Minutes of Council Meeting

Council Minutes 25 May 2020

9 Council Reports

9.1 City Development

Statutory Planning

9.1.1 201 Canterbury Road, Blackburn (Lot 1 LP 87509) Use and Development of Land for the Purpose of a Medical Centre, Removal of Vegetation and Alteration of Access to a Road in a Road Zone, Category 1

FILE NUMBER: WH/2019/112
ATTACHMENT

SUMMARY

This application was advertised on 12 June 2019, following which a total of twenty six (26) objections were received. The objections raised issues relating to removal of vegetation, poor landscaping opportunities, extent of hard paving, traffic and parking impacts and lack of consistency with the Planning Scheme.

A Consultation Forum was held on 30 July 2019 and chaired by Councillor Munroe, during which the issues were explored, however no resolution was reached between the parties.

A Section 57A amendment to the application was lodged on 16^th October 2019 which sought to address arboricultural and transport recommendations. The Section 57A amendment was readvertised to affected parties and objectors, with a further 1 submission received.

Following completion of re-advertising it was identified that the application did not seek approval for use of land for the purpose of a medical centre and as such a further Section 57A Amendment to the application was lodged on 11 February 2020 which sought to amend the application to include use of land for a medical centre and included further changes to achieve a better landscape response. This second Section 57A amendment was readvertised to affected properties and objectors with a further 2 objections being lodged. As a result of this third advertising period, a total of twenty-nine (29) objections have been received.

This report assesses the application against the relevant provisions of the Whitehorse Planning Scheme as well as the objector concerns. It is recommended that the application be supported and a Notice of decision to Grant a Permit be granted, subject to conditions.

RECOMMENDATION

That Council:

A Being the Responsible Authority, having caused Application WH/2019/112 for 201 Canterbury Road, BLACKBURN (LOT 1 LP 87509) to be advertised and having received and noted the objections is of the opinion that the granting of a Planning Permit for the ‘Use and Development of Land for the Purpose of a Medical Centre, Removal of Vegetation and Alteration of Access to a Road in a Road Zone, Category 1’ is acceptable and should not unreasonably impact the amenity of adjacent properties.

B Issue a Notice of Decision to Grant a Permit under the Whitehorse Planning Scheme to the land described as 201 Canterbury Road, BLACKBURN (LOT 1 LP 87509) for the ‘Use and Development of Land for the Purpose of a Medical Centre, Removal of Vegetation and Alteration of Access to a Road in a Road Zone, Category 1’, subject to the following conditions:

1. Before any trees or vegetation is removed, amended plans must be submitted to and approved by the Responsible Authority in a digital form. The plans must be drawn to scale, with dimensions, and be generally in accordance with the plans submitted with the application but modified to show:

a) The provision of a ‘No Right Turn’ sign located at the site frontage, adjacent to the access way.

b) An amended landscape plan showing the provision of at least two (2) Silver-leafed Stringybarks, (Eucalyptus cephalocarpa) in place of two (2) Lightwoods (Acacia implexa).

All to the satisfaction of the Responsible Authority.

2. The layout of the site and the size, design and location of the buildings and works permitted must always accord with the endorsed plan and must not be altered or modified without the further written consent of the Responsible Authority.

Landscaping

3. The provisions, recommendations and requirements of the landscape plan must be implemented and complied with to the satisfaction of the Responsible Authority.

4. Prior to the occupation of the approved building, a Landscaping Maintenance Plan, prepared by a suitably qualified consultant, must be submitted and approved by the Responsible Authority. The landscaping maintenance plan must include, but is not limited to:

a) Irrigation system/program for street trees and street level garden beds, including details of frequency and water delivery method.

b) Details of the ongoing maintenance procedures to ensure that the garden areas are healthy and well maintained to the satisfaction of the Responsible Authority. This must include:

i. Irrigation frequency and delivery method.

ii. Drainage.

5. Before the building is occupied, or by a specified later date, as approved in writing by the Responsible Authority, the landscaping works shown on the endorsed Landscape Plan must be carried out and completed to the satisfaction of the Responsible Authority. The landscaping shown on the endorsed Landscape Plan must achieve at all times:

a) Compliance with the provisions, recommendations and requirements of the endorsed Landscape Plan;

b) Compliance so that areas set aside on the endorsed Landscape Plan for landscaping are not be used for any other purpose; and

c) Replacement of any dead, diseased, dying or damaged plants, to the satisfaction of the Responsible Authority.

At all times, the landscaping must be maintained to the satisfaction of the Responsible Authority.

6. Prior to the commencement of any building and or demolition works on the land, a Tree Protection Zone (TPZ) must be established and maintained during and until completion of all buildings and works including landscaping, around the following trees in accordance with the distances and measures specified below, to the satisfaction of the Responsible Authority:

a) Tree protection zone distances:

i. Tree 3 – 4.9 metre radius from the centre of the tree base.

ii. Tree 5 – 2.8 metre radius from the centre of the tree base.

iii. Tree 6 – 3.0 metre radius from the centre of the tree base.

iv. Tree 7 – 2.6 metre radius from the centre of the tree base.

v. Tree 8 – 2.0 metre radius from the centre of the tree base.

vi. Tree 9 – 2.0 metre radius from the centre of the tree base.

vii. Tree 10 – 12.0 metre radius from the centre of the tree base.

viii. Tree 12 – 6.7 metre radius from the centre of the tree base.

ix. Tree 13 – 3.6 metre radius from the centre of the tree base.

b) Tree protection zone measures are to be established in accordance to Australian Standard 4970-2009 and including the following:

i. Erection of solid chain mesh or similar type fencing at a minimum height of 1.8 metres held in place with concrete feet.

ii. Signage placed around the outer edge of perimeter fencing identifying the area as a TPZ. The signage should be visible from within the development, with the lettering complying with AS 1319.

iii. Mulch across the surface of the TPZ to a depth of 100mm and undertake supplementary watering in summer months as required.

iv. No excavation, heavy machinery, constructions works or activities, grade changes, surface treatments or storage of materials of any kind are permitted within the TPZ unless otherwise approved within this permit or further approved in writing by the Responsible Authority.

v. All supports, and bracing should be outside the TPZ and any excavation for supports or bracing should avoid damaging roots where possible.

vi. No trenching is allowed within the TPZ for the installation of utility services unless tree sensitive installation methods such as boring have been approved by the Responsible Authority.

vii. Where construction is approved within the TPZ, fencing and mulching should be placed at the outer point of the construction area.

viii. Where there are approved works within the TPZ, it may only be reduced to the required amount by an authorised person only during approved construction within the TPZ and must be restored in accordance with the above requirements at all other times.

7. During the construction of any buildings or works, the following tree protection requirements must be carried out to the satisfaction of the responsible Authority:

a) A project arborist must be appointed by the applicant or builder and Council must be informed in writing of who the project arborist is and their qualifications. Any Qualifications must read ‘Arboriculture’ for example ‘Diploma in Horticulture (Arboriculture)’. The project arborist must have a minimum Diploma qualification in arboriculture to be appointed as the project arborist. The qualifications of the project arborist must be to the satisfaction of the Responsible Authority (RA).

b) The Project Arborist must supervise all approved works within the TPZs of Trees 3, 5, 6, 7, 8, 9, 10, 12 and 13. The project Arborist must ensure that all buildings and works (including site demolition) within the TPZs of the trees do not adversely impact their health or stability now or into the future.

c) All buildings and works for the demolition of the site and construction of the development (as shown on the endorsed plans) must not alter the existing ground level or topography of the land within greater than 10% of the TPZs of Trees 3, 5, 6, 7, 8, 9, 10, 12 and 13.

d) Any root severance must be approved and undertaken by the Project Arborist using clean, sharp and sterilised tree root pruning equipment. There must be no root severance within the SRZ of any tree shown on the endorsed plans.

e) The project arborist and builder must ensure that TPZ Fencing Conditions are being adhered to throughout the entire building process, including site demolition, levelling and landscape works.

8. Provision must be made for the drainage of the land including landscaped and pavement areas, to the satisfaction of the Responsible Authority.

Car Parking

9. Prior to the commencement of any buildings or works, a Car Parking Management Plan, detailing how car and bicycle parking areas, accessways and waste collection bays will be allocated and managed, must be submitted to and approved by Responsible Authority.This plan is to be to the satisfaction of the Responsible Authority and must include, but is not limited to, the following:

a) Allocation of all parking spaces (except visitor spaces) to individual dwellings and procedures to allocate disabled car spaces to residents/visitors as required.

b) Pedestrian access and movement within the car parking areas, including strategies to minimise the potential for conflict between pedestrians and vehicles. This may include line marking such as hatched shared areas, direction signs and/or physical barriers.

c) Allocation of bicycle spaces to tenancies and visitors.

d) Directional signs to car and bicycle parking spaces and facilities.

e) Location of bicycle parking signs in accordance with Clause 52.34-5.

f) Line marking of parking spaces.

g) How parking will be secured and details of how access to car spaces, disabled car spaces and bicycle spaces will be achieved by visitors and delivery vehicles as required (via an intercom).

h) Details of how access to the waste collection areas will be achieved by waste collection vehicles and how these areas will be secured.

i) Advise where delivery vehicles and moving vans serving the dwellings will park. These vehicles must be able to park for a reasonable period of time in convenient locations.

j) How the car park will be managed to ensure that all vehicles exit the site in a forwards direction.

Once submitted to and approved by the Responsible Authority, the Car Parking Management Plan will form part of the documents endorsed as part of this planning permit.

The requirements of the Car Parking Management Plan must be implemented by the building manager, owners and occupiers of the site for the life of the building, to the satisfaction of the Responsible Authority.

10. Before the building is occupied, the areas set-aside for the parking of vehicles, together with associated driveways and access lanes as shown on the endorsed plans must be:

a) Constructed in accordance with the endorsed plans.

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

c) Surfaced with an all-weather sealcoat.

d) Drained to the legal point of discharge.

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

11. Car parking spaces, access lanes and driveways must be maintained (including line marking) and kept available for these purposes at all times.

12. The car parking spaces for disabled persons designated on the endorsed plans must be clearly set aside for such a purpose and must not be used for any other purpose.

13. The medical centre operator under this permit must make all reasonable attempts to ensure that no vehicles under their control, or those of medical centre staff, are parked in the streets near the land, to the satisfaction of the Responsible Authority.

14. The car parking provided on the land must always be available for use by persons employed on, or visiting, the premises. Access to the car park must not be restricted for such persons.

15. The car parking area must be lit if in use during hours of darkness. All lights must be designed, fitted with suitable baffles and located to prevent any adverse effect outside of the boundaries of the land to the satisfaction of the Responsible Authority.

16. In areas set aside for car parking, measures must be taken to prevent damage to landscaped areas, to the satisfaction of the Responsible Authority.

Department of Transport Condition (Department of Transport Reference: 29739/19-A)

17. All vehicles must enter and exit the site in a forward direction at all times.

Waste Management Plan

18. Prior to the commencement of any buildings or works, an amended Waste Management Plan (WMP) must be submitted to and approved by the Responsible Authority. This WMP must be generally in accordance with the WMP submitted with the application but amended to show:

a) MGB that allows access to all of the bins.

b) Adequate size to allow easy movement/transfer of the required number of MGBs.

c) Adequate space for MGB’s and for bulk items cardboard etc).

d) Secure location.

e) Vermin proof.

f) Adequate lighting.

g) Adequate drainage.

h) MGB washing facilities.

i) Storage for MGB tug device.

19. The requirements of the endorsed Waste Management Plan, forming part of this permit, must be implemented by the building manager, owners and occupiers of the site for the life of the building, to the satisfaction of the Responsible Authority.

Amenity

20. The amenity of the area shall not be detrimentally affected by the use or development, through:

a) Transportation of materials, goods or commodities to or from the land.

b) Appearance of any building, works or materials.

c) In any other way.

21. The development and use of the site must not cause nuisance or be detrimental to the amenity of the neighbourhood by the emission of noise. Noise emissions from the proposed development must not exceed the limits set out in the Environmental Protection Authority’s State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No-N1. (Sepp N1).

Medical Centre Use

22. The use of land for the purpose of a medical centre can occur only between the following hours:

a) 9.00am to 7.00pm Monday to Friday.

b) 9.00am to 1.00pm Saturday and Sundays.

23. The maximum number of practitioners permitted on site at any one time is four (4).

Expiry

24. This permit will expire if one of the following circumstances applies:

a) The development is not commenced within two (2) years from the date of issue of this permit;

b) The use is not commenced within two (2) years from the date of issue of this permit;

The development is not completed within five (5) years from the date of this permit;

C Has made this decision having particular regard to the requirements of Sections 58, 59, 60 and 61 of the Planning and Environment Act 1987.

Council Resolution

Moved by Cr Massoud, Seconded by Cr Munroe

That Council:

A Being the Responsible Authority, having caused Application WH/2019/112 for 201 Canterbury Road, BLACKBURN (LOT 1 LP 87509) to be advertised and having received and noted the objections is of the opinion that the granting of a Planning Permit for the ‘Use and Development of Land for the Purpose of a Medical Centre, Removal of Vegetation and Alteration of Access to a Road in a Road Zone, Category 1’ is acceptable and should not unreasonably impact the amenity of adjacent properties.

B Issue a Notice of Decision to Grant a Permit under the Whitehorse Planning Scheme to the land described as 201 Canterbury Road, BLACKBURN (LOT 1 LP 87509) for the ‘Use and Development of Land for the Purpose of a Medical Centre, Removal of Vegetation and Alteration of Access to a Road in a Road Zone, Category 1’, subject to the following conditions:

a) The provision of a ‘No Right Turn’ sign located at the site frontage, adjacent to the access way.

b) The provision of a 600mm wide landscape buffer adjoining the western title boundary between car parking spaces 1 to 7.

c) All car parking spaces (excluding the two disabled parking spaces) to be formed on a permeable surface.

d) An amended landscape plan showing:

i. The provision of at least two (2) Silver-leafed Stringybarks, (Eucalyptus cephalocarpa) in place of two (2) Lightwoods (Acacia implexa).

ii. The removal of Tree 8 – Pittosporum undulatum (Sweet Pittosporum) and replacement planting of an Acacia melanoxylon (Blackwood)

iii. The provision of a 600mm wide landscape buffer adjoining the western title boundary between car parks 1 to 7, provisional with screening vegetation capable of growing to a height of 1.8 metres at maturity.

iv. All car parking spaces (excluding the two disabled parking spaces) to be formed on a permeable surface.

All to the satisfaction of the Responsible Authority.

Landscaping

3. The provisions, recommendations and requirements of the landscape plan must be implemented and complied with to the satisfaction of the Responsible Authority.

a) Irrigation system/program for street trees and street level garden beds, including details of frequency and water delivery method.

b) Details of the ongoing maintenance procedures to ensure that the garden areas are healthy and well maintained to the satisfaction of the Responsible Authority. This must include:

i. Irrigation frequency and delivery method.

ii. Drainage.

a) Compliance with the provisions, recommendations and requirements of the endorsed Landscape Plan;

b) Compliance so that areas set aside on the endorsed Landscape Plan for landscaping are not be used for any other purpose; and

c) Replacement of any dead, diseased, dying or damaged plants, to the satisfaction of the Responsible Authority.

At all times, the landscaping must be maintained to the satisfaction of the Responsible Authority.

a) Tree protection zone distances:

i. Tree 3 – 4.9 metre radius from the centre of the tree base.

ii. Tree 5 – 2.8 metre radius from the centre of the tree base.

iii. Tree 6 – 3.0 metre radius from the centre of the tree base.

iv. Tree 7 – 2.6 metre radius from the centre of the tree base.

v. Tree 9 – 2.0 metre radius from the centre of the tree base.

vi. Tree 10 – 12.0 metre radius from the centre of the tree base.

vii. Tree 12 – 6.7 metre radius from the centre of the tree base.

viii. Tree 13 – 3.6 metre radius from the centre of the tree base.

7. During the construction of any buildings or works, the following tree protection requirements must be carried out to the satisfaction of the responsible Authority:

a) A project arborist must be appointed by the applicant or builder and Council must be informed in writing of who the project arborist is and their qualifications. Any Qualifications must read ‘Arboriculture’ for example ‘Diploma in Horticulture (Arboriculture)’. The project arborist must have a minimum Diploma qualification in arboriculture to be appointed as the project arborist. The qualifications of the project arborist must be to the satisfaction of the Responsible Authority (RA).

b) The Project Arborist must supervise all approved works within the TPZs of Trees 3, 5, 6, 7, 9, 10, 12 and 13. The project Arborist must ensure that all buildings and works (including site demolition) within the TPZs of the trees do not adversely impact their health or stability now or into the future.

8. Provision must be made for the drainage of the land including landscaped and pavement areas, to the satisfaction of the Responsible Authority.

Car Parking

a) Allocation of all parking spaces (except visitor spaces) to individual dwellings and procedures to allocate disabled car spaces to residents/visitors as required.

c) Allocation of bicycle spaces to tenancies and visitors.

d) Directional signs to car and bicycle parking spaces and facilities.

e) Location of bicycle parking signs in accordance with Clause 52.34-5.

f) Line marking of parking spaces.

g) How parking will be secured and details of how access to car spaces, disabled car spaces and bicycle spaces will be achieved by visitors and delivery vehicles as required (via an intercom).

h) Details of how access to the waste collection areas will be achieved by waste collection vehicles and how these areas will be secured.

i) Advise where delivery vehicles and moving vans serving the dwellings will park. These vehicles must be able to park for a reasonable period of time in convenient locations.

j) How the car park will be managed to ensure that all vehicles exit the site in a forwards direction.

Once submitted to and approved by the Responsible Authority, the Car Parking Management Plan will form part of the documents endorsed as part of this planning permit.

10. Before the building is occupied, the areas set-aside for the parking of vehicles, together with associated driveways and access lanes as shown on the endorsed plans must be:

a) Constructed in accordance with the endorsed plans.

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

c) Surfaced with an all-weather sealcoat.

d) Drained to the legal point of discharge.

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

11. Car parking spaces, access lanes and driveways must be maintained (including line marking) and kept available for these purposes at all times.

12. The car parking spaces for disabled persons designated on the endorsed plans must be clearly set aside for such a purpose and must not be used for any other purpose.

14. The car parking provided on the land must always be available for use by persons employed on, or visiting, the premises. Access to the car park must not be restricted for such persons.

16. In areas set aside for car parking, measures must be taken to prevent damage to landscaped areas, to the satisfaction of the Responsible Authority.

Department of Transport Condition (Department of Transport Reference: 29739/19-A)

17. All vehicles must enter and exit the site in a forward direction at all times.

Waste Management Plan

a) MGB that allows access to all of the bins.

b) Adequate size to allow easy movement/transfer of the required number of MGBs.

c) Adequate space for MGB’s and for bulk items cardboard etc).

d) Secure location.

e) Vermin proof.

f) Adequate lighting.

g) Adequate drainage.

h) MGB washing facilities.

i) Storage for MGB tug device.

Amenity

20. The amenity of the area shall not be detrimentally affected by the use or development, through:

a) Transportation of materials, goods or commodities to or from the land.

b) Appearance of any building, works or materials.

c) In any other way.

Medical Centre Use

22. The use of land for the purpose of a medical centre can occur only between the following hours:

a) 9.00am to 7.00pm Monday to Friday.

b) 9.00am to 1.00pm Saturday and Sundays.

23. The maximum number of practitioners permitted on site at any one time is four (4).

Expiry

24. This permit will expire if one of the following circumstances applies:

a) The development is not commenced within two (2) years from the date of issue of this permit;

b) The use is not commenced within two (2) years from the date of issue of this permit;

The development is not completed within five (5) years from the date of this permit;

C Has made this decision having particular regard to the requirements of Sections 58, 59, 60 and 61 of the Planning and Environment Act 1987.

Carried Unanimously

MELWAYS REFERENCE 62 B1

Applicant: Ario Arc Pty Ltd

Zoning: Neighbourhood Residential Zone – Schedule 1 (NRZ1)

Overlays: Significant Landscape Overlay – Schedule 2 (SLO2)

Relevant Clauses:

Clause 11 Settlement

Clause 12 Environment and Landscape Values

Clause 15 Built Environment and Heritage

Clause 17 Economic Development

Clause 18 Transport

Clause 19 Infrastructure

Clause 21.03 A Vision for the City of Whitehorse

Clause 21.03 Strategic Directions

Clause 21.05 Environment

Clause 22.04 Tree Conservation

Clause 22.05 Non-Residential Uses in Residential Areas

Clause 32.09 Neighbourhood Residential Zone – Schedule 1

Clause 42.03 Significant Landscape Overlay – Schedule 2

Clause 52.06 Car Parking

Clause 52.29 Land Adjacent to a Road in a Road Zone, Category 1

Clause 65 Decision Guidelines

Ward: Central

BACKGROUND

History

Planning Permit application WH/2017/856 was lodged on 23 October 2017 and sought approval for the ‘Construction of Three (3) Double Storey Dwellings, Alterations of Access to a Road Zone, Category 1 and Vegetation Removal. ’This application was subsequently withdrawn on 18 April 2018 at the request of the applicant.

The Site and Surrounds

The subject site is located on the north side of Canterbury Road in Blackburn, approximately 320 metres east of the intersection with Blackburn Road and 1.1 kilometres west of intersection with Springvale Road. The Forest Hill Chase Shopping Centre is located on Canterbury Road, approximately 250 metres to the east of the site.

The site has a total site area of 1,457 square metres with a frontage of 20.534 metres to Canterbury Road and a maximum depth of 71.27 metres. The site maintains a moderate slope of approximately 3 metres from front (south) to rear (north) and is encumbered by a 2.44 metre wide drainage easement located along the eastern boundary of the property.

The site currently contains a detached, single storey brick dwelling with a pitched tile roof, located towards the rear of the site, as well as a number of detached outbuildings and in-ground swimming pool. The site is accessed via an existing crossover located centrally to the frontage, with a gravel permeable driveway into Canterbury Road.

The Masons Road Flood Retarding Basin adjoins the site to the immediate north (rear) comprising a significant open space area running from Lagoona Court in the west to Forest Road in the east. The Masons Road Flood Retarding Basin contains a significant number of indigenous plant species and canopy trees.

The surrounding properties are residential in nature comprising of single and double storey dwellings set on large allotments with the majority of these containing relatively substantive canopy trees and canopy coverage.

The arborist report prepared for the applicant by Tree Space in July 2019 provides an assessment of fourteen (14) trees. Of these eleven (11) trees are located within the subject site, and these are mainly of good health and fair structure. Two trees are in excess of 20 metres in height which are as follows:

· Tree 1 - Corymbia maculata (Spoted Gum) – 27 metres in height, 20+ years ULE, located within the site frontage.

· Tree 12 - Eucalutpus tricarpa (Red Iron Bark) – 20 metres in height, 20+ years ULE, located within the site frontage.

Three (3) canopy trees are located on adjoining residential properties. Most notably there is a well-established Eucalyptus botryoides (Southern Mahogany) located within the south-western quadrant of No. 203 Canterbury Road.

Trees numbered 1, 2, 3 (adjoining property), 4, 5, 6, 7, 8, 9, 10 (adjoining property), 12 and 13 (adjoining property) are protected under the Significant Landscape Overlay- Schedule 2. A table summarising the affected trees on the subject site and adjacent lots are included under the Planning Controls heading below.

Planning Controls

The proposal triggers the need for a Planning Permit under the following clauses of the Whitehorse Planning Scheme:

Neighbourhood Residential Zones (Schedule 1)

Pursuant to Clause 32.09-2 (Neighbourhood Residential Zone) a permit is required to use land for the purpose of a medical centre.

Significant Landscape Overlay (Schedule 2)

Pursuant to Clause 42.03:

· A permit is required to remove, destroy or lop a tree (subject to exemptions);

· A permit is required to construct a front fence that is within 4 metres of any protected vegetation (subject to exemptions); and

· A permit is required to construct or carry out buildings and works (subject to exemptions).

The proposal impacts protected trees as summarised in the table below:

Tree No.	Botanical Name	Common Name	Height	Trigger under SLO2
1	Corymbia maculata	Spotted Gum	27m	Removal
2	Pittosporum undulatum	Sweet Pittosporum	6m	Removal
3	Eucalyptus leucoxylon	Yellow Gum	7m	Buildings and works within 4m (adjoining property)
4	Eucalyptus botryoides	Southern Mahogany	9m	Removal
5	Eucalyptus floribunda	Rough Barked Apple	5m	Buildings and works within 4m
6	Eucalyptus botryoides	Southern Mahogany	12m	Buildings and works within 4m
7	Eucalyptus botryoides	Southern Mahogany	14m	Buildings and works within 4m
8	Pittosporum undulatum	Sweet Pittosporum	4m	Buildings and works within 4m
10	Eucalyptus botryoides	Southern Mahogany	22m	Buildings and works within 4m (adjoining property)
12	Eucalyptus tricarpa	Red Ironbark	20m	Buildings and works within 4m
13	Lophostemon confertus	Brush Box	12m	Buildings and works within 4m (adjoining property)
14	Lophostemon confertus	Brush Box	5m	Removal

Schedule 2 to the Significant Landscape Overlay, as well as triggers for impacts to vegetation, sets out a number of permit triggers for buildings and works,

The following triggers are relevant to the current application

Permit trigger	Proposal
The building is no higher than two storeys or 9 metres.	The new building addition is no higher than two storeys or 9 metres. No permit required.
The building is set back at least 9 metres from the front boundary for a single storey building or 11 metres for a two-storey building.	The new building addition is setback in addition of 11 metres from street frontage. No permit required.
The building (except for a garage) is set back at least 1.2 metres from any other boundary for a building wall height of no more than 3.6 metres or 1.5 metres plus half the building wall height if the building wall height is more than 3.6 metres	The new building addition is setback 1.2 metres from the side boundary. No permit required.
The building is less than 33 per cent of the site area at ground level and 25 per cent of the site area at first floor level, excluding hard surfaces and impervious areas.	The building (inclusive of addition) is less than 33 per cent of the site area. No permit required.
Hard surfaced and impervious areas (including tennis courts and swimming pools, but excluding buildings) are less than 17 per cent of the site area.	Hard surfacing and impervious areas (excluding buildings) exceed 17 per cent of the site area Permit required.
The total area of all buildings and hard surfaces and impervious areas (including tennis courts and swimming pools are less than 50 per cent of the site area.	The total area of all buildings and hard surfaces exceeds 50 per cent of the site area. Permit required.

Road Zone, Category 1

Pursuant to Clause 52.29 (Land Adjacent to a Road Zone, Category 1) a permit is required to create or alter access to a road in a Road Zone, Category 1.

PROPOSAL

The application proposes the use of the land for a medical centre, the extension to the existing building, the provision of hard-stand for car parking, the removal of trees from the site, other buildings and works and associated landscaping.

Use

The application seeks to convert the existing dwelling into a medical centre, comprising of four practitioners at any given time, as well as two receptionists. The medical centre will operate Monday to Friday 9:00am to 6:00pm and Saturday and Sunday 9:00am to 1:00pm.

The medical centre will provide general physician services, as well as offering on site specialist services.

Buildings and Works

The application proposes a variety of buildings and works across the site, including:

· Alterations and additions to the existing building, including the provision of an exercise and physiotherapist room; a ramp and refined entry point and internal alterations to cater for the proposed medical centre land use;

· The provision of 12 car parking spaces (including two disabled spaces) to the site frontage and rear, with associated access way and turning areas;

· The provision of a bicycle parking space to the northern side of the building; and

· The provision of a permeable pedestrian pathway and timber sleeper retaining wall to the eastern side of the building. The application seeks to retain the existing swimming pool at the rear of the site.

The proposed works maintain existing building setbacks from the site frontage, with the northern boundary hard stand being located 7.62 metres from the frontage; the southern boundary hardstand being located 19.81 metres from the frontage and the proposed building extension being 27.87 metres from the frontage.

Tree Removal and Landscaping

The application proposes the removal of four (4) trees from the site, each requiring a planning permit for removal under the Significant Landscape Overlay – Schedule 2. The trees are nominated as follows:

· Tree 01 – Corymbia maculata

· Tree 02 – Pittosporum undulatum

· Tree 04 – Eucalyptus botryoides

· Tree 14 – Lophostemon confertus

The application proposes revegetation of the site through the provision of significant canopy and shrubbery landscaping. This includes a number of large trees with established heights in excess of 15 metres as well as some small and medium height shrubbery with established heights between 1 metre and 3 metres at maturity.

CONSULTATION

Public Notice

This application was advertised on 12 June 2019, following which a total of twenty six (26) objections were received. The objections raised issues relating to:

· Removal of vegetation,

· Landscaping opportunities,

· Extent of hard paving,

· Traffic and parking impacts; and

· Lack of consistency with the Significant Landscape Overlay – Schedule 2.

A Consultation Forum was held on 30th July 2019 and chaired by Councillor Munroe, at which the issues were explored, however no resolution was reached between the parties.

Following this, a Section 57A amendment to the application was lodged on 16th October 2019 which sought to address recommendations made by Council’s arborist and concerns raised by Council’s transport department. The Section 57A amendment and relevant documentation was renotified to affected parties with one (1) additional objection and further submissions from existing objectors. The additional objection and further submissions received did not raise additional issues from those originally raised however expressed significant concern toward the proposed removal of Tree 1.

Following completion of re-notification it was identified that the application did not seek approval for use of land for the purpose of a medical centre and as such a further Section 57A Amendment to the application was lodged on 11 February 2020 which sought to amend application so as to allow for use of land for the purpose of a medical centre and a greater landscape response. The Section 57A amendment and relevant documentation and relevant documentation was renotified to affected parties with two (2) additional objections and further submissions received, taking the total number of objections received against application to twenty-nine (29) objections.

Referrals

External

VicRoads

No objections, subject to planning permit conditions

Internal

Transport

No objections, subject to planning permit conditions

Planning Arborist

No objections, subject to planning permit conditions

DISCUSSION

Clause 71.02-3 recognises that planning aims to meet the needs and expectations of societies by addressing aspects of economic, environmental and social wellbeing affected by land use and development.

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

The application has been assessed against the relevant objectives of the Planning Policy Framework and on balance, with consideration of all relevant policies and provisions, plus objectives received through the notification period, is considered to respond appropriately to the key objectives within the policy context.

Consistency with Planning Policy Framework and Local Planning Policy Framework

Planning Policy Framework

The policy at Clause 11.01-1S (Settlement) seeks to promote sustainable growth and development of Victoria and deliver choice and opportunity for all Victorians through a network of settlements. To achieve this objective, the policy has developed strategies that seeks to promote and capitalise on opportunities for urban renewal and infill redevelopment as well as ensure retail, office-based employment, community facilities and services are concentrated in central locations.

Important to this application are the objectives of Clause 12.05-2S (Landscapes) which seek to protect and enhance significant landscapes and open spaces that contribute to character, identity and sustainable environments. To achieve this objective, the policy has developed strategies that seek to ensure that development does not detract from the natural qualities of significant landscape areas and recognise the natural landscape for its aesthetic value and as a fully functioning system.

The retention of existing trees and additional canopy planting proposed around the sites front and rear setback areas improves upon the landscape value attributed to the site and surrounds recognised under Clause 12.05-2S and the Significant Landscape Overlay.

Clause 15.01-1S (Urban Design) and Clause 15.01-2S (Building Design) both seek to ensure that the built environment contributes positively to the local context and public realm. Important to this objective are strategies that seek to protect sensitive environs from inappropriate development, and encourage new development to retain existing vegetation.

Clause 17.01-1S (Diversified Economy) seeks to strengthen and diversify the economy by facilitating growth in a range of employment sections, which includes health as well as improving access to jobs closer to where people live.

At a local level, the proposal responds to the policy objectives at Clause 17.01-1S by facilitating growth in the health sector and providing potential local job opportunities for the municipality.

Clause 18.02-4S (Car Parking) seeks to ensure an adequate supply of car parking that is appropriately design and located. This is of particular importance for this application, noting that the car park must be designed to minimise the impact of existing vegetation whilst provide an adequate supply of spaces that are safe and efficient to manoeuvre.

The proposal seeks to supply the required number of car parking spaces on the site in association with a medical centre, meeting the objective of Clause 18.02-4S.

Finally, Clause 19.02-1S (Health Facilities) seeks to assist the integration of health facilities with local and regional communities. To achieve this objective, the policy has developed strategies that seek to facilitate the location of health and health-related facilities taking into account demographic trends, the existing and future demand requirements and the integration of services into communities as well as provide adequate car parking for staff and visitors of health facilities.

The proposal seeks to provide health services through the provision of a medical facility along a key arterial road (Canterbury Road), improving access to health facilities within the local community in accordance with Clause 19.02-1S.

Local Planning Policy Framework

The Strategic Framework Plan at Clause 21.04 (Strategic Directions) of the Municipal Strategic Statement (MSS) identifies the site and its surrounds as being within a ‘significant landscape area’

Clause 21.05 (Environment) sets out a number of strategies in respect of the environment. Amongst others, these seek to ensure that development is of a high quality design that is compatible with the character of the area; adequate open space and landscaping is provided for new development; and that upper canopy trees are planted to enhance the character. Appropriate development which responds to environmental characteristics is encouraged.

The MSS addresses non-residential uses at Clause 21.06-7 (Non-Residential Uses). The key issues include ensuring development is designed in a manner which integrates the use and the built form into the residential environment, and ensuring there is no detriment to the community or surrounding residential amenity. The objectives refer to buildings integrating with and respecting the surrounding neighbourhood character. A related strategy is to apply the Neighbourhood Character Precinct Brochures with Preferred Character Statements and Design Guidelines to provide guidance for future non-residential development in residential areas

The Whitehorse Neighbourhood Character Study (2014) includes the site within a Bush Environment Precinct. The preferred character statement for this precinct reads:

The streetscapes will be dominated by vegetation with subservient buildings frequently hidden from view behind vegetation and tall trees. The buildings will nestle into the topography of the landscape and be surrounded by bush-like native and indigenous gardens, including large indigenous trees in the private and public domains. Buildings and hard surfaces will occupy a very low proportion of the site. They will be sited to reflect the prevailing front, rear and side setbacks. The larger rear setbacks will accommodate substantial vegetation including large canopy trees. The bushy environs are complemented by a lack of front fencing and street trees. Properties abutting and close to creeks and lake environs will contain more indigenous trees and shrubs that act in part as wildlife corridors. This precinct is identified for the lowest scale of intended residential growth in Whitehorse (Limited Change area) and the preservation of its significant landscape character and environmental integrity is the highest priority

The Tree Conservation Policy at Clause 22.04 (Tree Conservation) in its objectives refer to minimising the loss of significant trees; ensuring new development does not detract from the natural environment and ecological systems; and promoting the regeneration of tall trees through the provision of adequate open space and landscaping areas in new development. Policy and performance standards in respect of tree retention and tree regeneration are provided within the Clause and will be discussed within the assessment section of this report.

The removal of Tree 1, has been assessed as acceptable on the basis that it results in an improved car parking layout; improved area for substantial planting and lastly the retention of tree 12, which is considered to offer moderate amenity value and achieves the objectives outlined under Clause 22.04. It is this balance between tree retention, appropriate buildings and works and replanting that the Clause seeks to achieve.

Direction for non-residential uses in the municipality’s residential areas is provided at Clause 22.05 (Non-Residential Uses in Residential Areas). The objectives of this policy are:

· To make provision for services and facilities demanded by local communities in a way that does not detract from the amenity of the area.

· To avoid the concentration of non-residential uses where it would:

o Have off-site effects which are detrimental to residential amenity.

o Create a defacto commercial area.

o Isolate residential properties between non-residential uses.

o To ensure that the design, scale and appearance of non-residential premises reflects the residential character and streetscape of the area.

o To ensure that the location of the use is appropriate to the role and function of the road network and that adequate provision is made for onsite car parking.

The significant front and rear setbacks proposed on the site maintain a sense of spaciousness around the periphery of the site, ensuring that the building responds positively to the existing low-scale context of the ‘bush environs’ precinct whilst providing opportunity for substantial planting, all in accordance with the policy provisions of Clause 22.05.

Upon maturity the proposed tree canopy, together with the existing tree canopy, will create a native bushland garden setting and soften the built form from the streetscape, achieving consistency with Clause 21.06-4, Clause 22.04 and Clause 22.05 by meeting the preferred character statement which seeks to hide building form behind vegetation and tall trees, ensuring that visual amenity impacts to the street are mitigated.

Buildings and Works

The proposal includes various works associated with the medical centre land use on the site.

The works specifically include the following:

· The provision of 12 car parking spaces (including two disabled spaces) to the site frontage and rear, with associated access way and turning areas;

· The provision of a bicycle parking space to the northern side of the building; and

· The provision of a permeable pedestrian pathway and timber sleeper retaining wall to the eastern side of the building.

Overall, it is considered that the works proposed are suitable for the site within the SLO2, with the building maintaining a significant front setback from the frontage and inconspicuous profile due to the contemporary form and single storey height of the proposed extension to limit dominance within the existing landscaping setting.

The proposed access way and car parking area within the site frontage and rear has been sited appropriately to minimise impact to vegetation where possible, with the removal of three (3) trees from the frontage only. Whilst this includes the removal of a large Corymbia maculata (identified as a Corymbia citriodora by the Blackburn and District Tree Preservation Society Inc.), this is not considered unreasonable as it allows for the retention of the mature Eucalyptus tricarpa. Further, the replanting response as demonstrated within the landscape plan includes the provision of significant canopy replacement across the site within well-proportioned setback areas to improve growth to maturity.

Whilst the proposed car parking and access way exceeds the minimum permit trigger threshold for permeability, this is not considered unreasonable on the basis that the spaces are sited to avoid excessive dominance to the streetscape and to the rear boundary interface with the retarding basin.

The impact of tree removal and proposed landscaping will be discussed separately below.

Tree Removal

The application proposes the removal of three trees from the site, each requiring a planning permit for removal under the SLO2. The trees are nominated as follows:

· Tree 01 – Corymbia maculata;

· Tree 02 – Pittosporum undulatum

· Tree 04 – Eucalyptus botryoides

· Tree 14 – Lophostemon confertus

The specific details of each tree (based on the submitted arborist report) is identified below:

Tree	Botanical name	DBH (cm)	Height (m)	Canopy Width	Age / ULE	Health	Structure	Condition/ Description	Amenity value
1	Corymbia maculate (Spotted gum)	76	27m	10m	Mature 20+	Good	Good/fair	Irregular form. Numerous large failures.	High-Moderate
2	Pittosporum Undulatum (Sweet Pittosporum)	37	6m	8m	Mature 0	Good	Fair	Self-seeded weed species located beside west boundary and Tree 1 within site.	Low
4	Eucalytpus botryoides (Southern Mahogany)	51	9m	6m	Over-mature 1-5	Fair	Poor	Poorly formed tree with numerous failures located beside entry.	Medium
14	Lophostemon confertus (Brush Box)	20	5m	3m	Semi-mature 20+	Good	Good	Centrally located within the site adjacent to northern side of dwelling.	Moderate

These trees are all located within the site frontage, and required for removal due to the works proposed for the car park and access way. Trees 2 and 4 are not considered to be of high amenity value, and are much smaller in height and spread, thus not providing a density in foliage that would enhance or form part of the significant landscape character of the wider area and streetscape setting.

Tree 1 however is of particular significance due to its high-moderate amenity value, 27m height and 10m spread. Tree 1 is a native species that forms part of the significant landscape character of the wider area and streetscape setting.

Council’s arborist has noted that tree 1 has experienced large tree failures in the past resulting in a top heavy structure with a portion of the upper canopy being made up of epicormic growth. It is further explained that the epicormic growth will increase the likelihood of branch failures and together with the encroachment into the TPZ, will only further increase risk associated with retention.

Council’s arborist has recommended greater effort should be placed into protecting tree 12, a Eucalyptus tricarpa, with a height of 20m and spread of 13m, and moderate amenity value. It has been suggested that with an appropriate layout, this tree could last for a period of 30+ years, providing ongoing character and ecological benefits.

Officers recognise and acknowledge that Tree 1 is of particular significance to objectors, and this has been strongly stated in submissions. It is further acknowledged that the retention of this tree would be preferable if it were of a health and structure that enabled its long term growth and retention. In this circumstance, officers, on arboricultural advice, also consider that tree 12 offers the greater long term landscape impact and efforts to ensure its retention outweigh the ability to retain Tree 1, given its assessment rating.

With the provision of additional replanting and growth, this is considered an appropriate outcome that achieves consistency with the landscape character outcomes sought under the Significant Landscape Overlay (Schedule 2) for vegetation density and protection of habitat.

Landscaping

As described above, the application proposes a number of replacement canopy trees across the site. The table below indicates the tree species proposed for the site, including the quantity and mature height and spread, taken from the proposed landscape plan:

At the frontage, the two (2) Acacia melanoxylon (Blackwood) trees proposed are considered to be adequate replacement trees with mature height of up to 15 metres, which is generally consistent with the height and scale of the Eucalyptus tricarpa tree proposed to be retained as well as others within the streetscape of Canterbury Road at maturity. Notwithstanding this and to ensure an even greater species diversity, a condition will be placed on permit requiring the provision of at least two (2) Silver-leafed Stringybarks, (Eucalyptus cephalocarpa) which are native to the Blackburn area, in place of two (2) of the four (4) Lightwoods (Acacia implexa) proposed to be planted.

At the rear, the two (2) Eucalyptus radiata (Narrow Leaved Peppermint) and one (1) Elaeocarpus reticulatus (Dwarf Blueberry Ash) proposed are appropriate canopy additions where there was previously no significant landscaping at the rear of the site. These trees are located to form a nexus between the site and abutting retarding basin, creating a distinct spine of open space with native species. The proposed trees maintain a consistent height and scale to those within the retarding basin to form a distinct canopy view line from the Canterbury Road streetscape at maturity.

In addition to the larger sized canopy trees, the proposal also affords a number of other tree species such as the Lightwood or Bottlebrush, with an understorey layer of small to medium sized shrubbery. These are all located within well-proportioned setback areas, to improve growth to maturity.

The proposal meets the tree density guideline under the Significant Landscape Overlay, with 9 trees over 15 metres in height required and 10 trees over 15 metres provided. Whilst it is noted that not all trees are proposed to be planted within an area that is capable of providing for a planting envelope of 50sqm as sought under Clause 22.04 of the Whitehorse Planning Scheme, the landscape plan provides for a well-designed bushland environment with adequate planting envelopes provided throughout the site and a planting scheme that significantly improves the existing landscaping and tree canopy on site.

Car Parking and Road Zone Access

Pursuant to Clause 52.06-5, the car parking rate for a medical centre located within the Principal Public Transport Network is 3.5 spaces to each 100sqm of leasable floor area. As such, a total of 8 car parking spaces are required, with a total of 12 provided on the site (including the provision of two DDA compliant disabled spaces). The proposal exceeds the minimum requirement for car parking under Clause 52.06, and no planning permit is required.

Council’s Transport Engineers have reviewed the submitted plans and assessed that compliance is achieved with the design standards outlined at Clause 52.06-9, ensuing that vehicles can appropriately manoeuvre through the site and enter / exit in a forwards direction.

The provisions of Clause 52.29 applies to land adjacent to a Road Zone, Category 1. The purpose outlined at Clause 52.29 is nominated as follows:

· To ensure appropriate access to identified roads.

· To ensure appropriate subdivision of land adjacent to identified roads.

A permit is required to create or alter access to a road in a road zone, category 1. In Peninsula Blue Developments Pty Ltd v Frankston CC, VCAT considered that clause 52.29 not only applied to a physical change to access, but also to any change to the use or development that may result in changes to the opportunity for traffic to approach or enter the road differently.

This has been a long-standing precedence that is still currently applicable. Whilst the application does not seek to physically alter the current site access, the change in opportunity for traffic to approach or enter the site in terms of volume and frequency due to the proposed medical centre use triggers consideration and thus a planning permit pursuant to Clause 52.29.

The alteration to the site access resultant from the proposal has been reviewed by VicRoads, with no concerns raised subject to planning permit conditions.

CONCLUSION

The proposal for Use and Development of Land for the Purpose of a Medical Centre, Removal of Vegetation and Alteration of Access to a Road in a Road Zone, Category 1 is an acceptable response that satisfies the relevant provisions contained within the Whitehorse Planning Scheme, including the Planning Policy Framework, Local Planning Policies and the Significant Landscape Overlay – Schedule 2.

The application is consistent with the relevant objectives and Decision Guidelines of clauses 22.04 and 42.03. The trees to be removed have been assessed as acceptable for removal based on poor health, structure or amenity value, noting that the loss of Tree 1 will have an impact on how the site presents to Canterbury Rd. The proposal seeks to maintain other significant vegetation on the site, with adequate replanting of large canopy trees, ensuring that the proposal will contribute in the medium to longer term to the existing landscape setting of the bush environment area.

A total of twenty-nine (29) objections were received as a result of public notice and all of the issues raised have been discussed in the report as required.

It is considered that the application should be approved.

Attachment

1 Architectural Plans

2 Landscape Plans

Whitehorse City Council

Council Minutes 25 May 2020

9.1.2 26-28 Wellington Road, BOX HILL (LOT 1 & 2 LP 1974 4)– Development of the land for a 17 storey building containing dwellings and ground floor Food and Drinks Premises (Cafe) and associated buildings and works.

FILE NUMBER: WH/2018/743
ATTACHMENT

SUMMARY

This application was advertised, and a total of 7 objections were received. The objections raised issues with overdevelopment of the site; traffic impacts; overshadowing; overlooking & loss of privacy; wind impacts; impact on existing services; noise associated with construction and glare from building materials. A Consultation Forum was held on 18/12/2019 chaired by Councillor Barker, at which the issues were explored, however no resolution was reached between the parties. This report assesses the application against the relevant provisions of the Whitehorse Planning Scheme, as well as the objector concerns. It is recommended that the application be supported, subject to conditions.

Motion

Moved by Cr Liu, Seconded by Cr Barker

That Council:

A Being the Responsible Authority, having caused Application WH/2018/743 for 26-28 Wellington Road, BOX HILL (LOT 1 & 2 LP 1974 4) to be advertised and having received and noted the objections is of the opinion that the granting of a Planning Permit for the Development of the land for a 17 storey building containing dwellings and ground floor Food and Drinks Premises (Cafe) and associated buildings and works is acceptable and should not unreasonably impact the amenity of adjacent properties.

B Issue a Notice of Decision to Grant a Permit under the Whitehorse Planning Scheme to the land described as 26-28 Wellington Road, BOX HILL (LOT 1 & 2 LP 1974 4) for the Development of the land for a 17 storey building containing dwellings and ground floor Food and Drinks Premises (Cafe) and associated buildings and works subject to the following conditions:

1. Before the development starts, but excluding the works detailed in the Early Works Plan, amended plans must be submitted to and approved by the Responsible Authority in a digital format. Once approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale, with dimensions, and be generally in accordance with the decision plans but modified to show:

a) The following changes as shown in the discussion plans from Peddle Thorp Architects dated February, 2020 (Revision 4):

i. Communal laundry facilities located in Basement level 1;

ii. Provision for informal delivery arrival/parking areas adjacent to southern laneway;

iii. Communal space at rooftop level amended to include meeting room space;

iv. HVAC systems provided for levels 10-15;

v. Six electric vehicle parking bays and associated charging facilities;

vi. Revised colours and materials schedule.

But further modified to show:

b) The northern boundary delineated with a 1.8m high, visual solid fence;

c) East-facing bedroom windows associated with the north-western corner of the development treated with fixed, obscure glazing to a height of 1.7m or otherwise designed to avoid unreasonable overlooking to the satisfaction of the Responsible Authority;

d) At first floor and above, any north-facing habitable room windows or balconies located less than 4.5m from the northern boundary treated with 1.7m high, fixed obscure glazing or other treatments to avoid unreasonable overlooking to the satisfaction of the Responsible Authority;

e) At first floor and above, any south-facing habitable room windows or balconies located less than 4.5m from the center line of the adjoining laneway treated with 1.7m high, fixed obscure glazing or other treatments to avoid unreasonable overlooking to the satisfaction of the Responsible Authority;

f) At first floor and above, any east-facing habitable room windows or balconies located less than 4.5m from the eastern boundary treated with 1.7m high, fixed obscure glazing or other treatments to avoid unreasonable overlooking to the satisfaction of the Responsible Authority;

g) Balconies to meet the dimensions under Standard D19 – Private open space at clause 58 of the Whitehorse Planning Scheme. Any changes required to achieve compliance with this condition must not result in living room areas which trigger a variation to Standard D24 – Functional layout to the satisfaction of the Responsible Authority;

h) No additional overshadowing to the concrete footpath on the western side of Wellington Road by 10:00am on the 22nd of September to the satisfaction of the Responsible Authority. The changes to achieve this outcome must not result in the loss of any communal facilities from the building;

i) All tandem car parking spaces being allocated to a single tenancy or dwelling;

j) Detailed drawings, reports or other material for the north-facing, on-boundary wall to demonstrate a high-quality outcome which may include, but is not necessarily limited to murals or mosaic treatments;

k) Any changes required to reflect the approved Façade Strategy under condition 6 of this permit;

l) Any changes required to reflect the approved Wind Impact Assessment under condition 9 of this permit;

m) Development plans to reflect all sustainability features indicated in the submitted amended Sustainability Management Plan (SMP). Where features cannot be visually shown, include a notes table / ‘ESD Schedule’ providing details of the requirements. The plans are to be generally in accordance with the plans submitted with the application but modified to show:

i. Water-sensitive urban design measures as required to achieve a STORM Rating of at least 100% or equivalent, including a rainwater tank sufficiently sized, plumbed to all toilets and laundry areas, as well as, indicative pump and maintenance access shown on Development Plans.

ii. Design measures as identified in the BESS Report, as required to exceed an acceptable overall 50% score and exceed the ‘pass’ marks in the categories of Water, Energy Stormwater and Indoor Environment Quality (IEQ).

iii. Floor plans for all floors.

iv. All operable windows, doors, winter garden openings and vents in elevation drawings.

v. Include glazing specifications for all residential glazing, including solar heat gain coefficient (SHGC), visual light transmittance (VLT) and U-value. Ensure that such values are consistent with Daylight Modelling, Preliminary Section J / JV3 and Preliminary NatHERS Energy Efficiency Modelling inputs.

vi. Any exterior building services equipment, including any heating, cooling, ventilation, hot water and renewable energy systems.

viii. Include an annotation of the timber species intended for use as decking or outdoor timber, noting that unsustainably harvested imported timbers must not be used.

2. The use and development as shown on the endorsed plans must not be altered (unless the Whitehorse Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.

Landscaping

3. Before the building is occupied, or by such later date as approved in writing by the Responsible Authority, the landscaping works shown on the endorsed Landscape Plan must be carried out and completed to the satisfaction of the Responsible Authority. The landscaping shown on the endorsed Landscape Plan must be maintained by:

a) Implementing and complying with the provisions, recommendations and requirements of the endorsed Landscape Plan;

b) Not using the areas set aside on the endorsed Landscape Plan for landscaping for any other purpose; and

c) Replacing any dead, diseased, dying or damaged plants,

to the satisfaction of the Responsible Authority.

Car Park Management Plan

4. Before the development commences, but excluding the works detailed in the Early Works Plan, a Car Park Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Car Park Management Plan will be endorsed and will form part of this permit. The Car Park Management Plan must address, but not be limited to, the following:

a) Parking allocations to demonstrate no reduction to car parking rates under clause 52.06 or Schedule 1 to the Parking Overlay under clause 45.09 of the Whitehorse Planning Scheme for the approved development;

b) Identifying (including number and location) any tandem parking spaces which must be allocated to a single tenancy or dwelling;

c) The management of visitor car parking spaces and security arrangements for occupants of the development, including details on how residential visitors are to access car parking;

5. The provisions, recommendations and requirements of the endorsed Car Park Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.

Façade strategy

6. Prior to the endorsement of plans under condition 1, a Façade Strategy must be submitted to and be to the satisfaction of the Responsible Authority. When approved this will form part of the endorsed plans. All materials, finishes and colours must be in conformity with the approved Façade Strategy to the satisfaction of the Responsible Authority. The Facade Strategy for the development must be generally in accordance with plans prepared by Peddle Thorp Architect dated June 2019 and detail:

a) A concise description by the architect of the building design concept and how the façade works to achieve this.

b) Schedule of colours, materials and finishes, including the colour, type and quality of materials showing their application and appearance. This can be demonstrated in coloured elevations or renders from key viewpoints, to show the materials and finishes linking them to a photographic quality sample board with clear coding.

c) External building materials and finishes not resulting in hazardous or uncomfortable glare to pedestrians, public transport operators and commuters, motorists, aircraft, or occupants of surrounding buildings and public spaces to the satisfaction of the Responsible Authority;

i. Issues relating to glare and reflectivity of chosen building materials must be addressed within a report prepared by a suitably qualified engineer to qualify the outcomes under condition 6(c) of this permit.

d) Elevation details generally at a scale of 1:50 illustrating typical podium details, entries and doors, typical privacy screening and utilities, typical tower detail, glazing, soffit details, window detail and any special features which are important to the building’s presentation.

e) Cross sections or other method of demonstrating the façade systems, including fixing details indicating junctions between materials and significant changes in form and/or material.

f) Information about how the façade will be accessed and maintained and cleaned, including planting where proposed.

g) Example prototypes and/or precedents that demonstrate the intended design outcome indicated on plans and perspective images to produce a high quality built outcome in accordance with the design concept.

Sustainability Management Plan

7. Prior to the endorsement of plans under Condition 1 of this permit, an amended Sustainability Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. Once approved, the amended Sustainable Design Assessment will be endorsed and will form part of this permit. The amended Sustainability Management Plan must be generally in accordance with the Sustainability Management Plan prepared by Sustainable Built Environments and dated 24/6/2019, but modified to include, show or address:

a) A STORM Rating Report or equivalent with a score of at least 100% or equivalent.

b) A complete, published BESS Report, with an acceptable overall score that exceeds 50% and exceed the ‘pass’ marks in the categories of Water, Energy Stormwater and Indoor Environment Quality (IEQ).

c) Provide Preliminary NatHERS Assessments for 10% of the total amount of dwellings a part of the development.

d) Preliminary NatHERS performance to indicate that maximum cooling loads are ≤ 21 MJ/m2/annum per dwelling.

e) Preliminary BCA Section J / JV3 modelling indicating a commitment to achieve at least a 10% improvement on minimum energy efficiency requirements with respect to non-residential areas.

f) Provide glazing specifications including SHGC, VLT and U-values and ensure that such values are consistent with Daylight Modelling, Preliminary Section J / JV3 and Preliminary NatHERS Energy Efficiency Modelling inputs, as well as, Development Plans.

g) Control car park ventilation with CO sensors.

h) Control car park lighting (at least 75% of lighting fixtures) with motion sensors.

i) Commit to controlling all common, service and lift area lighting with sensors/timers.

j) Commit to controlling common, service and lift area ventilation with sensors/timers.

k) Commit to the inclusion of improved energy efficient heating, cooling and hot water systems indicating the associated COP and EER values and star ratings.

l) Commit to the inclusion of water efficient fixtures and appliances indicating the associated WELS ratings.

m) Connect the rainwater tanks to 50% of toilet flushing systems (approximately 130 bedrooms and all non-residential areas) throughout the development.

n) Commit to diverting at least 80% of construction/demolition waste from landfill.

o) Submit a water balance calculation considering integrated water management which justifies the rainwater tank capacity, based on long-term average rainfall data, collection areas and expected end uses, which is in compliance with AS/NZS 6400:2016 of 1 full- and 4 half-flushes per person per day (providing 17.5 L/person/day for a 4 star WELS rated toilet).

i. Rainwater tank size must be selected based on calculations, ensuring adequate reliability of supply is maintained with respect to managing potential overflow and considering the development’s potable water demand, as well as, facilitating requirements for on-site detention to control peak discharge and flow. The rainwater tank must cater for at least 50% of toilet flushing systems – approximately 130 bedrooms and non-residential systems.

8. The provisions, recommendations and requirements of the endorsed Sustainability Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.

Wind impact assessment

9. Prior to the endorsement of plans under Condition 1 of this permit, a Wind Assessment Report to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. Once approved, the amended Wind Assessment Report will be endorsed and will form part of this permit. The report must include Wind tunnel testing to demonstrate the approved design achieving:

a) Walking comfort along Wellington Road and the adjoining laneway;

b) Standing comfort at relevant entrances along Wellington Road;

c) Sitting comfort at where seating is or intended to be provided – particularly at the retail tenancy food and drink area at ground floor;

10. The recommendations within the Wind Impact Assessment Report must be implemented to the satisfaction of the Responsible Authority such that:

a) There is no cost to the Responsible Authority.

b) There is no reliance on the provision of street trees for wind mitigation.

c) There is no reliance on the provision of baffles on public land, except where all appropriate approvals have been obtained from all relevant authorities and land managers and approval also granted by the Responsible Authority.

11. The provisions, recommendations and requirements of the endorsed Wind Assessment Report must be implemented and complied with to the satisfaction of the Responsible Authority.

Lighting plan

12. Before the development commences, a Public Lighting Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The Public Lighting Plan must address lighting along the southern adjoining laneway between Wellington Road and the south-eastern corner of the subject site. When approved, the Public Lighting Plan will be endorsed and will form part of this permit. The Public Lighting Plan must provide for:

a) Lighting to the adjoining laneway for the length of the subject site;

b) A lighting scheme designed for both public highway and new open public area/road/open space within the curtilage of the property that complies with uniformity requirements as per standard AS1158.3.1;

c) The control of light spillage into the windows of existing and proposed residences to comply with the requirements of AS 4282 – 1997,” Control of the obtrusive effects of outdoor lighting”;

d) Lighting to all pedestrian access points to a residential property to satisfy at least level P4 as per AS 1158.3.1;

e) A maintenance regime for the lighting scheme within the curtilage of the property.

f) The use of energy efficient luminaries and/or solar lighting technologies to reduce carbon emission if possible.

13. The provisions, recommendations and requirements of the endorsed Public Lighting Plan must be implemented and complied with at no cost to Council and to the satisfaction of the Responsible Authority.

Waste Management Plan

14. Before the development commences, a Waste Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. Once approved, the Waste Management Plan will be endorsed and will form part of this permit.

Use conditions

15. Except with the prior written consent of the Responsible Authority the Food and drinks premises authorised by this permit may only operate between the hours of 7:00am to 10:00pm – Monday to Sunday.

16. The amenity of the area must not be detrimentally affected by the use or development, including through:

a) The transport of materials, goods or commodities to or from land;

b) The appearance of any buildings, works or materials;

c) The emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or

d) The presence of vermin;

to the satisfaction of the Responsible Authority.

17. The use must comply at all times with the State Environment Protection Policy – Control of Noise from commercial, Industry and Trade (SEPP N-1).

General conditions

18. Before the development is occupied, or by such later date as approved in writing by the Responsible Authority, all screening and other measures to prevent overlooking as shown on the endorsed plans must be installed to the satisfaction of the Responsible Authority. Once installed the screening and other measures must be maintained to the satisfaction of the Responsible Authority.

19. The development must be provided with external lighting capable of illuminating access to each the basement ramp and pedestrian areas at ground floor. Lighting must be located, directed and shielded and of limited intensity that no nuisance or loss of amenity is caused to any person within and beyond the site.

20. The Applicant/Owner must be responsible to meet all costs associated with reinstatement and/or alterations to Council or other Public Authority assets deemed necessary by such Authorities as a result of the development. The Applicant/Owner shall be responsible to obtain an “Asset Protection Permit” from Council at least 7 days prior to the commencement of any works on the land and obtain prior specific written approval for any works involving the alteration of Council or other Public Authority assets.

21. Treatments to prevent overlooking must not include ‘Translucent film’ on windows and must be generally in line with the treatments under Standard B22 – Overlooking of Clause 55.

22. Prior to the occupation of the development, all boundary walls must be constructed, cleaned and finished to the satisfaction of the Responsible Authority.

23. Before the buildings are occupied, or by such later date as approved in writing by the Responsible Authority, any redundant vehicular crossing must be demolished and re-instated as standard footpath and kerb and channel:

a) At the permit holder's cost; and

b) To the satisfaction of the Responsible Authority.

24. All pipes, fixtures, fittings and vents servicing any building on the land must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.

25. Except with the prior written consent of the Responsible Authority, council assets must not be altered in any way.

26. Existing street trees must not be removed or damaged except with the written consent of the Responsible Authority.

27. The subject land must be drained to the satisfaction of the Responsible Authority.

28. All stormwater drains and on-site detention systems are to be connected to the legal point of discharge to the satisfaction of the Responsible Authority prior to the occupation of the building/s. The requirement for on- site detention will be noted on your stormwater point of discharge report, or it might be required as part of the civil plans approval.

29. Detailed stormwater drainage and/or civil design for the proposed development are to be prepared by a suitably qualified civil engineer and submitted to the Responsible Authority for approval prior to occupation of the development. Plans and calculations are to be submitted with the application with all levels to Australian Height Datum (AHD). All documentation is to be signed by the qualified civil engineer.

30. Stormwater that could adversely affect any adjacent land shall not be discharged from the subject site onto the surface of the adjacent land.

31. Prior to works commencing the Applicant/Owner is to submit design plans for all proposed engineering works external to the site. The plans are to be submitted as separate engineering drawings for assessment by the Responsible Authority.

Early works plan

32. Except with the prior written consent of the Responsible Authority, prior to the commencement of any buildings and works, an Early Works Plan must be prepared to the satisfaction of the Responsible Authority. The Early Works Plan must provide details of all works which comprise the ‘early works’, including but not limited to:

a) Piling works (Bored Piers), including Capping Beams;

b) Retention system including structural columns, shotcrete walls and rock anchors;

c) Bulk excavation;

d) Detailed excavation;

e) Excavation and pouring of pad footings, pile caps and basement slabs;

f) Civil drainage retention system; and

g) Crane pad footing system.

Green Travel Plan

33. Before the development commences, but excluding the works detailed in the Early Works Plan, A Green Travel Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Green Travel Plan will be endorsed and will form part of this permit. The Green Travel Plan must include, but not be limited to the following:

a) Information for residents and visitors about public transport options in the area;

b) Measures to encourage uptake of public transport to and from the approved development.

Construction Management

34. Prior to the commencement of buildings or works on the land, a Construction Management Plan, detailing how the owner will manage the environmental and construction issues associated with the development, must be submitted to and approved by Council.

The Construction Management Plan must be prepared and managed by a suitably qualified person who is experienced in preparing Construction Management Plans in accordance with the City of Whitehorse Construction Management Plan Guidelines.

When approved the Construction Management Plan will form part of this permit and must be complied with, to the satisfaction of the Responsible Authority, to the extent that this is in the control of the owner of the land. The owner of the land is to be responsible for all costs associated with the works to be undertaken in accordance with the requirements of the Construction Management Plan

35. The provisions, recommendations and requirements of the endorsed Construction Management Plans must be implemented and complied with to the satisfaction of the Responsible Authority.

Expiry

36. This permit will expire if one of the following circumstances applies:

a) The development is not commenced within three (3) years from the date of issue of this permit;

b) The development is not completed within five (5) years from the date of this permit;

c) If the approved use is not commenced within five (5) years from the date of this permit.

The Responsible Authority may extend the periods referred to in Condition 35 if a request is made in writing before the permit expires or within six months afterwards for commencement or within twelve months afterwards for completion.

C Has made this decision having particular regard to the requirements of Sections 58, 59, 60 and 61 of the Planning and Environment Act 1987.

AMENDMENT

Moved by Cr Bennett, Seconded by Cr Davenport

That Council:

A. Being the Responsible Authority, having caused Application WH/2018/743 for 26-28 Wellington Road, BOX HILL (LOT 1 & 2 LP 1974 4) to be advertised and having received and noted the objections is of the opinion that the granting of a Planning Permit for the Development of the land for a 17 storey building containing dwellings and ground floor Food and Drinks Premises (Cafe) and associated buildings and works is acceptable and should not unreasonably impact the amenity of adjacent properties.

B. Issue a Notice of Decision to Grant a Permit under the Whitehorse Planning Scheme to the land described as 26-28 Wellington Road, BOX HILL (LOT 1 & 2 LP 1974 4) for the Development of the land for a 17 storey building containing dwellings and ground floor Food and Drinks Premises (Cafe) and associated buildings and works subject to the following conditions:

a) The following changes as shown in the discussion plans from Peddle Thorp Architects dated February, 2020 (Revision 4):

i. Communal laundry facilities located in Basement level 1;

ii. Provision for informal delivery arrival/parking areas adjacent to southern laneway;

iii. Communal space at rooftop level amended to include meeting room space;

iv. HVAC systems provided for levels 10-15;

v. Six electric vehicle parking bays and associated charging facilities;

vi. Revised colours and materials schedule.

But further modified to show:

b) The northern boundary delineated with a 1.8m high, visual solid fence;

i) All tandem car parking spaces being allocated to a single tenancy or dwelling;

k) Any changes required to reflect the approved Façade Strategy under condition 6 of this permit;

l) Any changes required to reflect the approved Wind Impact Assessment under condition 9 of this permit;

iii. Floor plans for all floors.

iv. All operable windows, doors, winter garden openings and vents in elevation drawings.

vi. Any exterior building services equipment, including any heating, cooling, ventilation, hot water and renewable energy systems.

viii. Include an annotation of that the timber species intended for use as decking or outdoor timber are not unsustainably harvested imported timbers (such as Merbau, Oregon, Western Red Cedar, Meranti, Luan, Teak etc.) and meet either Forest Stewardship Council or Australian Forestry Standard criteria with a commitment provided as an annotation on Development Plans.