Minutes of Council Meeting

Council Minutes 22 June 2020

9 Council Reports

9.1 City Development

Statutory Planning

9.1.1 4 Cadorna Street, Box Hill South (Lot 1 TP 86731 10, Lot 7 TP 23715Q) Use and development of two double storey rooming houses and associated tree removal

FILE NUMBER: WH/2019/834
ATTACHMENT

SUMMARY

This application was advertised, and a total of 12 objections were received. The objections raised issues with neighbourhood character, amenity impacts, car parking and traffic, site services, and landscape. A Consultation Forum was held on 19 February 2020 chaired by Councillor Davenport, at which the issues were explored, with some resolutions reached between 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.

Council Resolution

Moved by Cr Davenport, Seconded by Cr Liu

That Council:

A Being the Responsible Authority, having caused Application WH/2019/834 for 4 Cadorna Street, Box Hill South 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 two double storey rooming houses and associated tree removal 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 4 Cadorna Street, Box Hill South (Lot 1 TP 86731 10, Lot 7 TP 23715Q) for the use and development of two double storey rooming houses and associated tree removal, subject to the following conditions:

1. Before the development starts, or vegetation removed, amended plans must be submitted to and approved by the Responsible Authority in a digital format. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn scale, and be generally in accordance with the plans submitted with the application but modified to show:

a) The locations of the Tree Protection Zones described in Condition 5, with all nominated trees clearly identified and numbered on both site and landscape plans, and the requirements of Conditions 5 and 6 to be annotated on the development and landscape plans.

b) The location of all service trenches to serve the buildings (for example: gas, water, electricity, stormwater, sewerage, telecommunications), including the extent of trenching required in easements over adjoining lots (if any) and the locations of protected trees within 4 metres of these trenches (if any). The service trenches must be located and dug (including boring or hand digging) to ensure that protected trees are not damaged, to the satisfaction of the Responsible Authority.

c) An accurate calculation of the garden area provision (as defined by Clause 73.01 of the Planning Scheme) for the proposed development as required by Clause 32.09-4 of the Neighbourhood Residential Zone. The denoted Garden Area must be clearly hatched and demonstrated on a separate scaled site plan, and be no less than 35% of the site area.

d) Conversion of Unit 1 bedroom 2 and ensuite to a meals/living area (remove one bedroom of Unit 1).

e) Conversion of Unit 2 bedroom 3 and ensuite 2 to extended living/meals area, and conversion of ensuite 2 to serve bedroom 3 (remove one bedroom of Unit 2).

f) The Unit 1 upper level bedroom 7 window to be fixed and obscure glazed to 1.7 metres above the finished floor level in accordance with Standard B22 (Overlooking).

g) The site plan to provide a pedestrian path adjacent to the west boundary to provide access into the service yard to Unit 1 from the street.

h) The vehicle crossover to be drawn to scale and dimensioned.

i) The provision of two bicycle spaces per rooming house.

j) Any changes required to the plans arising from the recommendations or implementation of the Access Audit as required by Condition 9 of this permit must be implemented without reducing boundary setbacks or compromising vehicle turning movements or the amenity of open space areas.

k) The Unit 1 kitchen to be further setback from the shared accessway in order to allow vehicles to access the Unit 1 garage in a forwards direction and manoeuvre to exit forwards, to the satisfaction of the Responsible Authority, and swept paths diagrams provided to demonstrate this.

l) The cladding colours and materials schedule updated to indicate that all obscured glazing be manufactured obscured glass.

m) An amended landscape plan to show:

i. A notation that no trees within 1/6 Cadorna Street will be lopped during the process of construction.

ii. A pedestrian path adjacent to the west boundary to provide access into the service yard to Unit 1 from the street.

All of the above must be to the satisfaction of the Responsible Authority. Once approved these plans become the endorsed plans of this permit.

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 and Tree Protection

3. Prior to the occupation of the approved buildings, landscaping and tree planting must be undertaken in accordance with the endorsed landscape plan that forms part of this permit, to the satisfaction of the Responsible Authority.

4. The garden areas shown on the endorsed plan must only be used as gardens and must be maintained in a proper, tidy and healthy condition to the satisfaction of the Responsible Authority. Should any tree or shrub be removed or destroyed it may be required to be replaced by a tree or shrub of similar size and variety.

5. Prior to commencement of any building or demolition works on the land, a Tree Protection Zones (TPZs) must be established on the subject site and nature strip 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 1 (Leptospermum morrisonii) – 2.0 metre radius from the centre of the tree base.

ii. Tree 3 (Prunus persica var. nectarine) – 2.5 metre radius from the centre of the tree base.

iii. Tree 5 (Prunus domestica) – 5.0 metre radius from the centre of the tree base.

iv. Tree 10 (Eucalyptus leucoxylon) – 2.1 metre radius from the centre of the tree base.

v. Tree 11 (Eucalyptus leucoxylon) – 2.0 metre radius from the centre of the tree base.

vi. Tree 12 (Eucalyptus leucoxylon) – 2.52 metre radius from the centre of the tree base.

b) Tree Protection Zone measures are to be established in accordance with Australian Standard 4970-2009 and are to include the following:

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

ii) Signage placed around the outer edge of perimeter the 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 provide watering/irrigation within the TPZ, prior and during any works performed.

iv) No excavation, 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 authorized person only during approved construction within the TPZ, and must be restored in accordance with the above requirements at all other times.

6. During construction of any buildings, or during other works, the following tree protection requirements are to be adhered to, to the satisfaction of the Responsible Authority:

a) A project arborist must be appointed by the applicant or builder. Project arborist 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.

b) The Project Arborist must supervise all approved works within the TPZs of Trees 1, 3, 5, 10 and 11. 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 and 5.

d) For Trees 3 and 5 no roots greater than 40mm in diameter are to be cut or damaged during any part of the construction process.

e) The Driveway where within the TPZs of Trees 1, 10 and 11 must be constructed above the existing soil grade using porous materials that allows water to penetrate through the surface and into the soil profile. There must be no grade change within the TPZs, and no roots are to be cut or damaged during any part of the construction process.

f) The removal of the sections of the existing driveway where within the TPZs of Trees 10 and 11 must be undertaken with the supervision and direction of the project arborist. The exposed areas must then be mulched with a 75mm layer of coarse grade composted woodchips, which must be maintained until such time as the treatment approved for that section is installed.

g) 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.

7. The existing street tree must not be removed or damaged, unless with the further written consent of the Responsible Authority.

Construction Management Plan

8. 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.

This plan is to be to the satisfaction of the Responsible Authority and must be prepared in accordance with the City of Whitehorse Construction Management Plan Guidelines.

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

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.

Site Use and Operation

9. Prior to the endorsement of plans, an Access Audit must be prepared by a suitably qualified access auditor to assess any plans and provide advice/recommendations on access and mobility issues to the satisfaction of the Responsible Authority. The Plan must be submitted to and approved by the Responsible Authority.

When submitted and approved to the satisfaction of the Responsible Authority, the Access Audit and associated notated plans will form part of this permit.

The recommendations of the Access Audit must be implemented at all times by the land owners, operators and residents to the satisfaction of the Responsible Authority. No alterations to the Access Audit may occur without the written consent of the Responsible Authority.

10. No more than 14 persons, comprising one person per bedroom, may be accommodated on the site at any one time.

11. The car spaces within the garages must not be allocated to specific rooms, so that they can be utilised on a ‘first come, first served’ basis

12. For so long as these premises operate as rooming houses, they must be owned and managed by an experienced operator, to the satisfaction of the Responsible Authority.

13. Prior to the occupation of the rooming houses, a site manager must be appointed.

14. Within one month of the commencement of the use, the owner/managers of each rooming house must set up a management plan/ charter for the site and this must be clearly displayed in prominent locations within the buildings for residents to clearly read.

15. The development must be provided with external lighting capable of illuminating access to each garage. 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.

16. All treatments to prevent overlooking must not include ‘Translucent film’ on windows and must be in accordance with Standard B22 of Clause 55.

Asset Engineering

17. 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.

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

19. The Applicant/Owner is responsible to pay for all costs associated with reinstatement and/or alterations to Council or other Public Authority assets as a result of the development. The Applicant/Owner is responsible to obtain all relevant permits and consents from Council at least 7 days prior to the commencement of any works on the land and is to obtain prior specific written approval for any works involving the alteration of Council or other Public Authority assets. Adequate protection is to be provided to Council’s infrastructure prior to works commencing and during the construction process.

20. The qualified civil engineer when undertaking civil design must ensure that the landscape plan/s and drainage plan/s are compatible. The stormwater drainage and on site detention system must be located outside the tree protection zone (TPZ) of any trees to be retained.

Waste Management Plan

21. Before the development starts, a Waste Management Plan must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval.

The approved WMP will be the model for adoption in this development and the design & as-built aspects needs to account for what is approved in the WMP. Any revision of the WMP or changes to the approved waste system of the development requires Council approval.

Any MGB placements proposed on Cadorna Road for on-street bin collection service must not cause any obstruction to any infrastructure or cause any danger to traffic/pedestrians. Bins are not to be placed within 1 metre of any infrastructure and are to have a height clearance of 4 metres for collection.

If the criteria for the on-street bin collection services is unable to be met and the service is rendered inoperable, then the waste collection service will revert to an external Private waste collection service AND a WMP must be resubmitted to Council for approval.

Expiry

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

c) The use is not commenced within two (2) years of the completion of the development.

The Responsible Authority may extend the periods referred to if a request is made in writing pursuant to the provisions of Section 69 of the Planning and Environment Act 1987.

Permit Notes:

A. The design and construction of letterboxes is to accord with Australian Standard AS-NZ 4253-1994.

B. The lot/unit numbers on the “Endorsed Plan” are not to be used as the official street address of the property. All street addressing enquiries can be made by contacting the Property Team on 9262 6470.

C. Any aboriginal remains, artefacts etc discovered on site must be protected in accordance with the Aboriginal Heritage Act 2006.

Asset Engineering:

D. The design and construction of the stormwater drainage system up to the point of discharge from an allotment is to be approved by the appointed Building Surveyor.

E. Report and consent – Any proposed building over the easement is to be approved by the Responsible Authority prior to approval of the building permit. If Report and Consent contradicts with the Planning Permit, amendment of the Planning Permit might be required.

F. There is to be no change to the levels of the public land, including the road reserve or other Council property as a result of the development, without the prior approval of Council. All requirements for access for all-abilities (Disability Discrimination Access) are to be resolved within the site and not in public land.

G. No trees are permitted within the easement. Any planting must not affect the stormwater pipe within the easement and have shallow roots that do not impact upon the functionality of the stormwater pipe. Please reflect this on the landscaping plans. Council’s arborist must approve the landscaping plans.

H. The alignment of the Sewer and Council drain in the easement to be shown on the plans.

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 61 A3

Applicant: WestUrban Group

Zoning: Neighbourhood Residential Zone, Schedule 5 (NRZ5)

Overlays: Significant Landscape Overlay, Schedule 9 (SLO9)

Relevant Clauses:

Clause 11 Settlement

Clause 12 Environment and Landscape Values

Clause 15 Built Environment and Heritage

Clause 16 Housing

Clause 21.05 Environment

Clause 21.06 Housing

Clause 22.03 Residential Development

Clause 22.04 Tree Conservation

Clause 32.09 Neighbourhood Residential Zone Schedule 5

Clause 42.03 Significant Landscape Overlay Schedule 9

Clause 52.06 Car Parking

Clause 52.23 Rooming House

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

Clause 65 Decision Guidelines

Ward: Riversdale

Subject site

12 Objector Properties

(1 outside of map)

North

BACKGROUND

History

Planning Permit WH/2004/14605 was issued on 7 September, 2005, allowing development of a single storey dwelling to the rear of the existing single storey dwelling. This permit has not been acted upon.

The Site and Surrounds

The subject site is located on the south side of Cadorna Street, approximately 70 metres east of the intersection with Elgar Road. The site is an irregular rectangular shape, with a frontage of 15.24 metres to Cadorna Street, a maximum depth of 51.7 metres (along the east boundary) with an overall site area of 748m².

The subject site contains a single storey, rendered brick dwelling with a vehicle crossover and concrete driveway located adjacent to the east boundary. The site has a fall of approximately 2 metres from the north (front) to the south (rear) boundaries.

The arborist report, prepared by ArborReport Victoria, provides an assessment of 19 trees. This includes a street tree (Tree 12), Trees 2, 4, 6, 7, 8, 9, 13, 14, 15, 16, 17 and 18 within the subject site and Trees 1, 3, 5, 10, 11 and 19 within adjoining lots. Trees 3, 5, 9, 10, 12 and 17 are protected under the Significant Landscape Overlay, Schedule 9. A table summarising the affected trees on the subject site and adjacent lots is included under the Planning Controls heading below.

The site is located within a residential area. Within the immediate context the following is noted:

· To the east, at 6 Cadorna Street, is a medium density development comprising a single detached dwelling fronting Cadorna Street and two attached dwellings at the rear.

· To the west, at 2 Cadorna Street, is a medium density development comprising two double storey dwellings arranged one behind the other.

· To the south, are two lots with a frontage to Stott Street. The lot at No. 3 Stott Street contains a single storey brick dwelling and the lot at No. 5 Stott Street contains two double storey dwellings arranged one behind the other.

· Parking in Cadorna Street in the vicinity of the subject site is subject to resident parking permits, or is otherwise limited to 0.5 hour 7am-5pm on weekdays.

Planning Controls

A rooming house is defined as, ‘Land used for a rooming house as defined in the Residential Tenancies Act, 1997’. Under the Residential Tenancies Act, 1997, a rooming house means a building in which there is one or more rooms available for occupancy of payment of rent:

a) In which the total number of people who may occupy those rooms is not less than 4; or

b) In respect of which a declaration under section 19 is in force.

Pursuant to Clause 73.03 Land Use Terms, a rooming house is nested under ‘Residential Building’.

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

Neighbourhood Residential Zone, Schedule 5

Pursuant to Clause 52.23 (Rooming House), the proposed development requires a permit to for both the use and buildings and works for rooming houses because:

· More than 9 bedrooms are proposed.

· The total floor area exceeds 300m².

· More than 12 persons will be accommodated.

Clause 55 applies to ‘Two or more dwellings on a lot and Residential Buildings’. Under Clause 32.09-4, an application to construct a residential building on a lot must provide a minimum garden area of 35% (as the lot is greater than 650m²). The ‘area analysis’, indicates an area of 264.5m² (or 35.4%). There is no site plan verifying this outcome, therefore this will be addressed through a condition of the permit.

Significant Landscape Overlay, Schedule 9

Amendment C191 introduced Schedule 9 to the Significant Landscape Overlay to the Whitehorse Planning Scheme on an interim basis. The Overlay is set to expire on 30 June 2020.

Pursuant to Clause 42.03-2 a Planning Permit is required for the removal or lopping of protected trees and/or for works within 4 metres of protected trees. The proposed impacts to protected trees are summarised in the table below:

Tree No.	Species and Common Name	Height	Condition	Permit Trigger
3	Prunus persica var. nectarine Nectarine	5m	Healthy tree in the adjoining lot	Works within 4m (Unit 2 decking and landscaping)
5	Prunus domestica Plum	8m	Neighbouring tree	Works within 4m (Unit 2 path and landscaping)
9	Syzygium paniculatum Magenta Cherry.	6m	Poor structure and decay evident in one trunk	Removal
10	Eucalyptus leucoxylon Yellow Gum	8m	Broken branch within the canopy	Works within 4m (accessway, and landscaping)
12	Eucalyptus leucoxylon Yellow Gum	7m	Street tree in a healthy condition, although the northern branch has been severely damaged by collision with a vehicle.	Works within 4m (pedestrian path and landscaping)
17	Cotoneaster frigidus Cotoneaster	5m	Low retention value weed species	Removal

PROPOSAL

The application proposes the development of two residential buildings to be used for the purpose of rooming houses. The key features of the proposal include:

Use:

· The applicant has provided the following information in respect to the operation of the rooming house:

o The number of people to be accommodated will be one per bedroom.

o A private organisation will operate the rooming house.

o The accommodation is to provide housing for predominantly low income earners and welfare recipients.

o A site manager will be appointed upon the issue of the occupancy certificate.

Development:

The development of the two rooming houses is summarised as follows:

· The two units are attached and arranged one behind the other. At ground level, Unit 1 is setback 9 metres to Cadorna Street, with a minimum setback of 1.15 metres to the west boundary. Unit 2 is setback between 1.74 and 7 metres from the irregular alignment of the rear boundary, 1.24 metres from the east boundary and 1.52 metres from the west boundary.

· The upper levels of both rooming houses are setback 2.5 metres from the west boundary. The minimum rear (south) upper level setback for Unit 2 is 3.39 metres, and to the east, Unit 2 has an upper level setback of 2 metres, whereas Unit 1 achieves a 4.61 metre setback, allowing for the accessway alignment. A five metre separation is provided between the upper levels of the two proposed buildings.

· Shared vehicle access is via the existing crossover and a driveway located adjacent to the east boundary. The development provides for two, double-width attached garages.

· The layout to each unit provides for an entrance, open plan kitchen, dining and living area, and three bedrooms (each with ensuite) at ground level with five bedrooms (each with ensuite) at first floor level.

· The total number of bedrooms proposed within the development is 16.

· The area of secluded private open space provided to Unit 1 is beside the western boundary and comprises an area of 35.5m2 with a minimum dimension of 5 metres. The secluded private open space area to Unit 2 is to the rear and comprises an area of 35.45m2 with a minimum dimension of 4.88 metres.

· External materials comprise a mix of face brickwork at ground level, render at upper finish at level and feature architectural columns to the front elevation. The roof forms at ground and upper level are hipped with tile cladding.

· The maximum height of the development is 7.05 metres.

CONSULTATION

Public Notice

The application was advertised by mail to the adjacent and nearby property owners and occupiers and by erecting one large notice to the Cadorna Street frontage. Following the advertising period 12 objections were received.

The issues raised are summarised as follows:

· Neighbourhood Character:

o Site Coverage is non-compliant

· Amenity impacts

o Overlooking

o Overshadowing

o Rooming houses should not be located in this area.

o Increased noise

o Increased rubbish on the street

o Potential increased crime

· Car Parking

o Increased on-street parking

o The number of car spaces provided on site in insufficient for the likely rate of car ownership of residents

o Traffic safety impacts on the street

o Visitor parking permits are required in the street, but these are often not displayed in parked cars and the rules are not enforced.

· Landscaping:

o Tree removal

o Proposed trees are too close to buildings

· Site Services

o The naturestrip is too small to accommodate waste storage and collection.

o Increased load on utilities such as sewers which are already failing

o Proposed living areas on site are insufficient for residents’ needs.

· Non-planning matters

o Dust and damage to footpath will result from the demolition of the existing building on site.

Consultation Forum

A Consultation Forum was held on 19 February 2020, chaired by Councillor Davenport. The planning officer, applicants and their planning consultant, and six objectors attended the meeting.

At the forum, the issues raised in the objections were discussed including a number of additional matters including:

· Non-compliance with the Residential Tenancies (Rooming House Standards) Regulations 2012, by Consumer Affairs Victoria, including insufficient size for kitchen, living and dining areas.

· Non-compliance with DDA requirements.

· Waste management

· The subject site is a sacred aboriginal site.

The applicant agreed to a number of outcomes including:

· Addition of an overlooking screen to the bedroom 7 window on the Unit 1 east elevation (with overlooking otherwise meeting Standard B22).

· An agreement not to lop any trees on the adjacent lot at 1/6 Cadorna Street.

· An agreement to provide two bicycle parking spaces to each rooming house.

· An agreement to accept a Construction Management Plan.

Post forum, the applicant prepared a ‘discussion’ plan, which made a number of changes including:

· Conversion of the Unit 1 bedroom 2 and its ensuite to a meals/living area (reduction of one lodging room).

· Conversion of the Unit 2 bedroom 3 and ensuite 2 to extend the existing meals/living area to Unit 2 (reduction of one lodging room).

· The screening of the window in bedroom 7 on the east elevation of Unit 1 in accordance with Standard B22.

· An alteration to the landscape plan to provide for a pedestrian path along the western boundary of the front setback to facilitate waste management.

It is noted that the proposed loss of two bedrooms (one per rooming house) reduces the total number of rooms and occupants proposed to 14, and does not alter the permit trigger or the car parking requirements for the proposed rooming houses. The changes shown in the ‘discussion plans’ will be given effect through Condition 1 of the Permit, and the report below will assume the implementation of these changes.

Referrals

Internal

· Transport Engineer

The application has been reviewed by Council’s Transport Engineer, who has advised:

Forward access into both garages can be achieved. Reverse egress movements from Garage 1 is not satisfactory. In order to exit the site in a forwards direction from Unit 1 both car spaces, vehicles would be required to reverse into these car spaces and drive out forwards. This does not meet the decision guidelines of Clause 52.06 with regard to the ease and safety with which vehicles access and circulate within the parking area. Furthermore, reversing manoeuvres into car spaces are not considered to be manoeuvres that all motorists are confident to perform with ease.

As such, this is likely to encourage vehicles to park on-street with the garage spaces not utilised for residential car parking. It should also be noted that Cadorna Street is located within a 1/2-Hour parking area, where unrestricted parking is only permitted with a valid parking permit that is provided to eligible residents at a fee and is charged on a yearly basis.

Reverse egress from both car spaces of Garage 2 is considered satisfactory, and cars can manoeuvre to exit the site in a forwards direction.

· Assets Engineer

The application has been reviewed by Council’s Asset Engineer. The application is supported subject to standard conditions and notes being placed on the permit.

· Planning Arborist

The application has been reviewed by Council’s Planning Arborist, who advised that there are no trees on site worthy of retention or shown to be retained. To ensure adequate replanting is undertaken landscape plans must be provided.

In relation to Trees 1, 3, 5, 10 and 11 on adjoining lots, the proposed buildings and works encroachments into the TPZs of retained trees can be supported, subject to tree protection condition requirements. Tree 19 is sufficiently setback from the subject site that it will not be impacted by the proposal.

· Health

The operator is required to obtain the relevant health approvals required to operate under separate regulations.

DISCUSSION

The primary considerations for this application are as follows:

· Use of the land;

· Clause 55 assessment;

· Vegetation removal and replacement landscaping; and

· Vehicle accommodation and access.

Use for Rooming Houses

A rooming house is a specifically defined use that is distinct from a dwelling (which may be rented as a whole to one or several people, and also from student accommodation, which is restricted to occupancy by students only.

Rooming house is specifically defined as the provision of rental occupation, by the room, but without restriction on the type of people who can be accommodated (ie not just students). As such, Council’s Student Accommodation Policy does not apply to this application, although it is noted that the proximity of the subject site to Deakin means that that students may be among the future tenants. Rooming houses typically provide affordable accommodation.

Objectors to the application have identified concerns with the use of the land including:

· Rooming houses should not be located in this area

· Potential increased crime

· Increased rubbish on the street.

These issues are addressed below in context of the Planning Scheme.

Under Clause 32.09-2 a rooming house is a Section 1 use provided it meets the requirements of Clause 52.23-2. As stated above, these requirements are not be met, therefore a permit is required for the proposed rooming house use.

Clause 32.09-6 of the Scheme requires the assessment of various residential applications including those for residential buildings, against Clause 55. The Clause is principally directed towards privately owned medium density dwellings therefore assessment against the Standards and Objectives can be tempered by consideration of the communal nature of the housing.

General guidance to the exercise of discretions under the Planning Scheme is provided by Clause 65. It provides that consideration is to be given to various matters including the Planning Policy and Local Planning Policy Framework, the orderly planning of the area, the purpose of the zone, overlay or other control, and the effect of the proposal on the amenity of the neighbourhood.

Clause 65 in turn refers to the components of the Local Planning Policy Framework. Clause 21.06 sets out Councils strategic planning objectives for ‘Housing’. Under Clause 21.06-2, the Vision’ in the City is:

· To ensure that housing in the City of Whitehorse meets residents’ needs in terms of location, diversity, sustainability, accessibility, affordability and good design. There are a number of key challenges facing the City of Whitehorse in relation to housing.

These challenges are (where applicable to the application):

· Accommodating an additional 12,997 dwellings to house the projected population growth in the City to 2036.

· Ensuring established residential areas continue to play an important role in providing additional housing.

· A higher demand for private rental housing, a proportion of which will need to be affordable to low-income tenants.

· A higher proportion of lone person households may require smaller housing types including town houses, units and apartments. However in some instances, these housing types are more costly to buy or rent than older housing stock, and can contribute to housing affordability problems.

Clause 21.06-4 deals with Housing Diversity. The key issues (applicable to this application) include:

· Meeting the continuing high demand for private rental accommodation, which puts pressure on housing affordability.

· Encouraging a broader range of housing types to meet the differing needs of the future population through the lifecycle.

Clause 21.06-5 deals with Housing Affordability. The key issue and subsequent objectives (applicable to this application) includes:

· Meeting an increasing demand for more affordable housing across the municipality.

· To increase the supply and distribution of affordable housing in the City of Whitehorse.

· To reduce housing stress in the City of Whitehorse.

Amongst other Policy objectives within the Planning Scheme, there is an emphasis on ensuring an adequate provision of alternative and affordable accommodation to low-income persons. On this basis, the proposal meets policy objectives and a clear demand.

Conditions of any permit issued can include requirements that relate to the management of the use to minimise off-site amenity impacts. This can include ways in which to manage waste via a waste management plan, methods to control development impacts via a construction management plan, a limitation on the number of occupants at any one time to one per bedroom (total of 14 residents), and for the use of the two rooming houses to be managed by a site manager.

Residential Character

The subject site is located within the Garden Suburban Precinct 3 area under Clause 22.03 (Residential Development). The preferred character statement includes (as relevant):

The area will retain its classic garden dominated characteristics with low scale dwellings set in generous garden settings. Wide front and side setbacks from at least one side boundary allow views between dwellings, and low or open style front fences will continue to contribute to the spacious character of the area. The landscape settings will be enhanced through the planting and growth of new vegetation, including large shrubs and tall canopy trees…

Areas with good access to trams and Wattle Park shopping centre will accommodate more dwellings, including well designed medium density housing, with slightly more compact siting than the remaining residential areas, but with space for large trees and gardens.

The City of Whitehorse Neighbourhood Character Study, 2014 is a reference document that provides a number of objectives and design response outcomes that guide a preferred character outcome.

The subject site is also included within the Significant Landscape Overlay Schedule 9. The ‘statement of nature and key elements of landscape’ recognise that trees are significant to the landscape character of Whitehorse and the tree cover simultaneously delivers multiple benefits to the community, including defining neighbourhood character, providing visual amenity, providing habitat for fauna and increasing the liveability of neighbourhoods. The landscape character objective and the decision guidelines can be summarised as retaining trees that are significant and allowing sufficient space for offset planting for indigenous or native trees that can grow to a mature height.

The proposal balances the urban consolidation outcomes and housing objectives of the Planning Policy Framework with the preferred landscape outcomes in the objectives and decision guidelines of the Neighbourhood Residential Zone Schedule 5, the Significant Landscape Overlay Schedule 9, Clause 22.03 (Residential Development) and Clause 22.04 (Tree Conversation), as outlined below.

The character of Cadorna Street comprises a mix of original housing stock, older style infill development and a number of new contemporary medium density developments, which are often double-storey in scale and prominent in built form. Nearby examples include three double storey dwellings at the intersection of Elgar Road and Cadorna Street, two attached double storey dwellings at 1A and 1B Cadorna Street and two large double storey dwellings at 14 Cadorna Street. Given the established neighbourhood context, the site is capable of supporting two double storey dwelling forms, as they will reflect similar scale and proportions of nearby developments .

The Precinct Guidelines identify front setbacks within the Precinct ‘as generally 5 to 7 metres, with 1-2 metre side setbacks from at least one side boundary with new developments generally having smaller front and side setbacks usually displaying reduced front setbacks’. The proposed setback to Cadorna Street is 9 metres with minimum setbacks to the east and west boundaries varying between 1.15 and 1.24 metres. These front and side setbacks maintain and reinforce the rhythm of space between and around buildings and the alignment of buildings along the street.

The upper levels also enjoy generous setbacks to front, side and rear boundaries and provide a generous internal separation of 5 metres. For the most part, the upper levels are recessed from the ground floor below and with varying materials and hipped roof forms, to assist with reducing the perception of visual bulk.

The Precinct Guidelines encourage the provision of a single vehicle crossover as a means of minimising car accommodation visible to the streetscape. The development provides for a single crossover and driveway located adjacent to the east boundary with appropriate landscape buffers either side. The garages are centralised within the development and have limited visibility to the street. This siting outcome avoids any visual impact of car accommodation when viewed from the streetscape and provides opportunity for an open front garden setting.

The proposal requires the removal of two protected trees (Trees 9 and 17), which both have a ‘low’ retention values, and their removal was supported by Council’s Arborist. The landscape plan demonstrates capacity for new tree planting including two Tristaniopsis laurina (Luscious WaterGum) within the front setback and one Hymenosporum flavum (Native Frangipani) trees within each area of secluded private open space. In addition, a further 12 large shrubs, 9 medium shrubs and 202 low shrubs, ground covers and grasses are proposed to provide a complete landscape scheme. The strong level of replanting will enhance the landscape character and meet the objectives of the Significant Landscape Overlay Schedule 9.

The development proposes a site coverage of 42.1% and a permeable area of 35.4%, in compliance with Standards B8 and B9, as varied by the Schedule to the Zone. This demonstrates the ability to meet a preferred character and respond to the features of the site.

The 7.05 metre maximum height of the proposed development is below the mandatory 9 metre height limit identified within the Neighbourhood Residential Zone Schedule 5. This contributes to the rooming houses maintaining an inconspicuous profile within the setting.

Amenity

Clause 55.04 sets out a number of objectives and standards that seek to ensure the amenity of adjoining residential lots is not unreasonably impacted. When tested against the standards, the development does not cause any loss of daylight to adjoining windows, does not cause any overlooking (subject to a condition requiring screening to the east window in in bedroom 7 to Unit 1) and does not cause over unreasonable shadowing to adjoining areas of secluded private open space (with shadows cast over adjoining driveways, outbuildings and a section of the dwelling at 3/6 Cadorna Street during the 2-3pm period).

Standard B17 (Side and Rear Setbacks) seeks to ensure that the height and setback of a building respects the existing character and limits the impact on the amenity of existing dwellings. The ground level and upper level setbacks meet the required setbacks and prevent excessive bulk or amenity impacts. The adjoining lots to the east and west have their shared driveways adjacent to the common boundary with the site, ensuring adjoining dwellings are well separated from the subject site and therefore will not experience reduced amenity impacts.

On site amenity

Clause 55.05 sets out a number of objectives and standards that ensure for a strong level of on-site amenity.

Standard B25 (Accessibility) encourages the consideration of the needs of people with limited mobility. One of the objector concerns was that the laundries provided at the ends of the garages would not be accessible by people with limited mobility when cars were parked in the garages. In addition, there appear to be steps between the main living areas and the garages, and between the laundries and the clotheslines, and these must be removed to allow for DDA compliant access. Wheelchair turning circles must also be provided to allow for reasonable movement to and from all common areas and within the accessible rooms and ensuites.

A condition of the permit will require an Access Audit to be undertaken and implemented, to ensure all access and mobility issues are addressed, but without resulting in additional planning issues. Given the proposed loss of one bedroom per building, it is anticipated that there will be sufficient space available to relocate the laundries out of the garages.

The areas of secluded private open space include a 35m² area with a minimum dimension of 5 metres for each rooming house and meet Standard B28 (Private Open Space). The area of secluded private open space to Unit 2 is to the south, however this is a function of the orientation of the lot and the most logical outcome (and takes advantage of the small irregular portion of the lot at the rear), which allows a 6.6 metre deep open space area that complies with Standard B29 (Solar Access to Open Space).

The proposed rooming houses enjoy daylight to new windows in accordance with Standard B27 (Daylight to New Windows) and each unit is provided with 6m³ of externally accessible and secure storage.

Vehicle access

Table 1 to Clause 52.06-5 requires one car space to each four bedrooms. The proposal provides for 14 bedrooms (noting the ‘discussion plans’ reduce the number of bedrooms by two) and therefore requires a statutory parking requirement of four spaces. The proposal provides for a double-width garage for each unit, and is therefore compliant with the statutory requirement. The car spaces to each rooming house are independently accessible and will not be allocated, so that they can be utilised on a ‘first come, first served’ basis, which will minimise the reliance on on-street car parking for residents.

Council’s Transport Engineer has indicated that Unit 1 requires further modification in order to allow vehicles to enter Garage 1 in a forwards direction, and manoeuvre on site to exit forwards also. Given the proposed rooming house use and the potential transitory nature of residents and sharing of the garages, it is not considered appropriate to allow for the current proposed garage layout, which would require vehicles to reverse into Garage 1 in order to exit forwards. This is a more difficult manoeuvre that is not suited to the proposed rooming house use. As a result, Unit 1 will be modified to set the kitchen further back from the shared accessway in order to allow vehicles to access the Unit 1 garage in a forwards direction and manoeuvre to exit forwards, and swept paths diagrams provided to demonstrate this

Subject to this condition, the proposal will provide compliant car parking on site and will not result in excessive traffic impacts within the street.

Objectors Concerns not Previously Addressed

The objectors have raised concerns with neighbourhood character, tree impact, amenity, landscaping, and traffic, which have been addressed in the discussion above. Other outstanding matters include:

· Consumer Affairs Guide for Rooming Houses

One objector detailed how the proposal had several non-compliances with the Residential Tenancy Standards contained within the Consumer Affairs Guide for Rooming Houses. As this is not a reference document, nor is it incorporated into the Scheme it holds no weight in making a decision. Compliance with this document will be required when a Building Permit is issued and the applicant has been reminded of this.

· Aboriginal cultural heritage

One objector identified that the site has aboriginal cultural sensitivity stating that she had an ancestor buried on the site and that the ‘Wurundjeri people use the Gardeners Creek area and the rear of the subject site as a sacred site’.

Areas of cultural heritage sensitivity include registered Aboriginal cultural heritage places, as well as landforms and land categories that are generally regarded as more likely to contain Aboriginal cultural heritage. If an area, or site, is sensitive, a Cultural Heritage Management Plan is required when a high impact activity is planned as defined in the Aboriginal Heritage Regulations 2018.

The subject site is not registered as a heritage place, nor is the proposal a high impact activity. However, it has been agreed with the objector that a note will be provided on the permit that in accordance with the Aboriginal Heritage Act 2006, any aboriginal remains, artefacts etc must be protected.

CONCLUSION

The proposal for the use and development of the land for two rooming houses, including tree removal is an acceptable response that satisfies the relevant provisions contained within the Whitehorse Planning Scheme, including the State and Local Planning Policies, the Neighbourhood Residential Zone Schedule 5 and the objectives and decision guidelines of the Significant Landscape Overlay Schedule 9.

A total of 12 objections were received as a result of public notice and all of the issues raised have been discussed as required.

It is considered that the application should be approved, subject to conditional changes as discussed in this report.

Attachment

1 Advertised plans including landscape plan

2 Amended discussion plans submitted in response to Forum

Whitehorse City Council

Council Minutes 22 June 2020

9.1.2 27-29 The Avenue, Blackburn (Lot 50 LP 3212 B, Lot 51 LP 3212 B) Partial demolition and relocation of a heritage dwelling, buildings and works for alterations and additions to a heritage dwelling, front fence and tree removal.

File number: WH/2019/1029 ATTACHMENT

SUMMARY

This application was advertised, and a total of 38 objections were received. The objections raised issues with building massing and scale (including neighbourhood character, boundary setbacks, site coverage, dominant dwelling street profile), landscape character / environment (including excessive tree loss, landscaping opportunity, limited provision of large canopy trees and indigenous / native plant species, inconsistency with the bush environment preferred character, and habitat loss) and heritage.

A Consultation Forum was held on 11^th March 2020 chaired by Councillor Munroe, during which the issues were explored, however no resolution was reached between the parties. Without Prejudice Plans submitted after the consultation forum resulted in 6 objections being withdrawn (a reduced total of 32 objections) at the time of this report.

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.

RECOMMENDATION

That Council:

A Being the Responsible Authority, having caused Application WH/2019/1029 for 27-29 The Avenue, BLACKBURN (Lot 50 LP 3212 B, Lot 51 LP 3212 B) to be advertised and having received and noted the objections is of the opinion that the granting of a Planning Permit for the Partial demolition and relocation of a heritage dwelling, buildings and works for alterations and additions to a heritage dwelling, front fence and tree removal, 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 27-29 The Avenue, BLACKBURN (Lot 50 LP 3212 B, Lot 51 LP 3212 B) for the Partial demolition and relocation of a heritage dwelling, buildings and works for alterations and additions to a heritage dwelling, front fence and tree removal, subject to the following conditions:

1. Before the development starts, amended plans (in digital format) must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale, with dimensions, and be generally in accordance with the without prejudice development plans prepared by Neil Architecture, dated 31/3/2020, and without prejudice landscape plan prepared by Bethany Williamson, dated 23/3/2020, but modified to show:

a) A Building exclusion zone site plan for Lot 50 as follows:

i. On this plan, state ‘Lot 50 LP 3212 B’ for the resulting vacant lot, and ‘Lot 51 LP 3212 B’ for the eastern lot that will contain the relocated existing dwelling.

ii. 12.3 metre wide building exclusion zone across the full width of the frontage.

iii. A 2.5 metre wide building exclusion zone along the full extent of both the eastern side and northern rear boundaries.

iv. A 2 metre wide building exclusion zone along the fully extent of the western side boundary.

b) A tree removal and retention plan that clearly shows the removal of only Trees 2 (in part), 14, 16-22 and 24 detailed, and the retention of all trees on Lot 50.

c) Full length windows proposed for the master bedroom, walk-in-robe and ensuite must be modified to reflect more ‘traditional’ forms to the satisfaction of the Responsible Authority.

d) Specific cladding and structural details of both the existing and proposed chimneys being provided to confirm the accuracy of its reconstruction.

e) The front fence reduced to a maximum height of 1.2 metres.

f) The plans accurately updated to reflect Conditions 4, 5 and 6 of this permit.

g) The Relocation Management Plan & Tree Removal Management Plan updated to reflect the requirements of Condition 1.

All of the above requirements must be to the satisfaction of the Responsible Authority. Once approved these plans and documents become the endorsed plans of this permit.

3. The garden areas shown on the endorsed plan and schedule must only be used as gardens and shall be maintained in a proper, tidy and healthy condition to the satisfaction of the Responsible Authority. Should any tree or shrub be removed or destroyed it may be required to be replaced by a tree or shrub of similar size and variety.

4 Prior to the commencement of any buildings or demolition works, a revised Landscape Plan in accordance with Council’s Landscape guidelines prepared by a suitably qualified consultant, must be submitted to the Responsible Authority. The landscape plan must generally in accordance with the without prejudice landscape plan prepared by Bethany Williamson, dated 23/3/2020, and include, but not be limited to:

a) Any changes required by Condition 1.

b) The rear deck area modified such that the extent of encroachment into the Tree Protection Zone (TPZ) of Tree 12 does not exceed 10%.

c) The plans updated to only show the removal of Tree Nos. 2 (in part), 13, 14, 16-22 and 24

d) A small native canopy tree with a maximum growth heights of 6 metres in the landscape strip south of driveway directly behind front boundary.

e) The boundary along the western side boundary immediately adjacent the dwelling to accommodate 4 metre high tall screening shrubs along this side boundary. Any reference to Blueberry Ash trees in this specific area must be deleted.

f) Irrigation system/program for all common property landscaping and containerised plantings, including details of frequency and water delivery method.

g) (e) The garden areas shown on the endorsed plan and schedule must only be used as gardens and must be maintained in a proper, healthy and orderly condition at all times to the satisfaction of the Responsible Authority.

h) A 6-month Maintenance Plan. The requirements of the Landscaping Maintenance Plan must be implemented by the owners and occupiers of the site for the life of the buildings, to the satisfaction of the Responsible Authority.

The landscape works as shown on the endorsed plan must be carried out prior to occupation of the permitted development, or if not occupied, within three months of completion of the permitted development. With written consent of the Responsible Authority landscaping may be deferred to the first planting season (May to September) following the completion of the permitted buildings and/or works. New planting must be maintained or replaced as necessary to the satisfaction of the Responsible Authority.

5. Prior to the commencement of any building and or demolition works on the land, a Tree Protection Zone (TPZ) must be established on the subject site 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:

Tree Protection Zone distances:

a) Tree 1 (Lophostemon confertus – Brush Box) – 3.6 metre radius from the centre of the tree base.

b) Tree 2 in part (Hesperocyparis macrocarpa – Monterey Cypress) – 2.6 metres metre radius from the centre of the tree base.

c) Tree 3 (Eucalyptus cladocalyx – Sugar Gum) – 10 metre radius from the centre of the tree base.

d) Tree 4 (Pyrus sp. – Pear) – 4.2 metre radius from the centre of the tree base.

e) Tree 5 (Eucalyptus botryoides – Southern Mahogany Gum) – 2.4 metre radius from the centre of the tree base.

f) Tree 6 (Fraxinus angustifolia – Desert Ash) – 9.0 metre radius from the centre of the tree base.

g) Tree 7 (Melaleuca bracteata – Golden Paperbark) – 3.0 metre radius from the centre of the tree base.

h) Tree 8 (Fraxinus angustifolia – Desert Ash) – 4.8 metre radius from the centre of the tree base.

i) Tree 9 (Pyrus sp.– Pear) – 4.2 metre radius from the centre of the tree base.

j) Tree 10 (Fraxinus angustifolia – Desert Ash) – 2.2 metre radius from the centre of the tree base.

k) Tree 11 (Fraxinus angustifolia – Desert Ash) – 4.8 metre radius from the centre of the tree base.

l) Tree 12 (Fraxinus angustifolia – Desert Ash) – 2.6 metre radius from the centre of the tree base.

m) Tree 13 (Fraxinus angustifolia – Desert Ash) – 2.4 metre radius from the centre of the tree base.

n) Tree 15 (Fraxinus angustifolia – Desert Ash) – 4.8 metre radius from the centre of the tree base.

o) Tree 23 (Syzygium paniculatum – Magenta Lilly Pilly) – 7.0 metre radius from the centre of the tree base.

p) Tree 26 (Robinia pseudoacacia – Black Locust) – 1.75 metre radius from the centre of the tree base.

Tree Protection Zone measures are to be established in accordance to Australian Standard 4970-2009 and including the following:

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

b) 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.

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

d) No excavation, 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.

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

f) 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.

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

h) 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.

6. 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. 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.

b) The Project Arborist must supervise all approved works (including site demolition) within the TPZs of all trees shown to be retained on the endorsed plans. 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.

c) 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.

d) Any buildings and works (including retaining walls) that extend into the TPZ of any existing tree must be done by hand, hydro excavation or air spading under the supervision of an arborist. If any roots are encountered, the posts or works protruding into the ground must be relocated a minimum of 300mm from these roots.

e) Any part of the driveway and associated excavations that encroach within the TPZ of Tree 23, must be in accordance with the recommendations of the Root Investigation Report prepared by John Patrick Landscape Architects, dated 22/4/2020, contained within Sections 5.2 and 5.4, pages 4 and 5 of 6.

f) Council's Compliance Officer must be advised of the completion of all tree planting required by this permit so that a site inspection can be carried out. A further inspection will be carried out 6 months after the completion of the landscaping to ensure that the planting has been adequately maintained.

7. The Relocation Management Plan & Tree Removal Management Plan prepared by Neil Architecture, dated updated to include the following additional detail:

a) The buildings and works and tree removal management plan updated to be consistent with the Condition 1 requirements of this permit.

The requirements of the RMP & TRMP must be implemented by the building manager, owners and occupiers of the site for the duration of the building’s operation in accordance with this permit, to the satisfaction of the Responsible Authority.

8. Prior to commencement of buildings and works, the owner of the land shall enter into a Section 173 Agreement with the Responsible Authority which covenants that:

a) No buildings shall be constructed within the building exclusion zones required by Condition 1a of this permit unless with the prior written consent of the Responsible Authority.

b) Land to Benefit: Lot 51 LP 3212 B.

c) Land to be Burdened: Lot 50 LP 3212 B.

d) All costs associated with the preparation and registration of the agreement shall be borne by the owner.

9. Prior to commencement of buildings and works, evidence of the Section 173 Agreement, required by Condition 8 of this permit, being registered with Land Use Victoria must be provided to the satisfaction of the Responsible Authority.

Asset Protection Conditions

10. All stormwater drains 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.

11. Stormwater drains must not encroach more than 10% into the Tree Protection Zone (TPZ) of any tree being retained under this permit, to the satisfaction of the Responsible Authority.

12. The Applicant/Owner is responsible to pay for all costs associated with reinstatement and/or alterations to Council or other Public Authority assets as a result of the development. The Applicant/Owner is responsible to obtain all relevant permits and consents from Council at least 7 days prior to the commencement of any works on the land and is to obtain prior specific written approval for any works involving the alteration of Council or other Public Authority assets. Adequate protection is to be provided to Council’s infrastructure prior to works commencing and during the construction process.

13. The qualified civil engineer when undertaking civil design must ensure that the landscape plan/s and drainage plan/s are compatible. The stormwater drainage and on site detention system must be located outside the tree protection zone (TPZ) of any trees to be retained.

Time Condition

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

The Responsible Authority may extend the periods referred to if a request is made in writing pursuant to the provisions of Section 69 of the Planning and Environment Act 1987.

Permit Notes

A. The granting of this permit does not obviate the necessity for compliance with the requirements of any other authority under any act, regulation or local law.

B. The frontage setback for the construction of the building authorised under this permit is regulated by the planning scheme and the setback has been assessed in the consideration of the permit application. Therefore the Building Surveyor does not need to consider the frontage setback under Regulation 409 of the Building Regulations 2006.

C. Building works approved under this planning permit is not to be commenced until a building permit has also been obtained under the Building Act 1993 and the Building Regulations 2006.

D. All proposed changes to the vehicle crossing are to be constructed in accordance with the submitted details, Whitehorse Council’s – Vehicle Crossing General Specifications and standard drawings

G. The Applicant/Owner is to accurately survey and identify on the design plans all assets in public land that may be impacted by the proposed development. The assets may include all public authority services (i.e. gas, water, sewer, electricity, telephone, traffic signals etc.) and the location of street trees or vegetation. If any changes are proposed to these assets then the evidence of the approval is to be submitted to Council and all works are to be funded by the Applicant/Owner. This includes any modifications to the road reserve, including footpath, nature strip and kerb and channel.

H. There is to be no change to the levels of the public land, including the road reserve or other Council property as a result of the development, without the prior approval of Council. All requirements for access for all-abilities (Disability Discrimination Access) are to be resolved within the site and not in public land.

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