construction will have on this fence. It is noted that unless the fencing is required under this planning permit application to prevent overlooking, the issue of fencing between the subject site and the objector’s property is a civil matter between the two respective property owners. The securing of fences between properties during the construction process is covered under the Building Regulations.

Assessment

Use The use of the land for dwellings does not require a planning permit pursuant to Clause 32.01-1 of the Greater Dandenong Planning Scheme. The residential nature of the proposal is consistent with the surrounding uses. A permit is only required, pursuant to Clause 32.01-4 of the Greater Dandenong Planning Scheme, for two (2) or more dwellings to be constructed on a lot in the Residential 1 Zone. State and Local Policies As noted above, the State and Local Planning Policy Framework encourages higher densities and a range of dwelling types where advantage of well established social infrastructure can be taken. The proposed development is located within close proximity to a range of existing infrastructure and services, including shops and public transport nodes and will add to the housing diversity of the area, catering for the changing community profile.

Clause 22.09 – Residential Development and Neighbourhood Character Policy Pursuant to Clause 22.09-3.2, an assessment of the proposal against the Design Guidelines for Incremental Change Areas is provided as follows: Design Guidance Response

Housing form

A higher proportion and intensity of medium density infill development than in limited change areas. All dwellings to have ground level components. Developments comprising dwellings without ground level components only in special circumstances

It is considered that the proposed development constitutes a more intense form of medium density infill which is appropriate to the incremental change area that the subject site is located in, as opposed to a limited change area. All four (4) dwellings have ground level components.



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Height

Up to 2 storeys, with 3 storeys a possibility where appropriate considering its interface with existing residential development, response to site circumstances and streetscape

The proposed development has a maximum height of two storeys which is considered reasonable along Namur Street and accords with the Design Guidelines.

Bulk

More intense and higher elements of built form focussed towards the front of a site. Avoid tiered approach at upper levels. Double storey buildings to the rear of existing buildings on a lot are generally discouraged. Where appropriate dwellings on a site may be two storey, provided there are separations between the upper levels of dwellings

The building height and bulk of the proposed development is relatively uniform throughout the depth of the subject site. All four (4) dwellings within the proposed development are separated at upper floor level.

Site Coverage As per Clause 55

The site coverage of the proposal is approximately 49.74% which is under the maximum of 60% allowed under Standard B8 of Clause 55.

Permeable site area Minimum of 30%

33.76% of the site area will remain permeable, which is greater than the minimum of 30% required under Clause 22.09-3.2.

Front setback As per Clause 55 or 7.5 metres, whichever is the lesser

The setback of the nearest apartment building abutting the north of the subject site at 23 Namur Street is 22.0 metres, whilst the side setback of the dwelling abutting the south of the subject site at 1 Marna Court is 2.0 metres. Therefore the average of the two setbacks considered in Clause 55 is 12.0 metres. Therefore, the lesser measurement of 7.5 metres applies. Dwellings 1 and 4 have a minimum front setback of 7.5 metres, which is consistent with the minimum 7.5 metres required under Clause 22.09-3.2.



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Side and rear setback As per Clause 55

The proposed side and rear setbacks meet the requirements of Standard B17 of Clause 55. The development is set back in excess of 1.0 metre from all property boundaries for walls up to 3.6 metres in height, and in excess of 1.8 metres for walls up to 6.9 metres in height, with the exception of walls which are on the boundary.

Private open space

As per Clause 55 – with minimum dimension of 5.0m

All four (4) dwellings are provided with adequate areas of usable private open space, in excess of the minimum requirements of this standard. Dwelling 1, 2 and 3’s private open space areas are accessed from the Living Room, whilst Dwelling 4’s private open space is accessed from the Dining Room. The overall respective areas are as follows: Dwelling 1 has a total private open space provision of approximately 30.05m² useable POS + a 65.25m² front yard. Dwelling 2 has a total private open space provision of approximately 47.45m² useable POS. Dwelling 3 has a total private open space provision of approximately 49.64m² useable POS. Dwelling 4 has a total private open space provision of approximately 37.15m² useable POS + a 32.25m² front yard. All dwellings meet the required 5.0 metre by 5.0 metre area of SPOS. As such, the proposed development complies with Standard B28 of Clause 55.



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Car parking

For developments comprising dwellings with a ground level component - garages and parking areas located behind buildings, generally hidden from view. For more intensive developments comprising dwellings without a ground level component, basement or in building car parking

The proposed development comprises of four (4) dwellings with ground level components. The garages are located behind the dwellings and are generally hidden from view.

Landscaping 70% of ground level front setback planted with substantial landscaping and canopy trees

A landscape plan can be required as a condition of permit, if one were to be granted, and would include advanced planting across the site (including the front setback), two (2) canopy trees in the front setback of Dwelling 1 and one (1) canopy tree in the front setback of Dwelling 4.

Front boundary

Open or low scale front fences not to exceed 1.5 metres for street in Road Zone Category 1 and maximum height of 1.2 metres for other roads to allow a visual connection between landscaping in front gardens and street tree planting. Car access, parking and paving within the front setback will be limited in order to maximise the opportunity for soft landscaping. Second crossovers on allotments with frontage widths below 17m will be discouraged.

No front fence is proposed as part of this application. Two (2) 3.0 metre wide accessways will be provided in the front setback, however there will still be sufficient opportunity to provide soft landscaping. The subject site has a frontage greater than 17.0 metres and as such, two (2) crossovers are reasonable.

Clause 55 Assessment An assessment of the proposal against the requirements of Clause 55 is attached to this report. The assessment of the application against this Clause found the proposed development meets the overall objectives of the Clause, or can do so through conditions of any permit issued, meeting the objectives as a whole. The use of the land for medium density housing is appropriate, and the proposal in its current form is considered to be suitable for the subject site given its proximity to existing infrastructure and public transport nodes. The proposed development can be accommodated on the land with minimal impact on the amenity of abutting properties.



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The siting of the proposed dwellings ensures a satisfactory level of amenity for future residents on the site. The existing character of the area is typified by a variety of built forms from single storey dwellings through to double storey apartment buildings. It is considered that the proposal for four (4) double storey dwellings across the site respects the existing and preferred future character of the area. A full Clause 55 Assessment is included as Attachment 3. Waste Collection The collection of waste for each dwelling is available from Namur Street for general Council collection and accords with the guidance contained within ‘Multi-Unit Developments Waste Collection Guidelines for Developers’.

Vegetation & Tree Impact There are no trees or vegetation on adjoining or surrounding properties which would be affected by the proposed development, with the exception of the naturestrip tree to the west of the subject site which can be removed as a Customer Funded Removal. A detailed landscape plan has not been submitted with the application. A landscape plan can be required as a condition of permit, if granted, and would include advanced planting of shrubs across the site, the provision of one (1) canopy tree with a minimum planting height of 1.5 metres in the private open space area of each dwelling, two (2) canopy trees with a minimum planting height of 1.5 metres in the front setback of Dwelling 1 and one (1) canopy tree with a minimum planting height of 1.5 metres in the front setback of Dwelling 4. Subject to this level of planting being secured through permit conditions, should one be issued, Council’s Arborist has no objection to the scheme.

Conclusion

The application has been assessed against the relevant sections of the Greater Dandenong Planning Scheme, including the State and Local Planning Policy Framework, Municipal Strategic Statement, Clause 55 and Clause 65. As assessed, the proposal would, subject to conditions, be consistent with, and appropriately respond to, the provisions of the Greater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy for residential development in the area with this report recommending that the application be supported, that a Permit be granted and a Notice of Decision (which provides appeal rights to objectors) to grant a permit be issued containing the conditions as set out in the recommendation.



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Recommendation That Council resolves to issue a Notice of Decision to grant a permit in respect of the land known and described as No. 31 Namur Street, Noble Park, for the construction of two (2) or more dwellings on the lot, in accordance with the plans submitted with the application subject to the following conditions:



1.1. A landscape plan in accordance with Condition 14 of this permit, but

modified to show:

1.1.1 Advanced planting across the site. 1.1.2 The provision of two (2) canopy trees with a minimum planting

height of 1.5 metres within the front setback of Dwelling 1. 1.1.3 The provision of one (1) canopy tree with a minimum planting


height of 1.5 metres in the secluded POS area of each dwelling.

All to the satisfaction of the Responsible Authority. 2. The development as shown on the endorsed plans must not be altered without

the further written consent of the Responsible Authority. 3. Once the development has started, it must be continued and completed in




5. Floor levels shown on the endorsed plan(s) must not be altered or modified

without the further written consent of the Responsible Authority. 6. Provision must be made for the drainage of the site including landscaped and

pavement areas, all to the satisfaction of the Responsible Authority. 7. Before the occupation of the dwellings hereby approved, the area(s) set-aside for

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

7.1. Constructed in accordance with the endorsed plan/s.



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

7.3. Surfaced with an all-weather sealcoat. 7.4. Drained to the legal point of discharge.


8. In areas set aside for carparking, measures must be taken to prevent damage to

fences or landscaped areas, all to the satisfaction of the Responsible Authority. 9. Standard concrete vehicular crossing/s must be constructed to suit the

proposed driveway/s in accordance with the Council's standard specifications and any vehicle crossing no longer required must be removed and the land, footpath and kerb and channel reinstated, to the satisfaction of the Responsible Authority.

10. Access to the site and any associated roadworks must be constructed, all to the

satisfaction of the Responsible Authority. 11. All external lighting of the site, including carparking areas and dwellings, must


12. All wastes must be disposed of to the satisfaction of the Responsible Authority

and no liquid waste or polluted waters shall be discharged into a sewer or a stormwater drainage system.

13. Before the use of the land starts, landscaping works as shown on the endorsed

plan/s must be completed and then maintained, all to the satisfaction of the Responsible Authority.

14. A landscape plan for the site prepared by a person suitably qualified in

landscape design shall be submitted to the Responsible Authority. The details of that person’s qualifications must be given and the plan must show existing vegetation to be retained, all proposed trees, shrubs and ground cover, including the botanical names and sizes at maturity of all plants, and the location of all areas to be covered by grass, lawn or other surface material to be specified. The development of the land shall not be commenced until such time that the submitted plan has been approved by the Responsible Authority.

An endorsed copy of the approved plan shall form part of this permit.

15. All piping and ducting above the ground floor storey of the buildings, except for


16. The obscure glazing to the windows shown on the endorsed plans must be

through frosted glass or similarly treated glass, and thereafter maintained to the satisfaction of the Responsible Authority. Adhesive film or the like that can be removed must not be used.

17. All screens marked on the endorsed plan shall be maintained by the owner of the

land to the satisfaction of the Responsible Authority.



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18. All boundary walls in the development must be constructed, cleaned and finished to the satisfaction of the Responsible Authority.

19. A retractable or folding linear type of clothesline shall be provided in the private courtyard appurtenant to each dwelling. No other type of clothesline shall be permitted unless indicated in writing by the Responsible Authority.



20.2. The development is not completed within four (4) years of the date of this

permit.


Notes A Vehicle Crossing Permit must be obtained from Council for all vehicular

crossings prior to construction of the crossings. A Building Approval is required prior to the commencement of the approved

development. Prior to the removal of any street tree/s, further consent is required from Council

(via Council’s Infrastructure Planning Unit) and where practicable, a replacement tree may be required to be planted. All fees associated with the removal and replacement shall be borne by the applicant requesting the removal of the street tree/s. Arrangements for the removal of the tree/s must be made through Council’s Infrastructure Planning Unit.

Prior to the final design being completed, the applicant should consult with Council’s Infrastructure Planning Department in regard to the legal point of discharge for this site.

MINUTE 1086 Moved by: Cr Pinar Yesil Seconded by: Cr Peter Brown That Council resolves to issue a Notice of Decision to grant a permit in respect of the land known and described as No. 31 Namur Street, Noble Park, for the construction of two (2) or more dwellings on the lot, in accordance with the plans submitted with the application subject to the following conditions:




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1.1 A landscape plan in accordance with Condition 14 of this permit, but

modified to show:




height of 1.5 metres in the secluded POS area of each dwelling.

All to the satisfaction of the Responsible Authority. 2. The development as shown on the endorsed plans must not be altered without







pavement areas, all to the satisfaction of the Responsible Authority. 7. Before the occupation of the dwellings hereby approved, the area(s) set-aside

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

7.1 Constructed in accordance with the endorsed plan/s. 7.2 Properly formed to such levels that they can be used in accordance with

the plans. 7.3 Surfaced with an all-weather sealcoat. 7.4 Drained to the legal point of discharge.




proposed driveway/s in accordance with the Council's standard specifications and any vehicle crossing no longer required must be removed and the land, footpath and kerb and channel reinstated, to the satisfaction of the Responsible Authority.



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11. All external lighting of the site, including carparking areas and dwellings, must







landscape design shall be submitted to the Responsible Authority. The details of that person’s qualifications must be given and the plan must show existing vegetation to be retained, all proposed trees, shrubs and ground cover, including the botanical names and sizes at maturity of all plants, and the location of all areas to be covered by grass, lawn or other surface material to be specified. The development of the land shall not be commenced until such time that the submitted plan has been approved by the Responsible Authority.






17. All screens marked on the endorsed plan shall be maintained by the owner of

the land to the satisfaction of the Responsible Authority. 18. All boundary walls in the development must be constructed, cleaned and





20.2 The development is not completed within four (4) years of the date of this

permit.



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crossings prior to construction of the crossings. A Building Approval is required prior to the commencement of the approved

development. Prior to the removal of any street tree/s, further consent is required from Council

(via Council’s Infrastructure Planning Unit) and where practicable, a replacement tree may be required to be planted. All fees associated with the removal and replacement shall be borne by the applicant requesting the removal of the street tree/s. Arrangements for the removal of the tree/s must be made through Council’s Infrastructure Planning Unit.

Prior to the final design being completed, the applicant should consult with Council’s Infrastructure Planning Department in regard to the legal point of discharge for this site.

CARRIED

Cr Maria Sampey returned to Chamber at 7.36pm.



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6.4.7 Town Planning Application - No. 52-54 Thomas Murrell Crescent, Dandenong South (Planning Application No. PLN11/0539)

Attachments: Submitted Plans Site and Environmental Management Plan (SEMP) Annexures


Application Summary

Applicant: KLM Spatial Proposal: Use and Develop the land for the purpose of Materials Recycling Zone: Industrial 2 Zone Overlay: Not applicable Ward: Red Gum It is proposed to use and develop the land known as 52-54 Thomas Murrell Crescent, Dandenong South (Lot 11 on Plan of Subdivision PS526505L, for the purpose of Materials Recycling. The proposed land use would involve the delivery of construction and demolition waste mixed with soil to the site. This waste would be stockpiled and then crushed within a fully enclosed shed. The use would require the construction of an operations shed, workshop, amenities block, gatehouse, concrete tipping apron and a raised concrete pad and would include the provision of mobile plant and equipment (i.e. jaw crusher, extraction belts, hoppers and a screen) within the proposed operations shed. Landscaping and boundary fencing would also be provided. The application also seeks a reduction of the car parking requirement of Clause 52.06 of the planning scheme. A planning permit is required for the use and development of the land under the provisions of the Industrial 2 Zone.

Objectors Summary

The application was not advertised to the surrounding area under Section 52 of the Planning and Environment Act 1987 as:

• Notification of the use of the land is exempt pursuant to Clause 33.02-1 of the Greater Dandenong Planning Scheme;

• Notification of the buildings and works is exempt pursuant to Clause 33.02-4 of the Greater Dandenong Planning Scheme.

As such, no objections were received to the application.


As assessed, the proposal is consistent with and appropriately responds to the provisions of the Greater Dandenong Planning Scheme. The proposal appropriately responds to strategic policy for industrial development in the area with this report recommending that the application be supported, and that a Permit be granted subject to conditions as set out in the recommendation.


Town Planning Application - No. 52-54 Thomas Murrell Crescent, Dandenong South (Planning Application No. PLN11/0539) (Cont.)

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Locality Plan

Subject Site Melway Ref: 94 K4


Subject Site The subject site is land identified as 52-54 Thomas Murrell Crescent, Dandenong South; Lot 11 on PS526505L. It is irregular in shape and is located at the eastern end of the northern section of Thomas Murrell Crescent. It has a curved south-western frontage to this road of 25.78 metres, a north-western boundary of 13.7 metres, a western boundary of 63.23 metres, a northern boundary of 94.68 metres, an eastern boundary of 79.69 metres, a southern boundary of 78.74 metres and a south-eastern boundary of 19.33 metres, which gives it an area of 7,972m². The development site is currently vacant and contains a 60 metre long (east-west) by 20 metre wide (north-south) stand of significant vegetation in the north-eastern corner of the subject site. Surrounding Area The subject site is located within a heavy industrial area which is bounded by Greens Road to the north, Hammond Road to the east, Bangholme Road to the south and Eastlink/Ordish Road to the west. The area accommodates a variety of heavy industrial uses. The subject site is bounded to the north by a textiles manufacturer at 27 Bamwine Court, to the north-east by a producer of pharmaceuticals at 35-61 South Park Drive, and to the east by a sheet metal producer/fabricator at 46 Brooks Drive. Please refer to the locality map on the next page for the location of the subject site and its surroundings:

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Background

Previous Applications The subject site was originally part of a larger property referred to as 59-87 Ordish Road. Planning Permit PLN04/0442 was issued on 03/02/2005 for the‘Subdivision of the land into twenty nine (29) lots, the creation of a road and removal of native vegetation, in accordance with the endorsed plans’. The plans were subsequently endorsed on 08/08/2007. Subject Application The current application has arisen from enforcement action initiated by Council’s Planning Enforcement Unit noting that the proponents had commenced to use the subject site for purposes of materials recycling without a planning permit. Planning Compliance File No. PC11/0087 commenced on 21/02/2011. The proponents were required to cease the unauthorised use of the land for materials recycling and apply for a planning permit, hence this application. A recent inspection of the site found that the unauthorised use had ceased.

Proposal

The application proposes to use and develop the land at 52-54 Thomas Murrell Crescent, Dandenong South (Lot 11 on PS526505L) for the purpose of Materials Recycling. Details of the application are provided under the following headings: Land Use, Buildings and Works and Car Parking and Access.

Land Use It is proposed to use the land for Materials Recycling. In particular construction and demolition (C&D) waste is delivered to the site, stockpiled and crushed to provide fill for new subdivisions or development earthworks. The applicant advises that the main source of C&D waste are construction sites operated by plant and hire companies such as Thiess Australia and Conney that generate a large amount of excavated soil mixed with solid inert material. As part of the proposed operational management requirements, companies supplying raw materials to the site will be required to provide authorised certificates verifying the raw material loads do not contain contaminated substances. The proposal will include the following processes: Delivery of Raw Materials

Raw materials are delivered to the site by tipping truck. The scheduled deliveries will be emptied onto the concrete tipping apron located centrally on the subject site. Sufficient area for vehicle manoeuvrability has been provided to ensure vehicles can enter and exit the site in a forward direction.



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Manual Sorting

The raw materials are first manually sorted by a digger with a skeleton bucket. The digger extracts large rubble and concrete pieces, as well as any substantial metal and plastic objects. The large rubble extracted from the raw load generally makes 10-15% of the total and consists primarily of concrete and masonry, but also includes a small percentage of plastics and metals. These extracted materials are then processed separately, as follows:

• Plastic, metal and miscellaneous materials (e.g. Wood) are stored in separate bins which are transported to respective local recycling plants; and

• Rubble, brick, concrete and bitumen are transferred to the jaw crusher for processing (discussed further below).

The remaining soil and smaller materials are transferred by digger to the hopper to be sieved through the screen as discussed below. This process is conducted within the fully-enclosed Operations Shed. Materials Screening

Screening separates the small rubble from the fill material. The soil product extracted from the screen is referred to as clean fill and is the primary recyclable product of the recycling operation. The clean fill is transferred by extraction belt directly to the stockpile located to the north-east of the screen. The clean fill is collected on a daily basis to be used for various purposes. Currently, there are contracts in place to provide clean fill to the Buninyong Cemetary which is seeking clean fill on a daily basis for the next 3 to 5 years. The fill can be utilised for subdivisions and development earthworks. The use operates only to retain a 10-25% capacity stockpile of raw materials on-site overnight. The nature of supply and demand for the proponent’s operation will allow the site to operate in this manner for the foreseeable future. Rubble Crushing

Large and small rubble is proposed to be processed for recycled use by means of a jaw crusher contained within a fully enclosed building. This device will be fed automatically with the small rubble extracted from the fill, as well as manually with the large rubble manually extracted from the raw material by digger. Once processed, the crushed aggregate will be directed to a designated stockpile by an extraction belt. The extraction belt will take the crushed aggregate from within the full-enclosed Operations Shed to the open-air crushed aggregate stockpile.



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Stockpiles

Three (3) open-air stockpiles are proposed as part of this application. These are for the following purposes:

• Raw materials on delivery prior to manual sorting and screening;

• Clean fill prior to collection; and

• Crushed aggregate prior to collection.

It is proposed by the applicant that the height of the stockpiles on-site will not exceed five (5) metres, in order to minimise and manage the visual impact of the use on surrounding land. It is noted that the primary stockpile, being for ‘clean fill’, is located in the north-eastern corner of the site, which is the furthest point from Thomas Murrell Crescent. These stockpiles will be enclosed by a 3.0 metre high wall on three (3) sides. However, it is considered appropriate to reduce the maximum height of these stockpiles from 5.0 metres to 4.0 metres, and to consequently increase the height of the walls from 3.0 metres to 5.0 metres, to reduce the potential for air-borne emissions to adjoining properties, in particular the pharmaceutical producer. The below flowchart provides a summary of the site operations:

It is proposed by the applicant that 150 tonnes of raw material would be processed on the subject site on a daily basis. The stockpile to the west of the operations shed will be the original/raw material, with the two (2) stockpiles to the east of the operations shed being for clean fill (to the north) and crushed aggregate (to the south). The height of each crushed stockpile would be a maximum of 5.0 metres.



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The site would not be open to the general public and generally orders would be taken over the telephone and customers would provide their own trucks to collect the material from the site. The proposed hours of operation at the subject site are 7.00am to 4.00pm Monday to Friday. The site will be closed on weekends. A site manager will be responsible for a site diary to record any abnormal occurrences that may occur throughout the course of operation. These shall include: accidents of any nature, visitors to the site, weather conditions of the day, rejected loads, site shutdowns, and complaints of any nature. It is noted that a Site and Environmental Management Plan (SEMP) has been prepared for the site and has been reviewed as part of this assessment. This document is included as Attachment 2.

Buildings and Works Permanent Structures

The proposal includes the provision of a 3.0 square metre gatehouse adjacent to the entrance to the site which will be used to monitor vehicles entering and exiting the site and manage traffic if required. A combined office, lunchroom and ablution transportable unit is proposed to the rear of the gatehouse, setback 4.0 metres from the western boundary of the subject site to allow for the proposed vegetation buffer. This unit is 28.8 square metres in area and includes a kitchenette and single unisex bathroom accessible from outside of the structure. A 6.0 metre by 6.0 metre workshop/shed is proposed in the northern portion of the site. This will provide an area to store small scale on-site equipment and covered workspace for ongoing maintenance of the site and plant. A 25.0 metre long by 14.0 metre wide (or 350m²) enclosed shed is also proposed to encompass the screen and jaw crusher plant. This shed is proposed to be openable along the western length (lockable sliding colorbond doors are to be provided) to enable plant movement and function (adjacent to raw materials) while being enclosed along the northern, southern and eastern lengths. 1.0 metre wide by 1.0 metre high window openings will be located along the eastern length of the shed to allow the two (2) extraction belts to feed into the stockpiles. A 3.0 metre high concrete wall is proposed to encompass the clean fill and crushed aggregate stockpiles in the eastern portion of the site. These will provide a wind break to the prevailing northerly, southerly and westerly winds as well as providing articulation for stockpiles and collection. The 27.0 metre long by 15.0 metre wide tipping apron located centrally on-site is proposed to be concrete. A 2.5 metre high wire mesh fence is proposed around the perimeter of the site, with a security gate to be located along the entrance to the site from Thomas Murrell Crescent.



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Plant

The proposed, permanent on-site machinery and plant equipment include the following:

• Two (2) diggers to manually sort and shift materials;

• Front-end loader – to shift the stockpiles of materials;

• Screen with hopper and extraction belts – to separate small rubble and clean fill; and

• Jaw Crusher – to crush rubble for recycled use.

The proposed jaw crusher is a mobile unit, powered by a 4 cylinder diesel engine. It features a crusher with inlet dimensions of 60 centimetres by 40 centimetres, a Grizzly Feeding System (which includes a pre-screening of the material) and a long hydraulic folding extraction belt. It is completely remote controlled. The crusher is capable of producing up to 60 tonne of crushed aggregate per hour, with a hydraulic regulation of granulometry from 20 millimetres to 100 millimetres. A summary of the technical characteristics of the jaw crusher is provided below: Model LEM TRACK 60-40 Size of Feeder Opening (mm) 600 x 400 Capacity (t/h) 60 Motor Power (kW) 60 Noise Level Generated (dB) <90

Car Parking and Access The application also proposes the provision of ten (10) parking spaces. No trucks or other vehicles will be parked on-site overnight. Access/egress will be through a single driveway, 8.0 metres wide, with entry and exit monitored at the gatehouse. The applicant submits that the incoming loads vary in weight based on truck capacity; the average weight is between 12-18 tonne. It is expected that the site will generate approximately thirty (30) truck movements on average per day, within operational hours. A copy of the submitted plans is included as Attachment 1.




Pursuant to the Greater Dandenong Planning Scheme, a planning permit is required:

• For the use of the land for Materials Recycling under Clause 33.02-1.

• For the construction of buildings and the construction or carrying out of works under Clause 33.02-4.



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• For a reduction of the car parking requirement for Materials Recycling under Clause 52.06-1.


Zoning Controls The subject site is located in an Industrial 2 Zone, as is the surrounding area. The purpose of the Industrial 2 Zone outlined at Clause 33.02 is:


• To provide for manufacturing industry, the storage and distribution of goods and associated facilities in a manner which does not affect the safety and amenity of local communities.

• To promote manufacturing industries and storage facilities that require a substantial threshold distance within the core of the zone.

• To keep the core of the zone free of uses which are suitable for location elsewhere so as to be available for manufacturing industries and storage facilities that require a substantial threshold distance as the need for these arises.

Pursuant to Clause 33.02-1, Materials Recycling is a permit required (Section 2) use. Materials Recycling is included in the definitions of Industry under the Greater Dandenong Planning Scheme. Application requirements, decision guidelines and exemption from notice and review for applications relating to the use of land are listed at Clause 33.02-2. Pursuant to Clause 33.02-4 a permit is required to construct a building or to construct or carry out works. The application requirements and decision guidelines for such applications under this clause, along with exemptions from notice requirements and review rights are also found under this clause (i.e. 33.02-4). Overlay Controls No overlays affect the subject site. State Planning Policy Framework The Operation of the State Planning Policy Framework outlined at Clause 10 seeks to ensure that the objectives of planning in Victoria are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development. The objectives of Planning in Victoria are noted as: (a) To provide for the fair, orderly, economic and sustainable use, and development of


maintenance of ecological processes and genetic diversity.



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(c) To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria.



(b), (c), (d) and (e). (g) To balance the present and future interests of all Victorians. In order to achieve those objectives, there are a number of more specific objectives contained within the State Planning Policy Framework that need to be considered under this application. Clause 13.04-1 – Noise abatement is applicable to this application. The objective of this clause is:

• To assist the control of noise effects on sensitive land uses. Planning and responsible authorities should ensure that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area. Decision-making by planning and responsible authorities must consider, as relevant:

• State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.

• State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 (in metropolitan Melbourne).

• Interim Guidelines for Control of Noise from Industry in Country Victoria (EPA 1989).

• A Guide to the Reduction of Traffic Noise (VicRoads 2003).

Clause 13.04-2 – Air quality is applicable to this application. The objective of this clause is:

• To assist the protection and improvement of air quality. Planning and responsible authorities should ensure, wherever possible, that there is suitable separation between land uses that reduce amenity and sensitive land uses. Decision-making by planning and responsible authorities must consider, as relevant, the State Environment Protection Policy (Air Quality Management) and Recommended Buffer Distances for Industrial Residual Air Emissions (Environmental Protection Act 1990) to determine the extent of separation between land uses that reduce amenity and sensitive land uses.



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Clause 15 – Built Environment and Heritage provides specific objectives and strategies to create quality built environments that support the social, cultural, economic and environmental wellbeing of our communities, cities and towns. Relevant objectives of this clause include:

• To create urban environments that are safe, functional and provide good quality

• environments with a sense of place and cultural identity.

• To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.



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

Clause 15.01-1 – Urban Design, is of relevance to this application. Clause 15.01-2 notes that for development proposals of residential or non-residential nature not covered by Clause 54, 55 or 56 of the Planning Scheme, planning and responsible authorities must have regard to the following design principles: context; the public realm; safety; landmarks, views and vistas; pedestrian spaces; heritage; consolidation of sites and empty sites; light and shade; energy and resources efficiency; architectural quality; and landscape architecture. Clause 17.02-1 (Industrial Land Development) aims to ensure the availability of land for Industry. Relevant strategies to ensure this include:

• Identify land for industrial development in urban growth areas where:

- Good access for employees, freight and road transport is available.

- Appropriate buffer areas can be provided between the proposed industrial land and nearby sensitive land uses.

• Protect and carefully plan existing industrial areas to, where possible, facilitate further industrial development.

• Provide an adequate supply of industrial land in appropriate locations including sufficient stocks of large sites for strategic investment.

• Protect industrial activity in industrial zones from the encroachment of unplanned commercial, residential and other sensitive uses which would adversely affect industry viability.

• Encourage industrial uses that meet appropriate standards of safety and amenity to locate within activity centres.

• Avoid approving non-industrial land uses, which will prejudice the availability of land for future industrial requirements, in identified industrial areas.



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Clause 17.02-2 (Design of Industrial Development) aims to facilitate the sustainable development and operation of industry and research and development activity. Relevant strategies to ensure this include:

• Ensure that industrial activities requiring substantial threshold distances are located in the core of industrial areas.

• Encourage activities with minimal threshold requirements to locate towards the perimeter of the industrial area.

• Minimise inter-industry conflict and encourage like industries to locate within the same area.

• Provide adequate separation and buffer areas between sensitive uses and offensive or dangerous industries and quarries to ensure that residents are not affected by adverse environmental effects, nuisance or exposure to hazards.

• Encourage manufacturing and storage industries that generate significant volumes of freight to locate close to air, rail and road freight terminals.

Clause 17.02-3 (State significant industrial land) aims to:

• Protect industrial land of State significance.

• Protect large areas of industrial land of state significance to ensure availability of land for major industrial development, particularly for industries and storage facilities that require significant threshold distances from sensitive or incompatible uses. Industrial areas of state significance include but are not limited to:

- Dandenong South in the City of Greater Dandenong.

• Protect heavy industrial areas from inappropriate development and maintain adequate buffer distances from sensitive or incompatible uses.

Clause 18.02-2 considers Cycling, in which the objective is: To integrate planning for bicycle travel with land use and development planning and encourage as alternative modes of travel. Clause 18.02-5 relating to Car parking also needs to be considered under this application. The objective of this Clause is: To ensure an adequate supply of car parking that is appropriately designed and located. Clause 19.03-5 considers Waste and Resource Recovery, the objective of which is: To avoid, minimise and generate less waste to reduce damage to the environment caused by waste, pollution, land degradation and unsustainable waste practices. Planning must consider as relevant:

• Victoria’s Towards Zero Waste Strategy (Department of Sustainability and Environment, 2005).



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• Waste Management Policy (Siting, Design and Management of Landfills) (Environmental Protection Authority, 2004).

• Environment Protection (Industrial Waste Resource) Regulations 2009.

• Best Practice Environmental Management Guideline (Siting, Design Operation and Rehabilitation of Landfills) (Environmental Protection Authority, 2001).

• Any relevant regional waste management plans.

• Metropolitan Waste and Resource Recovery Strategic Plan (Sustainability Victoria, 2009).

• Creating Cleaner, Safer Places: Working together to remove litter from Victoria’s environment (Sustainability Victoria, 2009).

• Environmental Guidelines for Composting and other Organic Recycling Facilities(Environmental Protection Authority, 1996).


• Greater Dandenong is a net provider of jobs, providing the third highest number of jobs in metropolitan Melbourne, with the employment sector largely orientated towards the manufacturing occupations. Within metropolitan Melbourne, in terms of job stock Greater Dandenong is ranked first in manufacturing, second in storage, third in road transport and fourth in wholesale trade (Clause 21.02-1).

• Greater Dandenong is one of Australia’s premier industrial regions with exporting strengths in manufacturing, wholesale trade and transport and storage (Clause 21.02-2).

• Eastlink and the Dingley Freeway reservation, which provides the opportunity for the linking of major roads, is expected to result in significant expansion and enhancement to the municipality’s transport network and will further improve the strategic regional position of Greater Dandenong (Clause 21.02-2).

• Approximately one-third of employed residents worked in labouring or trades, compared with 20 percent of people throughout metropolitan Melbourne, with 14 percent of employed residents holding professional/managerial occupations compared with the metropolitan average of 30 percent (Clause 21.02-3).

• Industries range from small-scale light industries in older established areas, to newer, generally industrial estates with large allotments and purpose built facilities (Clause 21.02-3).

• Key industries located in Greater Dandenong include advanced manufacturing in automotive, plastics and scientific equipment, as well as food processing and distribution and metal fabrication (Clause 21.02-3).

• The Dandenong Industrial 2 Precinct provides for environmentally sensitive industries and is a resource of state significance, being one (1) of only three (3) strategic locations within Victoria where industries that require significant buffers from sensitive uses can operate (Clause 21.02-3).



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• Greater Dandenong has approximately 1,730 hectares of industrially zoned land in proximity to major freight and passenger transport routes, with an additional 1,040 hectares to be made available close to the road and rail transport network (Clause 21.02-3).

• Extensive transport networks link Greater Dandenong with Melbourne’s rapidly expanding south-east region and provide excellent access to the Melbourne Central Activities District, sea and air ports (Clause 21.02-6).

A Vision for Greater Dandenong is outlined at Clause 21.03. Amongst others, the vision is that Greater Dandenong will be a nationally and internationally competitive city; and a pre-eminent industrial centre for Melbourne’s south-east with a significant high-tech/knowledge industrial component. The objectives and strategies of the MSS are under four (4) main themes including: land use; built form; open space and natural environment; and, infrastructure and transportation (considered individually under Clauses 21.04 to 21.07). Of particular relevance to this application are Clauses 21.04 – Land Use, 21.05 – Built Form and 21.07 – Infrastructure and Transportation. Under Clause 21.04 – Land Use, the matter of ‘industrial’, amongst others, is covered. It is noted within Clause 21.04-3 relating to the matter of industrial that Greater Dandenong has a task of achieving a healthy balance between providing for an increased population and supporting robust activity centres and protecting key industries. The protection of the Industrial 2 Zone for its intended purpose is a noted challenge, with its interface with other zones requiring careful management. Noise and air pollution, along with other adverse amenity impacts need to be managed, with industries to be encouraged to develop best practice to make efficient use of energy and resources. Relevant objectives and strategies contained within that Clause include: 1. To provide development, employment and industrial opportunities, which cater for a


including those enterprises that combine manufacturing with general office activities. 2. To facilitate new investment, development and redevelopment.

2.1 Discourage business or non-industrial uses on industrial land. 2.2 Encourage new hi-tech and knowledge industry to be established.

3. To develop and exploit existing infrastructure and locational advantage of the City’s industrial areas. 3.1 Encourage the establishment of industries that add value to the local industry

products, component manufacturers. 3.2 Encourage the establishment of industries that create local employment

opportunities. 3.3 Protect the supply of industrial land by encouraging retail and office uses to locate in

business zones. 5. To protect the strategically significant Industrial 2 Zone for its primary purpose.

5.1 Encourage the location of industries that require more extensive buffer distances (requiring 1,000 to 5,000m buffer distances under Clause 52.10 of the Planning Scheme) within the Industrial 2 Zone.

5.2 Strongly discourage industrial land uses that do not require significant buffer distances from sensitive land uses from locating to the Industrial 2 Zone.

6. To protect industrial zones for industrial activity. 6.1 Strongly discourage the issue of planning permits for bulky goods retail developments

in industrial zones.



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Under Clause 21.05 – Built Form the matters of: urban design, character, streetscapes and landscapes; and, sustainability, amongst others, are covered. It is noted that within that Clause that there is a need to improve community perception of the industrial and commercial image of the City. Promoting appropriate urban design to improve the public realm of those areas, particularly along main roads and at gateways is noted as facilitating more economic activity. Relevant objectives and strategies of Clause 21.05-2 relating to the matter of urban design, character, streetscapes and landscapes, include: 1. To facilitate high quality building design and architecture.






environment. 2.4 Encourage developments to provide for canopy trees.

3. To improve the quality, consistency and function of the city’s environment. 3.1 Encourage new developments which are adjacent to public open spaces to address

and complement the open space. 7. To protect and improve streetscapes.

7.1 Ensure new developments improve streetscapes through generous landscape setbacks and canopy tree planting.

7.2 Ensure landscaping within private property that complements and improves the streetscapes and landscaping of public areas.

Relevant objectives and strategies of Clause 21.05-4 relating to sustainability, include: 1. To promote ecologically sustainable development.



require on going management controls. 2. To encourage environmentally sustainable practices by industrial and commercial

developments. 2.1 Encourage the collection and use of rain water. 2.2 Encourage industrial and commercial developments to develop sustainable water use

and waste water re-use programs. Under Clause 21.07 – Infrastructure and Transportation matters of: physical, community and cultural infrastructure; public transport; walking and cycling; cars and parking; and, transport services are covered. Clause 21.07-1 focuses on the mater of physical, community and cultural infrastructure, with relevant objectives and strategies including: 2. To manage the impact of discharge of stormwater to minimise pollution and flooding.

2.1 Promote water sensitive urban design principles, 2.2 Require Environmental Management Plans for large developments.



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4. To ensure new developments meet the cost of infrastructure. 4.1 Identify the requirements of infrastructure (land, works and facilities) and put in place

funding arrangements with reference to: - The type and capacity of infrastructure already in place. - Accepted standards of infrastructure provision.

Within Clause 21.07-2 where the matter of public transport is considered, the following relevant objective and strategies are noted: 2. To integrate transport and land use.

2.1 Ensure residential, commercial and industrial development provides for safe and accessible pedestrian/bicycle movement to the public transport network.

2.2 Encourage the co-location of services and facilities. 2.4 Develop and implement Developer Contribution Schemes to link new developments

to new transport infrastructure and service improvements. The objectives and strategies of Clause 21.07-3 which relate to the matter of walking and cycling should also be considered, specifically: 1. To promote and facilitate walking and cycling.

1.2 Ensure use and development proposals have regard to the municipal bicycle and other transport strategies.

1.4 Discourage vehicle cross-overs where they have a significant impact on pedestrian movements.

Clause 21.07-4 relates to the matter of cars and parking, with relevant objectives and strategies being: 1. To promote significant modal shift away from the car.

1.1 Require developers to submit integrated transport plans and transport impact assessments for major development proposals.

1.3 Manage parking supply, where appropriate to encourage sustainable modes of transport.

Within Clause 21.07-5 the matter of transport services are the following relevant objectives and strategies: 1. To ensure that provision and location of transport related uses and services have no

adverse impacts on residential areas. 1.1 Discourage the development of freight and logistics related facilities in locations that

require transport to use roads through residential areas. 1.2 Discourage industries that are dependent on heavy road transport or high volumes of

traffic from locating near residential areas. 2. To enhance the efficiency of freight movement.

2.1 Support inter-modal (road to rail) transfer facilities that reduce truck traffic. 2.2 Support the protection and enhancement of the existing operation and safety of

arterial roads for all road users through ongoing management of vehicle access points.



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The local planning policy of Clause 22.03 which relates specifically to Urban Design in Commercial and Industrial Areas is of particular relevance to this application. The objectives of this policy are:

• To improve the appearance of all commercial and industrial areas, and particularly development along main roads and gateways.

• To provide urban design solutions which respond to the type of road and the speed of the traffic using the road.

Clause 22.03-3 sets out the criterion that needs to be considered for new commercial and industrial estates and infill development. These include: context and setting for new estates; estate and road layout; lot size, shape and orientation; interface with other uses; engineering services; built form; setbacks; storage areas; fencing; and landscaping. Further, the table to this Clause outlines specific buildings and works setbacks and landscaping design standards. Of particular relevance to this application is Area 2. Particular Provisions Car Parking Clause 52.06 – Car Parking needs to be considered. The purposes of this provision are:

• To ensure that car parking facilities are provided in accordance with:

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

Any parking precinct plan.

• To provide the opportunity to use parking precinct plans in appropriate locations.

• To promote the efficient use of car spaces through the consolidation of car parking facilities.

• To ensure the provision of an appropriate number of car spaces having regard to the activities on the land and the nature of the locality.

• To ensure that the design of car parking areas:

- Does not adversely affect the amenity of the locality, in particular the amenity of pedestrians and other road users.

- Achieves a high standard of urban design.

- Creates a safe environment for users, particularly at night.

- Enables easy and efficient use.

- Protects the role and function of nearby roads.

- Facilitates the use of public transport and the movement and delivery of goods.

Clause 52.06-1 notes that a new use must not commence or the floor area of an existing use must not be increased until the required car spaces have been provided on the land.



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The required spaces are identified in the table to Clause 52.06-5. Clause 52.06-1 further notes that a permit may be granted to reduce or waive the number of car spaces required by the table, with the decision guidelines for such considerations also at that Clause. The table at Clause 52.06-5 notes that Materials Recycling requires 10 percent of the site area to be set aside for car spaces and access lanes, but not driveways. Car parking is to be designed and constructed in accordance with the requirements of Clauses 52.06-2 and 52.06-3 of the Scheme. Loading and Unloading of Vehicles The requirements of Clause 52.07 – Loading and Unloading of Vehicles need to be considered, with the purpose of this Clause being: To set aside land for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety. The dimensions and areas of loading bays are outlined under this Clause, with a permit required to reduce or waive these requirements. Uses with Adverse Amenity Potential Clause 52.10 – Uses with Adverse Amenity Potential is considered relevant to this application. The purpose of this clause is to define those types of industries and warehouses which if not appropriately designed and located may cause offence or unacceptable risk to the neighbourhood. This clause outlines the minimum distances from sensitive land uses required for land uses storing or producing certain products. The table to this clause identifies a number of industrial/warehouse uses and provides threshold distances to sensitive uses. Some uses also have a ‘Note 1’ or ‘Note 2’ which allows for variable threshold distances depending on the processes and materials stored, or requires a risk assessment to be undertaken respectively. Although this clause does not include recommended buffer distances specifically relevant to the proposed facility, the following buffer distances listed in Clause 52.10 have some relevance: Concrete batching plant: 300m Concrete article or stone article production: 100m Sanitary and garbage disposal in recycling and composting centre: 200m Bicycle Facilities The Bicycle Facility requirements of Clause 52.34 of the Planning Scheme also need to be considered. The purpose of this Clause is:

• To encourage cycling as a mode of transport.

• To provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities.

Clause 52.34-1 states that a new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land.



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Under Clause 52.34-2 states that a permit may be granted to vary, reduce or waive the requirements of Clause 52.34-3 and Clause 52.34-4. An application is exempt from the notice and decision requirements and appeal rights of some sections of the Act. Under the table to Clause 52.34-3, an Industry requires 1 bicycle space to each 1,000 square metres of net floor area for employees. Shower and change room requirements are needed once 5 or more bicycle spaces are required. General Provisions Clause 65 – Decision Guidelines needs to be considered, as is the case with all applications. For this application the requirements of Clause 65.01 for the approval of an application or plan is of relevance. This Clause outlines the requirements that the responsible authority must consider when determining the application. Definitions Land use terms are defined at Clause 74 of the Greater Dandenong Planning Scheme. Of particular relevance to this application is the definition of Materials Recycling which is defined as: Land used to collect, dismantle, treat, process, store, recycle, or sell, used or surplus materials.


Based on the Copy of Title applicable to the site, the land is legally described as Lot 11 on Plan of Subdivision 526505L, Volume 10215, and Folio 236. The subject site is encumbered by a restrictive covenant. Restrictive Covenant No. PS526505L was registered on the Certificate of Title on 9 July 2007 and Restriction No. 1 of this Covenant states:

• Land to burdened: All lots on this plan

• Land to Benefited: All lots on this plan

• The registered proprietor of a burdened lot must not:

1. Construct or permit to be constructed any building, part of a building or works other than for landscaping purposes within 8 metres of a road abuttal shown on this plan without the consent of the responsible authority.

There are no buildings or works proposed within 8.0 metres of the site frontage other than for landscaping works and access.

2. Construct any vehicular crossing on any road frontage except for a singular crossing within a maximum width of 9 metres without the written consent of the responsible authority.

The application proposes to construct a vehicular crossing with a width of 8.0 metres which is less than the maximum of 9.0 metres allowed.



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Restriction No. 2 of this covenant also applies to the subject site and states:

• Land to burdened: Lot 11

• Land to Benefited: All lots on this plan

• Within the area shown hatched on the diagram below, the registered proprietor of Lot 11 shall not:

1. Remove any native trees. 2. Use the area for storage or permit the area to be used for storage. 3. Construct or permit to be constructed any buildings or works.

Except with the written consent of the Responsible Authority.

Pursuant to this restriction, the development site contains a 60 metre long (east-west) by 20 metre wide (north-south) stand of significant vegetation in the north-eastern corner of the subject site. It is noted that the application does not propose to remove any native trees, use the area for storage or permit the area to be used for storage, or construct or permit to be constructed any buildings or works within this area. As such, it is considered that the proposed use and development does not breach the covenant on title.





Community Safety

It is considered that subject to stringent site and environmental management practices as outlined in the Site Environmental Management Plan (SEMP) submitted, there would be no adverse community safety implications in permitting the proposal.





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Referrals

External Pursuant to Section 55 of the Planning and Environment Act 1987, the application was externally referred to: Notice Advice/Response/Conditions Environment Protection Authority (EPA)

• The EPA advised that materials recycling of soil mixed with construction and demolition waste is not a scheduled activity under the Environment Protection Act 1970. They advised that the proposed activity does not require a works approval or licence from the EPA. This advice was provided on the basis that the applicant does not intend to accept, store, sort, treat or process Prescribed Industrial Wastes as defined by the Environment Protection (Industrial Waste Resource) Regulations 2009. Further advice on waste categorisation is available on the EPA’s website.

• The EPA noted that Sonick Pty Ltd (CAN 135 137 530), the occupier of the premises at 52-54 Thomas Murrell Crescent (the subject site), was issued with Clean Up Notice NO9234 on 05 April 2011, pursuant to Section 62A of the Environment Protection Act 1970. The premises is listed on the EPA’s Priority Sites Register.

• The EPA advised that they have no objection to the granting of a planning permit for the proposed materials recycling facility, provided that the following matters are considered and addressed in any permit which may be issued:

1. The design and operation of the premises should be in accordance with Sustainability Victoria’s Guide to Best Practice at Resource Recovery Centres (September 2009).

2. The materials recycling facility must operate in accordance with Environment Protection (Industrial Waste Resource) Regulations 2009 and the Environment Protection Act 1970.

3. There must be no visible discharge of dust beyond the boundary of the premises.

4. The operator must ensure that dust generation from operations on the site (e.g. stockpiles, vehicle movements, loading and unloading operations and crushing) does not cause a nuisance off-site.



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5. The operator must limit the scale of, or cease,

operation if there is insufficient dust suppression measures available (e.g. water) or during days of high risk.

6. There must be no discharge of wastewater, water used for dust suppression or contaminated stormwater to the stormwater drainage system or nearby surface waters. Suitable drains, interceptor pits, water treatment facilities, pumps and sumps must be installed to ensure that any wastewater or contaminated stormwater generated at the premises is connected to a reticulated sewer, in accordance with a Trade Waste Agreement with South East Water; or collected by an EPA permitted contractor, as appropriate.

7. Sediment and litter generated from on-site activities must not enter the stormwater drainage system.

8. Construction and post-construction activities must be in accordance with Construction Techniques for Sediment Pollution Control (EPA Publication No. 275, 1991).

9. Management and operation of the materials recycling facility should include collection of litter, sediment and rubble from outside the premises and suitable precautions, such as the installation and regular maintenance of a rumble grid, should be taken to ensure that litter, sediment and rubble do not enter the stormwater drainage system.

10.All vehicles removing waste must have fully secured and contained loads so that no wastes are spilled and no dust or odour is emitted.

11.All fuels and chemicals, held on site must be stored undercover in a bunded area in accordance with EPA Publication No. 347: Bunding Guidelines (December 1992).

12.Noise emitted from the premises must meet the noise objectives as set out in State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

13.The operator must develop and implement a Waste Management Plan (WMP) to the satisfaction of Council. The WMP should clearly specify the categories of waste material which will be accepted for recycling on site and the categories of waste material which will not be accepted on site.



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14.A remedial action plan in the event of accepting a

Prescribed Industrial Waste (PIW) material should also be included as part of the WMP. This should detail processes for identifying, managing and transporting any PIW identified on site.

15.Clean fill material product from the materials recycling facility must comply with limits outlined in EPA Publication no. IWRG621: Soil Hazard Categorisation and Management (June 2009).

These can be provided as conditions of permit, if granted.

Internal

Council Referrals Advice/Response/Conditions Project Delivery • Standard traffic and drainage conditions. These can

be provided as conditions of permit, if granted.

• Required the dimension details of the proposed vehicle crossing for the development to be provided. Amended plans were subsequently submitted which showed that the vehicle crossing proposed for the subject site has a width of 8.0 metres.

Planning Compliance • The Team Leader of Planning Compliance advised that this application has been triggered as a result of compliance interaction with the owner occupier of the land. The use in part requires retrospective approval.

• A Site and Environmental Management Plan (SEMP) is required for the proposal.

Advertising

The application was not advertised to the surrounding area under Section 52 of the Planning and Environment Act 1987 as:

• Notification of the use of the land is exempt pursuant to Clause 33.02-1 of the Greater Dandenong Planning Scheme; and

• Notification of the buildings and works is exempt pursuant to Clause 33.02-4 of the Greater Dandenong Planning Scheme.



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Assessment

Use The use of the site for the purpose of Materials Recycling is consistent with the surrounding uses and provisions of the Greater Dandenong Planning Scheme, however a planning permit is required for this use pursuant to Clause 33.02-1 as the nature of the specific use needs to be considered for its appropriateness in the Industrial 2 Zone. In response to the land use application requirements at Clause 33.02-2, the following assessment is made: An application to use land for an industry or warehouse must be accompanied by the following information, as appropriate:

• The suitability of the industry or warehouse being located in the core of the zone, where the land is more than 1500 metres from land (not a road) which is in a residential zone, Business 5 Zone, Capital City Zone or Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre and the industry or warehouse is a purpose which is listed in the Table to Clause 52.10 as requiring a threshold distance of less than 1500 metres, or is not listed in the Table.

The proposal is located near the northern side of the central third of the Industrial 2 Zone, approximately 1760 metres from the Keysborough Turkish Islamic and Cultural Centre/Mt Hira College, 2060 metres from the residential area of Dandenong South and 2190 metres from the Willow Lodge Caravan Park in Dandenong South (see Annexures to this report at Attachment 3). To the extent defined above, the subject site is outside the “core” of the Industrial 2 Zone.

It is noted that the proposed use is located near a similar existing approved use (for materials recycling comprising of the crushing and reuse of construction and demolition waste) at 128-136 Ordish Road approximately 960 metres to the south-west of the subject site, which was approved by VCAT under Planning Permit No. PLN09/0858 (issued on 08/03/2011).

The materials recycling of the nature sought is not specifically listed in Clause 52.10 as requiring any threshold distance from sensitive land uses. However, the consultant environmental scientist engaged by Council to assist in the assessment of Planning Permit Application No. PLN09/0858 provided the following comment with regard to buffer distances which are considered relevant to the current application as well: “in terms of a buffer zone, EPA Publication AQ 2/86 defines buffer distance guidelines for operations that have the potential to impact on local amenity through emissions to air. The guidelines are not mandatory, and may be varied where appropriate to account for factors such as the scale and type of the particular operation, local topography and meteorology, and extent of environmental controls to be applied.



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The publication does not include recommended buffer distances directly relevant to the proposed facility; however, the following have some relevance:

• Concrete batching plants: 100m (Cl.52.10 stipulates 300m)

• Concrete or stone articles: 100m

• Refuse transfer stations: 300m

• Quarrying without blasting: 200m

• Recycling and composting: 200m

Noting that refuse stations include putrescible materials with odour potential, it can be seen that a buffer distance of some 200m [similar to that as outlined at Clause 52.10 of the planning scheme] may be appropriate for a concrete recycling facility. On this basis, the available buffer zone (which is much greater than 200m) would not appear to be a basis for not accepting the facility”. It is considered that the use is appropriate for the zone. As noted earlier, the subject site is located approximately 1760 metres from the Keysborough Turkish Islamic and Cultural Centre/Mt Hira College, 2060 metres from the residential area of Dandenong South and 2190 metres from the Willow Lodge Caravan Park in Dandenong South, well beyond the “200m” buffer distance suggested above. It is considered that the proposal satisfactorily addresses the above consideration under Clause 33.02-2.

• The purpose of the use and the types of processes to be utilised.

The applicant has stated that the purpose of the land use to be conducted on the subject site is for Materials Recycling. In particular construction and demolition (C&D) waste is delivered to the site, stockpiled and crushed to provide fill for new subdivision or development earthworks. This use is not specifically defined as requiring a threshold distance under Clause 52.10. However it is considered appropriate to allow this proposal to locate in the Industrial 2 Zone, given the potential for dust pollution and airborne contaminants requiring specific mitigation measures. It is noted that there is another similar existing approved use (for materials recycling comprising of the crushing and reuse of construction and demolition waste) at 128-136 Ordish Road approximately 960 metres to the south-west of the subject site.

• The type and quantity of goods to be stored, processed or produced.

The applicant submits that the premises would be used for the recycling of construction and demolition waste mixed with soil. Raw materials generally associated with construction and demolition waste would be stored and recycled on the site. It is proposed that 150 tonnes of raw material would be processed on the subject site on a daily basis.

• How land not required for immediate use is to be maintained.

It is noted that the entire site is to be developed as part of this application, with the exception of the 60 metre long (east-west) by 20 metre wide (north-south) stand of significant vegetation in the north-eastern corner of the subject site.



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• Whether a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority.

The EPA have advised that the proposed activity does not require a works approval or licence from the EPA.

• Whether a notification under the Occupational Health and Safety (Major Hazard

Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded.

There is no requirement to gain a licence for the proposal under the Dangerous Goods Act 1985. It is considered that there is no need for a notification under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000, nor is it considered that a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded.

• The likely effects, if any, on the neighbourhood, including:

- Noise levels. The SEMP submitted by the applicant (in particular Section 5.3, p.10) states that the use involves the processing of solid construction and demolition waste materials using concrete crushing equipment, belt conveyors and vibrating screens to process and recover product in a way that noise generated during the process is not above an excessive or intrusive level. However, it is considered that noise generation must be viewed in relation to the site’s surroundings. The applicant submits that the primary sources of noise are the dumping of delivered materials, the operation of the screen and the operation of the jaw crusher. It is considered that these will produce a decibel level not in excess of 90dB, and the crusher and the screen have both been proposed to be enclosed within the proposed operations shed. All staff operating within this shed and in proximity to this shed will be required to wear appropriate safety gear including ear protection. It is considered that the proposed use will generate considerable noise as a result of the materials recycling operation, however the site has appropriate buffer distances from the nearest sensitive uses. An acoustic report can be required as a condition of permit, if granted, to demonstrate what acoustic/sound proofing treatments can be made to the Operations Shed to minimise the emission of noise.

- Air-borne emissions.

The SEMP submitted by the applicant (in particular Sections 5.2, 5.2.1, 5.2.2 and 5.2.3, pp. 8-9) states that dust suppression measures are to be applied at critical stages of the recycling operation to prevent dust pollutants entering the surrounding atmosphere. They consider it likely that the main potential dust source is the crushing plant, site traffic, raw feed stockpiles and materials handling on dry, windy days. The acceptance criteria that are to be adopted for certification of materials (as outlined in Section 5.1 of the SEMP) will ensure PM10 and PM2.5 are well below the EPA intervention levels of 60ug/m3 for PM10 and 36ug/m3 for PM2.5 averaged over a 24 hour period.



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PM10 and PM2.5 are defined by the International Standards Organisation as follows: • PM10– particles which pass through a size-selective inlet with a 50%

efficiency cut-off at 10 μm aerodynamic diameter. PM10 corresponds to the “thoracic convention” as defined in ISO 7708: 1995, Clause 6.

• PM2.5 – particles which pass through a size-selective inlet with a 50% efficiency cut off at 2.5 μm aerodynamic diameter. PM2.5 corresponds to the “high-risk respirable convention” as defined in ISO 7708:1995, 7.1.

It is proposed that the crusher and screen be fully contained and enclosed within the operations shed. A single sliding access door is proposed along the western frontage of the structure which will allow for installation and access to the machinery when required. During periods of operation, this access will be closed to ensure containment of the primary dust sources. Outlets are also proposed along the western and eastern lengths of the structure to enable the feed and extraction belts to transfer the processed materials as required. A dust extraction unit is to be installed on the operations shed which will include a suitable filtration system to mitigate the quantity of dust within the shed itself and escaping the enclosure. It is proposed by the applicant that the height of the stockpiles on-site will not exceed five (5) metres, in order to minimise and manage the visual impact of the use on surrounding land. It is noted that the primary stockpile, being for ‘clean fill’, is located in the north-eastern corner of the site, which is the furthest point from Thomas Murrell Crescent. The stockpiles will be enclosed by a 3.0 metre high wall on three (3) sides. However, it is considered appropriate to reduce the maximum height of the clean-fill and crushed aggregate stockpiles from 5.0 metres to 4.0 metres, and to consequently increase the height of the walls from 3.0 metres to 5.0 metres, to reduce the potential for air-borne emissions to adjoining properties, in particular the pharmaceutical producer, as a condition of permit, if granted. The enclosure of the Concrete Tipping Apron (where the initial dumping of material will occur) can also be required as a condition of permit, if granted. Section 5.2.7 – Monitoring of the SEMP (p.10) submitted by the applicant states that dust monitoring and testing will be conducted by an appropriately qualified company at appropriate monitoring points. The aim of the monitoring will be to gain worst case scenario results within the boundaries of the subject site to ensure dust levels in the air do not exceed the levels identified in the relevant acceptance criteria. These monitoring programs will be particularly essential in weather conditions which provoke high risk for dust to cause nuisance. As such, a weather station is also proposed within the site which will monitor the wind and humidity conditions in particular. The collected dust will be tested for crystalline silica and asbestos in the size range of PM2.5 and PM10 and dust deposition rates. Health risk assessment and modelling including nuisance dust will be assessed from these results. These monitoring measures will be instigated as soon as the site is fully operational and the frequency of further monitoring will be determined based upon the results of the initial monitoring conducted.



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A condition requiring that the operator continuously monitor (in real time) the levels of PM10 and PM2.5 emitted from the land in the vicinity of the hardstand areas and concrete crushing machinery whilst the site is operating can be provided as a condition of permit, if granted. As such, it is considered that there would not be any unreasonably excessive air-borne emissions from the proposed use and development.

- Emissions to land or water.

The SEMP submitted by the applicant (in particular Section 5.4, p.10) states that water used on site will be mains supply from South East Water. Finished site levels will be maintained at a minimum 500mm below adjacent ground level and graded to direct surface water drainage to various catchment pits shown on the Site Plan to ensure that no runoff water is discharged off site prior to treatment. Periphery swale drains are also proposed to ensure collection of run-off water, particularly from the stockpiles area, is captured and filtered through the grassed vegetation of the swale. A sediment basin has been proposed to ensure appropriate removal of sediment and solid materials from the water prior to release in the local stormwater drainage system in Thomas Murrell Crescent. The sediment basin will be cleaned as required to ensure ample efficiency. Routine water sampling and testing will be undertaken where necessary and records will be maintained and kept at the site. As such, it is considered that there would not be any unreasonable excessive emissions to land or water from the proposed use and development.

- Traffic, including the hours of delivery and dispatch.

The applicant submits that the proposed hours of operation are 7.00am to 4.00pm, Monday to Friday and the unloading/loading of vehicles will be generally undertaken between these hours. The SEMP submitted by the applicant (in particular Section 5.5, p.10) states that the site has been deliberately laid out and designed to ensure sufficient manoeuvrability to heavy vehicles accessing the site, to provide articulation of vehicle movement, and to provide separation between the various operations and processes of the proposal.

- Light spill or glare. It is considered that there would be no excessive light spill or glare arising from this proposal.

Overall, it is considered that the proposed use is suitable for the Industrial 2 Zone, and as such, the land use as proposed in this particular location, outside the core of the Industrial 2 Zone, in a manner similar to an existing approved land use for materials recycling comprising of the crushing and reuse of construction and demolition waste at 128-136 Ordish Road is supported.



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In response to the relevant Decision Guidelines requirements at Clause 33.02-2, the following assessment is made:

• The State Planning Policy Framework and the Local Planning Policy Framework,

including the Municipal Strategic Statement and local planning policies.

The proposal is considered to be in accordance with the SPPF, the LPPF, the MSS and local planning policies. Clause 17.02-2 (Design of Industrial Development) of the SPPF contains the strategy to minimise inter-industry conflict and encourage like industries to locate within the same area. It is noted that there are other materials recycling operations located in close proximity at 64-68 Ordish Road approximately 410 metres to the west of the subject site and at 120-134 Thomas Murrell Crescent approximately 320 metres to the south-west of the subject site.

• The effect that the use may have on nearby existing or proposed residential areas or other uses which are sensitive to industrial off-site effects, having regard to any comments or directions of the referral authorities.

There are no existing or proposed residential areas or other uses which are sensitive to industrial off-site effects within close proximity of the subject site. The subject site is located approximately 1760 metres from the Keysborough Turkish Islamic and Cultural Centre/Mt Hira College, 2060 metres from the residential area of Dandenong South and 2190 metres from the Willow Lodge Caravan Park in Dandenong South. It is considered that the reduction in the maximum height of the stockpiles from 5.0 metres to 4.0 metres, and a consequential increase to the height of the walls from 3.0 metres to 5.0 metres, would reduce the potential for air-borne emissions to adjoining properties, in particular the pharmaceutical producer. This can be required as a condition of permit, if granted. The enclosure of the Concrete Tipping Apron (where the initial dumping of material will occur) can also be required as a condition of permit, if granted.

• The effect that nearby industries may have on the proposed use.

As noted previously, the subject site is bounded to the north by a textiles manufacturer at 27 Bamwine Court, to the north-east by a producer of pharmaceuticals at 35-61 South Park Drive, and to the east by a sheet metal producer/fabricator at 46 Brooks Drive. It is considered that these nearby industries would not have a detrimental effect on the proposed use.

It is noted that the prevailing winds range from the north through to the south, from a westerly direction. Therefore, the enclosure of the operations shed is considered to significantly assist in the mitigation of dust which would be blown from the west towards the north, east and south. The southern and eastern boundaries are considered to be the key boundaries requiring dust mitigation given the direction of the prevailing winds as discussed above. As such, an 8.0 metre wide vegetation buffer is proposed to be planted along the southern and eastern boundaries to further mitigate dust emissions. It is proposed to provide a 1.2 metre high bund (which can be increased to 1.5 metres as a condition of permit, if granted) of nutrient rich soil along the length of this vegetation strip to promote growth and enable additional height.



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Given the direction of prevailing winds and the considerable separation distances between dust emitting operations and these boundaries, the northern and western boundaries will also be buffered but with a lesser extent of vegetation (a minimum of 4.0 metres wide) and no bund.

• The drainage of the land.

Council’s Drainage Engineers have requested that standard drainage conditions be provided as part of any permit granted.

• The availability of and connection to services.

Services and connections to them are available.

• The effect of traffic to be generated on roads.

The effect of traffic to be generated on roads is minimal.

• The interim use of those parts of the land not required for the proposed use.

The entire site, with the exception of the 60 metre long (east-west) by 20 metre wide (north-south) stand of significant vegetation in the north-eastern corner, is required for the proposed use.

Development The proposed buildings and works are consistent with the industrial nature of the proposal and its surroundings. It is noted whilst the development site is currently vacant, it does contain a 60 metre long (east-west) by 20 metre wide (north-south) stand of significant vegetation in the north-eastern corner of the subject site. The application proposes minimum 4.0 metre wide landscaping strips along the north-western, western and northern boundaries, with minimum 8.0 metre wide landscaping strips along the eastern, southern and south-eastern boundaries. A landscaping plan can be required as a condition of permit, if granted, and would include advanced planting across the proposed landscaping strips including canopy trees with a minimum planting height of 1.5 metres.

Urban Design in Commercial and Industrial Areas Clause 22.03 of the Planning Scheme, ‘Urban Design in Commercial and Industrial Area’, is applicable to the application. The subject site falls under the Area 2 ‘Setback and landscaping design standards’ which states that for land generally bounded by Greens Road, Hammond Road, the Road Zone or Public Acquisition Overlay for the Scoresby Freeway and Eummemmering Creek:

All buildings at least 9 metres from the frontage and 3 metres from a sideage. A garden strip:

• At least 3 metres wide along the frontage.



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• If a sideage setback is required, a garden strip of at least 1.8 metres wide along a sideage.

The subject site adjoins Thomas Murrell Crescent which is a Council road. The closest building (the Gatehouse) is setback in excess of the minimum 9.0 metres required. The minimum 13.7 metre wide front landscape setback is also considered appropriate, given that it is greater than the 3.0 metres required under Clause 22.03. As the site does not have a sideage to a road, the sideage provisions are not relevant. For all land in Area 2 the following provisions apply: No building or works nearer to the boundary of a residential zone, land used for a hospital or school or land in a Public Acquisition Overlay to be acquired for a hospital or school than the distance obtained with the following formula: Distance = H/2+1.5m where H = Height of building nearest the boundary in metres. The subject site does not adjoin any residential areas, hospitals, schools, or land covered by a public acquisition for a future school or hospital. As such the buildings and works proposed under this application are considered reasonable for approval.

Car Parking When having regard to the requirements of Clause 52.06 of the Scheme, Materials Recycling requires 10 percent of the site area to be set aside for car spaces and access lanes, but not driveways. The area of the subject site is 7,972m², therefore 10% of this site area is 797.2m². A car space has a length of 4.9 metres and a width of 2.6 metres (giving it an area of 12.74m²), whilst the accessway associated with each car space has a length of 6.4 metres and a width of 2.6 metres (giving it an area of 16.64m²). Therefore, the combined area of a car space and its associated access lane is 29.38m². As such, a total of twenty-seven (27) car parking spaces (797.2m² / 29.38) are required for the intended use of the site for Materials Recycling under Clause 52.06 of the Scheme. The application currently proposes to set aside 293.8m² or 3.69% of the site area for car parking (comprising 10 spaces and an associated access lane). This results in a shortfall of 503.4m² or 6.31% of the site area (comprising a total of 17 spaces and associated access lane) A permit is therefore required for a reduction in the car parking requirement under Clause 52.06-1.



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Consideration of the proposed reduction against the decision guidelines of that Clause is as follows:

• Any relevant parking precinct plan.

There is no relevant parking precinct plan that applies to the site.

• The availability of car parking in the locality.

The surrounding locality is industrial in nature and car parking for each developed lot would generally need to be provided either in accordance with Clause 52.06 or in accordance with Council’s Code of Practice for Car Parking. It is anticipated that there would be the potential for on-street parking along Thomas Murrell Crescent, although ideally each development should be able to provide sufficient car parking within its respective site.

• The availability of public transport in the locality.

Public transport availability in the locality is limited. The nearest public transport is the No. 857 (Chelsea to Dandenong) bus route, which runs along Hammond Road approximately 520 metres to the east of the subject site.

• Any reduction in the car parking demand due to the sharing of car spaces by multiple uses, either because of a variation of car parking demand over time or because of efficiencies gained from the consolidation of shared spaces.

There is no sharing of car spaces by multiple uses proposed.

• Any car parking deficiency or surplus associated with the existing use of the land.

There is no car parking deficiency or surplus associated with the existing use of the land, as the subject site is vacant.

• Any credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirement.

There is no credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirement.

• Local traffic management.

It is considered that local traffic management will not be unreasonably affected as there will be ten (10) car spaces immediately provided for the development, which is considered to be sufficient for the maximum of five (5) staff proposed for the site at any one time. At least five (5) spaces would be available for visitors to the site.

• Local amenity including pedestrian amenity.

It is considered that the reduction in the car parking requirement proposed will not result in a detrimental effect to the amenity of pedestrian traffic, however it is anticipated that an industrial estate such as the one within which the subject site is located would be unlikely to generate high volumes of pedestrian traffic.



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• An empirical assessment of car parking demand.

It is noted that ten (10) car spaces are to be immediately provided for the development. The applicant considers this to be sufficient for the maximum of five (5) staff proposed for the site at any one time, noting that at least five (5) spaces would be available for visitors to the site. However, there is the likelihood that the activities on the subject site may expand in future and the need for on-site car parking would increase as a result. As assessed, there is sufficient room for an additional six (6) car parking spaces to be provided to the north of the ten (10) spaces. This would increase the number of car parking spaces available to sixteen (16) and would thus provide an opportunity for any increase in car parking demand in the medium to long term future, to be fully met on the subject site.

• Any other relevant consideration.

It is considered that there is sufficient room to provide an additional six (6) car parking spaces to the north of the ten (10) proposed car parking spaces along the western boundary of the subject site. As such, a total of sixteen (16) car parking spaces can be provided on the subject site, which would reduce the shortfall under Clause 52.06 to eleven (11) car spaces. This can be required as a condition of permit, if granted. On balance, subject to the inclusion of the abovementioned condition, it is considered that there will be sufficient car parking provided to accommodate both employees of and visitors to the proposed industrial development, without causing traffic-related material detriment to adjoining or surrounding properties.

Loading and Unloading Clause 52.07 sets out the requirements for loading and unloading, and states for the first 2,600 m2 or less in single occupation there shall be a loading area of 27.4 m2 and for every additional 1,800 m2, there should be an additional loading area of 18m2. Based on the above requirement, given that the total floor area of the buildings proposed for the subject site is less than 2,600m², the proposal requires a loading area of at least 27.4m2 to be provided. The proposal includes a 27.0 metre long by 15.0 metre wide concrete tipping apron with an area of 405m) which will act as a loading/unloading area. This is greater than the minimum required under Clause 52.07, and as such, the loading and unloading facilities proposed comply with this clause. It is however, considered that the concrete tipping apron should also be enclosed as a condition of permit, if granted.

Bicycle Facilities Clause 52.34 requires one (1) bicycle parking space per 1,000 square metres of net floor area for Industry. In this instance no bicycle parking spaces (417.8m² x 1 /1000) are required.



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Vegetation & Tree Impact (Site & Surrounds) It is noted whilst the development site is currently vacant, it does contain a 60 metre long (east-west) by 20 metre wide (north-south) stand of significant vegetation in the north-eastern corner of the subject site. In addition to this, the application proposes minimum 4.0 metre wide landscaping strips along the north-western, western and northern boundaries, with minimum 8.0 metre wide landscaping strips along the eastern, southern and south-eastern boundaries. A landscaping plan can be required as a condition of permit, if granted, and would include advanced planting across the proposed landscaping strips including canopy trees with a minimum planting height of 1.5 metres. There are no trees or vegetation on the adjoining or surrounding properties which would be affected by the proposed use and development. ESD/SDS Matters Pursuant to Clauses 15.02 and 21.05-4 of the Greater Dandenong Planning Scheme, Council is encouraging potential developers to utilise a web-based non-residential buildings sustainability tool known as the Sustainable Design Scorecard (SDS), in order to assess the environmental performance of non-residential buildings in the municipality. A threshold for the requirement of an assessment against the SDS has in the interim been set at more than 1,999m² gross floor area. As the proposal has a gross floor area (being 417.8m²) which is less than the set trigger point, an SDS assessment is not required nor is an ESD Management Plan required.

Conclusion

The application has been assessed against the relevant sections of the Greater Dandenong Planning Scheme, including the State and Local Planning Policy Framework, Municipal Strategic Statement and Clause 65. The proposal meets the purpose of the Industrial 2 Zone and is considered to meet the aims and objectives of the SPPF and LPPF. The proposed use is considered to be acceptable and suitable for the site. The applicant has provided a Site and Environmental Management Plan (SEMP) to control operations on the site, and this has been assessed and considered to be satisfactory. For the reasons outlined in this report, the proposal should be supported.



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Recommendation That Council resolves to Grant a planning permit in respect of the land known and described as 52-54 Thomas Murrell Crescent, Dandenong South (Lots 11 on Plan of Subdivision PS526505L), to ‘Use and Develop the land for the purpose of Materials Recycling (Construction and Demolition Waste Recycling); with a reduction of the car parking requirement under Clause 52.06 of the Greater Dandenong Planning Scheme, all in accordance with the endorsed plans’ and subject to the following conditions:



1.1 Enclosure of the Concrete Tipping Apron.

1.2 An additional six (6) car parking spaces, bringing the total on the subject site to sixteen (16) car parking spaces.

1.3 A landscape plan in accordance with Condition 22 of this permit, but modified to show:

1.3.1 The height of the bund increased to 1.5 metres.

1.3.2 Advanced planting of drought-tolerant grasses and shrubs on top of the bund within the proposed landscaping strips.

1.3.3 The provision of canopy trees with a minimum planting height of 1.5 metres on either side of the bund (but not on the bund itself) within the proposed landscaping strips.

1.3.4 A fence to restrict access to the ‘Existing Restricted Area’ on its western and southern sides.

1.4 The location of a truck wheel wash as required under Condition 17 hereon.

1.5 The height of walls around the clean fill and crushed aggregate stockpile increased to 5.0 metres.

1.6 The maximum height of the stockpiles consequently reduced to 4.0 metres.

1.7 The location of a weighbridge.

1.8 The location of all air monitoring infrastructure and the weather station in accordance with Conditions 42, 43 and 44 of this permit.




Page 9164

2. Before the use or development starts, the submitted Site and Environmental Management Plan (SEMP) titled ‘Site and Environmental Management Plan – Materials Recycling Facility – Construction and Demolition Waste – 52-54 Thomas Murrell Crescent, Dandenong South - December, 2011’ must be amended to the satisfaction of the Responsible Authority to identify and separately describe:

2.1 Details about the control of emissions to the air environment and how such emissions will be controlled or treated so that they comply with relevant State Environment Protection Policies;

2.2 Each management item in numerical order; 2.3 The proposed method of compliance with the EPA conditions set out in

this permit;

2.4 Measures to demonstrate that the facility will be designed and operated in accordance with best practice, including applicable best practice measures identified in ‘Guide to Best Practice Resource Recovery Centres (Sustainability Victoria 2009)’;

2.5 Measures to screen and manage feedstock that is contaminated;

2.6 Design details of a real time “auto-shut-off” system to be installed to all

plant and equipment to ensure that all machinery is turned off when wind speeds exceed thirty (30) knots to control dust emissions;

2.7 Detailed management measures for environmental monitoring and

control, addressing the emissions of noise, dust and other atmospheric contaminants, including methods for controlling fugitive emissions and how in particular the operating procedures of the site are designed to ensure this does not cause a nuisance off-site;

2.8 Details of a complaints register, including the recording of complaints

and actions taken in response to the complaint(s) including but not limited to any remedial actions.

2.9 The design of works and management of water on site to:

2.9.1 Prevent groundwater contamination;

2.9.2 Ensure that no polluted waters, including sullage water or sediment laden waters from the land are discharged from the site; and

2.9.3 Ensure water conservation design measures and practices are

adopted, including efficient collection and re-use of surface water.

2.10 Compliance with the procedures outlined in the Worksafe Victoria

Recycling Construction and Demolition Material: Guidance on Complying with the Occupational Health and Safety (Asbestos) Regulations 2003.



Page 9165

Once submitted to the Responsible Authority, the revised SEMP must be assessed by an industrial facilities environmental auditor appointed pursuant to the provisions of the Environment Protection Act 1970 engaged by the Responsible Authority at the cost of the permit holder. Once approved by the Responsible Authority in accordance with the recommendation of the environmental auditor, the SEMP must be revised annually to the satisfaction of the Responsible Authority, with all cost borne by the permit holder. The permit holder must comply with all conditions of Site Management as set out in the SEMP.

3. Before the use or development starts, an Acoustic Report, prepared by a

qualified Acoustic Engineer, must be submitted to the Responsible Authority for approval. It must detail, among other things, sound-proofing and acoustic measures to the proposed Operations Shed, to minimise the emission of noise from the operation of the Jaw Crusher and other plant and machinery, all to the satisfaction of the Responsible Authority.

4. The use and operation of the site must at all times be conducted in accordance with:

4.1 Any plans and documents endorsed under this permit; and 4.2 The approved Site and Environmental Management Plan (SEMP).

All to the satisfaction of the Responsible Authority. 5. The use and development as shown on the endorsed plans must not be altered

without the further written consent of the Responsible Authority. 6. Once the development has started, it must be continued and completed in


7. The permitted use must not commence and the subject site must not be

occupied for that use until all buildings and works and the conditions of this permit have been complied with, unless with the further written consent of the Responsible Authority.

8. Items other than construction and demolition wastes (concrete, bricks, rock

and soil etc) must not be crushed or recycled at the premises except with the consent of the Responsible Authority.

9. No putrescibles waste, household waste, garbage, hazardous waste (including

and waste which is subject to the provisions of the Environment Protection (Industrial Waste Resource) Regulations 2009) or liquid waste, may be deposited on the site. Where such wastes are detected, the operator must direct the carrier to the appropriate facility. All such material must be removed within twenty–four (24) hours of detection.



Page 9166

10. The operator must provide and maintain a sign at the front entry of the site indicating the type of waste materials that must not be deposited at the site and provide advice as to the location of the nearest approval waste facility for the various waste. Details of the maximum penalty under the Planning and Environment Act 1987 or any other relevant Act for depositing such wastes must also be displayed. The sign and location must be to the satisfaction of the Responsible Authority.

11. Incoming loads must be processed in the area designated on the endorsed

plans to ensure identification and removal of asbestos from construction and demolition materials.

12. All vehicles removing waste must have fully secured and contained loads so

that no wastes are spilled or dust or odour is created to the satisfaction on the Responsible Authority.

13. A maximum of 50,000 tonnes per annum, or 150 tonnes per day of construction

and demolition waste (concrete, brick, rock and soil) may be processed and recycled on the premises.

14. The stockpiles on the site must be constructed and maintained so that:

14.1 They are not greater than four (4) metres in height as required under Condition 1.6 above;

14.2 They have a separation of not less than three (3) metres between each

stockpile. 14.3 Be enclosed by a wall of at least 5.0 metres on three (3) sides and by a

solid gate of 5.0 metres on the remaining side. All to the satisfaction of the Responsible Authority. 15. No plant, machinery or equipment may be installed or used on the land, other

than plant, machinery or equipment shown on the endorsed plans, without the consent of the Responsible Authority.

16. A truck wheel-wash must be installed and vehicles must use the wheel wash in

such a manner as to remove debris and dirt from vehicle tyres before leaving the site, all to the satisfaction of the Responsible Authority.

17. The wheel wash must be maintained in good order and all liquid and solid

waste or like material collected must be retained on the site for disposal to an appropriate facility, all to the satisfaction of the Responsible Authority.


pavement areas, all to the satisfaction of the Responsible Authority. 19. All wastes must be disposed of to the satisfaction of the Responsible Authority




Page 9167


21. Before the approved use starts, all landscaping shown on the endorsed plans

must be planted and thereafter maintained to the satisfaction of the responsible Authority.


landscape design shall be submitted to the Responsible Authority. The details of that person’s qualifications must be given and the plan must show existing vegetation to be retained, all proposed trees, shrubs and ground cover, including the botanical names and sizes at maturity of all plants, and the location of all areas to be covered by grass, lawn or other surface material to be specified. The use and/or development of the land shall not be commenced until such time that the submitted plan has been approved by the Responsible Authority.


23. The bund wall must not contain any inert material. 24. The finishes of the building/s must be of a non-reflective nature. Cladding

materials must be in coloured or painted in muted shades of green, brown or in colours approved by the Responsible Authority before the use starts. All finishes must be maintained to the satisfaction or the Responsible Authority.

25. Fire services must be provided on the site in accordance with the requirements

of the relevant Fire Authority and must be maintained to the satisfaction or the Responsible Authority.

Environment Protection Authority Conditions 26. The design and operation of the premises should be in accordance with

Sustainability Victoria’s Guide to Best Practice at Resource Recovery Centres (September 2009).

27. The materials recycling facility must operate in accordance with Environment

Protection (Industrial Waste Resource) Regulations 2009 and the Environment Protection Act 1970.

28. There must be no visible discharge of dust beyond the boundary of the

premises. 29. The operator must ensure that dust generation from operations on the site (e.g.

stockpiles, vehicle movements, loading and unloading operations and crushing) does not cause a nuisance off-site.

30. The operator must limit the scale of, or cease, operation if there is insufficient

dust suppression measures available (e.g. water) or during days of high risk.



Page 9168

31. There must be no discharge of wastewater, water used for dust suppression or contaminated stormwater to the stormwater drainage system or nearby surface waters. Suitable drains, interceptor pits, water treatment facilities, pumps and sumps must be installed to ensure that any wastewater or contaminated stormwater generated at the premises is connected to a reticulated sewer, in accordance with a Trade Waste Agreement with South East Water; or collected by an EPA permitted contractor, as appropriate.

32. Sediment and litter generated from on-site activities must not enter the

stormwater drainage system. 33. Construction and post-construction activities must be in accordance with

Construction Techniques for Sediment Pollution Control (EPA Publication No. 275, 1991).

34. Management and operation of the materials recycling facility should include

collection of litter, sediment and rubble from outside the premises and suitable precautions, such as the installation and regular maintenance of a rumble grid, should be taken to ensure that litter, sediment and rubble do not enter the stormwater drainage system.


that no wastes are spilled and no dust or odour is emitted. 36. All fuels and chemicals, held on site must be stored undercover in a bunded

area in accordance with EPA Publication No. 347: Bunding Guidelines (December 1992).

37. Noise emitted from the premises must meet the noise objectives as set out in

State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

38. The operator must develop and implement a Waste Management Plan (WMP) to

the satisfaction of Council. The WMP should clearly specify the categories of waste material which will be accepted for recycling on site and the categories of waste material which will not be accepted on site.

39. A remedial action plan in the event of accepting a Prescribed Industrial Waste

(PIW) material should also be included as part of the WMP. This should detail processes for identifying, managing and transporting any PIW identified on site.

40. Clean fill material product from the materials recycling facility must comply

with limits outlined in EPA Publication no. IWRG621: Soil Hazard Categorisation and Management (June 2009).

General Conditions (continued) 41. All crushing equipment and machinery must be enclosed by purpose-built

shedding with shrouding installed on all inlets and outlets including feed conveyors to minimise wind entrainment of dust to the satisfaction of the Responsible Authority in consultation with EPA.



Page 9169

42. The operator must continuously monitor (in real time) the levels of PM10 and PM2.5 emitted from the land in the vicinity of the hardstand areas and concrete crushing machinery whilst the site is operating. The location of fixed PM10 and PM2.5 monitors must be determined after consultation with the EPA and then maintained in good working order at the agreed locations. The Monitoring system must include an alarm to warn when dust conditions are unacceptable. The operation of the site must have regard to the information derived from PM10 and PM2.5 real-time monitoring.

43. The operator must measure insoluble solids dust deposition rates emitted from

the subject land, with samples collected on a monthly basis. The samples must be collected and analysed by a laboratory accredited by the National Association of Testing Authorities for the specified tests. The location of the dust deposit gauges must be determined after consultation with the EPA and then maintained in good condition at the agreed location. The operation of the site must have regard to the information derived from the dust deposition monitoring.

44 The operator must maintain a weather station, measuring wind speed and

direction and ambient temperature, on the site in a location to the satisfaction of the Responsible Authority.

45. The information collected by the measuring equipment must be provided to the

Responsible Authority or EPA within two business days of a request for the data.

46. The operator must submit to the Responsible Authority a report prepared by an

industrial facilities environmental auditor appointed pursuant to the provisions of the Environment Protection Act 1970, biannually for the first year of operation and annually thereafter. The reports must be in a suitable format to ensure convenient assessment and identify (at minimum), to the satisfaction of the Responsible Authority and/or the EPA:

46.1 Whether airborne emissions from the premises are being adequately

controlled so as to prevent the use from causing a nuisance or environmental hazard;

46.2 That the operations of the site are in accordance with all requirements of

the approved SEMP, SEPPs and relevant EPA guidelines; 46.3 Where any of the measures in the SEMP have not been implemented,

any recommended works or infrastructure; and 46.4 Timeframes for implementing recommendations.

47. The permit holder must implement the recommendations provided by the

auditor for the purposes of Condition 46. 48. The use may operate only between the hours of:

48.1 7.00am to 4.00pm Monday to Friday;

Except with the consent of the Responsible Authority.



Page 9170

49. The loading and unloading of goods from vehicles shall only be carried out within the boundaries of the site and shall not be conducted:

49.1 Before 7.00am or after 4.00pm on Monday to Friday; and

49.2 On Saturday or Sunday.


50. The amenity of the area must not be detrimentally affected by the use or

development of the land, through the: 50.1 Transport of materials, goods or commodities to or from the land;

50.2 Appearance of any building, works or materials; 50.3 Emission of artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil; 50.4 Presence of vermin; 50.5 The storage of materials on the site; and/or 50.6 Noise emanating from plant and equipment,

All to the satisfaction of the Responsible Authority. 51. Any external lighting of the site, including car parking areas and buildings,

must be located, directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond the site.

52 Boundary fencing must be maintained to the satisfaction of the Responsible

Authority. 53. All security alarms or similar devices installed on the land must be of a silent

type in accordance with any current standard published by Standards Australia International Limited and be connected to a security service.

54. Before the use or occupation of the development starts, areas set aside for the

parking of vehicles and access lanes as shown on the endorsed plans must be: 54.1 Constructed in accordance with the endorsed plan/s; and



Car spaces, access lanes, loading and unloading areas and driveways must be maintained and kept available for these purposes at all times.



Page 9171

55. The operator under this permit must make all reasonable attempts to ensure that no vehicle under the operator’s control, or the operator’s staff, are parked in the streets nearby, all to the satisfaction of the Responsible Authority.

56. The carparking provided on the land must always be available for use by

persons employed on or visiting the subject premises, and no measures may be taken to restrict access to the carpark by such persons, all to the satisfaction of the Responsible Authority.

57. A sign/s to the satisfaction of the Responsible Authority must be provided

directing drivers to the area(s) set aside for car parking and must be located and maintained to the satisfaction of the Responsible Authority. The area of each sign must not exceed 0.3 square metres.


fences or landscaped areas, to the satisfaction of the Responsible Authority. 59. Standard concrete vehicular crossing/s must be constructed to suit the

proposed driveway/s in accordance with the Council’s standard specifications and the land, footpath and kerb and channel reinstated, to the satisfaction of the Responsible Authority.

60. Access to the site and any associated roadwork must be constructed, all to the

satisfaction of the Responsible Authority. 61. All vehicles entering and exiting the site must do so in a forward direction. 62. The owner of the land must remove all stockpiled material, plant, equipment

and machinery and reinstate the land to the satisfaction of the Responsible Authority if:

62.1 The concrete crusher or associated plant has been or is to be

permanently removed from the site; or 62.2 The use has ceased permanently. 63. This permit will expire if:


63.2 The development is not completed within four (4) years of the date of

this permit, or 63.3 The use does not start within one (1) year of the completion of the

development, or 63.4 The use is discontinued for a period of two (2) years.




Page 9172

Notes

• A Vehicle Crossing Permit must be obtained from Council for all vehicular crossings prior to construction of the crossings.

• A Building Approval is required prior to the commencement of the approved development.

• As this is an established site; the proposed internal drainage should be connected to the existing Legal Point of Discharge (LPD). The applicant may apply for local drain information, if available; otherwise on site verification should be undertaken by the applicant.

MINUTE 1087 Moved by: Cr Angela Long Seconded by: Cr Paul Donovan That Council resolves to Grant a planning permit in respect of the land known and described as 52-54 Thomas Murrell Crescent, Dandenong South (Lots 11 on Plan of Subdivision PS526505L), to ‘Use and Develop the land for the purpose of Materials Recycling (Construction and Demolition Waste Recycling); with a reduction of the car parking requirement under Clause 52.06 of the Greater Dandenong Planning Scheme, all in accordance with the endorsed plans’ and subject to the following conditions:



1.1 Enclosure of the Concrete Tipping Apron.

1.2 An additional six (6) car parking spaces, bringing the total on the subject site to sixteen (16) car parking spaces.

1.3 A landscape plan in accordance with Condition 22 of this permit, but modified to show:

1.3.1 The height of the bund increased to 1.5 metres.

1.3.2 Advanced planting of drought-tolerant grasses and shrubs on top of the bund within the proposed landscaping strips.

1.3.3 The provision of canopy trees with a minimum planting height of 1.5 metres on either side of the bund (but not on the bund itself) within the proposed landscaping strips.

1.3.4 A fence to restrict access to the ‘Existing Restricted Area’ on its western and southern sides.



Page 9173

1.4 The location of a truck wheel wash as required under Condition 17 hereon.

1.5 The height of walls around the clean fill and crushed aggregate stockpile increased to 5.0 metres.

1.6 The maximum height of the stockpiles consequently reduced to 4.0 metres.

1.7 The location of a weighbridge.

1.8 The location of all air monitoring infrastructure and the weather station in accordance with Conditions 42, 43 and 44 of this permit.


2. Before the use or development starts, the submitted Site and Environmental Management Plan (SEMP) titled ‘Site and Environmental Management Plan – Materials Recycling Facility – Construction and Demolition Waste – 52-54 Thomas Murrell Crescent, Dandenong South - December, 2011’ must be amended to the satisfaction of the Responsible Authority to identify and separately describe:

2.1 Details about the control of emissions to the air environment and how such emissions will be controlled or treated so that they comply with relevant State Environment Protection Policies;

2.2 Each management item in numerical order; 2.3 The proposed method of compliance with the EPA conditions set out in

this permit;

2.4 Measures to demonstrate that the facility will be designed and operated in accordance with best practice, including applicable best practice measures identified in ‘Guide to Best Practice Resource Recovery Centres (Sustainability Victoria 2009)’;

2.5 Measures to screen and manage feedstock that is contaminated;

2.6 Design details of a real time “auto-shut-off” system to be installed to all

plant and equipment to ensure that all machinery is turned off when wind speeds exceed thirty (30) knots to control dust emissions;

2.7 Detailed management measures for environmental monitoring and

control, addressing the emissions of noise, dust and other atmospheric contaminants, including methods for controlling fugitive emissions and how in particular the operating procedures of the site are designed to ensure this does not cause a nuisance off-site;

2.8 Details of a complaints register, including the recording of complaints

and actions taken in response to the complaint(s) including but not limited to any remedial actions.



Page 9174

2.9 The design of works and management of water on site to: 2.9.1 Prevent groundwater contamination;

2.9.2 Ensure that no polluted waters, including sullage water or sediment laden waters from the land are discharged from the site; and

2.9.3 Ensure water conservation design measures and practices are

adopted, including efficient collection and re-use of surface water.

2.10 Compliance with the procedures outlined in the Worksafe Victoria

Recycling Construction and Demolition Material: Guidance on Complying with the Occupational Health and Safety (Asbestos) Regulations 2003.

Once submitted to the Responsible Authority, the revised SEMP must be assessed by an industrial facilities environmental auditor appointed pursuant to the provisions of the Environment Protection Act 1970 engaged by the Responsible Authority at the cost of the permit holder. Once approved by the Responsible Authority in accordance with the recommendation of the environmental auditor, the SEMP must be revised annually to the satisfaction of the Responsible Authority, with all cost borne by the permit holder. The permit holder must comply with all conditions of Site Management as set out in the SEMP.

3. Before the use or development starts, an Acoustic Report, prepared by a

qualified Acoustic Engineer, must be submitted to the Responsible Authority for approval. It must detail, among other things, sound-proofing and acoustic measures to the proposed Operations Shed, to minimise the emission of noise from the operation of the Jaw Crusher and other plant and machinery, all to the satisfaction of the Responsible Authority.

4. The use and operation of the site must at all times be conducted in accordance with:

4.1 Any plans and documents endorsed under this permit; and 4.2 The approved Site and Environmental Management Plan (SEMP).

All to the satisfaction of the Responsible Authority. 5. The use and development as shown on the endorsed plans must not be altered

without the further written consent of the Responsible Authority. 6. Once the development has started, it must be continued and completed in




Page 9175


8. Items other than construction and demolition wastes (concrete, bricks, rock

and soil etc) must not be crushed or recycled at the premises except with the consent of the Responsible Authority.

9. No putrescibles waste, household waste, garbage, hazardous waste (including

and waste which is subject to the provisions of the Environment Protection (Industrial Waste Resource) Regulations 2009) or liquid waste, may be deposited on the site. Where such wastes are detected, the operator must direct the carrier to the appropriate facility. All such material must be removed within twenty–four (24) hours of detection.

10. The operator must provide and maintain a sign at the front entry of the site

indicating the type of waste materials that must not be deposited at the site and provide advice as to the location of the nearest approval waste facility for the various waste. Details of the maximum penalty under the Planning and Environment Act 1987 or any other relevant Act for depositing such wastes must also be displayed. The sign and location must be to the satisfaction of the Responsible Authority.

11. Incoming loads must be processed in the area designated on the endorsed

plans to ensure identification and removal of asbestos from construction and demolition materials.


that no wastes are spilled or dust or odour is created to the satisfaction on the Responsible Authority.

13. A maximum of 50,000 tonnes per annum, or 150 tonnes per day of construction

and demolition waste (concrete, brick, rock and soil) may be processed and recycled on the premises.

14. The stockpiles on the site must be constructed and maintained so that:

14.1 They are not greater than four (4) metres in height as required under Condition 1.6 above;

14.2 They have a separation of not less than three (3) metres between each

stockpile. 14.3 Be enclosed by a wall of at least 5.0 metres on three (3) sides and by a

solid gate of 5.0 metres on the remaining side. All to the satisfaction of the Responsible Authority. 15. No plant, machinery or equipment may be installed or used on the land, other

than plant, machinery or equipment shown on the endorsed plans, without the consent of the Responsible Authority.



Page 9176

16. A truck wheel-wash must be installed and vehicles must use the wheel wash in such a manner as to remove debris and dirt from vehicle tyres before leaving the site, all to the satisfaction of the Responsible Authority.

17. The wheel wash must be maintained in good order and all liquid and solid

waste or like material collected must be retained on the site for disposal to an appropriate facility, all to the satisfaction of the Responsible Authority.


pavement areas, all to the satisfaction of the Responsible Authority. 19. All wastes must be disposed of to the satisfaction of the Responsible Authority


20. The site shall be kept in a neat and tidy condition at all times, all to the

satisfaction of the Responsible Authority. 21. Before the approved use starts, all landscaping shown on the endorsed plans

must be planted and thereafter maintained to the satisfaction of the responsible Authority.




23. The bund wall must not contain any inert material. 24. The finishes of the building/s must be of a non-reflective nature. Cladding

materials must be in coloured or painted in muted shades of green, brown or in colours approved by the Responsible Authority before the use starts. All finishes must be maintained to the satisfaction or the Responsible Authority.

25. Fire services must be provided on the site in accordance with the requirements

of the relevant Fire Authority and must be maintained to the satisfaction or the Responsible Authority.

Environment Protection Authority Conditions 26. The design and operation of the premises should be in accordance with

Sustainability Victoria’s Guide to Best Practice at Resource Recovery Centres (September 2009).



Page 9177

27. The materials recycling facility must operate in accordance with Environment Protection (Industrial Waste Resource) Regulations 2009 and the Environment Protection Act 1970.

28. There must be no visible discharge of dust beyond the boundary of the

premises. 29. The operator must ensure that dust generation from operations on the site (e.g.

stockpiles, vehicle movements, loading and unloading operations and crushing) does not cause a nuisance off-site.

30. The operator must limit the scale of, or cease, operation if there is insufficient

dust suppression measures available (e.g. water) or during days of high risk. 31. There must be no discharge of wastewater, water used for dust suppression or

contaminated stormwater to the stormwater drainage system or nearby surface waters. Suitable drains, interceptor pits, water treatment facilities, pumps and sumps must be installed to ensure that any wastewater or contaminated stormwater generated at the premises is connected to a reticulated sewer, in accordance with a Trade Waste Agreement with South East Water; or collected by an EPA permitted contractor, as appropriate.

32. Sediment and litter generated from on-site activities must not enter the

stormwater drainage system. 33. Construction and post-construction activities must be in accordance with

Construction Techniques for Sediment Pollution Control (EPA Publication No. 275, 1991).

34. Management and operation of the materials recycling facility should include

collection of litter, sediment and rubble from outside the premises and suitable precautions, such as the installation and regular maintenance of a rumble grid, should be taken to ensure that litter, sediment and rubble do not enter the stormwater drainage system.


that no wastes are spilled and no dust or odour is emitted. 36. All fuels and chemicals, held on site must be stored undercover in a bunded

area in accordance with EPA Publication No. 347: Bunding Guidelines (December 1992).

37. Noise emitted from the premises must meet the noise objectives as set out in

State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.

38. The operator must develop and implement a Waste Management Plan (WMP) to

the satisfaction of Council. The WMP should clearly specify the categories of waste material which will be accepted for recycling on site and the categories of waste material which will not be accepted on site.



Page 9178

39. A remedial action plan in the event of accepting a Prescribed Industrial Waste (PIW) material should also be included as part of the WMP. This should detail processes for identifying, managing and transporting any PIW identified on site.

40. Clean fill material product from the materials recycling facility must comply

with limits outlined in EPA Publication no. IWRG621: Soil Hazard Categorisation and Management (June 2009).

General Conditions (continued) 41. All crushing equipment and machinery must be enclosed by purpose-built

shedding with shrouding installed on all inlets and outlets including feed conveyors to minimise wind entrainment of dust to the satisfaction of the Responsible Authority in consultation with EPA.

42. The operator must continuously monitor (in real time) the levels of PM10 and

PM2.5 emitted from the land in the vicinity of the hardstand areas and concrete crushing machinery whilst the site is operating. The location of fixed PM10 and PM2.5 monitors must be determined after consultation with the EPA and then maintained in good working order at the agreed locations. The Monitoring system must include an alarm to warn when dust conditions are unacceptable. The operation of the site must have regard to the information derived from PM10 and PM2.5 real-time monitoring.

43. The operator must measure insoluble solids dust deposition rates emitted from

the subject land, with samples collected on a monthly basis. The samples must be collected and analysed by a laboratory accredited by the National Association of Testing Authorities for the specified tests. The location of the dust deposit gauges must be determined after consultation with the EPA and then maintained in good condition at the agreed location. The operation of the site must have regard to the information derived from the dust deposition monitoring.

44 The operator must maintain a weather station, measuring wind speed and

direction and ambient temperature, on the site in a location to the satisfaction of the Responsible Authority.

45. The information collected by the measuring equipment must be provided to the

Responsible Authority or EPA within two business days of a request for the data.

46. The operator must submit to the Responsible Authority a report prepared by an

industrial facilities environmental auditor appointed pursuant to the provisions of the Environment Protection Act 1970, biannually for the first year of operation and annually thereafter. The reports must be in a suitable format to ensure convenient assessment and identify (at minimum), to the satisfaction of the Responsible Authority and/or the EPA:

46.1 Whether airborne emissions from the premises are being adequately

controlled so as to prevent the use from causing a nuisance or environmental hazard;



Page 9179

46.2 That the operations of the site are in accordance with all requirements of the approved SEMP, SEPPs and relevant EPA guidelines;

46.3 Where any of the measures in the SEMP have not been implemented,

any recommended works or infrastructure; and 46.4 Timeframes for implementing recommendations.

47. The permit holder must implement the recommendations provided by the

auditor for the purposes of Condition 46. 48. The use may operate only between the hours of:

48.1 7.00am to 4.00pm Monday to Friday;


49. The loading and unloading of goods from vehicles shall only be carried out within the boundaries of the site and shall not be conducted:

49.1 Before 7.00am or after 4.00pm on Monday to Friday; and

49.2 On Saturday or Sunday.


50. The amenity of the area must not be detrimentally affected by the use or

development of the land, through the: 50.1 Transport of materials, goods or commodities to or from the land;

50.2 Appearance of any building, works or materials; 50.3 Emission of artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil; 50.4 Presence of vermin; 50.5 The storage of materials on the site; and/or 50.6 Noise emanating from plant and equipment,

All to the satisfaction of the Responsible Authority. 51. Any external lighting of the site, including car parking areas and buildings,

must be located, directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond the site.

52 Boundary fencing must be maintained to the satisfaction of the Responsible

Authority.



Page 9180

53. All security alarms or similar devices installed on the land must be of a silent type in accordance with any current standard published by Standards Australia International Limited and be connected to a security service.

54. Before the use or occupation of the development starts, areas set aside for the

parking of vehicles and access lanes as shown on the endorsed plans must be: 54.1 Constructed in accordance with the endorsed plan/s; and



Car spaces, access lanes, loading and unloading areas and driveways must be maintained and kept available for these purposes at all times.

55. The operator under this permit must make all reasonable attempts to ensure

that no vehicle under the operator’s control, or the operator’s staff, are parked in the streets nearby, all to the satisfaction of the Responsible Authority.

56. The carparking provided on the land must always be available for use by

persons employed on or visiting the subject premises, and no measures may be taken to restrict access to the carpark by such persons, all to the satisfaction of the Responsible Authority.

57. A sign/s to the satisfaction of the Responsible Authority must be provided

directing drivers to the area(s) set aside for car parking and must be located and maintained to the satisfaction of the Responsible Authority. The area of each sign must not exceed 0.3 square metres.


fences or landscaped areas, to the satisfaction of the Responsible Authority. 59. Standard concrete vehicular crossing/s must be constructed to suit the

proposed driveway/s in accordance with the Council’s standard specifications and the land, footpath and kerb and channel reinstated, to the satisfaction of the Responsible Authority.

60. Access to the site and any associated roadwork must be constructed, all to the

satisfaction of the Responsible Authority. 61. All vehicles entering and exiting the site must do so in a forward direction. 62. The owner of the land must remove all stockpiled material, plant, equipment

and machinery and reinstate the land to the satisfaction of the Responsible Authority if:

62.1 The concrete crusher or associated plant has been or is to be

permanently removed from the site; or 62.2 The use has ceased permanently.



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63. This permit will expire if:


63.2 The development is not completed within four (4) years of the date of

this permit, or 63.3 The use does not start within one (1) year of the completion of the

development, or 63.4 The use is discontinued for a period of two (2) years.


Notes

• A Vehicle Crossing Permit must be obtained from Council for all vehicular crossings prior to construction of the crossings.

• A Building Approval is required prior to the commencement of the approved development.

• As this is an established site; the proposed internal drainage should be connected to the existing Legal Point of Discharge (LPD). The applicant may apply for local drain information, if available; otherwise on site verification should be undertaken by the applicant.

CARRIED



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Page 9183

6.4.8 Town Planning Application - No. 59 Wilma Avenue, Dandenong (Planning Application No. PLN10/0688)

Attachments: Location of Submitters Submitted Plans Clause 55 Assessment


Application Summary

Applicant: Aru Design Proposal: To construct five (5) new double storey dwellings Zone: Residential 2 Zone (R2Z) Overlay: Not applicable Ward: Red Gum The application proposes to develop the site at 59 Wilma Avenue, Dandenong for five (5) new double storey dwellings. Pursuant to Clause 32.02-4 of the Greater Dandenong Planning Scheme, a permit is required to construct two or more dwellings on a lot within the Residential 2 Zone.

Objectors Summary

The subject site and surrounding area is zoned Residential 2. It is therefore exempt from advertising and third party appeal rights under the Planning and Environment Act 1987. In accordance with Council Policy notification of the application was undertaken by way of letters sent to the owners and occupiers of surrounding land. This allowed people to put in submissions if there were any concerns relating to the proposal. While Council policy allows submissions to be received and considered, the submitters do not have a right to be party to an appeal against any decision of Council to the Victorian Civil and Administrative Tribunal (VCAT). As a result of that notification process three (3) submissions were received. Issued raised generally relate to matters of overlooking, fencing, traffic, waste collection, insufficient setbacks and construction noise.




Town Planning Application - No. 59 Wilma Avenue, Dandenong (Planning Application No. PLN10/0688) (Cont.)

Page 9184


Subject Site The subject site is located on the western side of Wilma Avenue between Birdwood Avenue in the south and Rylands Road in the north. The site is rectangular in shape with an eastern frontage of 20.12 metres along Wilma Avenue, a southern boundary of 54.30 metres, a western boundary of 20.12 metres and a northern boundary of 54.31 metres. The total site area is approximately 1092.62m². In relation to its topography the site has an upwards slope of approximately 0.8 metres from the front to the rear of the site. There are no easements on the subject site. The subject site is currently occupied by a single storey brick dwelling which is to be demolished. There are two (2) single vehicle crossovers located along the northern and southern sides of the eastern street frontage respectively, which are to be retained as part of the development. There is currently a 0.7 metre high brick fence along the site’s eastern street frontage. Private open space is currently provided at the rear of the existing dwelling.

Surrounding Area Land in the immediate locality is generally used for residential purposes, comprising various types of accommodation. The housing stock is characterised by single and double storey detached dwellings of brick or weatherboard construction comprising tiled hipped roofs, in addition to numerous multi unit developments, ranging in age and style. Car parking spaces are generally located to the side or rear of the dwellings with access to single dwelling sites generally via a single crossover, whilst access to multi unit sites is often provided via two crossovers, most notable at 45, 53 and 57 Wilma Avenue. Front setbacks generally range between 5 and 8 metres. The setback of the dwelling abutting the north of the subject site at 61 Wilma Avenue is 12.4 metres, whilst the setback of the dwelling abutting the south of the subject site at 2/57 Wilma Avenue is 9.2 metres. The subject site is located approximately 440 metres to the north of the Hemmings Street neighbourhood shopping strip. This strip is mainly for local convenience shopping. Dandenong CAD, which contains a major shopping mall, is located approximately 700 metres to the south-east. The subject site is located in close proximity to a number of local bus services which run along Hemmings Street approximately 490 metres to the south, including the 812 (Dandenong to Brighton), 813 (Dandenong to Waverley Gardens), 814 (Dandenong to Springvale South), 815 (Dandenong to Noble Park) and 848 (Dandenong to Brandon Park) bus routes. Routes 814 and 848 also go through the intersection of Rylands Road and Jones Road approximately 165 metres to the north-west.



Page 9185

Locality Plan

Subject Site Melway Ref: 90 B5

Public open space close to the subject site comprises of Gardiner Reserve (approximately 315 metres to the north-west) and John Hemmings Memorial Park (approximately 425 metres to the east). Educational facilities close to the site are Dandenong West Primary School (approximately 295 metres to the south-west) and Dandenong High School (approximately 440 metres to the east). Please refer to the locality map on the next page for the location of the subject site and its surroundings:

N

Background

Previous Applications A search of Council Records indicates that the existing dwelling on the subject site was constructed in 1965. No previous planning applications have been considered for the subject site.



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Proposal

The application proposes to develop this site for the purposes of constructing five (5) new double storey dwellings. The existing dwelling is to be removed as part of the development of the site. Dwelling 1 is to be accessed via the existing single crossover on the northern side of the eastern street frontage along Wilma Avenue, whilst Dwellings 2, 3, 4 and 5 are to be accessed via the existing single crossover on the southern side of the eastern street frontage along Wilma Avenue. The details are as follows: Proposed Dwelling 1 (4 Bedrooms – Double Storey – 2 car spaces) The proposed dwelling would comprise of:

• An Entry Area, Family Room, Meals Area, Kitchen, Laundry, Bathroom, Bedroom and Rumpus Room at ground floor level;

• Three (3) Bedrooms (one of which includes a Walk-In-Robe and an Ensuite) and a Retreat at first floor level;

• A single garage with a tandem car space in front to the north of the dwelling;

• An area of secluded private open space located to the north of the dwelling and accessed from the Family Room; and

• Brick walls at ground level, rendered walls at first floor level and a concrete tiled roof. Proposed Dwelling 2 (2 Bedrooms – Double Storey – 1 car space) The proposed dwelling would comprise of:

• An Entry Area, Living Area, Kitchen, Meals Area, Family Room, Laundry and Toilet at ground floor level;

• Two (2) Bedrooms (one of which includes a Walk-In-Robe and an Ensuite) and a Lobby at first floor level;

• A single garage to the west of the dwelling;


• Brick walls at ground level, rendered walls at first floor level and a concrete tiled roof.

Proposed Dwelling 3 (2 Bedrooms – Double Storey – 1 car space) The proposed dwelling would comprise of:





Page 9187

• A single garage to the east of the dwelling;



Proposed Dwelling 4 (2 Bedrooms – Double Storey – 1 car space) The proposed dwelling would comprise of:



• A single garage to the west of the dwelling;



Proposed Dwelling 5 (3 Bedrooms – Double Storey – 2 car spaces) The proposed dwelling would comprise of:

• A Living Area, Kitchen, Family Room, Bedroom, Laundry and Toilet at ground floor level;

• Two (2) bedrooms (one of which includes an Ensuite) and a Retreat at first floor level;

• A carport with a tandem car space in front to the east of the dwelling;








Page 9188



Zone.


Zoning Controls The subject site is located in a Residential 2 Zone, as is the surrounding area. Clause 32.02 of the Scheme outlines the purpose of the Residential 2 Zone, which is:


• To encourage residential development at medium or higher densities to make optimum use of the facilities and services available.



Pursuant to Clause 32.02-4, a permit is required for the development of two (2) or more dwellings on a lot. The development must meet the requirements of Clause 55. The variations to the schedule to the Residential 2 Zone are as follows:

• Minimum street setback – As per A3 (Clause 54) and B6 (Clause 55) or 5 metres, whichever is lesser.

• Site coverage – up to a maximum of 70%.

• Front fence height – Maximum 1.5 metre height in streets in Road Zone Category 1, 1.2 metre maximum height for other street.

Overlay Controls No overlays affect the subject site.



Page 9189







(b), (c), (d) and (e). (g) To balance the present and future interests of all Victorians. In order to achieve those objectives, there are a number of more specific objectives contained within the State Planning Policy Framework that need to be considered under this application. The matter of Settlement is outlined at Clause 11. Metropolitan Melbourne is considered under Clause 11.04 with the following objective outlined at Clause 11.04-5 relating to Melbourne’s Urban Growth of particular relevance to this application: To set clear limits to Metropolitan Melbourne’s urban development. Clause 15 of the Scheme looks at Built Environment and Heritage, with the Urban Environment focused on under Clause 15.01. Relevant objectives of that Clause to be considered include:




Clause 15.02 – Sustainable Development is also of relevance to this application, with the following objective relating to Energy and Resource Efficiency at Clause 15.02-1 having to be considered: To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.



Page 9190

Housing, which is of particular relevance to this application, is considered under Clause 16 of the Scheme. Objectives relating to residential development outlined at Clause 16.01 to be considered include:






With Infrastructure considered at Clause 19, Clause 19.03 the broad objectives relating Development Infrastructure should be considered. Those objectives include:




• In 2006 Greater Dandenong was home to over 130,000 people within an area of 129.6 square kilometres (Clause 21.02-1).







Page 9191




Greater Dandenong’s vision is outlined at Clause 21.03. Amongst others, the vision is that Greater Dandenong will be a municipality where central Dandenong functions as the sustainable economic heart of the City where a range of high quality affordable high to medium density housing exists in harmony with a thriving retail and commercial sector and where sustainable modes of transport are highly accessible, and where housing diversity and choice is promoted in its various attractive neighbourhoods. The objectives and strategies of the MSS are under four (4) main themes including: land use; built form; open space and natural environment; and, infrastructure and transportation (considered individually under Clauses 21.04 to 21.07). Of particular relevance to this application are Clauses 21.04 – Land Use, 21.05 – Built Form and 21.07 – Infrastructure and Transportation. Under Clause 21.04 – Land Use the matter of housing and community, amongst others, is covered. It is noted within Clause 21.04-1 relating to the matter of housing and community, that Greater Dandenong is forecast to be home to some 16,700 new households by 2031, representing a 36 percent increase on the number of households when compared with numbers in 2001. Of those new households 3,700 are forecast to be within ‘green field’ locations, and the balance within strategic redevelopment sites and within residential areas. Relevant objectives and strategies of that Clause include: 1. To encourage and facilitate a wide range of housing types and styles which increase

diversity and cater for the changing needs of households.

1.1 Encourage a mix of housing types that better reflects the cross section of the community in Greater Dandenong.

1.2 Promote subdivision that provides for a range of lot sizes to cater for the diversity of the community of Greater Dandenong.

1.3 Encourage the provision of housing that is adaptable to support the needs of the changing needs of present and future residents.

1.5 Encourage innovative redevelopment and renewal of deteriorating housing stock and older styled higher-density apartments and multi-unit developments.



Page 9192

2. To respect and improve residential environments. 2.1 Encourage developments to exceed minimum compliance with the requirements of

Clauses 54, 55 and 56, where appropriate and identified. 2.2 Encourage new development that incorporates adequate space for the planting and

the long term viability and safe retention of canopy trees. 3. To accommodate an increase in resident population of 15000 in central Dandenong and

its periphery by the year 2015. 3.1 Strongly encourage medium density housing of up to 4 levels within the residential

periphery to Central Dandenong as illustrated in Clause 22.09-3. 3.2 Encourage only higher density housing within Central Dandenong. 4. To optimise residential consolidation around activity centres/transport nodes, and more

efficient use of existing urban infrastructure. 4.1 Actively encourage medium and higher density housing in strategic locations and in

areas nominated for substantial change. 4.2 Develop appropriate planning guidelines (including overlay controls) for the


4.3 Encourage and promote increased densities in the Residential 2 Zoned areas, particularly those in proximity to the Major Activity Centres of Springvale and Noble Park.

4.6 Ensuring new development takes into full account the neighbourhood character design guidelines for each type of building and that such new development positively contributes to be preferred future neighbourhood character of each particular residential area.

4.7 Actively encouraging well designed, medium and higher density housing in strategic locations and in areas nominated for substantial change.








and public realm. 2.2 Promote all aspects of character – physical, environmental, social and cultural.



Page 9193

2.3 Encourage planting and landscape themes, which complement and improve the environment.

2.4 Encourage developments to provide for canopy trees. 2.5 Recognising valued existing neighbourhood character and promoting desired future

character as defined in the Residential Development and Neighbourhood Character Policy at Clause 22.09.

3. To improve the quality, consistency and function of the city’s environment. 3.3 Apply the Residential Development and Neighbourhood Character Policy at Clause

22.09. 6. To ensure that design of the public and private environment supports accessibility and







1.2 Encourage the recycling of grey water in new developments.

1.3 Require an environmental management plan where a use or development would require on going management controls.

Under Clause 21.07 – Infrastructure and Transportation matters of physical, community and cultural infrastructure and public transport, amongst others, are covered. Relevant objectives and strategies of Clause 21.07-1 relating to the matter of physical, community and cultural infrastructure include: 2. To manage the impact of discharge of stormwater to minimise pollution and flooding. 2.1 Promote water sensitive urban design principles. 2.2 Require Environmental Management Plans for large developments. 3. To minimise damage to physical infrastructure (including trees) from development.







Page 9194

2. To integrate transport and land use. 2.3 Encourage higher density and mixed use development (including rezoning if

necessary) within 400m of transport nodes. Relevant objectives and strategies of Clause 21.07-3 relating to the matter of walking and cycling include: 1. To promote and facilitate walking and cycling. Ensure walking and cycling are important design elements in all land use and

development decisions. 1.1 Require developers to undertake an assessment of the extent, contents and quality of

the ‘walkable catchment’ for major development proposals. 1.4 Discourage vehicle cross-overs where they have a significant impact on pedestrian

movements. Clause 22.09 – Residential Development & Neighbourhood Character Policy – affects all residential development requiring a planning permit in a Residential 1, 2 and 3 Zone (this policy does not apply to land included in the Logis Site under Amendment C90, Keysborough South Stages 1, 2 and 3 of the Keys and Crystal Waters Estates under Amendment C36 and any other land located within a major or principal activity centre such as the Dandenong CAD, Springvale, Parkmore and Noble Park), as defined in the City of Greater Dandenong Neighbourhood Character Study (September 2007). Clause 22.09-2 contains the following objectives:










Page 9195


Within the City of Greater Dandenong Neighbourhood Character Study (September 2007) which is listed as a Reference Document under Clause 21.08, the subject site is identified as being located within Existing Character Area 8. The Study describes the existing Character Area 8 a being located directly adjacent to the Dandenong Town Centre, extending west in a corridor between Princes Highway and the railway. Predominantly developed in the 1950’s-1960’s, it has accommodated a significant level of redevelopment in the streets immediately adjacent to the town centre. Mixed with remnant original single dwellings, is a high proportion of villa units, traditional walk up flats, apartment blocks and medium density developments, which broadly reflect the Residential 2 zoning in that location. The overall built form of this area is dominant and landscaping in the public and private realm is limited. Clause 22.09 divides the residential zoned land within the municipality into three character areas and articulates what degree of change is appropriate in each area by reference to design guidelines. The three character areas are:

• Substantial Change Area;

• Incremental Change Area; and

• Limited Change Area. The Substantial Change Area aligns with the Residential 2 Zone, the Incremental Change Area aligns with the Residential 1 Zone and the Limited Change area aligns with the Residential 3 Zone. Consistent with its Residential 2 zoning, the subject site is located within a Substantial Change Area. Clause 22.09-3.1 outlines the policy framework for Substantial Change Areas as follows: Location - Substantial change areas are generally located close to principal and major activity centres and major transport corridors that have been identified as suitable to undergo a relatively high level of change. They include areas:

• to the north, south, east and west of Dandenong Activity Centre;

• to the south of Noble Park Activity Centre;

• surrounding Springvale Activity Centre; and

Existing character – These areas were originally developed from the 1940’s onwards and largely consisted of single storey detached houses. The existing character of substantial change areas now includes a wide range of housing types, including relatively high proportions of medium density housing compared to other parts of the municipality. Around the Dandenong Activity Centre in particular, there has been considerable infill development comprising one and two storey detached and semi-detached forms of housing, and two and three storey walk-up apartments. Areas around Noble Park and Springvale have also accommodated a comparatively high degree of change, however these areas contain relatively fewer walk-up apartments than the area around Dandenong. Building height in these areas rarely exceeds two storeys.



Page 9196

The Residential Two Zone (R2Z) surrounding the central Dandenong Activities Centre supports the objectives of the Revitalising Central Dandenong Initiative by facilitating higher density residential development within walking distance of the centre. Residential Development of up to four storeys within the Residential Periphery boundary as shown on Map 1: Future Character Areas is strongly supported. The Residential Periphery Boundary can generally be described as being approximately 400 metres beyond Central Dandenong. Future character - The future character of substantial change areas will evolve over time to contain a greater proportion of well designed and site responsive two and three storey medium density residential development. Appropriately articulated building elevations and well proportioned ground level setbacks are provided at the front, side and rear of buildings to allow for substantial landscaping to soften the built form. Consolidation of allotments to increase development potential is encouraged. Within the Periphery the built form will be less intensive than that in Central Dandenong and building heights lower. A limited amount of street front retailing could be accommodated where this contributes directly to the amenity and convenience of the surrounding local population. This could take the form of small-scale local convenience stores. Medium density residential, apartment and multi-unit type developments accommodating a population of 8000 by the year 2015 is envisaged for the Periphery area. The reasonable amenity of adjoining dwellings will be preserved by responsive site design that ensures an appropriate ground level setback of two and three storey buildings from sensitive outdoor living areas, and from the main outlook from living rooms on adjoining properties, to enable screen planting. Sufficient space will be provided at ground level at the front of sites, and along side and rear boundaries adjacent to sensitive outdoor living areas on adjoining properties, to provide for landscaping and canopy trees to soften the appearance of the built form when viewed from the street and from adjoining sensitive outdoor living areas, and to provide a landscape character throughout. Car access, parking and paving within the front setback will be limited in order to maximise the opportunity for soft landscaping. The Design Guidelines for Substantial Change Areas are:

• Housing form – A higher proportion and intensity of medium density infill development than in incremental and limited change areas;

• Height – Outside the Dandenong residential periphery – Up to 3 storeys, with 4 storeys a possibility where appropriate considering its interface with existing residential development, response to site circumstances and streetscape;

• Bulk – Building bulk and height can be relatively uniform throughout the depth of sites, provided appropriately articulated building elevations and well proportioned ground level setbacks are provided at the front, side and rear of buildings to allow for substantial landscaping to soften the built form. Avoid a tiered approach at upper levels. No need for separation between upper levels of dwellings on a site, as is the case in incremental and limited change areas, providing the building portrays a high standard of design and does not result in unreasonable amenity impacts;



Page 9197

• Site coverage – Up to 70%;

• Permeable site area – Minimum of 20%;

• Front setback – As per Clause 55 or 5 metres, whichever is the lesser;

• Side & rear setbacks – As per Clause 55;

• Private open space – As per Clause 55;

• Car parking – For more intensive developments comprising dwellings without a ground level component - basement or in building car parking to maximise the opportunity for soft landscaping at ground level. For developments comprising dwellings with a ground level component - garages and parking areas located behind buildings, generally hidden from view;

• Landscaping – 70% of ground level front setback planted with substantial landscaping and canopy trees;

• Front boundary – Open or low scale front fences not to exceed 1.5 metres for street in Road Zone Category 1 and maximum height of 1.2 metres for other roads to allow a visual connection between landscaping in front gardens and street tree planting. Second crossovers on allotments with frontage widths below 17m will be discouraged.






Under this Clause, the objectives must be met, and the standards should be met as a means of meeting the objectives. General Provisions Clause 65 – Decision Guidelines needs to be considered, as is the case with all applications. For this application the requirements of Clause 65.01 for the approval of an application or plan is of relevance. This Clause outlines the requirements that the responsible authority must consider when determining the application.



Page 9198

Other Council Documents Council has some documents, which whilst not included in the Planning Scheme should be considered in the assessment of the application for the purpose of being used for guidance. This includes Council’s ‘Multi-Unit Developments Waste Collection Guidelines for Developers’ (December 2004). Those Guidelines aim to provide developers with guidance on waste collection and management requirements when designing multi-dwelling developments with the municipality. Council’s general waste collection for residential properties typically comprises: • A weekly collection of household garbage using an 80 or 140 litre mobile bin;










Community Safety






Page 9199

Referrals


Internal The application was not required to be internally referred.

Advertising

Whilst advertising of this application was not required to be undertaken pursuant to Clause 32.02-4 of the Greater Dandenong Planning Scheme, in accordance with Council Policy notification of the application was undertaken by way of letters sent to the owners and occupiers of surrounding land. This allowed people to put in submissions if there were any concerns relating to the proposal. Three (3) submissions were received to the application. The location of the submitters is shown in Attachment 1.

Consultation

A consultative meeting was held on 20/09/2011, with the applicants, the submitters and Council representatives in attendance. Whilst the issues were discussed at length there was no resolution and the submissions stand as received.

Summary of Grounds of Submissions/Objections

The objections are summarised below (bold), followed by the Town Planner’s Response (in italics). 1. Overlooking

The submitters are concerned that their secluded private open spaces and habitable room windows will be affected by overlooking from the proposed development and that they will lose their privacy.

The proposal has appropriately addressed external overlooking concerns in accordance with the requirements of Standard B22 (Overlooking) of Clause 55 through a variety of methods including obscure glazed windows and windows with fixed external screens up to 1.7 metres above finished floor level with a maximum transparency of 25%. Windows which are clear and have overlooking potential can be provided with fixed external screens up to 1.7 metres above finished floor level, with a maximum transparency of 25% as a condition of permit, if granted.

2. Fencing

Unless the fencing is required under this planning permit application to prevent overlooking, the issue of fencing between the subject site and the objector’s property is a civil matter between the two respective property owners.



Page 9200

The securing of fences between properties during the construction process is covered under the Building Regulations.

3. Traffic The submitters are concerned that the street is too narrow and there are too many cars parked in the street, giving rise to traffic congestion in the area. Dwelling 1 has four (4) bedrooms, Dwellings 2, 3 and 4 have two (2) bedrooms each, whilst Dwelling 5 has three (3) bedrooms. Dwelling 1 is provided with a single garage and tandem car space in front, Dwellings 2, 3 and 4 are provided with single garages, and Dwelling 5 is provided with a single carport and tandem car space in front. Each dwelling is provided with the requisite number of car parking spaces for its intended size in accordance with Standard B16 of Clause 55, being one car space per two (2) bedroom dwelling, and two (2) car spaces per three (3) bedroom dwelling. Given that the proposed development is for five (5) dwellings, a visitor car space is also required and has been provided on the subject site. As sufficient provision has been made for car parking on site, it is unlikely that there would be a significant impact on traffic congestion in the street as a result of this proposal.

4. Waste Collection

The collection of waste for each dwelling is available from Wilma Avenue for general Council collection with regard given to the ‘Multi-Unit Developments Waste Collection Guidelines for Developers’ and the required space.

5. Insufficient Setbacks

The setbacks of the proposed development meet the requirements of Standard B17 of Clause 55 for all walls not built to the boundary.

6. Construction Noise

Matters relating to construction noise, and what days and times construction can occur, are covered under the Building Regulations.

Assessment

Use The use of the site for the purpose of dwellings is consistent with the surrounding uses and provisions of the Greater Dandenong Planning Scheme, with a planning permit not required for this use pursuant to Clause 32.02-1. A permit is required to construct or extend two or more dwellings on a lot, pursuant to Clause 32.02-4.

State and Local Planning Policies As noted above, the State and Local Planning Policy Framework encourages higher densities and a range of dwelling types where advantage of well established physical and social infrastructure can be taken. The proposed development is located within close proximity to a range of existing infrastructure and services, including shops and public transport nodes and would add to the housing diversity of the area, catering for the changing community profile.



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Clause 22.09 – Residential Development and Neighbourhood Character Policy Pursuant to Clause 22.09-3.1, an assessment against the Design Guidelines for Substantial Change Areas is provided as follows:


It is considered that the proposed development constitutes a more intense form of medium density infill which is more appropriate to the substantial change area that the subject site is located in, as opposed to an incremental or limited change area.

• Height – Outside the Dandenong residential periphery – Up to 3 storeys, with 4

storeys a possibility where appropriate considering its interface with existing residential development, response to site circumstances and streetscape;

The subject site is located outside of the Dandenong residential periphery area and has a maximum height of two storeys, which is considered reasonable along Wilma Avenue.


The building height and bulk of the proposed development is relatively uniform throughout the depth of the subject site. The development is appropriately articulated, with well proportioned ground level setbacks, at the front, sides and rear, which will allow for substantial landscaping to soften the built form. A tiered approach has been avoided at the upper levels. There is separation between dwellings on the upper level of the proposed development, which displays a reasonable standard of design, and does not result in unreasonable amenity impacts.


The site coverage of the proposal is approximately 45.3% which is under the maximum of 70% allowed under Clause 22.09-3.1, the schedule to Clause 32.02, and Clause 55.03-3 (Standard B8).


30.8% of the site area will remain permeable enabling lawn, porous paving and landscaping to be achieved, which is greater than the minimum of 20% required under Clause 22.09-3.1 and Clause 55.03-4 (Standard B9).



Page 9202


The minimum front setback proposed is 5.0 metres, which is consistent with the minimum 5.0 metres required under Clause 22.09-3.1, the schedule to Clause 32.02, and Clause 55.03-1 (Standard B6) and as such is considered reasonable.


Pursuant to Standard B17 of Clause 55 all ground floor walls are setback more than 1.0 metre from side and rear boundaries, whilst all upper level walls are setback more than 1.9 metres from side and rear boundaries.


Each dwelling is provided with adequate areas of usable private open space, in excess of the minimum requirements of Standard 28 of Clause 55. Each dwelling’s private open space area has a minimum dimension greater than 3.0 metres and each one is accessed from the Family Room. The overall respective areas are as follows: • Dwelling 1 has a front yard of 59.0m² and a secluded private open space area of

27.0m². • Dwelling 2 has a secluded private open space area of 41.0m². • Dwelling 3 has a secluded private open space area of 42.23m². • Dwelling 4 has a secluded private open space area of 39.38m². This can be

increased to 40m² as a condition of permit, if granted. • Dwelling 5 has a secluded private open space area of 57.78m².

• Car parking – For more intensive developments comprising dwellings without a

ground level component - basement or in building car parking to maximise the opportunity for soft landscaping at ground level. For developments comprising dwellings with a ground level component - garages and parking areas located behind buildings, generally hidden from view;

The proposed development comprises of five (5) dwellings with ground level components and with the exception of Dwelling 1, garages and parking areas are located behind buildings, and are generally hidden from view.


At least 70% of the ground level front setback can be planted with substantial landscaping and canopy trees and shown on the landscaping plan as such as a condition of permit, if granted.



Page 9203


The existing 0.7 metre high brick front fence is proposed to be retained as part of this application. Whilst the proposal has two (2) crossovers, it is noted that the site frontage is greater than 17 metres.

Clause 55 Assessment An assessment of the proposal against the requirements of Clause 55 is attached to this report. The assessment of the application against this Clause found the proposed development meets the overall objectives of the Clause, or can do so through conditions of any permit granted, meeting the objectives as a whole. The use of the land for medium density housing is appropriate, and the proposal in its current form is considered to be suitable for the subject site given its proximity to existing infrastructure and public transport nodes. The proposed development can be accommodated on the land with minimal impact on the amenity of abutting properties. The siting of the proposed dwellings ensures a satisfactory level of amenity for future residents on the site. The existing character of the area is typified by a variety of built forms from single storey dwellings through to double storey townhouses. It is considered that the proposal for five (5) double storey dwellings across the site respects the existing and preferred future character of the area. A full Clause 55 Assessment is included as Attachment 3.

Waste Collection The collection of waste for each dwelling is available from Wilma Avenue for general Council collection with regard given to the ‘Multi-Unit Developments Waste Collection Guidelines for Developers’ and the required space.

Vegetation & Tree Impact (Site & Surrounds) There are no trees or vegetation on adjoining or surrounding properties which would be affected by the proposed development. A detailed landscape plan has not been submitted with the application. A landscape plan can be required as a condition of permit, if granted, and would include advanced planting of shrubs across the site, the provision of one (1) canopy tree with a minimum planting height of 1.5m in the secluded private open space area of each dwelling, and two (2) canopy trees with a minimum planting height of 1.5m in the front setback of Dwelling 1.



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Conclusion

The application has been assessed against the requirements and stated objectives of the Greater Dandenong Planning Scheme for this area and is considered to be satisfactory. The proposal is also considered to be consistent with Council’s strategic planning directions for this area. The proposal is consistent with the relevant planning controls and policies contained within the Greater Dandenong Planning Scheme and a Permit should be issued in line with the recommendation of this report.

Recommendation That Council resolves to Grant a planning permit in respect of the land known and described as No. 59 Wilma Avenue, Dandenong, for the purpose of constructing five (5) new double storey dwellings, in accordance with the plans submitted with the application subject to the following conditions: 1. Before the development starts, two (2) copies of amended plans drawn to scale

and dimensioned, must be submitted to the Responsible Authority for approval. No buildings or works must be commenced until the plans have been approved and endorsed by the Responsible Authority. The endorsed copy of the plans forms part of this permit.



modified to show:



height of 1.5 metres in the secluded private open space area of each dwelling.

1.2. Security lighting along the length of the common accessway at

appropriate intervals on the Ground Floor Plan. 1.3. Dwelling 1’s north-facing upper-level Retreat window to be provided with

fixed external screens up to 1.7 metres above finished floor level with a maximum transparency of 25% on the respective elevation.

1.4. Dwelling 2’s north-facing upper-level Master Bedroom window to be provided with fixed external screens up to 1.7 metres above finished floor level with a maximum transparency of 25% on the respective elevation.

1.5. Dwelling 4’s private open space to be increased to a minimum of 40m². 1.6. Dwelling 5’s storage shed to be provided with a minimum capacity of

6.0m³. 2. The development as shown on the endorsed plans must not be altered without

the further written consent of the Responsible Authority.



Page 9205


4. The dwelling/s hereby approved must not be occupied until all buildings and




pavement areas, all to the satisfaction of the Responsible Authority. 7. Before the occupation of the dwellings hereby approved, the area(s) set-aside for


7.1. Constructed in accordance with the endorsed plan/s. 7.2. Properly formed to such levels that they can be used in accordance with

the plans. 7.3. Surfaced with an all-weather sealcoat. 7.4. Drained to the legal point of discharge.



fences or landscaped areas, all to the satisfaction of the Responsible Authority. 9. Access to the site and any associated roadworks must be constructed, all to the

satisfaction of the Responsible Authority. 10. All external lighting of the site, including carparking areas and dwellings, must











Page 9206

14. All piping and ducting above the ground floor storey of the building, except for downpipes and spouting, shall be concealed to the satisfaction of the Responsible Authority.




land to the satisfaction of the Responsible Authority. 17. All boundary walls in the development must be constructed, cleaned and

finished to the satisfaction of the Responsible Authority. 18. A retractable or folding linear type of clothesline shall be provided in the private

courtyard appurtenant to each dwelling. No other type of clothesline shall be permitted unless indicated in writing by the Responsible Authority.



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



development. Prior to the final design being completed, the applicant should consult with

Council’s Infrastructure Planning Department in regard to the legal point of discharge for this site.



Page 9207

MINUTE 1088 Moved by: Cr Angela Long Seconded by: Cr Paul Donovan That Council resolves to Grant a planning permit in respect of the land known and described as No. 59 Wilma Avenue, Dandenong, for the purpose of constructing five (5) new double storey dwellings, in accordance with the plans submitted with the application subject to the following conditions: 1. Before the development starts, two (2) copies of amended plans drawn to scale



1.1 A landscape plan in accordance with Condition 13 of this permit, but

modified to show:



height of 1.5 metres in the secluded private open space area of each dwelling.

1.2 Security lighting along the length of the common accessway at

appropriate intervals on the Ground Floor Plan. 1.3 Dwelling 1’s north-facing upper-level Retreat window to be provided with

fixed external screens up to 1.7 metres above finished floor level with a maximum transparency of 25% on the respective elevation.

1.4 Dwelling 2’s north-facing upper-level Master Bedroom window to be provided with fixed external screens up to 1.7 metres above finished floor level with a maximum transparency of 25% on the respective elevation.

1.5 Dwelling 4’s private open space to be increased to a minimum of 40m². 1.6 Dwelling 5’s storage shed to be provided with a minimum capacity of

6.0m³. 2. The development as shown on the endorsed plans must not be altered without







Page 9208



pavement areas, all to the satisfaction of the Responsible Authority. 7. Before the occupation of the dwellings hereby approved, the area(s) set-aside

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

7.1 Constructed in accordance with the endorsed plan/s. 7.2 Properly formed to such levels that they can be used in accordance with

the plans. 7.3 Surfaced with an all-weather sealcoat.


All to the satisfaction of the Responsible Authority. 8. In areas set aside for carparking, measures must be taken to prevent damage to

fences or landscaped areas, all to the satisfaction of the Responsible Authority. 9. Access to the site and any associated roadworks must be constructed, all to

the satisfaction of the Responsible Authority. 10. All external lighting of the site, including carparking areas and dwellings, must









14. All piping and ducting above the ground floor storey of the building, except for




Page 9209

15. The obscure glazing to the windows shown on the endorsed plans must be through frosted glass or similarly treated glass, and thereafter maintained to the satisfaction of the Responsible Authority. Adhesive film or the like that can be removed must not be used.

16. All screens marked on the endorsed plan shall be maintained by the owner of

the land to the satisfaction of the Responsible Authority. 17. All boundary walls in the development must be constructed, cleaned and

finished to the satisfaction of the Responsible Authority. 18. A retractable or folding linear type of clothesline shall be provided in the

private courtyard appurtenant to each dwelling. No other type of clothesline shall be permitted unless indicated in writing by the Responsible Authority.






development. Prior to the final design being completed, the applicant should consult with


CARRIED



Page 9210





Page 9211

6.4.9 Town Planning Application - No. 69 & 71 Potter Street, Dandenong (Planning Application No. PLN11/0333)

Attachments: Location of Submitters Submitted Plans Clause 55 Assessment

File No: 360260 & 360265 Responsible Officer: Acting Director Development Services

Application Summary

Applicant: AR Project Consultants Pty Ltd Proposal: Construct sixteen (16) three-storey dwellings Zone: Residential 2 Zone Overlay: No Overlays Ward: Red Gum The application proposes to develop the sites at 69 and 71 Potter Street, Dandenong by constructing sixteen (16) new three-storey dwellings. Pursuant to Clause 32.02-4 of the Greater Dandenong Planning Scheme, a permit is required to construct two or more dwellings on a lot within the Residential 2 Zone.

Objectors Summary

The subject site and surrounding area is zoned Residential 2. It is therefore exempt from advertising and third party appeal rights under the Planning and Environment Act 1987. In accordance with Council Policy notification of the application was undertaken by way of letters sent to the owners and occupiers of surrounding land. This allowed people to put in submissions if there were any concerns relating to the proposal. While Council policy allows submissions to be received and considered, the submitters do not have a right to be party to an appeal against any decision of Council to the Victorian Civil and Administrative Tribunal (VCAT). As a result of that notification process five (5) submissions were received from three (3) properties. Issues raised generally relate to matters of loss of privacy/overlooking, loss of views/ visual amenity, property devaluation, overshadowing, density, height and noise.




Town Planning Application - No. 69 & 71 Potter Street, Dandenong (Planning Application No. PLN11/0333) (Cont.)

Page 9212


Subject Site The subject sites are located on the western side of Potter Street between Birdwood Avenue in the south and Princes Highway in the north. The combined site is rectangular in shape with an eastern frontage of 30.47 metres along Potter Street, a southern boundary of 59.17 metres, a western boundary of 30.47 metres and a northern boundary of 59.07 metres. The total site area is approximately 1801.38m². In relation to its topography the site has a downwards slope of approximately 0.7 metres from the front to the rear of the site. There is a 1.22 metre wide easement at the rear of 69 Potter Street and a 2.44 metre wide easement at the rear of 71 Potter Street. 69 Potter Street is currently occupied by a single storey brick dwelling which is to be demolished, whilst 71 Potter Street is currently occupied by a single storey weatherboard dwelling which is also to be demolished. There is a single vehicle crossover located along the northern side of 69 Potter Street’s eastern street frontage which is proposed to be extended to become a double crossover serving the proposed development. There is also a single vehicle crossover located along the northern side of 71 Potter Street’s eastern frontage which is proposed to be removed as part of the development. There is currently a 1.2 metre high weld mesh fence along the combined eastern street frontage. Private open space is currently provided at the rear of each of the existing dwellings.

Surrounding Area Land in the immediate locality is generally used for residential purposes, comprising various types of accommodation. The housing stock is characterised by single and double storey detached dwellings of brick or weatherboard construction comprising tiled hipped roofs, in addition to numerous multi unit developments, ranging in age and style. Car parking spaces are generally located to the side or rear of the dwellings with access to single dwelling sites generally via a single crossover, whilst access to multi unit sites is often provided via two (2) crossovers, most notably at 63 and 65-67 Potter Street. Front setbacks generally range between 7 and 9 metres. The setback of the dwelling abutting the north of the combined subject site at 1/73 Potter Street is 7.5 metres, whilst the setback of the dwelling abutting the south of the combined subject site at 1/65-67 Potter Street is 8.6 metres. The subject site is well serviced by existing infrastructure, including a milkbar at 32 Hemmings Street approximately 365 metres to the south-east, local shops at Hemmings Street strip approximately 370 metres to the south-west, a Bunnings approximately 420 metres to the north, the David Street strip approximately 450 metres to the north-east, and the Dandenong CAD approximately 530 metres to the south-east.



Page 9213

Locality Plan

Subject Site Melway Ref: 90 B5

The subject site is located in close proximity to a number of local bus services including the 800 (Dandenong to Chadstone) which runs directly past the subject site, and a number of routes which run along Hemmings Street approximately 370 metres to the south, including the 812 (Dandenong to Brighton), 813 (Dandenong to Waverley Gardens), 814 (Dandenong to Springvale South), 815 (Dandenong to Noble Park) and 848 (Dandenong to Brandon Park) bus routes. Public open space close to the subject site comprises of John Hemmings Memorial Park approximately 100 metres to the east. Educational facilities close to the site include Dandenong High School approximately 160 metres to the north-east and Dandenong West Primary School approximately 425 metres to the south-west. The Wintringham community aged care residences and facility, and the Wallara disability support facilities are located approximately 200 metres south of the site, on the eastern side of Potter Street. Please refer to the locality map below for the location of the subject site and its surroundings: N



Page 9214

Background

Previous Applications A search of Council Records indicates that the existing dwelling at 69 Potter Street was constructed in 1972 and the existing dwelling at 71 Potter Street was constructed in 1951. No previous planning applications have been considered for either site.

Proposal

The application proposes to develop this site for the purposes of constructing sixteen (16) new three-storey dwellings. The existing dwellings are to be removed as part of the development of the site. All sixteen (16) dwellings are to be accessed via a double crossover which would be centrally located along the eastern street frontage along Potter Street. The details are as follows: Proposed Dwelling 1 (2 Bedrooms – Triple Storey – 1 car space) The proposed dwelling would comprise of:

• An Entry Area, Dining Area, Kitchen and Bathroom at ground floor level;

• A Bedroom, Walk-In-Robe, Ensuite and Living Room at first floor level;

• A Bedroom, Ensuite and Leisure Room at second floor level;

• A single carspace within a double garage to the west of the dwelling;

• An area of secluded private open space at ground floor level located to the north of the dwelling and accessed from the Dining Room;

• A balcony at first floor level located to the north of the dwelling and accessed from Bedroom 1 and the Living Room and another balcony at first floor level located to the east of the dwelling and accessed from the Living Room; and

• Brick walls at ground level, rendered walls at first floor level, Hardies Sycon Cladding at second floor level which is also contained within an attic-style custom-orb colorbond roof.

Proposed Dwellings 2, 4 and 6 (2 Bedrooms each – Triple Storey – 1 car space each) The proposed dwellings would comprise of:




• A single carspace within a double garage to the east of the dwelling;




Page 9215

• A balcony at first floor level located to the north of the dwelling and accessed from Bedroom 1 and the Living Room; and


Proposed Dwellings 3 and 5 (2 Bedrooms each – Triple Storey – 1 car space each) The proposed dwellings would comprise of:






• A balcony at first floor level located to the north of the dwelling and accessed from Bedroom 1 and the Living Room; and


Proposed Dwelling 7 (2 Bedrooms – Triple Storey – 1 car space) The proposed dwelling would comprise of:






• A balcony at first floor level located to the north of the dwelling and accessed from Bedroom 1; and


Proposed Dwelling 8 (3 Bedrooms – Triple Storey – 2 car spaces) The proposed dwelling would comprise of:

• An Entry Area, a Bedroom, Dining Area, Kitchen, Laundrette and Powder Room at ground floor level;




Page 9216



• An open-air carspace to the south of the dwelling;


• A balcony at first floor level located to the north of the dwelling and accessed from Bedroom 1; and



• An Entry Area, Dining Area, Kitchen, Laundrette and Powder Room at ground floor level;

• A Bedroom, Walk-In-Robe, Ensuite, Living Room and Store Room at first floor level;



• An area of secluded private open space at ground floor level located to the south of the dwelling and accessed from the Dining Room;

• A balcony at first floor level located to the north of the dwelling and accessed from the Living Room; and




• A Bedroom, Ensuite and Living Room at first floor level;






Page 9217





• A Bedroom, Ensuite, Lobby and Living Room at first floor level;








• A Bedroom, Ensuite, Lobby and Living Room at first floor level;








Page 9218



• A Bedroom, Ensuite and Living Room at first floor level;








• A Bedroom, Walk-In-Robe, Ensuite, Lobby and Living Room at first floor level;




• A balcony at first floor level located to the east of the dwelling and accessed from the Living Room; and







Page 9219



Zone.


Zoning Controls The subject site is located in a Residential 2 Zone, as is the surrounding area. Clause 32.02 of the Scheme outlines the purpose of the Residential 2 Zone, which is:


• To encourage residential development at medium or higher densities to make optimum use of the facilities and services available.



Pursuant to Clause 32.02-4, a permit is required for the development of two (2) or more dwellings on a lot. The development must meet the requirements of Clause 55. The variations to the schedule to the Residential 2 Zone are as follows:

• Minimum street setback – As per A3 (Clause 54) and B6 (Clause 55) or 5 metres, whichever is lesser.

• Site coverage – up to a maximum of 70%.

• Front fence height – Maximum 1.5 metre height in streets in Road Zone Category 1, 1.2 metre maximum height for other street.

Overlay Controls No overlays affect the subject site or surrounding area.



Page 9220







(b), (c), (d) and (e). (g) To balance the present and future interests of all Victorians. In order to achieve those objectives, there are a number of more specific objectives contained within the State Planning Policy Framework that need to be considered under this application. The matter of Settlement is outlined at Clause 11. Metropolitan Melbourne is considered under Clause 11.04 with the following objective outlined at Clause 11.04-5 relating to Melbourne’s Urban Growth of particular relevance to this application: To set clear limits to Metropolitan Melbourne’s urban development. Clause 15 of the Scheme looks at Built Environment and Heritage, with the Urban Environment focused on under Clause 15.01. Relevant objectives of that Clause to be considered include:




Clause 15.02 – Sustainable Development is also of relevance to this application, with the following objective relating to Energy and Resource Efficiency at Clause 15.02-1 having to be considered: To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.



Page 9221

Housing, which is of particular relevance to this application, is considered under Clause 16 of the Scheme. Objectives relating to residential development outlined at Clause 16.01 to be considered include:






With Infrastructure considered at Clause 19, Clause 19.03 the broad objectives relating Development Infrastructure should be considered. Those objectives include:




• In 2006 Greater Dandenong was home to over 130,000 people within an area of 129.6 square kilometres (Clause 21.02-1).







Page 9222




Greater Dandenong’s vision is outlined at Clause 21.03. Amongst others, the vision is that Greater Dandenong will be a municipality where central Dandenong functions as the sustainable economic heart of the City where a range of high quality affordable high to medium density housing exists in harmony with a thriving retail and commercial sector and where sustainable modes of transport are highly accessible, and where housing diversity and choice is promoted in its various attractive neighbourhoods. The objectives and strategies of the MSS are under four (4) main themes including: land use; built form; open space and natural environment; and, infrastructure and transportation (considered individually under Clauses 21.04 to 21.07). Of particular relevance to this application are Clauses 21.04 – Land Use, 21.05 – Built Form and 21.07 – Infrastructure and Transportation. Under Clause 21.04 – Land Use the matter of housing and community, amongst others, is covered. It is noted within Clause 21.04-1 relating to the matter of housing and community, that Greater Dandenong is forecast to be home to some 16,700 new households by 2031, representing a 36 percent increase on the number of households when compared with numbers in 2001. Of those new households 3,700 are forecast to be within ‘green field’ locations, and the balance within strategic redevelopment sites and within residential areas. Relevant objectives and strategies of that Clause include: 1. To encourage and facilitate a wide range of housing types and styles which increase

diversity and cater for the changing needs of households. 1.1 Encourage a mix of housing types that better reflects the cross section of the

community in Greater Dandenong. 1.2 Promote subdivision that provides for a range of lot sizes to cater for the diversity of

the community of Greater Dandenong. 1.3 Encourage the provision of housing that is adaptable to support the needs of the

changing needs of present and future residents. 1.5 Encourage innovative redevelopment and renewal of deteriorating housing stock and

older styled higher-density apartments and multi-unit developments. 2. To respect and improve residential environments.

2.1 Encourage developments to exceed minimum compliance with the requirements of Clauses 54, 55 and 56, where appropriate and identified.

2.2 Encourage new development that incorporates adequate space for the planting and the long term viability and safe retention of canopy trees.



Page 9223

3. To accommodate an increase in resident population of 15000 in central Dandenong and its periphery by the year 2015. 3.1 Strongly encourage medium density housing of up to 4 levels within the residential

periphery to Central Dandenong as illustrated in Clause 22.09-3. 3.2 Encourage only higher density housing within Central Dandenong. 4. To optimise residential consolidation around activity centres/transport nodes, and more

efficient use of existing urban infrastructure. 4.1 Actively encourage medium and higher density housing in strategic locations and in

areas nominated for substantial change. 4.2 Develop appropriate planning guidelines (including overlay controls) for the


4.3 Encourage and promote increased densities in the Residential 2 Zoned areas, particularly those in proximity to the Major Activity Centres of Springvale and Noble Park.

4.6 Ensuring new development takes into full account the neighbourhood character design guidelines for each type of building and that such new development positively contributes to be preferred future neighbourhood character of each particular residential area.

4.7 Actively encouraging well designed, medium and higher density housing in strategic locations and in areas nominated for substantial change.









environment. 2.4 Encourage developments to provide for canopy trees. 2.5 Recognising valued existing neighbourhood character and promoting desired future

character as defined in the Residential Development and Neighbourhood Character Policy at Clause 22.09.



Page 9224

3. To improve the quality, consistency and function of the city’s environment. 3.3 Apply the Residential Development and Neighbourhood Character Policy at Clause

22.09. 6. To ensure that design of the public and private environment supports accessibility and








require on going management controls. Under Clause 21.07 – Infrastructure and Transportation matters of physical, community and cultural infrastructure and public transport, amongst others, are covered. Relevant objectives and strategies of Clause 21.07-1 relating to the matter of physical, community and cultural infrastructure include: 2. To manage the impact of discharge of stormwater to minimise pollution and flooding. 2.1 Promote water sensitive urban design principles. 2.2 Require Environmental Management Plans for large developments. 3. To minimise damage to physical infrastructure (including trees) from development.





2. To integrate transport and land use. 2.3 Encourage higher density and mixed use development (including rezoning if

necessary) within 400m of transport nodes.



Page 9225

Relevant objectives and strategies of Clause 21.07-3 relating to the matter of walking and cycling include: 1. To promote and facilitate walking and cycling. Ensure walking and cycling are important design elements in all land use and

development decisions. 1.1 Require developers to undertake an assessment of the extent, contents and quality of

the ‘walkable catchment’ for major development proposals. 1.4 Discourage vehicle cross-overs where they have a significant impact on pedestrian

movements. Clause 22.09 – Residential Development & Neighbourhood Character Policy – affects all residential development requiring a planning permit in a Residential 1, 2 and 3 Zone (this policy does not apply to land included in the Logis Site under Amendment C90, Keysborough South Stages 1, 2 and 3 of the Keys and Crystal Waters Estates under Amendment C36 and any other land located within a major or principal activity centre such as the Dandenong CAD, Springvale, Parkmore and Noble Park), as defined in the City of Greater Dandenong Neighbourhood Character Study (September 2007). Clause 22.09-2 contains the following objectives:











Page 9226

Within the City of Greater Dandenong Neighbourhood Character Study (September 2007) which is listed as a Reference Document under Clause 21.08, the subject site is identified as being located within Existing Character Area 8. The Study describes the existing Character Area 8 a being located directly adjacent to the Dandenong Town Centre, extending west in a corridor between Princes Highway and the railway. Predominantly developed in the 1950’s-1960’s, it has accommodated a significant level of redevelopment in the streets immediately adjacent to the town centre. Mixed with remnant original single dwellings, is a high proportion of villa units, traditional walk up flats, apartment blocks and medium density developments, which broadly reflect the Residential 2 zoning in that location. The overall built form of this area is dominant and landscaping in the public and private realm is limited. Clause 22.09 divides the residential zoned land within the municipality into three character areas and articulates what degree of change is appropriate in each area by reference to design guidelines. The three character areas are:

• Substantial Change Area;

• Incremental Change Area; and

• Limited Change Area. The Substantial Change Area aligns with the Residential 2 Zone, the Incremental Change Area aligns with the Residential 1 Zone and the Limited Change area aligns with the Residential 3 Zone. Consistent with its Residential 2 zoning, the subject site is located within a Substantial Change Area. Clause 22.09-3.1 outlines the policy framework for Substantial Change Areas as follows: Location - Substantial change areas are generally located close to principal and major activity centres and major transport corridors that have been identified as suitable to undergo a relatively high level of change. They include areas:

• to the north, south, east and west of Dandenong Activity Centre;

• to the south of Noble Park Activity Centre;

• surrounding Springvale Activity Centre; and

Existing character – These areas were originally developed from the 1940’s onwards and largely consisted of single storey detached houses. The existing character of substantial change areas now includes a wide range of housing types, including relatively high proportions of medium density housing compared to other parts of the municipality. Around the Dandenong Activity Centre in particular, there has been considerable infill development comprising one and two storey detached and semi-detached forms of housing, and two and three storey walk-up apartments. Areas around Noble Park and Springvale have also accommodated a comparatively high degree of change, however these areas contain relatively fewer walk-up apartments than the area around Dandenong. Building height in these areas rarely exceeds two storeys.



Page 9227

The Residential Two Zone (R2Z) surrounding the central Dandenong Activities Centre supports the objectives of the Revitalising Central Dandenong Initiative by facilitating higher density residential development within walking distance of the centre. Residential Development of up to four storeys within the Residential Periphery boundary as shown on Map 1: Future Character Areas is strongly supported. The Residential Periphery Boundary can generally be described as being approximately 400 metres beyond Central Dandenong. Future character - The future character of substantial change areas will evolve over time to contain a greater proportion of well designed and site responsive two and three storey medium density residential development. Appropriately articulated building elevations and well proportioned ground level setbacks are provided at the front, side and rear of buildings to allow for substantial landscaping to soften the built form. Consolidation of allotments to increase development potential is encouraged. Within the Periphery the built form will be less intensive than that in Central Dandenong and building heights lower. A limited amount of street front retailing could be accommodated where this contributes directly to the amenity and convenience of the surrounding local population. This could take the form of small-scale local convenience stores. Medium density residential, apartment and multi-unit type developments accommodating a population of 8000 by the year 2015 is envisaged for the Periphery area. The reasonable amenity of adjoining dwellings will be preserved by responsive site design that ensures an appropriate ground level setback of two and three storey buildings from sensitive outdoor living areas, and from the main outlook from living rooms on adjoining properties, to enable screen planting. Sufficient space will be provided at ground level at the front of sites, and along side and rear boundaries adjacent to sensitive outdoor living areas on adjoining properties, to provide for landscaping and canopy trees to soften the appearance of the built form when viewed from the street and from adjoining sensitive outdoor living areas, and to provide a landscape character throughout. Car access, parking and paving within the front setback will be limited in order to maximise the opportunity for soft landscaping. The Design Guidelines for Substantial Change Areas are:






Page 9228






• Car parking – For more intensive developments comprising dwellings without a ground level component - basement or in building car parking to maximise the opportunity for soft landscaping at ground level. For developments comprising dwellings with a ground level component - garages and parking areas located behind buildings, generally hidden from view;








Under this Clause, the objectives must be met, and the standards should be met as a means of meeting the objectives. General Provisions Clause 65 – Decision Guidelines needs to be considered, as is the case with all applications. For this application the requirements of Clause 65.01 for the approval of an application or plan is of relevance. This Clause outlines the requirements that the responsible authority must consider when determining the application.



Page 9229

Other Council Documents Council has some documents, which whilst not included in the Planning Scheme should be considered in the assessment of the application for the purpose of being used for guidance. This includes Council’s ‘Multi-Unit Developments Waste Collection Guidelines for Developers’ (December 2004). Those Guidelines aim to provide developers with guidance on waste collection and management requirements when designing multi-dwelling developments with the municipality. Council’s general waste collection for residential properties typically comprises: • A weekly collection of household garbage using an 80 or 140 litre mobile bin;










Community Safety






Page 9230

Referrals


Internal The application was internally referred to the following for their consideration: - Planning Officer response in italics Council Referrals Advice/Response/Conditions Project Delivery • Standard Traffic and Drainage Conditions. These

can be included as conditions of permit, if granted.

• Advised that the crossing is to be constructed as a double crossing with a minimum 5.5 width at the property boundary as per Council’s standard drawings issued under the vehicle crossing permit. Standard drawing for residential crossings on busy roads may be used. The plans were subsequently revised to show a 5.5 metre wide double crossover at the property frontage.

• Advised that prior to the endorsement of the plans, the applicant/owner must provide supporting information for waste collection services. A Waste Management Plan can be required as a condition of permit, if granted.

• Advised that the subject site is subject to flooding from the north-east towards the south-west. They provided minimum finished floor levels for each dwelling and garage. The plans were subsequently revised to meet the minimum finished floor levels specified by Council’s Drainage Engineers.

• Advised that building over the easement will not be supported in this location. Dwellings 8 and 9 will need to have their rear setbacks increased as a condition of permit, if granted.

• Advised that there should be no net loss of car parking on the street due to the proposal. Both 69 and 71 Potter Street are currently each serviced by a 3.0 metre wide crossover. The crossover to 71 Potter Street would be removed under this application, with the crossover to 69 Potter Street to be retained and enlarged to a width of 5.5 metres. As such, there would be no net loss of car parking on the street due to the proposal.



Page 9231

Advertising

Whilst advertising of this application was not required to be undertaken pursuant to Clause 32.02-4 of the Greater Dandenong Planning Scheme, in accordance with Council Policy notification of the application was undertaken by way of letters sent to the owners and occupiers of surrounding land. This allowed people to put in submissions if there were any concerns relating to the proposal. Five (5) submissions from three (3) properties were received to the application. The location of the submitters is shown in Attachment 1.

Consultation

A consultative meeting was scheduled to be held on 28/09/2011, however the submitters did not attend. As such, there was no resolution and the submissions stand as received.

Summary of Grounds of Submissions/Objections

The objections are summarised below (bold), followed by the Town Planner’s Response (in italics). 1. Loss of privacy/overlooking

The submitters are concerned that their secluded private open spaces and habitable room windows will be affected by overlooking from the proposed development and that they will lose their privacy.

The proposal has appropriately addressed external overlooking concerns in accordance with the requirements of Standard B22 (Overlooking) of Clause 55 through a variety of methods including obscure glazed windows,windows with fixed external screens up to 1.7 metres above finished floor level with a maximum transparency of 25% and balconies which are screened to 1.7 metres.

2. Loss of views/Visual Amenity

The submitters are concerned that the proposed development is an ‘eyesore’ which would block their view of the skyline, making them feel claustrophobic and ‘blocked in’. It is noted that there are easements at the rear of 69 and 71 Potter Street and Council’s Engineers have advised that building over the easement will not be supported in this location. This provides the opportunity the increase the rear setback of Dwellings 8 and 9 at ground and first floor levels to a minimum of 2.44 metres, which will decrease the visual amenity impacts and perceived bulk of the proposed development when viewed from the adjoining properties to the west.

3. Property devaluation

VCAT have determined on numerous occasions that property devaluation is not a matter which can be substantiated as a ground on which to refuse a planning permit application.



Page 9232

4. Overshadowing The submitters are concerned that their secluded private open space areas will be overshadowed by the proposed development. The proposal has adequately addressed overshadowing concerns in accordance with the requirements of Standard B21 of Clause 55. Most of the shadows cast by the development will be over the subject land or within existing shadow lines cast by existing structures including boundary fences. Where there are adjoining properties which may be affected by overshadowing, it is noted that a minimum of 75% of the private open space area of these properties receive at least 5 hours of sunlight between the nominated times on the nominated day.

5. Density

The submitters are concerned that the proposed development constitutes an overdevelopment of the subject site. It is noted that the subject site is located in a Substantial Change Area pursuant to Clause 22.09-3.1.

The study recognises more intense forms of medium density housing development, which is consistent with the proposal in its current form.

It is considered that the proposal for sixteen (16) new three-storey dwellings across the site is respectful of the preferred future character of the area, which envisages three-storey built forms.

6. Height

The submitters are concerned that the three-storey nature of the proposed development is too high for the subject site. It is noted that the maximum building height proposed is approximately 9.5 metres which is within the maximum height allowance of 10 metres under Standard B7 of Clause 55.

7. Noise

The submitters are concerned that the increase from two (2) dwellings to sixteen (16) dwellings on the subject site will result in an increase in noise. It is considered that any noise created as a result of this proposal can be directly attributed to typical residential noises associated with typical residential land use. It is not anticipated that the proposal will result in increased noise levels internally or externally.

Assessment

Use The use of the site for the purpose of dwellings is consistent with the surrounding uses and provisions of the Greater Dandenong Planning Scheme, with a planning permit not required for this use pursuant to Clause 32.02-1. A permit is required to construct or extend two or more dwellings on a lot, pursuant to Clause 32.02-4.



Page 9233

Development As noted above, the State and Local Planning Policy Framework encourages higher densities and a range of dwelling types where advantage of well established physical and social infrastructure can be taken. The proposed development is located within close proximity to a range of existing infrastructure and services, including shops and public transport nodes and would add to the housing diversity of the area, catering for the changing community profile.

Clause 22.09 – Residential Development and Neighbourhood Character Policy Pursuant to Clause 22.09-3.1, an assessment against the Design Guidelines for Substantial Change Areas is provided as follows:


It is considered that the proposed development constitutes a more intense form of medium density infill which is more appropriate to the substantial change area that the subject site is located in, as opposed to an incremental or limited change area.


The subject site is located outside of, but abutting the Dandenong residential periphery area and has a maximum height of three storeys, which is considered reasonable in this context. As the proposal is to be constructed on two (2) consolidated sites, it has been possible to provide substantial setbacks from the side boundaries, thus providing an opportunity for substantial landscaping screening to be provided, thus reducing the visual impacts of the proposal from adjoining neighbours.


The building height and bulk of the proposed development is relatively uniform throughout the depth of the subject site. The development is appropriately articulated, with well proportioned ground level setbacks, at the front, sides and rear, which will allow for substantial landscaping to soften the built form. A tiered approach has been avoided at the upper levels. There is minimal separation between dwellings on the first level of the proposed development, however there is separation between dwellings at the second floor of the proposed development, which displays a reasonable standard of design, and does not result in unreasonable amenity impacts.



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The site coverage of the proposal is approximately 47.27% which is under the maximum of 70% allowed under Clause 22.09-3.1, the schedule to Clause 32.02, and Clause 55.03-3 (Standard B8).


24.43% of the site area will remain permeable enabling lawn, porous paving and landscaping to be achieved, which is greater than the minimum of 20% required under Clause 22.09-3.1 and Clause 55.03-4 (Standard B9).


The minimum front setback proposed is 5.0 metres, which is consistent with the minimum 5.0 metres required under Clause 22.09-3.1, the schedule to Clause 32.02, and Clause 55.03-1 (Standard B6) and as such is considered reasonable.


Pursuant to Standard B17 of Clause 55 the setbacks of the proposed development meet the requirements of this Standard for all walls not built to the boundary.


Each dwelling is provided with adequate areas of usable private open space, in excess of the minimum requirements of this standard. Each dwelling’s ground floor private open space area has a minimum dimension of 3.0 metres and each one is accessed from the Dining Room. The overall respective areas are as follows: Dwelling/s Open Space Provision 1 A front yard of 53.5m², plus 21.9m² of secluded private open space at

ground floor level, a north-facing 5.4m² balcony at first floor level and an east-facing 2.21m² balcony at first floor level. Total open space provision for this dwelling is 83.01m².

2, 3, 4, 5 & 6

21.9m² of secluded private open space at ground floor level and a 5.4m² balcony at first floor level. Total private open space provision for each of these dwellings is 27.3m².

7 20.05m² of secluded private open space at ground floor level and a 3.51m² balcony at first floor level. Total private open space provision for this dwelling is 23.56m².



10 19.58m² of secluded private open space at ground floor level and an 8.1m² balcony at first floor level. Total private open space provision for this dwelling is 27.68m².



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11, 12, 13, 14 & 15

21.6m² of secluded private open space at ground floor level and an 8.1m² balcony at first floor level. Total private open space provision for each of these dwellings is 29.7m².

16 A front yard of 62.87m², plus 21.6m² of secluded private open space at ground floor level and a 2.21m² balcony at first floor level. Total open space provision for this dwelling is 86.68m².

• Car parking – For more intensive developments comprising dwellings without a

ground level component - basement or in building car parking to maximise the opportunity for soft landscaping at ground level. For developments comprising dwellings with a ground level component - garages and parking areas located behind buildings, generally hidden from view;

The proposed development comprises of sixteen (16) dwellings with ground level components. Garages and parking areas are located behind buildings, and are generally hidden from view.


At least 70% of the ground level front setback can be planted with substantial landscaping and canopy trees and shown on the landscaping plan as such as a condition of permit, if granted.


The existing 1.2 metre high weld mesh front fence is proposed to be retained as part of this application. Only one (1) crossover is proposed under this application.

Clause 55 Assessment An assessment of the proposal against the requirements of Clause 55 is attached to this report. The assessment of the application against this Clause found the proposed development meets the overall objectives of the Clause, or can do so through conditions of any permit granted, meeting the objectives as a whole. The use of the land for medium density housing is appropriate, and the proposal in its current form is considered to be suitable for the subject site given its proximity to existing infrastructure and public transport nodes. The proposed development can be accommodated on the land with minimal impact on the amenity of abutting properties due to substantial setbacks provided from abutting properties to the north and south, which provide opportunities for landscape screening to be provided.



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The siting of the proposed dwellings ensures a satisfactory level of amenity for future residents on the site. The existing character of the area is typified by a variety of built forms from single and double storey detached dwellings of brick or weatherboard construction comprising tiled hipped roofs, in addition to numerous multi unit developments, ranging in age and style. It is considered that the proposal for sixteen (16) three storey dwellings across the site is consistent with the preferred future character of the area. A full Clause 55 Assessment is included as Attachment 3.

Environmentally Sensitive Guidelines Given that this application is for 10 or more dwellings, it is recommended that the applicant be required to prepare an Environmentally Sustainable Development Management Plan. A Sustainable Tools for Environmental Performance (STEPS) Assessment can be provided as a condition of permit, if granted.

Waste Collection The collection of waste for each dwelling is available from Wilma Avenue for general Council collection with regard given to the ‘Multi-Unit Developments Waste Collection Guidelines for Developers’ and the required space. A Waste Management Plan can be required as a condition of permit, if granted.

Vegetation & Tree Impact (Site & Surrounds) There are no trees or vegetation on adjoining or surrounding properties which would be affected by the proposed development. A detailed landscape plan has not been submitted with the application. A landscape plan can be required as a condition of permit, if granted, and would include advanced planting of shrubs across the site, the provision of one (1) canopy tree with a minimum planting height of 1.5m in the secluded private open space area of each dwelling (but not in any easements), and two (2) canopy trees with a minimum planting height of 1.5m in the front setbacks of Dwellings 1 and 16.

Conclusion

The application has been assessed against the requirements and stated objectives of the Greater Dandenong Planning Scheme for this area and is considered to be satisfactory. The proposal is also considered to be consistent with Council’s strategic planning directions for this area. The proposal is consistent with the relevant planning controls and policies contained within the Greater Dandenong Planning Scheme and a Permit should be issued in line with the recommendation of this report.



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Recommendation That Council resolves to Grant a planning permit in respect of the land known and described as No. 69 & 71 Potter Street, Dandenong, for the purpose of constructing sixteen (16) new triple storey dwellings, in accordance with the plans submitted with the application subject to the following conditions: 1. Before the development starts, two (2) copies of amended plans drawn to scale




modified to show:


height of 1.5 metres within the front setbacks of Dwellings 1 and 16.

1.1.3 The provision of one (1) canopy tree with a minimum planting height of 1.5 metres in the secluded private open space area of each dwelling (but not in any easements).

1.2. The ground floor Bathrooms of Dwellings 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13,

14, 15 and 16 to be renamed Laundry/Powder Room on the Ground Floor Plan.

1.3. The first floor Toilets of Dwellings 1, 2, 3, 4, 5, 6, 7, 8, 9 and 16 to be renamed to Ensuites on the First Floor Plan.

1.4. The unnamed Bathrooms of Dwellings 10, 11, 12, 13, 14 and 15 to be noted as Bathrooms on the First Floor Plan.

1.5. The second floor Toilets of all sixteen (16) dwellings to be noted as Ensuites on the Second Floor Plan.

1.6. The provision of a gate between the south-west corner of Dwelling 8’s Bedroom 3 and the western boundary fence on the Ground Floor Plan.

1.7. Dwelling 8’s east-facing Bedroom 3 window to be provided with a 1.0 metre wide landscape buffer along its eastern side on the Ground Floor Plan and Landscape Plan, with the window to have a minimum sill height of 1.4 metres on the respective elevation.

1.8. The ground floor rear setbacks of Dwellings 8 and 9 to be increased so that they are clear of the easement on the Ground Floor Plan and the respective elevations.

2. Prior to the endorsement of the permit under Condition 1, a report detailing the

environmental performance of the proposal utilising the Sustainable Tools for Environmental Performance (STEPS) must be submitted for approval.



Page 9238

Any alterations to the plans arising from the recommendations of the STEPS report must be incorporated in the final design and noted on the plans to be submitted for approval under Condition 1 above. Once approved, the report will be endorsed and form part of this Permit.

3. The development as shown on the endorsed plans must not be altered without







pavement areas, all to the satisfaction of the Responsible Authority.

8. Stormwater discharge is to be retained on site to the pre-development level of peak stormwater discharge. Approval of any retention system within the property boundary is required by the relevant building surveyor. Connection from the legal point of discharge to stormwater infrastructure is to be to the satisfaction of the Responsible Authority, prior to the issue of Building Approval.

9. Before the occupation of the dwellings hereby approved, the area(s) set-aside for







proposed driveway/s in accordance with Council’s standard specifications and any vehicle crossing/s no longer required must be removed and the land, footpath and kerb and channel reinstated, all to the satisfaction of the Responsible Authority.




Page 9239

13. All external lighting of the site, including carparking areas and dwellings, must be located, directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond the site.











land to the satisfaction of the Responsible Authority.


20. Prior to the commencement of any buildings and works allowed under this permit, the owner and/or developer must submit a detailed Waste Management Plan to the satisfaction of the Responsible Authority. The Waste Management Plan must include details on how the waste, storage and collection will be undertaken so it has minimal impact on the amenity and the environment. Details to be provided in the Waste Management Plan must include, but not be limited to:

20.1. That adequate storage space for waste bins has been provided on site. 20.2 That adequate provision has been made for access to recycling facilities. 20.3 Details of waste and recyclables collection frequency adequate for the

quantity generated by the proposed development.

The Waste Management Plan must be approved by the Responsible Authority prior to commencement of construction. Waste storage and collection must be carried out in accordance with the approved Waste Management Plan.



Page 9240






crossings prior to construction of the crossings.

A Building Approval is required prior to the commencement of the approved development.

Prior to the final design being completed, the applicant should consult with


MINUTE 1089 Moved by: Cr Paul Donovan Seconded by: Cr Angela Long That Council resolves to Grant a planning permit in respect of the land known and described as No. 69 & 71 Potter Street, Dandenong, for the purpose of constructing sixteen (16) new triple storey dwellings, in accordance with the plans submitted with the application subject to the following conditions: 2. Before the development starts, two (2) copies of amended plans drawn to scale




modified to show:


height of 1.5 metres within the front setbacks of Dwellings 1 and 16.

1.1.3 The provision of one (1) canopy tree with a minimum planting height of 1.5 metres in the secluded private open space area of each dwelling (but not in any easements).



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2.2. The ground floor Bathrooms of Dwellings 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 15 and 16 to be renamed Laundry/Powder Room on the Ground Floor Plan.

2.3. The first floor Toilets of Dwellings 1, 2, 3, 4, 5, 6, 7, 8, 9 and 16 to be renamed to Ensuites on the First Floor Plan.

2.4. The unnamed Bathrooms of Dwellings 10, 11, 12, 13, 14 and 15 to be noted as Bathrooms on the First Floor Plan.

2.5. The second floor Toilets of all sixteen (16) dwellings to be noted as Ensuites on the Second Floor Plan.

2.6. The provision of a gate between the south-west corner of Dwelling 8’s Bedroom 3 and the western boundary fence on the Ground Floor Plan.

2.7. Dwelling 8’s east-facing Bedroom 3 window to be provided with a 1.0 metre wide landscape buffer along its eastern side on the Ground Floor Plan and Landscape Plan, with the window to have a minimum sill height of 1.4 metres on the respective elevation.

2.8. The ground floor rear setbacks of Dwellings 8 and 9 to be increased so that they are clear of the easement on the Ground Floor Plan and the respective elevations.

2. Prior to the endorsement of the permit under Condition 1, a report detailing the

environmental performance of the proposal utilising the Sustainable Tools for Environmental Performance (STEPS) must be submitted for approval.

Any alterations to the plans arising from the recommendations of the STEPS report must be incorporated in the final design and noted on the plans to be submitted for approval under Condition 1 above. Once approved, the report will be endorsed and form part of this Permit.

3. The development as shown on the endorsed plans must not be altered without







pavement areas, all to the satisfaction of the Responsible Authority.

8. Stormwater discharge is to be retained on site to the pre-development level of peak stormwater discharge. Approval of any retention system within the property boundary is required by the relevant building surveyor. Connection from the legal point of discharge to stormwater infrastructure is to be to the satisfaction of the Responsible Authority, prior to the issue of Building Approval.



Page 9242

9. Before the occupation of the dwellings hereby approved, the area(s) set-aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:






proposed driveway/s in accordance with Council’s standard specifications and any vehicle crossing/s no longer required must be removed and the land, footpath and kerb and channel reinstated, all to the satisfaction of the Responsible Authority.


13. All external lighting of the site, including carparking areas and dwellings, must













Page 9243

18. All screens marked on the endorsed plan shall be maintained by the owner of the land to the satisfaction of the Responsible Authority.


20. Prior to the commencement of any buildings and works allowed under this permit, the owner and/or developer must submit a detailed Waste Management Plan to the satisfaction of the Responsible Authority. The Waste Management Plan must include details on how the waste, storage and collection will be undertaken so it has minimal impact on the amenity and the environment. Details to be provided in the Waste Management Plan must include, but not be limited to:

20.1. That adequate storage space for waste bins has been provided on site. 20.2 That adequate provision has been made for access to recycling facilities. 20.3 Details of waste and recyclables collection frequency adequate for the

quantity generated by the proposed development.

The Waste Management Plan must be approved by the Responsible Authority prior to commencement of construction. Waste storage and collection must be carried out in accordance with the approved Waste Management Plan.






crossings prior to construction of the crossings.

A Building Approval is required prior to the commencement of the approved development.

Prior to the final design being completed, the applicant should consult with


CARRIED



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Page 9245

6.5 FINANCE AND BUDGET

6.5.1 Loan Guarantee - Noble Park Football Social Club

Attachments: Deed of Agreement Deed of Variation of Lease


Report Summary

Council has received an application from the Noble Park Football and Social Club seeking Council assistance in providing a loan guarantee for proposed building extensions and renovations of the facility in Noble Park. The total value of works proposed is $2.5M, with the club looking to draw down loan funds of $650,000. As the facility is Council owned, a loan guarantee is required by the bank in order to secure this loan facility. Council has established a ‘Loan Guarantee Policy’ and this application has been assessed in accordance with that Policy.


This report recommends that Council approves the provision of a loan guarantee in favour of the Noble Park Football and Social Club and sign and seal the Deed, Deed of Variation of Lease and the bank guarantee document.


Loan Guarantee - Noble Park Football Social Club (Cont.)

Page 9246

Background

In order for Council to consider the provision of a loan guarantee there are a number of aspects contained within the loan guarantee policy that need to be met. They include the following components:

1. There is broad benefit provided by the proposed facility to the community of City of Greater Dandenong;

2. The amount of the guarantee must not exceed 50% of the proposed value of works;

3. As a principle, loan guarantees will not be provided to support the establishment or

enhancement of gaming facilities on Council land;

4. There is a demonstrated capacity to service loan repayments including an independent external review for guarantee requests in excess of $200,000;

5. Achieving and entering into agreements with the applicant in terms of the loan

guarantee documentation and for a separate agreement between Council and the applicant that in the event of a default occurring, the club forfeits any previous legal entitlements to access to the Council facility.

The project has been assessed as meeting each of the above criteria with the required loan funds representing 26% of the value of the project and the gaming component of the redevelopment representing only 14.7% of the overall project investment. Council’s Internal auditors have separately reviewed the 10 year financial plan submitted by the Club and have endorsed the capacity of the Club to meet the repayments of the proposed loan. Maddocks have further prepared a Deed of Agreement and a Deed of Variation of Lease that provides a number of protections for Council including the ability to terminate the existing lease between Council and Club for the entire facility should the Club default on future loan payments and the bank draws on the guarantee provided. Given the significant investment proposed by the Club in what is essentially a Council and community facility, the loan guarantee is recommended for support.

Proposal

That Council endorse the provision of the loan guarantee and sign and seal the associated documentation.

Council Plan 2009-2013 Strategic Objectives, Strategies and Plans

A City Planned for the Future

PLACES & BUILDINGS

4. Develop and maintain high standard accessible community facilities, and anticipate where these will be needed in the future.



Page 9247

The strategies and plans that contribute to these outcomes are as follows:

• Leisure Strategy

• Master plans for parks and reserves

• Sports Facility Plan


• Guarantee of Community Loans - Policy


A loan guarantee has no direct financial implications on Council. It is a contingent liability that does not impact on loan ratios or liquidity. The main financial consideration is the prudent management of financial risk which has been addressed in the above considerations.

Consultation

Council has been previously briefed on this issue and extensive discussions have been undertaken between Council staff members and the Noble Park Football Social Club.

Conclusion

The Noble Park Football and Social Club is proposing to invest $2.5M in what is essentially a Council and community owned asset. In order to complete these works they require to borrow $650,000 and given the asset resides on Council property, a Council loan guarantee is required by the Bank. Given that the Club has been independently audited as having the financial capacity to meet loan repayments and the Deed agreements offer Council an effective safeguard of being able to terminate the Clubs existing 26 year lease of the facility in the event the guarantee is called upon, it is recommended that the loan guarantee be endorsed by Council.

Recommendation That Council:

1. endorses the provision of a loan guarantee for the amount of $650,000 for the Noble Park Football Social Club Ltd; and

2. signs and seals the Deed, Deed of Variation of Lease and the loan guarantee document from the Bendigo Bank.



Page 9248

Cr Kelly disclosed a Conflict of Interest (indirect due to close association) in this item, as his son is a contracted player for the Noble Park Football Club. Cr Kelly left the Chamber at 7.38pm prior to discussion and voting on this item. MINUTE 1090 Moved by: Cr Peter Brown Seconded by: Cr Pinar Yesil That Council:

1. endorses the provision of a loan guarantee for the amount of $650,000 for the Noble Park Football Social Club Ltd; and

2. signs and seals the Deed, Deed of Variation of Lease and the loan guarantee document from the Bendigo Bank.

CARRIED Cr Kelly returned to Chamber at 7.39pm.



Page 9249





Page 9250

6.5.2 Organisational Performance Quarterly Report - October to December 2011

Attachments: Organisational Performance Report Financial Report Councillors Donation Fund Report


Report Summary

This report details Council’s progress for the months of October, November and December 2011 against performance targets outlined in the 2011-2012 Annual Plan and Annual Budget and the 2009-2013 Council Plan. The report also provides a quarterly update on the Councillor Donations Fund. The report details a range of highlights for the quarter on the achievements against Council’s performance targets in the provision of all services. The attached financial report covers the financial transactions and financial position for the period ending 31 December 2011. The results for the period are compared against the mid year budget, and significant variances are explained in the report.


This report recommends that Council accepts the achievements against the Council and Annual Plan Indicators, Annual Budget and Councillor Donations Fund for the period ending 31 December 2011.


Organisational Performance Quarterly Report - October to December 2011 (Cont.)

Page 9251

Introduction

This report provides a summary of achievements against:

• Attachment 1 - Quarterly report on performance targets for indicators and activities in the 2009-2013 Council Plan and the 2011-2012 Annual Plan

• Attachment 2 – Financial Report October - December 2011

• Attachment 3 – List of Councillor Donations Fund October - December 2011

Background

Part 1. Revised Council Plan 2009-2013, Annual Plan & Annual Budget 2011-2012 Council adopted the revised Council Plan 2009-2013 and the Annual Budget 2011-2012 (inclusive of Annual Plan indicators) on Monday 27 June 2011. The Council Plan 2009-2013 has been developed to guide the current Council over the four years of its term in office. This document describes the Council’s goals and objectives for 2009-2013, and will guide service delivery, innovation and good governance over this time. Council represents the interests of the community, and provides a range of services which aim to maintain and improve the quality of life in the City of Greater Dandenong. The plan is based on what Council understands to be most important to people’s lives, their hopes and aspirations, and what kind of city they want in the years ahead. The Council Plan guides our budgets, service delivery priorities and the continuous improvement of our services. The revised 2009-2013 Council Plan contains the following focus areas:

• A City Planned for the Future

• A Thriving and Creative City

• A Healthy Community and Environment

• A City of Respect

• A Leading Council

These five strategic objectives have been used as the building blocks for the 2011-2012 Annual Plan and form the basis of all actions undertaken in 2011-2012. The resources required to finance these actions are contained in the Annual Budget. The Annual Budget 2011-2012 provides details on Council’s financial position, financial management for the year, and incorporates the Annual Plan.



Page 9252

Key features of Council’s approach to achieve the outcomes in the Council Plan include:

• A four-year financial plan including projections of income, expenditure and proposed capital works;

• A commitment to deliver quality services to our community with a focus on customer satisfaction and staff development;

• Best practice risk assessment, planning and management procedures which ensure business continuity and minimal exposure to social and economic risks; and

• A commitment to strengthening our community through creating opportunities for engagement, involvement in decision making processes and enhancing community pride.

Progress against the targets set in the Annual Plan and Budget is reported on a quarterly basis. Achievements against the Annual Plan strategic indicators are subject to audit by the Auditor-General’s Office as part of the annual audit process. These are highlighted in the Budget document. Council publishes its Budget and Annual Plan and makes them available to residents through the Customer Service Centres, libraries and on Council’s website at www.greaterdandenong.com. The Annual Plan quarterly report for October, November and December 2011 is detailed in Attachment 1: Organisational Quarterly Performance Report. Highlights of the quarterly report include:- 1. A City Planned for the Future

• 'NPAC water for all' has been approved as the name and position statement for the Noble Park Aquatic Centre. Work is on target to open to the community in February 2012, and officially launch on 8 March 2012.

• Development Agreement finalised and endorsed by Council for the new Municipal Building Project. Agreement signed by Places Victoria in line with the Memorandum of Understanding and the Heads of Agreement previously endorsed. Design Team has completed Concept & Schematic design phases and submitted an application for Town Planning with Department of Planning and Community Development. Funding Applications submitted for Regional Development Australia, Rainwater Harvesting & Reuse and Living Cities Funds. Membership to the Green Building Council of Australia and application submitted for project to receive 5 star Greenstar accreditation.



Page 9253

2. A Thriving and Creative City • Residential, commercial and industrial building investments measured by value of

building permits included 318 residential permits at a total of $50,779,710 and 148 commercial / industrial permits equalling $55,043,424.

• The Revitalising Central Dandenong Residential Attraction Strategy approved 334 residential dwellings in the declared project area throughout the October to December 2011 period.

3. A Healthy Community and Environment

• The number of passengers accessing specialised transport this quarter totalled 5,001 people. Current year to date is 10,960 passengers.

• 736 inspections were conducted to monitor compliance of Food Businesses operating in the municipality.

• 4,368 immunisation services were provided to the community.

• 79 street trees were planted across the city. Current year to date: 1,637 trees. 4. A City of Respect

• The number of visits in person or via the web to Greater Dandenong’s two libraries totalled 234,571 during this quarter. Additionally, 1,586 people used the Library Outreach Programs and Services.

• Volunteers who played a valuable role within our community averaged 215 each month with a total of 4505.75 hours donated.

• 89 families received Maternal and Child Health Enhanced Services.

• 410 checks on 3.5 year olds were undertaken within the Maternal and Child Health Enhanced Services.

5. A Leading Council

• External bookings of our Council facilities totalled 786 where 71,259 guests attended.

• One Citizenship Ceremony was held in the city for 191 candidates to obtain citizenship.

• Total number of calls taken by Customer Service Centres and the Call Centre was 31,023, and the Grade of Service Result was 82.86%.



Page 9254

Part 2. Financial Report for the Quarter Ended 31 December 2011 Attachment 2: Financial Report for the period ended 31 December 2011 Introduction The attached financial report is designed to inform Councillors of the results of operations for the period ended 31 December 2011 including financial performance against the mid year budget adopted by Council on 12 December 2011. The financial report incorporates a set of Financial Statements and a Directorate Analysis of financial performance by Business Unit. The following are contained in the Attachment:

• Income Statement

• Balance Sheet

• Cash Flow Statement

• Capital Expenditure Statement

• Capital Expenditure report

• Investment Report

• Debtors report

• Directorate Analysis

Whilst the Financial Statements are prepared in accordance with accounting standards, they contain several items which are “non-cash” in nature such as depreciation on assets and the written down (book) value of assets sold. They also exclude capital expenditure, new borrowings and loan repayments and as such, these Statements do not provide an accurate indication of the surplus/deficit cash position within a financial year. The table on the following page provides a management accounting summary of the financial performance for the second quarter of the 2011/12 financial year which removes non-cash items and adds back cash items that are excluded from the financial statements.



Page 9255

Management Accounting Summary

YTD YTD VARIANCE MID YEARACTUAL BUDGET Fav (Unfav) BUDGET

Description $'000 $'000 $'000 $'000

Income StatementIncome 69,582 69,393 189 142,044 Expenditure 65,387 67,947 2,560 142,750

Surplus (deficit) - ongoing operations 4,195 1,446 2,749 (706)

Plus capital income 12,732 3,864 8,868 44,011

Net operating surplus (deficit) 16,927 5,310 11,617 43,305

Management Accounting reconciliationAdd back non cash items:Depreciation 11,995 11,995 - 24,000 Contributions non monetary assets (3,809) - (3,809) (14,717) Written down value of assets sold / scrapped 225 195 30 1,610

Sub total 8,411 12,190 (3,779) 10,893

Less non operating cash itemsCapital expenditure 26,481 7,127 (19,354) 82,796 Transfers to (from) reserves (3,523) (235) 3,288 (4,887) Loan repayments 1,368 1,424 56 2,928 Loan proceeds - - - (15,200)

Sub total 24,326 8,316 (16,010) 65,637

Cash surplus (deficit) for year 1,012 9,184 (8,172) (11,439)

Accumulated surplus brought forwardCapital carry overs 10,740 Operating carry overs 699 Unallocated surplus

Forecast position surplus (deficit) 1,012 9,184 (8,172) -

Full Year



Page 9256

Results for the period ended 31 December 2011

Mid Year Review The year to date budget referred to in this report reflects the mid year budget adopted by Council on 12 December 2011. Whilst the above table highlights a year to date of deficit of $8.172M, this is mainly due to the current budget profiling of the capital works program. Variances identified against budget during the mid year review will be corrected in the next period’s results. The operating result for the second quarter is positive with a surplus of $11.617M above budget. This favourable result is due to the early receipt of capital grants and contributions, under expenditure in salaries, professional services, grants and sponsorships, loan interest and administration costs. Some of the significant variances are: Income Operating income for the period ended 31 December 2011 is lower than budget primarily due to the following: Grant income ($84K) – Lower than budget primarily due to the delay in receipt of grant funding relating to the following:

• Inclusion support program ($406K);

• Male adolescent risk project ($45K);

• Early childhood development pilot project ($28K);

• Family Day Care ($124K) – unfavourable variance due to changes in government grants funding allocation which will correct over the coming months.

The above is partly offset by unbudgeted grant funding relating to Family Support and Counselling services of ($77K) and grants received earlier than anticipated in Community Care ($311K). Hire of facilities ($77K) – Unfavourable variance primarily due to lower venue bookings at the Drum Theatre than anticipated ($53K) and lower than budgeted rental income associated with Heritage Hill. Other income ($172K) – Unfavourable variance in other income relating to the Drum Theatre ($104K) coupled with lower than anticipated parking management recoveries to date ($82K). Expenditure Expenditure year to date is favourable. The major variances contributing to this result are salaries, contract services, occupancy costs, grants & sponsorships, administration costs and finance costs.



Page 9257

Salaries and related costs ($1.463M) – This favourable variance is a result of staff recruitment occurring later than planned in the Corporate Services and Engineering Services directorates and a delay in commencement of programs in Community Services. Contract payments, materials ($266K) – Wet weather conditions earlier in the year have contributed to delay in programs commencing including mowing, tree and playground maintenance (Parks Services $214K) and footpath stain removal (cleansing $403K). This favourable variance is partly offset by increased expenditure at the Dandenong Produce Market ($446K) which has been reflected in the mid year budget and will correct in January. Occupancy costs ($214K) – Electricity, telephone, water and cleaning costs are generally under expended year to date across the organisation. This is mainly due to the timing of invoice payments. Grants and sponsorships ($206K) – The majority of this variance is due to a delay in payment of invoices relating to Family Day Care ($192K). Administration costs ($203K) – The major item contributing to this variance is a saving in leasing costs, hardware maintenance and communication links (IT costs ($197K). Finance costs ($308K) – Later than expected draw down of a $7M loan resulting in lower than budgeted interest costs. These savings have been reflected in the mid year budget review and this variance will correct as the year progresses. Capital expenditure Total capital expenditure at 31 December was $26.481M. CIP expenditure amounted to $25.188M, with fleet and other investments adding a further $1.293M. The CIP program comprises of asset renewal, expansion and the investment in new assets. Part 3. 2011-2012 Councillor Donations Fund The Councillor Donations Fund quarterly report for October, November and December 2011 is detailed in Attachment 3. During this period, a total of $12,650 was donated to 33 successful applicants.


This report is in accordance with Council’s policy of providing regular information and feedback to Council.


The Council and Annual Plan activities are monitored against the approved budget to ensure that Council achieves its financial goals. The financial position of the Council will be monitored against the approved mid year budget to ensure that council achieves its financial goals.

Consultation

This report was prepared with input from all Business Unit Managers and Directors. Council’s Finance Department has prepared the financial statements and all other attachments with feedback from Business Unit Managers.



Page 9258

Conclusion

Greater Dandenong Council reports progress against organisational plans on a quarterly basis. The procedures and systems in place provide Councillors and the community with the opportunity to monitor progress against agreed indicators, activities and targets to ensure all resources are being managed in an effective and directed manner.

Recommendation That this report of achievements against the Council Plan, Annual Plan, Annual Budget and Councillor Donations Fund for the period ending 31 December 2011 be accepted. MINUTE: 1091 Moved by: Cr John Kelly Seconded by: Cr Angela Long That this report of achievements against the Council Plan, Annual Plan, Annual Budget and Councillor Donations Fund for the period ending 31 December 2011 be accepted.

CARRIED



Page 9259





Page 9260

6.5.3 Supplementary Valuation Return

Attachments: Supplementary Valuation Report - SV4-2012 File No: qA273838 Responsible Officer: Director Corporate Services

Report Summary

Council’s contract valuer ProVal (Vic) Pty Ltd has assessed Supplementary Valuation Return 4/2012 that comprises 763 supplementary valuations.


This report recommends that Council adopts Supplementary Valuation Return 4/2012.


Supplementary Valuation Return (Cont.)

Page 9261

Background

Supplementary valuations are carried out from time to time to reflect the variation in valuations of properties in between general valuations of the municipality. Supplementary valuations may be made for any of the circumstances referred to in Section 13DF of the Valuation of Land Act 1960 and are to be assessed as at the date prescribed for the current valuation of the municipality. Supplementary Valuation Return 4/2012 has been made in accordance with Section 13DF of the Valuation of Land Act 1960, a copy of which is attached at the end of this report.

Proposal

It is proposed that Council adopt Supplementary Valuation Return 4/2012.

Council Plan 2009-2013 Strategic Objectives, Strategies and Plans

This report has been made in consideration of the Council Plan and Strategic Objectives.


Formal processing of the supplementary valuations will commence after Council adopts the Supplementary Valuation Return. Most supplementary valuations in Return 4/2012 have been made effective from 1 December 2012. The 2011/12 budget for supplementary rate income is $1,150,000 for the year. The net supplementary rates increase from this Return will be approximately $300,000. The YTD supplementary rates are approximately $1,300,000.

Consultation

Following the adoption of the Supplementary Return, the State Revenue Office and South East Water will be notified of the supplementary adjustments.

Conclusion

It is recommended that Council adopt Supplementary Valuation Return 4/2012.

Recommendation That Council adopts Supplementary Valuation Return 4/2012.

MINUTE: 1092 Moved by: Cr Angela Long Seconded by: Cr Pinar Yesil That Council adopts Supplementary Valuation Return 4/2012.

CARRIED


Supplementary Valuation Return (Cont.)

Page 9262





Page 9263

6.6 POLICY AND STRATEGY

6.6.1 Sports Pavilion Management Policy

Attachment: Sports Pavilion Management Policy File No: qA271091 Responsible Officer: Director Community Services

Report Summary

The purpose of the Sports Pavilion Management Policy is to enable seasonal users of sports pavilions to have safe and appropriate levels of access in accordance with Council priorities for the provision of shared facilities and in line with contemporary standards. The aim is to maximise shared use of pavilions in a safe manner, to minimise unnecessary wear and damage to pavilions and to ensure that the pavilions are presented in the best possible condition. This policy seeks to enhance the quality and upkeep of the facilities by introducing such measures as security bonds, a system of sports club sign-off on condition and incentives for clubs. There is an existing practice of setting bonds for use of other community facilities in Greater Dandenong such as halls and meeting venues and this practice is widespread throughout other Councils.


This report recommends that the prepared Sports Pavilion Management Policy be adopted by Council.


Sports Pavilion Management Policy (Cont.)

Page 9264

Background

The Sports Pavilion Management Policy seeks to enhance the management of sports pavilions and to work with user groups and clubs to assist in improving the quality and cleanliness of seasonal pavilions at reserves. The preparation of the Policy recognises that:

• Many sports clubs have contributed to the upkeep or enhancement of pavilions and would want to ensure they are maintained in good order;

• Council has invested substantial funds in developing pavilions with an emphasis on shared use;

• The existing stock of pavilions is aging;

• There is an increased need for inspections and proper maintenance;

• The condition of sports pavilions needs to be enhanced;

• Some sports clubs have not met the expectations of on-going maintenance and cleanliness; and

• Council has a responsibility to ensure that the facilities are appropriate for the purpose and are kept safe and in clean condition.

Proposal

This Policy covers the management of seasonally allocated sports pavilions located adjacent to ovals and pitches. There are currently 34 pavilions covered by this Policy which are allocated to clubs such as cricket, football (AFL and Soccer), baseball, softball, hockey and athletics. The Policy does not cover leased sports facilities such as tennis courts and bowls clubs that have separate lease agreements. The policy focus is the development of a co-operative approach between Council and sport clubs. It rewards good behaviour and effort with financial incentives and the provision of well maintained facilities and targets penalties at poor performers through the use of bond moneys to rectify damage or attend to cleaning. All clubs using a building will each be required to pay a security bond of $500. When the bond is not required to rectify damage or cleaning, it may be returned or held over to the next season. Any damage will be repaired by Council and the full cost allocated and enforced to the club. The bond will increase to $1,000 for clubs that do not meet maintenance and cleaning requirements. Should poor performance continue, Council officers may instigate a higher bond or refuse tenancy. Council will undertake periodic inspections throughout the year to check building condition. The policy encourages self management between sport clubs with guidance, assistance and checking from Council. During the 4 week period between sports season the outgoing and incoming clubs will be required to meet and sign off on the condition of the building. All Clubs using the building are responsible for the building condition.



Page 9265

Clubs that share buildings during the same season will have the benefit of 50% reduction of seasonal fees. Clubs can also receive rebates of up to 15% of the seasonal fee subject to achieving specific requirements that demonstrate good asset management and sports development initiatives as set out in the policy.


The proposed Policy is consistent with key plans and policies adopted by Council. These include: The Council Plan (2009 – 2013). “A city PLANNED for the FUTURE’ to develop and maintain high standard accessible community facilities and anticipate where these will be needed in the future and ‘A HEALTHY COMMUNITY and ENVIRONMENT’ for the provision of public places that attract activity and encourage engagement between people and promote community health and well being. The Leisure Strategy (2003 updated 2007) vision to provide a diverse range of exceptionally designed, functional, quality, passive and active recreational facilities and opportunists that are accessible to all members of the community and that improve the community’s perception of itself and engender pride in our city. The Disability Action Plan (2010-2014) to promote inclusion and participation in the community and to reduce the barriers associated with services, facilities and accessing goods. The Community Wellbeing Plan (2010-2013) for physical activity, leisure and recreation. In particular that the people of Greater Dandenong have opportunities for physical activity, leisure and recreation, with a range broad and diverse enough to encourage participation from all sectors of our culturally and economically diverse community. The Multipurpose Use of Community Facilities Policy (2011) which aims to maximise the use of community facilities. The Sports Facilities Plan (2011) which provides a guide to Council investment in sporting facilities into the future to ensure that resourcing is equitable and effective in providing sport and recreation opportunities for the whole community.


The Sports Pavilion Management Policy includes financial incentives for clubs through seasonal fee rebates of 5%, 10% and 15% subject to achieving specific requirements that demonstrate good asset management and sports development initiatives. This may reduce the income to Council from seasonal tenancy by around $20,000. There will also be independent condition inspections and reports of the building condition. These costs are offset by the anticipated reduction in costs that Council has borne in rectifying damage and cleaning after club use.



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Consultation

A forum was held in December 2012 to which all sporting associations that represent clubs in the City of Greater Dandenong were invited. Representatives attended from athletics, softball, baseball, cricket, football and soccer. The representatives generally agreed with the proposed policy direction. A bond was introduced as part of the Council fees and charges in 2011/12. All seasonal tenant sport clubs are aware of the bond and have been advised that Council will be revising the bond amount as part of this policy.

Conclusion

The Sports Pavilion Management Policy seeks to enhance the quality and upkeep of sports pavilions through a range of measures in partnership with sports clubs and associations in the municipality. These include rental rebates, reduced charges for shared use, club sign off on building condition at tenancy handover and security bonds.

Recommendation That the Sports Pavilion Management Policy – 2012 be adopted by Council.

MINUTE 1093 Moved by: Cr Paul Donovan Seconded by: Cr Pinar Yesil That the Sports Pavilion Management Policy – 2012 be adopted by Council.

CARRIED (THE MAYOR EXERCISED A CASTING VOTE IN FAVOUR OF THE MOTION)

For the Motion: Crs Youhorn Chea, Maria Sampey, Paul Donovan, and Pinar

Yesil

Against the Motion: Crs Peter Brown, John Kelly (called for the division), Angela Long, and Loi Truong



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Page 9268

6.7 OTHER

6.7.1 Report on Matters Discussed at Councillor Briefing Sessions During November and December 2011

File No: fA25545 Responsible Officer: Director Corporate Services

Report Summary

As part of Council’s ongoing efforts to improve transparency in Council processes, matters discussed at Councillor Briefing Sessions (other than those matters designated to be of a confidential nature) are reported on at ordinary Council meetings. The matters listed in this report were presented to Councillor Briefing Sessions in November and December 2011.


This report recommends that the information contained within it be received and noted.


Report on Matters Discussed at Councillor Briefing Sessions During November and December 2011(Cont.)

Page 9269

Matters Presented for Discussion

Item Briefing Session 1. Municipal Building Project – Design

Councillors were presented with an overview of the proposed design for the new Municipal Building in Dandenong.

2 November 2011

2. SITA Australia Update Councillors were presented with an update on SITA’s activities including the Taylors Road Landfill by SITA’s State General Manager and Infrastructure Manager – Victoria.

7 November 2011

3. Infrastructure Planning Update Councillors were presented with an update on main transport projects including the Western Port Highway link to Port of Hastings, Dingley By-pass, Springvale grade separation, Dandenong rail corridor, and also the key issues and planning projects from the South Eastern Integrated Transport Group.

7 November 2011

4. Community Grants and Sponsorships - Round Two Councillors were provided with an overview of the Community Support Grants Program 2011-2012 Round 2 applications along with the recommendations of the Grants Evaluation Panel. A formal report was considered by Council at its meeting of 28 November 2011.

7 November 2011

5. Green Wedge Review Councillors were presented with an update on the minor adjustments to the existing Urban Growth Boundary (UGB) and recommendations for the Green Wedge Review within the City of Greater Dandenong’s Green Wedge Zone, involving the review of the UGB Anomalies outside the Growth Area; and the City of Greater Dandenong Green Wedge Management Plan (GWMP). A formal report was considered by Council at its meeting of 14 November 2011.

7 November 2011

6. Internet vs Traditional Trading and Impacts Councillors and Council officers discussed the impacts of internet (e-tail internet retailing) vs traditional trading including current studies and assessments and the positioning of local retailers.

7 November 2011

7. Executive Discussion Councillors and Council officers briefly discussed the following topics: a) Council’s Disaster Relief Policy b) Herbert Street traffic lights c) the Municipal Buildings Project d) a current public liability claim (CONFIDENTIAL) e) agenda items for 14 November 2011 Council meeting.

7 November 2011



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Item Briefing Session 8. Executive Discussion

Councillors and Council officers briefly discussed the following topics: a) proposed sale of a Council property in St Johns Avenue,

Springvale b) proposed closure of Parkmore Customer Service Centre

over Christmas c) agenda items for 14 November 2011 Council meeting.

14 November 2011

9. Facade Treatments for Municipal Building Project Councillors were presented with various possible facade treatments for the proposed Municipal Building in Dandenong.

21 November 2011

10. Mid Year Budget Review Councillors and Council officers discussed proposed adjustments to the 2011/12 Budget and considered the allocation of surplus funding. A formal report was considered by Council at its meeting of 12 December 2011.

21 November 2011

11. Community Care Program and Funding Councillors were provided with an update on the future growth of community care services, review of the service area and development of an aged care plan.

21 November 2011

12. Retail Marketing Councillors were provided with an update on the extent and range of retail marketing activities in Greater Dandenong that are being undertaken and discussed responses to inquiries from both the community and business operators.

21 November 2011

13. Council Elections 2012 - Discussion Paper on Voting Councillors were presented with a discussion paper in relation to postal and attendance voting in council elections. A formal report was considered by Council at its meeting of 12 December 2011.

21 November 2011

14. Sale of 51-53 Buckley Street (CONFIDENTIAL) Councillors and council officers discussed the proposed sale of a property in Buckley Street, Noble Park.

21 November 2011

15. Executive Discussion Councillors and Council officers briefly discussed the following topics: a) CFA accommodation b) the naming of a public sqare in Springvale c) Noble Park Aquatic Centre (NPAC) - Alternative aquatic

access arrangements d) the annual report of the Dandenong Benevolent Society

21 November 2011



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Item Briefing Session 16. Municipal Buildings Development Agreement

Councillors were provided with an overview of the Development Agreement between Council and Places Victoria (previously VicUrban) to facilitate the acquisition of a footprint of land on Site C1 in the Dandenong RCD which will allow Council to proceed with the development of a new Dandenong Library, Council Chamber, Community Meeting Space and Council Administration Offices. A formal report was considered by Council at its meeting of 12 December 2011.

28 November 2011

17. Dandenong Benevolent Society (CONFIDENTIAL) Councillors were provided with a draft independent audit scope for review and consideration in response to questions raised by Councillors Sampey and Brown regarding the Society’s annual report.

28 November 2011

18. Executive Discussion Councillors and Council officers briefly discussed a proposal for an inaugural Corporate Citizen Award to be awarded on Australia Day.

28 November 2011

19. Councillor Representation and Election of Mayor (Informal discussion of process) Councillors and Council officers discussed the process for the election of the Mayor and the nomination of councillor representatives at the Annual Statutory Council meeting on 5 December 2011.

1 December 2011

20. Annual Statutory Council Meeting Councillors and Council officers discussed the meeting process and procedures for the Annual Statutory Council.

5 December 2011

21. Corporate Citizen Award (CONFIDENTIAL) Councillors were provided with an overview regarding the establishment of a new award to recognise special, significant and outstanding individuals who have put Greater Dandenong on the map in the field of manufacturing, business or commerce, coupled with a strong corporate social responsibility.

12 December 2011

22. Executive Discussion Councillors and Council officers briefly discussed the following topics: a) a current VCAT (Victorian Civil and Administrative

Tribunal) Appeal b) grass mowing on VicRoads land c) commencement of a new Manager Finance d) agenda items for 12 December 2011 Council meeting.

12 December 2011



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Item Briefing Session 23. Herbert Street School Crossing

Councillors and Council officers were presented with an update regarding the Herbert Street School Crossing by the Department of Education and Dandenong High School.

19 December 2011

24. Dandenong Stadium Management Review Councillors were provided with an overview regarding the proposed new management and tenancy arrangements of the Dandenong Stadium/State Volleyball Centre.

19 December 2011

25. Sports Pavilion Management Policy Councillors were provided with details of a proposed Sports Pavilion Management Policy which seeks to enhance the management of sports pavilions through a cooperative relationship with user groups and ways of providing clubs assistance in improving the quality and cleanliness of seasonal pavilions at reserves.

19 December 2011

26. Executive Updates/Discussion a) current Living Treasures b) a Loan Guarantee Application from a sports club c) arrangements for the Dandenong Cup Race Day

19 December 2011

Apologies

• Councillor Yesil submitted an apology for the Councillor Briefing Session on 2 November 2011. Councillors Donovan and Memeti did not attend the Councillor Briefing Session on 2 November 2011.

• Councillor Yesil submitted an apology for the Councillor Briefing Session on 7 November 2011. Councillor Memeti did not attend the Councillor Briefing Session on 7 November 2011.

• Councillor Herring submitted an apology for the Councillor Briefing Session on 14 November 2011. Councillor Memeti submitted an apology for the Councillor Briefing Session and Council meeting on 14 November 2011.

• Councillors Kelly and Herring submitted apologies for the Councillor Briefing Session on 21 November 2011.

• Councillors Donovan, Herring and Truong submitted apologies for the Councillor Briefing Session and Council meeting on 28 November 2011.

• Councillor Truong submitted an apology for the Councillor Briefing Session and Council meeting on 5 December 2011.

• Councillor Truong submitted an apology for the Councillor Briefing Session and Council meeting on 12 December 2011.

• Councillor Memeti submitted an apology for the Councillor Briefing Session on 19 December 2011.



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Recommendation That:

1. the information contained in this report be received and noted; and

2. the information discussed at the above listed Councillor Briefing Sessions that was declared confidential in Items 7(d), 14, 17, 21 by the Chief Executive Officer under Sections 77 and 89 of the Local Government Act remain confidential until further advisement unless that information was the subject of a subsequent Council report.

MINUTE 1094 Moved by: Cr Angela Long Seconded by: Cr Paul Donovan That:

1. the information contained in this report be received and noted; and

2. the information discussed at the above listed Councillor Briefing Sessions that was declared confidential in Items 7(d), 14, 17, 21 by the Chief Executive Officer under Sections 77 and 89 of the Local Government Act remain confidential until further advisement unless that information was the subject of a subsequent Council report.

CARRIED


Page 9274

6.7.2 Study Tour of China, Cities of Guangzhou and Taishan – 30 March-9 April 2012

Responsible Officer: Acting Director Development Services

Report Summary

The City of Ararat has arranged a study tour of two major cities in southern China. This tour is for ten days in late March and early April 2012 and has been tailored for those with an interest in Building or Health related issues. As the itinerary is extremely relevant to role of the Municipal Building Surveyor, a request has been made for the Manager Building Services (Municipal Building Surveyor), to join this study tour.


This report recommends that Council’s Manager Building Services be authorised to participate in the study tour to China


Study Tour of China, Cities of Guangzhou and Taishan – 30 March-9 April 2012 (Cont.)

Page 9275

Background

The City of Ararat has arranged a study tour, through Travman Tours, of two major cities in southern China. This tour is being promoted to any person with an interest in Building or Health related issues. The tour will go to the cities of Guangzhou and Taishan and visit several buildings and facilities in relation to construction methods and health requirements. The itinerary is relevant to role of the Municipal Building Surveyor.

Proposal

That the Manager of Building Service attends this tour and visits the buildings and places as set out in the itinerary below.

Itinerary 30 March 2012 – Fly China Southern Airline flight departing Melbourne at 23:30pm Board China Southern Airline overnight flight direct to Guangzhou. 31 March 2012 – Arrive Guangzhou at 06:00am Welcome to Guangzhou, one of the most important cities in China. Upon arrival you will be met & transferred to your hotel, early check in your room and fresh up. After lunch at local restaurant, we start our city tour; highlights include the famous Dr Sun Yatsen’s Memorial Hall and the historical Chen’s Family Clay Temple. After Chen Family Temple will visit adult play ground/ fitness area opposite in public park – state of the art equipment with variations on physical fitness and just pure pleasure – great ideas for Council green spaces. Welcome dinner at local restaurant. Accommodation: Guangzhou Ocean Hotel, 4 nights 1 April 2012 – Guangzhou This morning visit the Canton Tower, the newest iconic building in Guangzhou. Tour around the facilities like Safety System and disposal. Water treatment plant plus sewerage farm and recycling depot – visit with environmental team – similar to EPA. This afternoon visit a sewerage plant. 2 April 2012 – Guangzhou Morning Visit to a construction site and meet with the local developers. Next visit Tian’he District which has the new Pearl River Tower – one of the most environmentally efficient buildings in China. Afternoon visit to Zhimeizhai Soy Sauce Factory, or Pearl River Beer Brewery. 3 April 2012 – Guangzhou Group will split in to health and building sectors to meet with peers and rejoin at lunch and then visit housing estate and new shopping mall. Visit the local city council or the city planning department, the new developed housing estates. 4 April 2012 – Guangzhou - Taishan Morning free at leisure to explore until transfer to Taishan City, where I will stay for 5 nights. Accommodation: Taishan Gaoye Hotel.



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5 April 2012 – Taishan Visit planning section for new township, port and recreation facilities to be built on reclaimed land in South China Sea. Visit to visitor information centre of Taishan Nuclear Power plant and view models and plans of this massive undertaking to support southern china plus new township development being assisted with French expertise and financial input. 6 April 2012 – Taishan Morning visit to Taishan No.1 High School, inspect their new buildings. Visit Taishan Water Supply Services and Buddhist Temple on grounds as well as memorial to the famous Flying Tigers Fighter Squadron that fought in China Against the Japanese Army. Finally visit a local kindergarton and be entertained by the 2-4 years old. Afternoon Inspect master plan development model in foyer of Phoenix Garden Hotel prior to visiting gated community surrounding the hotel to view luxury houses with swimming pools looking out to manmade waterways. 7 April 2012 – Taishan Visit two cities near Taishan. Jiangmen City with a population nearly 4 million is an important prefecture city in Guangzhou Province. Visit construction site as well as inspect completed flats Visit wine factory Zhongshan City located in the west of Pearl River Delta, is an important waterway connecting Guangzhou, Hong Kong and Macau. 8 April 2012 Taishan Visit Lock Factory, producing padlocks and hardware for the world’s hardware chains, you will recognize some Australian brands being produced at this factory as well. More uncommon products are the gold clasps and locks for Gucci and Louis Vuiton handbags and baggage. Visit Taishan Aluminium Factory. An Australian owns the factory, a Chinese manager trained at RMIT and it produces product for all over the world. Aluminium extrusions for industrial and domestic purposes from helicopter platforms to screen door surrounds and host of other industrial items. Visit wine factory and Mdm Zhen at Yu Chang Cigarette and Wine Wholesale Company who is the all-of-China importer of Ararat Rural City Council’s famous Ararat Gold Shiraz and other Grampians Region Wines. 9 April 2012 – Taishan - Guangzhou - Melbourne This morning we drive back to Guangzhou, on the way stop and visit the famous scenic city Foshan. Then transfer to the airport for flight to Melbourne departing at 9:00pm 10 April 2012 Arrive Melbourne at 09.40


Travel Policy – All overseas travel for staff and Councillors must be approved at an Ordinary Meeting of Council prior to any overseas travel.


Accommodation, airfare and meals costs of $2,320 will be covered under the current Building Services training and conference budget



Page 9277

Conclusion

The Municipal Building Surveyor will gain an insight into how cities cope with an explosion of growth particularly in building related issues. It will reveal how they manage regulatory compliance and building issues in an environment where new methods of construction and innovative products are ever changing. This will enhance his skills in providing high quality Building Services to Greater Dandenong.

Recommendation That Council’s Manager Building Services, John Prendergast, be authorised to travel to China to participate in the study tour of Guangzhou and Taishan for the period 30 March-10 April 2012. MINUTE 1095 Moved by: Cr John Kelly Seconded by: Cr Angela Long That Council’s Manager Building Services, John Prendergast, be authorised to travel to China to participate in the study tour of Guangzhou and Taishan for the period 30 March-10 April 2012.

CARRIED


Page 9278

7 NOTICES OF MOTION

Nil.


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8 REPORTS FROM COUNCILLORS/DELEGATES & COUNCILLORS' QUESTIONS

Comment Cr John Kelly I had the opportunity as Council’s delegate to attend the Waste Forum last week. There are a couple of things that are of interest, certainly to the 30 Councils, who are involved in the Waste Board in Metro Melbourne. The biggest item on the Agenda last week was the effect of carbon tax on Councils and Councils’ waste in particular. Councillors already know as I mentioned in an earlier debate, that the Municipal Association of Victoria (MAV) is saying that carbon tax will have approximately 11% increase on our electricity and 9% increase on gas. The one thing that the Councils do not know yet is the total effect carbon tax will have on our waste collection. The landfill owners do not know yet how carbon tax will be collected and how much it will be. Question Cr John Kelly What does this Council anticipate the cost effect of carbon tax will have, on our waste collection services and perhaps an approximate figure on what effect this tax will have on our Council? Response Mick Jaensch, Director Corporate Services I believe Bruce Rendall, Director Engineering Services is doing some work on that but I believe the overall impact of Carbon Tax on Council will be around the million dollar mark. Some of that will be in the waste costs and that will be reflected in waste charges. Certainly in terms of electricity and gas, we are doing all we can to absorb those increased costs within our cost structures and not passing them onto our residents. So around the million dollar mark we believe is the impact of carbon tax, but as Cr Kelly quite rightly highlighted, there is considerable uncertainty still in the charges. Question Cr John Kelly In regards to that there would be an increase in electricity and gas costs for sporting clubs, will that be passed on? Response Mick Jaensch, Director Corporate Services The sporting bodies generally pay their own utility costs directly. So yes, the sporting clubs will be directly impacted by the carbon tax, not by Council’s charges. Comment Cr John Kelly As I mentioned the landfill operators are sort of throwing their hands up in the air at this stage, for not knowing how and when to collect the carbon tax. It also depends on what is in their landfill too.


Reports from Councillors/Delegates & Councillors' Questions (Cont.)

Page 9280

Question Cr John Kelly I would like to ask if we can get a letter under seal for Mr John Crichton. I do not know whether we need a Notice of Motion but I ensure all councillors would support it for Mr Crichton. I know we gave him an award on Australia Day but importantly he has retired from all this voluntary work with this City now because of ill health. I think John was certainly the backbone of volunteers within this City. John worked extremely hard and had been on numerous committees within the City and I think it will be really appropriate to arrange a letter under seal for Mr Crichton if possible. Response John Bennie, Chief Executive Officer It requires a resolution of Council to apply Common Seal so you might wish to move an item as Urgent Business later on in the meeting. The alternative of course, is a letter from the Mayor on behalf of Councillors which does not require a motion. I am sure there will be no disagreement with the sentiment. It is just a matter of how you wish to proceed. If you do think a letter under seal is the appropriate way to go, I would suggest that you might raise it as an item of Urgent Business. Question Cr John Kelly I was concerned the other day after hearing that VicRoads were talking of moving the Rotary Wheel in the Dandenong Park and cutting down trees in the corner. I met with a couple of officers regarding the trees of significance. I would like to find out what is happening to the Peppercorn tree on the corner of Foster Street and Princes Highway/Lonsdale Street, at the edge of Dandenong Park. I recall there were some early pictures of the Dandenong Park and the original gates which are now at Shepley Oval. I would hate to see these trees destroyed in any way. While my time at Council may be short, I would like to make sure this tree is protected. How do we go about instigating protection for something like this? Response Dino De Melis, Acting Director Engineering Services I would like to take that question on notice and will get back to Cr Kelly. Comment John Bennie, Chief Executive Officer I cannot provide any further words of comfort at this stage other than to say that I am not aware of any proposals that have existed. That is not to say they have not. I would like to reassure you tonight that nothing will happen that we are not aware of. We will deal with the matter with some urgency and report back to all councillors. Comment Cr John Kelly It might it may be on a Council list but that may not be significant enough to save it.



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Comment Cr Maria Sampey I attended the opening of the Noble Park Aquatic Centre on Saturday and it was absolutely superb. I would like to really congratulate the officers and everyone that was involved with it, even the people who came up with the design because you could actually go and really have fun without even going in the pool. I really think it is going to be something where probably people from other cities will come to our City to enjoy. So I just wanted to congratulate staff. It was real fun. I took my grandchildren there and I wished I was seven years old again. Question Cr Maria Sampey I have received a letter from tenants at the Dandenong market. They have a dispute with the way things are happening at the market with their stall. We do not seem to have a dispute panel. We received a report where in the future we are going to be deciding on what options are available with regard to running the market. I think we need to have some sort of panel with an external person, rather than the dispute going to management at the market because it is biased. In the interim, what is being done with regard to having some sort of panel set up so that disputes can be resolved ? Response John Bennie Chief Executive Officer I would like to strongly refute in the first instance that there is no bias shown to any dealings of any issues associated with the market. There may not be a panel in place at this point of time but there is a dispute resolution procedure that is in place that all councillors are aware of. When previously briefed by officers, councillors have not necessarily expressed opposition to that approach. Disputes in the first instance should be resolved by market management. The fact is that 99% of disputes are invariably resolved by market management. Where the dispute cannot be resolved by market management they may be escalated to Mick Jaensch, Director of Corporate Services, and a significant proportion of disputes can then be resolved by the Director Corporate Services who exists to represent and reflect Council and the broader community’s interests. If after that, disputes cannot be resolved, they are referred to me. I rarely receive those for resolution highlighting that invariably they are resolved through those other mechanisms. Again I refute that I would show any bias in any way for/against any element of those that might appeal through the process. Having said that and whilst that may not be seen as the absolutely perfect way of resolving a range of disputes which come up through the market, it does exist. It is independent of market management and I would defy any assertion that would suggest that any determination by Mr Jaensch or myself have been in any way biased. You are correct in saying that going forward we would propose that another mechanism should exist that would include independent persons on a board or a panel that may consider such matters among a whole range of other things including broader management of the significant commercial enterprise, but Council is not at that position yet and Council has been briefed previously and is aware that this is a matter that is a work in progress. It will be reported back to councillors in the not too distant future a mechanism that we think should sustain the market going forward.



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Question Cr Angela Long These are only a few of the things I have attended over the last 3 weeks. On 26 January 2012, Australia Day, I had a very busy day starting with breakfast at Springers Leisure Centre then onto morning tea for the recipients of the Australia Day Awards which was held in the committee room at the Drum Theatre. It was followed by Australia Day Award ceremony and the Citizenship Ceremony which saw another 121 people make the transition and become Australian Citizens. Both these were held in the Drum Theatre. I also attended a Flag Raising ceremony at the Noble Park RSL. On 28 January 2012, I attended the 9th Annual Greater Dandenong Race Day luncheon at the Sandown racetrack. General admittance was free to our residents and the day was well attended. On 4 February 2012, I attended the TET Festival at Sandown racetrack. On 9 February 2012, I attended the Willow Lodge Residents Committee’s first Annual General Meeting where I conducted their election of their office bearers. On 10 February 2012, I attended the Jayco Rangers basketball game against West Coast. The Rangers had a great win, 101 to 53. This means that they will be in the finals. The last home and away game will be next Saturday where they will play Adelaide in Adelaide. If we win this one, the Dandenong Basketball Association will be hosting some of the finals. On 11 February 2012, I attended the opening of NPAC which is the redevelopment of the Noble Park pool. It was a free open day and there were lots of people who took the opportunity to have some fun at the pool. I also attended a free open day for V8 motor cars at Sandown racetrack where there was an opportunity to have a look at some demonstrations of the cars and also to speak to the drivers. The day was well attended with an estimated 10,000 people attending on the day. It was a great family day out and a great use of a purpose-built facility. Comment Cr Pinar Yesil I was also at the Noble Park Aquatic Centre opening. There is so much to say about this project. I cannot find many words to describe it. It was such a significant and fantastic project which has finally come to an end. We had a spectacular opening. We needed such a lift in Noble Park and to understand what I am saying, you need to actually put your swimming gear on, go to Noble Park swimming pool and have a little dive or swim. It was fantastic on Saturday. As the branding suggests there were a lot of children, young people, parents and elderly people “Water for All.” Each corner of the pool was full of peace, joy and fun. We had a lot of ethnicities within the pool. The quality of the pool is remarkable. As Cr Sampey just suggested we did not swim but being present there was fantastic. I have a special attachment to this pool because I worked very hard initially at the start to get funding from the State and Federal Government. Thanks to them this $22 million project new pool has indoor and outdoor facilities and it will bring a lot of people from outside the City. I would especially want to thank Development Services, Engineering Services and Community Services and especially our Chief Executive Officer because I know how hard he worked on this.



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Comment Cr Peter Brown Regarding a resolution passed by the City of Casey in which they require us to place a 1 km buffer around the Lyndhurst landfill which will affect 700 hectares, of our land and 60 hectares of theirs. I do not know how to achieve that but intriguingly the resolution said that we had to be sensitive to granting permits for sensitive uses such as residences and children’s health services. Now my understanding is that some of the things that they are wanting us to do is be very sensitive about in granting a permit or in fact prohibited uses is that correct and what are the prohibited uses? Response Jody Bosman, Manager Planning and Design The Notice of Motion that you are referring to had a couple of examples and there are a couple of instances. One of them was residential and it is a prohibited use. The only residential use permitted in the industrial one zone which is the zone that would be incumbent within that suggested buffer. The only residential use that would be permitted is a caretaker’s dwelling. The other forms of residences are prohibited. One of the other uses that they suggest would be sensitive uses was food manufacturing. Food manufacturing is not considered to be a sensitive use, notwithstanding that it is covered by buffers within the scheme in any event under Clause 52.10 of the scheme as are many of the users that have varying buffers depending on the activities. Comment Cr Peter Brown Like fellow councillors, I was present at the opening of the Noble Park Aquatic Centre which was fantastic and providing “Water for All” but it is not quite water for all. I think there is one critical step we need to take in the very early stages of the establishment of the Noble Park Aquatic Centre to ensure that there is water for all and that is, that we set aside on a weekly basis a period of time in which women only and their children under the age of twelve can attend the Noble Park pool. Because of the nature of the Community Rooms facing up over the pool, it would be a situation at the whole Noble Park Aquatic Centre for women and children under 12 years, because of the division there is through to the pool. I think if we really are going to ensure that there is water for all we have to very early on, have a designated period of time each week for all women and young children to be able to access the pool, because I did notice and I spoke to a number of women who were present with their children on Saturday that they were constrained for various reasons to use the pool in front of males so I really think if it is going to be water for all for a period of time, we need very early on to set aside a period of time for women and young kids to have their privacy the pool would provide and then would provide water for all. Response Mark Doubleday, Director Community Services I am happy to come back and advise Council on the options and possibilities in relation to that. There would be a number of things that would need to be considered and Council can do that so that is a long way of saying I will take the matter on notice to provide advise on the options and possibilities.



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I will add that the facility has been designed for particular groups whether they be gender-specific or otherwise to allow for discreet opportunities to use the indoor heated or warm water area separately to the outside area which could be available for the general public. So there are a variety of design options that have been built into the pool to be able to consider the things you are suggesting that we would consider and I am happy to advise Council on the options to be able to consider that. Cr Loi Truong Question Unfortunately I could not come for the opening day of the Noble Park Swimming Pool however I was a member of the old pool. I did check on the Membership Application Form and the cost is $25 per fortnight. I think this is ok for me but I do not have the prices for the hour for people such as pensioners. Response Mark Doubleday Director Community Services The matter of fees for the facility which is what I think you are referring to Cr Truong will be considered as part of the budget but I am happy to take on board advise in terms of affordability and use of the facility and whatever options we can consider to make that the most affordable but also consider the costs required by the contractor Belgravia to run it. So I am happy to review that and advise back to Council.

Comment Cr Youhorn Chea

I wanted to report that the last two weeks we were very busy, for me attending events like the TET Festival and also the Chinese New Year. I also attended the Australia Day celebrations, very similar to Cr Long. Early in the morning I attended the Springers Leisure Centre to raise the flag and after that come to the Citizenship Ceremony in the Drum Theatre and then we move to the Dandenong Park and Noble Park RSL as well. On Saturday I attended the opening of the Noble Park Aquatic Centre. It was fantastic because we had nearly 3000 people attending. I also met with a lot of people, especially Noble Park residents who are very proud that we have a swimming pool like that. I would like to congratulate Mark Doubleday and Lynette While and all their staff who worked very hard on that day.


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9 QUESTION TIME - PUBLIC

Question Thelma Wakelam, Dingley

In 2007 the State Government removed from the planning control for many decisions at the Lyndhurst tip from the City of Greater Dandenong. Since then the State Government has had little correspondence with CGD and at no time taken into consideration the close proximity of the communities of Dandenong South, Lynbrook, Lyndhurst, Hampton Park and Cranbourne areas. The C125 CGD planning scheme amendment to rezone the Lyndhurst tip from a Farming zone to Industrial 1 will allow toxic soil, including Category A formerly prohibited to be stored and treated at the site, on top of a closed hazardous waste cell. In the near future this will be presented to be passed through Parliament. Notwithstanding that council vigorously opposed this application at the planning panel hearing RATWISE now requests or asks. Will CGD councillors in their capacity representing the community individually and/or collectively express their views to state politicians and request the way it sees C125 amendment be revoked when it comes before State Parliament?

Response John Bennie, Chief Executive Officer

I cannot answer for all councillors individually but certainly this Council has given consideration to this request previously and Councillors were given appropriate directions through Councillor Briefing Sessions. I do not wish to collectively as a Council respond in any other way to perceive C125 amendment other than the way it responded by vigorously opposing the matter at Planning Panels Victoria as you have already noted. Council’s view is that the determination made by the Minister. Whilst you may disagree with that decision it was a lawful decision and Council has no power to otherwise act on that decision. Notwithstanding individual Councillors have noted the position of RATWISE and others and are free to take any further actions themselves.

Question Thelma Wakelam, Dingley

Despite consistent community opposition and various VCAT and panel hearings relating to the Lyndhurst Hazardous waste landfill, still it receives all higher hazard prescribed industrial waste for Victoria, yet there has never been an environmental impact assessment performed on the site to determine its suitability in a heavily populated area. Will council insist one be undertaken now?


Question Time Public (Cont.)

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Response John Bennie, Chief Executive Officer Councillors have been insisting that one be undertaken since January 2007 and Council’s long standing position in opposing this site as a prescribed industrial waste site including that other actions be taken in the best interest of community health and safety are matters that have been advocated for notwithstanding we now have a change in government from the government that previously determined to commence this operation at this site and as previously discussed by Council the time may be appropriate to revisit that January 2007 position and potentially seek to advocate to current government in relation to that matter which would include among other things environmental impact assessments. Question Thelma Wakelam, Dingley Casey Council resolved at their Council meeting of 31/1/2012 for a planning scheme amendment to be prepared to create a 1km buffer around the Taylors Road landfill with land within the buffer area subject to obtaining a planning permit for sensitive uses eg food industries. The amendment does not pose does pose certain ambiguities such as are sensitive uses allowable with a permit? Would this be retrospectly assessed? The logistics of creating a buffer when one has never existed need to be clarified but also take into consideration the advice of the government appointed hazardous waste siting Advisory Committee recommendation of a 2km buffer. Council would be aware workers in Industrial 1 which are now located right to the boundary of the Lyndhurst tip are not considered sensitive receptors (although they may work double shifts and may live in the area) that there is also a bakery within 200 meters of the tip boundary. RATWISE applauds Casey’s direction and CGD working together with Casey to assist in modifying their resolution for the best possible outcome. Would council consider a working committee be established between the two councils with possibly community representation? Response John Bennie, Chief Executive Officer I think it is fair to say that it’s too early to advise which direction this Council wants to move in We are only aware in fact I am not even aware whether we have formerly been advised of Casey’s resolution. I think we all know what it is but I’m not aware that we have actually received formal advice of Casey’s resolution. Notwithstanding our officers are endeavouring to talk to their officers to understand the objectives of the Casey Council and once we have an understanding of that and have received Casey’s position formally in writing, we will be talking to them further and briefing this Council on any options for collaboration that may exist. Question Thelma Wakelam, Dingley What does this area receive by way of benefit for accepting all of Victoria’s hazardous waste? It is It is community expectation the tip will close in the near future and that the site become an open space and recreational area in the future yet we now have a situation where the State Government Minister for Planning has approved the C125 Planning Scheme



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amendment which extends the use of the landfill to include industry (a contaminated soil treatment facility). It is highly likely the operators will in the future apply for other facilities to store and treat hazardous material at the site. With two primary schools in the area, one barely 1km from the tip, will CGD with support from Casey approach State Government to gain a date for closure to accepting ah (PIW) Prescribed Industrial Waste at the Lyndhurst tip? Response John Bennie, Chief Executive Officer I think that’s essentially been answered in previous questions. Council’s position has never been any different notwithstanding that it does receive PIW. This Council wants to see the earliest closure of this site and Council feels that going forward advocating strongly to the current government may at least provide some direction in that regard. I think this Council would always appreciate the support of adjacent Councils but it is this Council’s issue to deal with given the site is within its municipal boundaries. Question Thelma Wakelam, Dingley The C125 amendment and subsequesnt storage and treatment of toxic soil does not fit in with CGD plans for the surrounding area which is being developed for industries such as warehouses and distribution centres. RATWISE believes the State Government is not acting in the best interests of the community and are violating their duty of care through allowing this area to bear the burden for all of Victoria. Who better knows the needs of the local community than the local government? Given this situation will the CGD with support from Casey now begin the process to regain local controls for planning for the Lyndhurst tip from State Government by. 1] Requesting the State Government make CGD the Planning authority for the Taylor’s Road landfill? Or if this is not possible 2] will CGD consider a planning scheme amendment process to achieve the same effect? Response John Bennie, Chief Executive Officer Again these are questions that need to be taken on notice although I would add that in relation to the first question Councillors continue to make its position reasonably clear that the Minister who is now the responsible authority for the site, is best placed given the resources of government and the resources of the state environmental authority to manage the site rather than Council as a planning authority with planning expertise only. If it answers the question are matters to be taken on notice, will evolve through further discussions that I’ve alluded to. Question Colin Riddiford, North Dandenong Some people are still not using the correct areas for letting their dogs off the leash. When are the new signs going to be released and can a reminder be put in the local papers and the City News? I realise that it is hard for council officers to patrol all areas so the next best thing is self education.



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Response Peter Shelton, Acting Director Development Services Signage has been installed in at least one park already . New signage and I believe a second park is in the process of being done. Another two parks are due to be done this year and the remainder of the parks that are in the in the nominated report that went to Council last year would be completed over the next two to three years. As an adjunct to the installation of the signage we’ll also be running events in the parks that are getting new signage to make the local community aware of the new controls and how they work. The first of those is expected to occur in early March and the next one will probably be after Easter. Question George Grech of Clisby Pty Ltd TAS Astra Billiards, Dandenong There is evidence that the operator of the business intends to run auctions from the site. In view of the limited car parking would it be appropriate (if the application is supported to impose a condition restricting them from auctioning on site? Response Peter Shelton, Acting Director Development Services That’s a question that we’ll need to take on notice. We’ll need to have a look at the planning scheme and any other controls that are in place to manage that. Question Anthony Barker, Lyndhurst I am concerned about the pollution in the dust that comes from the 890 Taylors Road Tip ie Lyndhurst tip that lands on the market gardens in the area. SITA seem unable to control the problem. The health of people are at risk. Comment John Bennie, Chief Executive Officer Again I think the question is implicit in a range of earlier questions from RATWISE, and questions that have been raised in this Chamber over a long period of time and questions that have been subject of detailed consideration by Council officers, State Government and others through the Lyndhurst Landfill Advisory Committee, the exact name of which escapes me. These are matters which have been previously assessed of course. Any airborne particles arising from the tip are matters that need to be considered of course by the Environmental Protection Authority



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Question Robert Gipp, Noble Park As a ratepayer of 45 years at the same address in Noble Park, I would like to ask council what rights does a resident have when a nearby house is being rented to a group of adults with obvious behavioural problems who are being monitored by some department.I think it’s an exclamation mark. Why aren’t the residents close by notified of this situation? Comment John Bennie, Chief Executive Officer That is a question that I think we need to take on notice and we’ll speak to Mr Gipp specifically. There are of course privacy considerations in relation to some of these matters and I think it is too dangerous to assume that certain people at certain times in certain premises may be the subject of department, State Department consideration or whatever. So I think, given the sensitivity and privacy of this matter Mr Gipp, we should talk to you privately, understand a bit more about addressing the situation and then we can follow up from there for you. Question Robert Gipp, Noble Park How can this Lyndhurst hazardous waste tip be allowed to operate a soil recycling facility within Zone 1 but without any buffer distance between it and the surrounding factories and warehouses? Will the City of Greater Dandenong support the workers as far as their health and wellbeing is concerned? They spend their working hours affected by toxic fumes and dust. One of them is my son. Comment John Bennie, Chief Executive Officer Once again I would say that the response I’ve been providing to other questions tends or aims to address some of these matters and I think you are well aware of the actions this Council has taken including that it was this Council that called for a community health assessment that it was finally undertaken by this current Government and completed in the not too distant past. That among other things are actions that we, this Council continue to take to protect the local environment and they are matters that if brought to Council’s attention will continue to be explored. I think in relation to the buffer instances matter was also addressed by Mr Bosman’s in his response to Cr Brown. Question Matthew Kirwan, Keysborough What is Greater Dandenong Council’s response to concerns by Frankston Councillors that the rezoning of the green wedge area bordered by Frankston-Dandenong Road, Harwood Road, Eastlink and Eumemmering Creek that it will cause floodwater and sewage to run into Frankston’s waterways?



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Comment John Bennie, Chief Executive Officer This Council’s response should be to Frankston Council’s response not necessarily Frankston Councillors’ response. There is a difference and that matter is still being developed. Frankston Council has resolved in relation to this matter. That matter has been noted by this Council and a response under the hand of the Mayor will be following in due course. Question Matthew Kirwan, Keysborough In relation to the green wedge area bordered by Frankston-Dandenong Road, Harwood Road, Eastlink and Eumemmering Creek has Greater Dandenong Council made an assessment of the drainage corridor and if so what was the result and if not why not as this is one of the criteria set by Minister Guy? Comment John Bennie, Chief Executive Officer I believe these matters have been responded to through the Media and through questions that have been asked previously and will indeed be part of the formal response of this Council provides to the City of Frankston. This Council resolved quite appropriately in relation to the Urban Growth Boundary anomalies and in resolving that way determine that or understood that certain issues that may come up through that process would be considered by the Minister’s Advisory Committee and it is also the intention of this Council to make appropriate representations through that process that would seek to address in a positive way the matters that you raised. Question Matthew Kirwan, Keysborough Residents in Stanford and Scotch Avenues Keysborough have since 2010 experienced the noise pollution and disruption of traffic (approximately 20 buses each weekday of up to 14.5meters in length) to and from the back entrance of Haileybury College. Why is Greater Dandenong Council allowing Haileybury College to continually breach permit PLN08/673 limiting buses to a length of 8.8meters. Comment John Bennie, Chief Executive Officer I must say I’m not aware of we are allowing them to breach not even whether they are in breach, I would ask Peter Shelton, Acting Director Development Services to provide any other response that he can.



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Response Peter Shelton, Acting Director Development Services I’m also unaware of having received a report of the breach. Any matter like this needs to be properly investigated. I’ll check Council’s records tomorrow and if there has been a report I will let Mr Kirwan know of the outcome of what the investigation will be. If we hadn’t previously had a report I’ll contact Mr Kirwan for further detail then call for an investigation to be undertaken. .


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10 URGENT BUSINESS

Cr John Kelly sought leave of Council to raise an item of Urgent Business relating to recognition via letter under seal to John Crichton for his contribution to the Greater Dandenong community. Cr Paul Donovan sought leave of Council to raise an item of Urgent Business relating to the Springvale RSL’s application for an increase in electronic gaming machine numbers. MINUTE 1096 Moved by: Cr John Kelly Seconded by: Cr Paul Donovan That the following two items be considered as Urgent Business:

• A letter under seal for John Crichton; and

• Springvale RSL increase in electronic gaming machine numbers.

CARRIED 10.1 LETTER UNDER SEAL TO JOHN CRICHTON

MINUTE 1097 Moved by: Cr John Kelly Seconded by: Cr Angela Long That Council presents a letter under seal to John Crichton in recognition of his contribution to the Greater Dandenong community.

CARRIED 10.2 SPRINGVALE RSL INCREASE IN ELECTRONIC GAMING MACHINE

NUMBERS

MINUTE 1098 Moved by: Cr Paul Donovan Seconded by: Cr Maria Sampey That Council lodges with VCGR (Victorian Commission for Gambling Regulation) its intention to object and present a social impact assessment of poker machines and be advised of the outcome when considered by the VCGR.

CARRIED


Urgent Business (Cont.)

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For the Motion: Crs Youhorn Chea, Maria Sampey (called for the division), Paul Donovan, Loi Truong and Pinar Yesil

Against the Motion: Crs Peter Brown, John Kelly and Angela Long

The meeting closed at 8:55PM Confirmed: / /

________________________ CHAIRPERSON