Minutes of Council Meeting

Council Minutes 24 August 2020

9 Council Reports

9.1 City Development

Statutory Planning

9.1.1 10 Halley Street, BLACKBURN (LOT 1 TP 596509T) Construction of a second (double storey) dwelling on a lot and buildings and works within 4m of protected trees (SLO2)

FILE NUMBER: WH/2019/792
ATTACHMENT

SUMMARY

This application was advertised, and a total of 27 objections were received from 26 objector properties. The objections raised issues of over-development, neighbourhood character, visual bulk, site coverage, lack of permeable area, tree loss and impacts, lack of landscaping opportunity, and stormwater impacts. A Consultation Forum was held on 4 August 2020. 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 Munroe, Seconded by Cr Massoud

That Council:

A Being the Responsible Authority, having caused Application WH/2019/792 for 10 Halley Street, BLACKBURN (LOT 1 TP 596509T) to be advertised and having received and noted the objections is of the opinion that the granting of a Planning Permit for the Construction of a second (double storey) dwelling on a lot and buildings and works within 4m of protected trees (SLO2) 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 10 Halley Street, BLACKBURN (LOT 1 TP 596509T) for the Construction of a second (double storey) dwelling on a lot and buildings and works within 4m of protected trees (SLO2), subject to the following conditions:

1. Before the development starts, 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 Structural Root Zone and 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 dwellings (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) Details of all external services (i.e service metres, heating, cooling and hot water services, etc).

d) Location of externally accessible six cubic metre storage shed for Dwelling 2.

e) Location of bin storage area for Dwelling 2.

f) Replacement of the four (4) Lightwood Wattles (Acacia implexa) with four (4) Silver-leafed Stringybark (Eucalyptus cephalocarpa) on the landscape plan.

g) Replacement of the one (1) Blackwood Wattle (Acacia melanoxylon) with one (1) Messmate (Eucalyptus obliqua) on the landscape plan.

h) Replacement canopy trees must be located a minimum one (1 metre) from the rear (eastern) boundary fence.

i) Replacement of the Bidgee-Widgee, (Acaena novae-zealandae) for Austral-Stork’s Bill (Pelargonium austral) on the landscape plan.

j) Landscape plan updated to include all Condition 1 requirements.

k) External colours and materials updated to include natural ‘muted’ colours/ tones.

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.

3. Unless with the prior written consent of the Responsible Authority, all tree planting and landscaping as shown on the endorsed landscaping plan must be completed prior to the occupation of the development, 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, the 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 – 6.8 metre radius from the centre of the tree base.

ii. Tree 2 – 4.8 metre radius from the centre of the tree base.

iii. Tree 3 – 4.0 metre radius from the centre of the tree base.

iv. Tree N1 – 2.0 metre radius from the centre of the tree base.

v. Tree N2 – 2.0 metre radius from the centre of the tree base.

vi. Tree N6 – 2.0 metre radius from the centre of the tree base.

vii. Tree N7 – 2.0 metre radius from the centre of the tree base.

viii. Tree N8 – 2.0 metre radius from the centre of the tree base.

ix. Tree N9 – 2.0 metre radius from the centre of the tree base.

x. Tree N10 – 2.0 metre radius from the centre of the tree base.

xi. Tree N11 – 3.1 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 100 millimetres and undertake/ provide supplementary 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. The Project Arborist must have a minimum Diploma qualification in arboriculture to be appointed as the Project Arborist. The Project Arborist qualifications must read ‘Arboriculture’ for example ‘Diploma in Horticulture (Arboriculture)’.

b) The Project Arborist must supervise all approved works within the TPZs of Trees 1, 2, 3, N1, N2, N6, N7, N8, N9, N10 and N11. 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 percent of the TPZs of Trees 1, 2, 3, N1, N2, N6, N7, N8, N9, N10 and N11.

d) For Trees 1, 2, 3, N1, N2, N6, N7, N8, N9, N10 and N11 no roots greater than 40 millimetres in diameter are to be cut or damaged during any part of the construction process.

e) Any root severance within the TPZs of Trees 1, 2, 3, N1, N2, N6, N7, N8, N9, N10 and N11 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 structural root zone (SRZ) of any tree shown on the endorsed plans, and no roots greater than 40 millimetres in diameter are to be cut or damaged during any part of the construction process.

f) 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 development must be provided with external lighting capable of illuminating access to each garage and car parking space. 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.

8. 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.

9. 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.

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

11. 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.

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 seven (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.

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

Asset Engineer:

B. 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. That includes the design and construction of any required stormwater on-site detention system. The Applicant/ Owner is to submit certification of the design of any required on-site detention system from a registered consulting engineer (who is listed on the Engineers Australia National Professional Engineer Register or approved equivalent) to Council as part of the civil plans approval process.

C. 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.

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.

E. 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, naturestrip and kerb and channel.

F. The Applicant/ Owner must obtain a certificate of hydraulic compliance from a suitably qualified civil engineer to confirm that the on-site detention works have been constructed in accordance with the approved plans, prior to Statement of Compliance is issued.

G. 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.

H. No fire hydrants that are servicing the property are to be placed in the road reserve, outside the property boundary, without the approval of the Relevant Authority. If approval obtained, the property owner is required to enter into a Section 173 Agreement with Council that requires the property owner to maintain the fire hydrant.

I. Floor levels need to be amended if vehicle access to the garage cannot be achieved.

J. The architect and/or designer must ensure that vehicle access is to conform to the Australian Standards for Off-Street Parking (AS/NZS 2890.1:2004).

K. 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.

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: Rycon Building Group

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 18 Transport

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 1

Clause 42.03 Significant Landscape Overlay, Schedule 2

Clause 52.06 Car Parking

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

Clause 65 Decision Guidelines

Ward: Central

Subject site

26 Objector Properties

(22 outside of map)

North

BACKGROUND

History

The following planning permits apply to the subject site:

· Planning permit WH/2010/932 was issued 21 February 2011, and permitted the removal of two trees.

· Planning permit WH/2012/461 was issued 6 March 2013 and permitted buildings and works for the construction of sheds.

· Planning permit WH/2013/109 was issued April 2013 and permitted the removal of one (1) tree.

· Planning Permit WH/2019/237 was issued for the removal of one tree on 31 July 2019. The application sought approval for the removal of two trees, however the removal of the Grevillea robusta (Tree 3 in this proposal) was not supported.

The Site and Surrounds

The subject site is located on the south-east side of Halley Street, approximately 90 metres south of the intersection with Lake Road and opposite Rosalind Crescent. The site is generally rectangular in shape with a frontage of 18.29 metres to Halley Street, a depth of 65 metres, and a total site area of 1,184.8 square metres.

The site contains a single storey three-bedroom dwelling located towards the rear of the lot (setback approximately 38 metres from the front boundary). The dwelling is contemporary by design, utilising skillion and pitched roof forms and is constructed of brick with elements of rendered finishes. Access to the dwelling and its double-width garage is via a bitumen driveway adjacent to the north-west boundary.

The side and rear boundaries are fenced with two metre timber paling fences, while along the front boundary there is a 1.5 metre high timber picket fence. The site rises from the front to the rear with a fall of 3.9 metres. No easements are located on site.

The arborist report, prepared by Land Concepts, revised 3 February 2020, provides an assessment of 20 trees within the subject site. This includes:

Tree No.	Name	Height x Width (m)	DBH (cm)	Retention Value	Recommendation
1	Corymbia citriodora – Lemon Scented Gum	12 x 12	69	High	Shown retained within development
2	Fraxinus angustiolia subsp. – Desert Ash	16 x 7	62	Environmental weed	Shown retained within development
3	Grevillea robusta – Silky Oak	16 x 9	47	Low	Shown retained within development
4	Eucalyptus obliqua - Messmate	4 x 2	12	Low	Shown removed. Does not trigger a planning permit
5	Eucalyptus sp. – Gum	4 x 0.5	8	Low	Shown removed. Does not trigger a planning permit as circumference at 1m is less than 500mm
6 - 20	Pyrus calleryana - Cleveland	2 x 0.8	2	Low	Shown removed. Does not trigger a planning permit

The subject site is located in a residential area and is within proximity to the Blackburn Lake Sanctuary. Within the immediate context, the following is noted:

· To the north-east are two lots at 8 and 8A Halley Street. Number 8 contains a double storey rendered dwelling (with a front setback of 9.94 metres) on a lot approximately 915 square metres in size. Number 8A is a battle-axe shaped lot and contains a single storey dwelling on a lot of approximately 1,108 square metres in size.

· To the south-west, at 12 Halley Street, is a double storey weatherboard dwelling (with a front setback of 12.43 metres) on a lot 1,572 square metres in size.

· To the east, at 10 Dickens Street, is a single storey dwelling on an irregular shaped lot of 872 square metres.

Within Halley Street, there is a mix of different style dwellings, both two-storey and single-storey with a mix of tile and metal clad roofing. Most roof styles are pitched, with some evidence of flat roof forms. Most dwellings are of brick construction (some with rendered finishes) with some examples of weatherboard cladding. The appearance of vegetated garden areas around buildings in an important feature of the area.

Planning Controls

Neighbourhood Residential Zone, Schedule 1

Pursuant to Clause 32.09-6 a permit is required to construct a dwelling if there is at least one dwelling on a lot. A development must meet the requirements of Clause 55.

An application to construct a dwelling must provide a minimum garden area of 35 percent (based on overall size). The development plans indicate an area of 555.34 square metres, equating to 46.87 percent of the site (which complies).

Under Clause 32.09-10, a building must not exceed nine metres in height, (10 metres if the slope of the natural ground level, is greater than 2.5 degrees), whereby the height can extend a further metre.

Significant Landscape Overlay, Schedule 2

Pursuant to Clause 42.03-2 a permit is required for:

· The removal of a tree having a single trunk circumference of 0.5 metre or less at a height of one metre above ground level.

The amended proposal has retained Tree 3 therefore, no permit is triggered for tree removal.

PROPOSAL

The application proposes the construction of a double storey dwelling within the front setback area, with the existing dwelling towards the rear to be retained. The key features of the proposal include:

· The new dwelling is proposed to be setback between nine and 9.75 metres to Halley Street and a minimum of two metres from the south-west boundary. At upper level, the setback to Halley Street is between 9.9 and 10.7 metres and between 4.1 and 7.5 metres to the south-west boundary.

· The dwelling contains an open-plan kitchen, meals and family area, bedroom (with ensuite), small study, laundry and powder room at ground level. Two bedrooms, rumpus room and bathroom are located at first floor level.

· The existing crossover and driveway will provide access to a new double garage (located adjacent to the rear of the new dwelling).

· The dwelling proposes a contemporary residential design with a pitched roof to the forward upper level element, and otherwise provides flat roof forms. External materials include brickwork (with elements of bagged finishes), vertical board cladding, cement sheet cladding and Colorbond cladding to the roof.

· The overall height of the proposed dwelling is 8.8 metres.

· The area of secluded private open space is located to the south-west and is 87 square metres in size. The existing dwelling will have an area of secluded private open space to its rear and comprises an area of 298 square metres.

· The total site coverage for the dwellings is 34.65 percent and including hard paved surfaces is 53 percent, which is over the trigger for a planning permit of 50 percent

· Tree 1 Corymbia citriodora - Lemon Scented Gum and Tree 2 Fraxinus angustiolia subsp. – Desert Ash within the front setback would be retained, Tree 3 (Grevillea robusta – Silky Oak), within the area of secluded private open space to Dwelling 1 will be retained however Trees 4 (Eucalyptus oblique – Messmate), 5 (Eucalyptus sp – Gum) and the Pyrus calleryana trees are proposed to be removed.

· The existing 1.5 metres high front fence is to be retained.

For further details of the proposal, refer to the decision plans, prepared by Rycon Building Group, dated issue C 30 January 2020. The application was accompanied by

· Landscape Plan, prepared by Land Concepts, dated 3 February 2020.

· Arborist Report, prepared by Land Concepts, dated 3 February 2020.

CONSULTATION

Public Notice

Revision B Plans dated 30 September 2019 were advertised by mail to the adjacent property owners and occupiers and by erecting one public notice sign. Following the advertising period twenty six (26) objections were received. The issues are summarised as:

· The development is not sympathetic to the purpose and objectives of the applicable planning controls.

· Neighbourhood character

· Over-development of the site

· Excessive visual bulk and scale

· Excessive hard-paved surfaces

· Lack of permeable area

· Site coverage

· Tree removal

· Inadequate indigenous canopy tree replacement planting or space provided for canopy trees in line with SLO2 objectives.

· Impact to habitat links to the Blackburn Lake Sanctuary

· Set a precedence for further over-development

Section 57A Amendment

A Section 57A amendment was lodged 4 March 2020 to address issues raised by referrals and objections raised where possible. The plans were amended as follows:

· The laundry, powder room and meals area modified to allow for the retention of Tree 3 within the secluded private open space of Dwelling 1.

· The area of secluded private open space to Dwelling 1 increased from 72 to 87 square metres.

· The inclusion of five new 15 metre high canopy trees throughout the site as per an updated landscape plan. This includes an additional tree within the front setback, one located on the south side boundary (between dwellings) and three within the rear yard of Dwelling 2.

· The study and guest bedroom reduced in size to allow a three metre setback to the south boundary (in lieu of 1.85 metre setback).

· Bed 3 on the upper floor has been brought forward (10.7metres) as a result of ground floor changes.

· The garden bed opposite Dwelling 1 garage reduced to improve vehicle turning manoeuvres.

· Inclusion of a 45 degree angled wall to the family room to Dwelling 1 to improve onsite vehicle turning.

· Modifications to the driveway to account for the SRZ of Tree 2.

· The site coverage reduced from 35.86 percent to 34.6 percent.

These plans were re-advertised, no further objections or comments were received. No objections were withdrawn.

Consultation Forum

A Consultation Forum was held 4 August 2020, chaired by Councillor Munroe online (via Zoom). Approximately 13 objectors, the applicant (and representatives) and Council officers attended the meeting (17 attendees in total).

Discussions included the following outcomes:

Replacement Canopy Trees

Concerns were raised with the chosen replacement canopy trees not meeting the (over) 15 metre height in accordance with the Significant Landscape Overlay, Schedule 2. In particular the four Lightwoods (Acacia implexa) and one Blackwood (Acacia melanoxylon). The attendees were advised that Council’s Tree Education Officer had also raised concerns with the Acacia species. It was recommended that all Acacia species be placed with Silver-leafed Stringybark (Eucalyptus cephalocarpa).

The applicant agreed to swapping the two Acacia species with the species recommended by the Tree Education Officer, which will be included as a Condition 1 requirement.

Concerns were also raised with regard to the trees nominated as meeting the one canopy tree (capable of reaching over 15 metres in height) for every 150 square metres of site area, actually reaching over 15 metres.

The amended landscape plan nominates the following trees as meeting the above requirement:

· One Lemon-scented Gum - Corymbia citriodora (existing canopy tree).

· One Silky Oak – Grevillia robusta (existing canopy tree).

· Four Lightwood - Acacia implexa (replacement canopy trees)

· One Blackwood - Acacia melanoxylon (replacement canopy trees).

Council’s Tree Education Officer was consulted after the Forum with regard to Tree 3 and its ability to reach over 15 metres in height. It was confirmed that Silky Oak (Grevillea robusta), is capable of reaching over 15 metres in height. Therefore the site meets the required seven canopy trees capable of reaching over 15 metres in height.

Re-location of the replacement canopy trees along the rear of the lot (behind the existing dwelling) was discussed. No agreement was reached, however replacement canopy trees to be a minimum of one metre from the rear boundary fence, will be included as a Condition 1 requirement.

External Colours

The choice of external colours to the upper floor were raised with regard to interrupting views. The applicant agreed to revise the external colour pallet, which will be included as a Condition 1 requirement.

Referrals

External

The application was not required to be referred under Section 55 of the Act.

Internal

Assets Engineer

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

Planning Arborist

The Section 57A amendment has been reviewed by Council’s arborist. The level of impact to the tree’s TPZ within the development include:

· Tree 1 – 7%

· Tree 2 – 14.2%

· Tree 3 – 10%

Based on the level of encroachment and the existing site conditions, the proposal can be supported in relation to these trees.

There is no concern with the loss of Trees 4, 5, 6, 7, and 8 as they are small trees and can be easily replaced.

The level of encroachment into the following protected trees identified as trees within adjoining properties:

· Tree N1 – 0%

· Tree N2 - N6 – 0%

· Tree N11 – 0%

There is no concern with any level of impact to these trees, subject to the implementation of tree protection measures via conditions of the permit.

Tree Education Officer (TEO)

The Section 57A plans have been reviewed by the TEO, a summary of the comments are provided.

There is a significant concern regarding the inclusion of the four Lightwood Wattles, Acacia implexa, as canopy trees that will reliably reach 15 metres in height. While Acacia implexa is listed in The Flora of Melbourne as reaching 15 metres, they are not often observed at greater than 10 metres in height in Whitehorse and certainly not consistently. In this area of Blackburn the dominant canopy species would have been Silver-leafed Stringybark (Eucalyptus cephalocarpa) and it is suggested this species is included in the landscape plans given the sites proximity to Blackburn Lake Sanctuary.

A Blackwood Wattle, Acacia melanoxylon, has also been included in the landscape plan, which does have potential to reach 15 metres in good growing conditions. This species choice is supported along with its chosen location.

With regard to the middle and understory plantings, the landscape plan contains a good mix of native and indigenous species. The Helichrysum has had a name change to Coronidium which should be noted when ordering. The Bidgee-Widgee, Acaena novae-zealandae, may be worthwhile replacing with Austral-Stork’s Bill, Pelargonium austral, which is far more attractive.

A condition requiring the three of the Lightwood Wattles be replaced with Silver-leafed Stringybark (Eucalyptus cephalocarpa) in the same location, will be included as a permit condition. The replacement of the Bidgee-Widgee, Acaena novae-zealandae for Austral-Stork’s Bill, Pelargonium austral, will also be included as a permit condition.

ASSESSMENT

Policy Context

The central issue surrounding this application focuses on whether the proposal successfully resolves the tension between State planning policy, which seeks consolidation within existing urban boundaries, particularly within proximity to the Principal Public Transport Network (PPTN) and activity centres, with that of local policy which seeks minimal change in a landscape setting. It does not result in no development, but development that has minimal impacts on the existing preferred neighbourhood character. The subject site is immediately adjacent to the PPTN boundary and is approximately 1.5 kilometres to the Blackburn Activity Centre.

The following provides an outline of the relevant local planning provisions.

Clause 21.06 (Housing) is informed by Council’s Housing Strategy, 2014. It outlines how the municipality will contribute to the State’s housing objectives for Metropolitan Melbourne. It identifies three categories of housing change. The subject site placed within a ‘limited change’ area. Limited change areas enable specific characteristics of the neighbourhood, environment or landscape to be protected through greater control over new housing development. These areas represent the lowest degree of intended residential growth in Whitehorse. The policy identifies that some limited medium density development will occur.

Clause 22.03 (Residential Development) seeks to ensure new development reflects the minimal change designation of housing policy and contributes to the preferred character for this neighbourhood.

Clause 22.04 (Tree Conservation) encourages new development to minimise the loss of significant trees and promotes regeneration of tall trees by ensuring sufficient spaces exists in new development for re-planting of tall trees. The policy sets ‘performance standards’ for the retention and regeneration of trees.

These policies, amongst other State planning policies, justify the zoning of the site and surrounds in the Neighbourhood Residential Zone, Schedule 1. The purpose of this zone places great weight on neighbourhood character and its associated policies. Schedule 1 of the Zone encourages further curtailing of the ResCode standards for new dwellings by specifying lesser site coverage and greater permeability, discouraging the construction of any walls on boundaries, and specifying greater landscaping, side setbacks and private open space than generally apply. Its decision guidelines require more diligent consideration of the provision or retention of vegetation than generally apply.

The proposed development, subject to minor variations, is consistent with the objectives and intent of Council’s local policies for developments within Limited Change areas and the Bush Environment Precinct.

Consistency with Planning and Local Planning Policies

The proposal is consistent with Planning and Local Planning Policies which seek to ensure housing stock matches changing demand by widening housing choice; encourage the development of well-designed housing that respects the neighbourhood character and appropriately responds to the surrounding prevailing landscape character and valued built form and cultural context.

Under Clause 21.06 (Housing), the subject site is located within a ‘Limited Change Area’ and under Clause 22.03 (Residential Development), the site is included within a Bush Environment precinct. Clause 22.04 (Tree Conservation) aims to assist in the management of the City’s tree canopy by ensuring that new development minimises the loss of significant trees. These local policies enable specific characteristics of the neighbourhood, environment and landscape to be protected through greater control over new development. Moreover, architectural, urban design and landscape outcomes must positively contribute to the local urban character whilst minimising impacts on the neighbouring properties.

Consideration must also be given to the design response in relation to the site’s location within the Significant Landscape Overlay, Schedule 2 (SLO2). The SLO2 is recognised as an important part of the Whitehorse Planning Scheme, and as such considerable weight is placed upon an application’s ability to meet the objectives and decision guidelines. The presence of the SLO2 does not negate the ability of a site to be developed for residential purposes, however the hierarchy of the SLO2 control does require a more sensitive approach and places higher levels of expectation on how a site is to respond to built-form, landscape and environmental values.

It is not expected that all existing dwellings will continue to provide suitable housing stock into the future, nor that the SLO areas and SLO controls seek to prohibit development. The performance measures of the SLO2 however, are designed to guide and shape new development to ensure the environmental and landscape elements valued by the community continue to be protected, and any new development respects and responds to these performance objectives.

This second dwelling has sought to respond to these measures through its siting generally within the frontage of the site, setbacks that generally respond to surrounding built form, articulated façade features, flat roof to maintain a less conspicuous profile, upper floor setbacks, setbacks sufficient to protect significant trees, and space for a landscaping and replanting response that highlights the SLO2 objectives.

Neighbourhood Character

The subject site forms part of the Blackburn Lake Area which is an atypical suburban area given its bush environment character.

The City of Whitehorse Neighbourhood Character Study, 2014 summarises the existing architectural style in the area, as ‘mixed, and includes pre-WWII (including heritage significant bungalow dwellings), post-war, 1940s, 1950s and contemporary infill styles. In terms of the landscape setting, ‘Gardens are bushy and informal with predominantly native/indigenous species and large canopy trees. The appearance of vegetated garden areas around buildings is an important feature of this precinct’.

Achieving a preferred character for the area is guided by the ‘Preferred Character Statement’ outlined within Clause 22.03-5. The preferred character setting for the Bush Environment Setting is:

‘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 street trees and a lack of front fencing. 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 subject site is also included within the Significant Landscape Overlay, Schedule 2 (Blackburn Area 2). The area is recognised as having special significance attributed to the quality of the environment, which includes vegetation notable for its height, density, maturity and high proportion of Australian native trees. This in turn contributes to the significance of the area as a valuable bird and wildlife habitat. The Schedule provides a number of landscape objectives to be achieved, which can be summarised as retaining the dominance of vegetation cover, in keeping with the bush character environment and encouraging development that retains an inconspicuous profile. The Schedule also includes a number of ‘decision guidelines’ which also test a development’s responsiveness to a preferred neighbourhood and landscape character.

The provision of an additional double storey dwelling within the front setback will provide an appropriate character outcome. The new dwelling will ‘fill in the gap’ within the front setback area which maintains the established siting pattern along the streetscape. The new dwelling would provide consistent front setbacks with that of adjoining dwellings. The double storey dwelling to the north is setback of minimum of 9.94 metres to Halley Street and the adjoining double storey dwelling to the south is setback 11 metres. The minimum setback of nine metres at ground level (from the front façade) and 9.9 metres at upper level proposed for the new dwelling on the subject site, will not ‘overwhelm’ the established streetscape.

The development allows for tree retention, with sufficient area for new tree planting and landscaping to ensure a vegetated character is retained and enhanced. Within the front setback area, Tree 1 (Corymbia citriodora – Lemon-scented gum) and Tree 2 (Fraxinus angustifolia – Desert Ash) are retained and complimented by the provision of a new Acacia implexa – Lightwood tree and approximately 333 indigenous and native shrubs, ground covers and grasses. This ensures the streetscape will be dominated by vegetation as encouraged by the preferred character statement, and as is reflected in the wider area.

The amended plans reduce the footprint to Dwelling 1, allowing for the retention of Tree 3 (Grevillea robusta – Silky Oak) within the area of secluded private open space. This will soften the appearance of the new dwelling, particularly when viewed from the adjoining lot. Overall, the revised landscape plan provides for 14 trees within the development and approximately 333 shrubs and groundcovers.

Tree A (Melaleuca styphelioides – Prickly Paperbark) is located adjacent to the existing dwelling within the side (northern) setback, which is un-impacted by the second dwelling and is to be retained.

Applying the average tree density decision guideline to the site (area of 1,184 square metres) equates to seven, 15 metre high canopy trees. The proposal retains four existing canopy trees and proposes five locally indigenous canopy trees which, as previously discussed, will be conditioned to comply with achieving a mature height of 15 metres. On balance, the total of eight large canopy trees which can achieve a mature height of 15 metres provides a strong response to the SLO2 objectives.

The site coverage is 34.65 percent which is comfortably less than the 40 percent specified in the Zone’s schedule and marginally (1.65 percent) above the permit trigger of 33 percent under the Overlay. The site’s permeability at 37.7 percent is marginally less (2.3 percent) than the preferred 40 percent, however the ‘garden area’ equates to 46.87 percent of the site, which is above the 35 percent required under the zone. The permeable area across the site, provides the opportunity for tree retention and new landscaping, demonstrating the ability to achieve a preferred character outcome.

The immediate locality supports a variety of built form outcomes, including two-storey dwellings with a variety of roof forms. The proposed development provides a modest upper level footprint (equating to a site coverage of 6.5 percent) with generous side setbacks and articulated forms. This leads to an outcome that presents an inconspicuous profile, particularly in a setting of large canopy trees with understorey planting.

Other attributes of the development that reflect the preferred character outcome include:

· The provision of a single-width crossover and driveway, maximising garden space across the site’s frontage.

· Recessing the car accommodation into the site to avoid the dominance of car parking structures to the street.

· Avoiding any boundary development and providing a ground level internal separation of approximately 3.9 metres to reinforce the level of spacing between and around buildings. Similar in terms of the sub division patterns of 2, 4, 6, 8, 14 and 18 Halley Street.

· When looking at the subject site in a broader context, due to its length even with a second dwelling, the site maintains a pattern of lot size and development that reflects what surrounds it.

The above assessment identifies how the proposal for a second dwelling can appropriately meet the neighbourhood character objectives of the planning scheme and specifically the SLO2. It is argued that the proposal for a second dwelling, in itself, does not automatically assume that the important character elements of Halley Street and its surrounds are not met. The assessment is one of size, scale, bulk, setback, building materials, and height to name some of the variables. This is relevant as construction of a single dwelling on a lot of this size could achieve a sizeable built form, and still be ‘under’ the SLO2 permit triggers, thereby resulting in a more dominating built form than is proposed under this application.

On balance the proposed development is able meet the decision guidelines under the overlay and therefore integrates with the preferred neighbourhood character (Bush Environment).

Amenity

Clause 55.04 (Amenity Impacts) sets out a number of objectives and standards that seek to ensure the amenity of adjoining residential lots are 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 and does not cause unreasonable over shadowing to adjoining areas of secluded private open space.

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.

On site amenity

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

Standard B25 (Accessibility) encourages the consideration of the needs of people with limited mobility. The dwelling entries of the ground floor of both dwellings are accessible for people with limited mobility.

The areas of secluded private open space include an 87 square metre area with a minimum dimension of five metres for Dwelling 1 and a 298 square metre area with a minimum dimension of five metres for Dwelling 2. These areas are directly accessible from the living area and the sizes exceed the minimum prescribed under Standard B28 (Private Open Space).

The dwellings enjoy daylight to new windows in accordance with Standard B27 (Daylight to New Windows) and Dwelling 1 is provided with six cubic metres of accessible and secure storage (located within the garage). The location of an external storage shed for Dwelling 2 will be included as a permit condition.

Standard B34 (Site services) encourages bin and recycling enclosures to be adequate in size, durable and to blend in with the development. The storage of bins for Dwelling 1 are on the south elevation adjacent to the garage. The location of bin storage for Dwelling 2 will be addressed via a permit condition.

It has been demonstrated that the proposal provides for sufficient on site amenity.

Response to objections

Concerns raised by objectors are outlined and addressed below:

The development is not sympathetic to the purpose and objectives of the applicable planning controls.

As previously discussed, in response to the concerns raised by objectors, the plans were amended and included a number of changes including:

· Reducing the building footprint

· Increasing permeable area

· Retaining three existing trees.

· Providing five native re-placement canopy trees capable of reaching a height of 15 metres.

These plans were re-advertised with no further objections or concerns raised.

Neighbourhood character

As above, in response to the concerns raised by objectors, the plans were amended as listed. As previously discussed, the location of Dwelling 1 is in keeping with the existing pattern of development along the eastern side of Halley Street and demonstrates a high level of compliance with the varied schedule to the zone, the Significant Landscape Overlay, Schedule 2 and preferred neighbourhood character (Bush Environment).

Over-development of the site

As previously discussed, the subject site is 1187.38 square metres. The preferred lot size under the Bush Environment neighbourhood character is 650 square meters, which the new site is under by 12.62 square metres. However as demonstrated, the subject site is able to comfortably accommodate a second dwelling, as well as meet the varied schedule under the Neighbourhood Residential Zone, the Significant Landscape Overlay, Schedule 2 decision guidelines and preferred neighbourhood character (Bush Environment).

Excessive visual bulk and scale

As above, in response to the concerns raised by objectors, the plans were amended as listed. The proposed second dwelling is in keeping with existing dwellings on the adjoining lots to the north and south of the site, does not exceed the maximum allowable height of nine metres (permitted under the Neighbourhood Residential Zone) and provides generous setbacks at both ground and upper level to all elevations.

Site coverage, excessive hard-paved surfaces and lack of permeable area

As above, in response to the concerns raised by objectors, the plans were amended as listed. The proposed development requests minor variations as follows:

· Site coverage is 34.65, which is 1.65 percent above the 33 percent permit trigger under the Overlay, and below the varied schedule to the zone of 40 percent.

· The amended plans indicate hard surfacing at 23.5 percent (this includes all permeable paving), which is above the 17 percent permit trigger under the Overlay by 6.5 percent. This is assessed as acceptable, due to the retention of the existing asphalt driveway, resulting in less disturbance to existing trees on site and the inclusion of permeable paving in the secluded private open space of Dwelling 1.

· The permeability of the site is 37.7 percent, which is 2.3 percent less than the preferred 40 percent under the schedule to the zone, however permits the planting of the required number of large canopy trees in accordance with the Overlay.

· The site provides ‘garden area’ of 46.87 percent which exceeds the minimum 35 percent requirement under the Neighbourhood Residential Zone.

Tree removal

In response to the concern around tree removal, the application was amended to provide for the protection of Tree 3 (Grevillea robusta – Silky Oak). This tree is in fair health and fair-good structure and is clearly visible from various vantage points throughout the street and the surrounding area. All other protected trees on site are to be retained and incorporated within the development.

Landscape response

The modified landscape plan shows a comprehensive response to the site with five new canopy trees to complement the retained trees. As previously discussed, a permit condition will be included to ensure replacement canopy trees are capable of reaching the required 15 metres in height under the SLO2. This equates to eight large canopy trees overall along with the ten retained Pyrus calleryana along the northern boundary.

Impact to habitat links to the Blackburn Lake Sanctuary

The statement of nature and key elements under the overlay identifies the significance of the area is attributed to the high proportion of Australian native trees which in turn, contributes to the wildlife habitat within the area. The proposal retains significant trees across the site and introduces over 300 new native shrubs and ground covers. This provides a clear net benefit to the wildlife habitat within the area.

Set a precedence for further over-development

As discussed above, the proposal is not an over-development of the site, rather one which balances urban consolidation objectives with maintaining a preferred landscape character. In addition, each planning application is considered on its merits, the approval of this development does not set precedence for approval of other developments.

CONCLUSION

The proposed development is consistent with the relevant planning controls and policies, including the Planning and Local Planning Policies and provisions of the Neighbourhood Residential Zone, Schedule 1 and the Significant Landscape Overlay, Schedule 2. The proposed development form, siting and overall design is acceptable and will integrate into the existing built form and character.

The application has been advertised and 27 objections have been received. The issues have been discussed above.

It is considered that the application should be approved.

Attachment

1 Decision Plans

Attendance

Cr Davenport the virtual meeting at 7:20pm, returning at 7:21pm.

Whitehorse City Council

Council Minutes 24 August 2020

9.1.2 12 Tennyson Street, BURWOOD (LOT 167 LP 8828 52B) Use and Development of two double storey rooming houses and associated tree removal (SL09)

FILE NUMBER: WH/2019/632
ATTACHMENT

SUMMARY

This application was advertised, and a total of 15 objections were received from 14 objector properties. The objections raised issues with neighbourhood character, amenity impacts, car parking and traffic, site services and landscaping. 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/2019/632 for 12 Tennyson Street, Burwood 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 12 Tennyson Street, Burwood (Lot 167 LP 8828 52B) 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 is 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 four (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 32.08-4 of the General Residential Zone. The denoted Garden Area must be clearly hatched and demonstrated on a separate scaled site plan, and be no less than 35 percent of the site area.

d) The vehicle crossover to be dimensioned.

e) Dimensioned longitudinal cross section of driveway ramp grades with finished surface levels.

f) The provision of two bicycle spaces per dwelling.

g) Fixed obscure glazing 1.7 metres from finished floor level to Bed 2 of Dwelling 1.

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

i) Site plans to reflect the following:

· Rainwater tanks of a minimum 4,000 litre capacity for retention purposes for each dwelling.

· An annotation that the rainwater tank size of 4,000 litres is allocated for reuse/ retention purposes and excludes any volume allocated for detention.

· An annotation that rainwater tanks are connected to all toilet flushing, laundry systems and irrigation areas.

· Permeable paving identified and annotated to driveway entry areas.

j) A Landscape Plan in accordance with Condition 3.

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

Landscaping and Tree Protection

3. No building or works must be commenced (and no trees or vegetation shall be removed) until a landscape plan prepared by a suitably qualified and experienced person or firm has been submitted to and endorsed by the Responsible Authority. The plan shall be generally in accordance with the plan submitted. This plan when endorsed shall form part of this permit. This plan shall show:

a) The layout to reflect all changes required by Condition 1.

b) Replacement canopy trees are to be located a minimum of three (3) metres from buildings, one (1) metre from any boundary fencing and within dedicated garden beds.

Landscaping in accordance with this approved plan and schedule shall be completed prior to the occupation of the development.

5. Prior to commencement of any building or demolition works on the land, 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 5 – 2.8 metre radius from the centre of the tree base.

ii. Tree 6 – 2.0 metre radius from the centre of the tree base.

iii. Tree 7 – 2.0 metre radius from the centre of the tree base.

iv. Tree 8 – 2.7 metre radius from the centre of the tree base.

v. Tree 9 – 2.1 metre radius from the centre of the tree base.

vi. Tree 10 – 4.2 metre radius from the centre of the tree base.

vii. Tree 13 – 3.91 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.

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) For Trees 5, 6, 7, 8, 9, 10 and 13 no roots greater than 40mm in diameter are to be cut or damaged during any part of the construction process.

b) 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 (which includes trenching and site scrapes) within greater than 10% of the TPZs of Trees 5, 6, 7, 8, 9, 10 and 13.

c) No buildings or works, including soil level changes, trenching or the installation of services are to be undertaken within the SRZs of trees 5 – 10.

d) The builder / site manager must ensure that Specific Tree Protection measures and TPZ Fencing Conditions for Trees 5, 6, 7, 8, 9, 10 and 13 are being adhered to throughout the entire building process, including site demolition, levelling and landscape works.

Use

7. No more than 9 persons may be accommodated in each building at any one time.

8. Prior to the commencement of use a Rooming House Management Plan must be submitted to and approved by the Responsible Authority. The Rooming House Management Plan is required to provide a detailed list of actions to demonstrate how the premises will avoid noise and amenity impacts and manage the use of the site and must include the following:

a) Induction of residents to be familiar with the behaviour requirements of the Management Plan;

b) A log for recording residents and visitor details;

c) The name and contact details of the site manager;

d) The site manager must be responsible for residents behaviour in accordance with the requirements of the Rooming House Management Plan ;

e) All issues or complaints that arise must be recorded and must include details of actions taken to address the issue or complaint;

f) Details of how noise levels and resident behaviour will be managed for the use to reduce impacts on adjoining residential properties;

g) The management must, as required by the Responsible Authority, make statements on its behalf to any officer of the Responsible Authority concerning the conduct of the premises.

9. Prior to 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.

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

Contact details of the operator must be provide by and updated (when required) by the owner/ manager to the Responsible Authority.

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

12. 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.

Asset Engineering

13. 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.

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

15. 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 seven (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.

16. 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 (WMP)

17. 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 bin placements proposed on Tennyson Street 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 one (1) metre of any infrastructure and are to have a height clearance of four (4) metres for collection.

Expiry

18. 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 Whitehorse City Council 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 may 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. 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 Davenport, Seconded by Cr Barker

That Council:

A. Being the Responsible Authority, having caused Application WH/2019/632 for 12 Tennyson Street, Burwood (Lot 16 LP 8828) 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 two double storey rooming houses and associated tree removal (SLO9) is not acceptable and will unreasonably impact the amenity of adjacent properties.

B. Issue a Refusal to Grant a Permit under the Whitehorse Planning Scheme to the land described as 12 Tennyson Street, Burwood (Lot 16 LP 8828) for the Use and development of land for the purpose of two double storey rooming houses and associated tree removal (SLO9), on the following grounds:

1. The proposal is contrary to the Local Planning Policy Framework contained in the Whitehorse Planning Scheme, particularly in relation to the following Clauses:

a) Clause 21.05 (Environment);

b) Clause 21.06 (Housing);

c) Clause 22.03 (Residential Development);

d) Clause 22.04 (Tree Conservation)

2. The proposal fails to meet the landscape character objectives and the decision guidelines of Clause 42.03 of the Significant Landscape Overlay, Schedule 9.

3. The development fails to meet the following Standards of Clause 55 (including Standards as varied by the Schedule to the General Residential Zone):

a) B1 (Neighbourhood character)

b) B13 (Landscaping)

c) B21 (Overshadowing)

d) B22 (Overlooking)

4. The proposal fails to achieve the design standards of Clause 52.06-9 (Design Standards for car parking).

CARRIED

MELWAYS REFERENCE 61 A3

Applicant: WestUrban Group

Zoning: General Residential Zone, Schedule 3 (GRZ3)

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 22.11 Burwood Heights Activity Centre

Clause 32.09 General Residential Zone, Schedule 3

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

15 objections from 14 objector properties

North

BACKGROUND

History

There is no known planning permit history for the subject site.

The Site and Surrounds

The subject site is located on the north side of Tennyson Street, approximately 120 metres west of the intersection with Middleborough Road. The site is rectangular in shape, with a frontage of 18.24 metres to Tennyson Street, a maximum depth of 50.29 metres with an overall site area of 920 square metres.

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

The arborist report, prepared by ArborReport Victoria, provides an assessment of 13 trees. This includes Trees 1, 2, 3, 11 and 12 within the subject site and Trees 4, 5, 6, 7, 8, 9, 10 and 13 within adjoining lots. All trees, except for Trees 1 and 7 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 10 Tennyson Street, is a medium density development comprising three double storey rendered dwellings.

· To the west, at 14 Tennyson Street, is a single storey brick dwelling.

· To the south, at 11 Johnston Street, is a single storey weatherboard dwelling.

The subject site is included within the Burwood Heights Activity Centre (a major activity centre). The subject site is also located within the Principal Public Transport Network (PPTN) and served by a tram and bus services.

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:

Rooming House

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 as:

· More than nine bedrooms are proposed;

· The total floor area exceeds 300 square metres; and

· More than 12 persons will be accommodated.

Clause 55 applies to ‘Two or more dwellings on a lot and Residential Buildings’.

Under Clause 32.08-4, an application to construct a residential building on a lot must provide a minimum garden area of 35 percent (as the lot is greater than 650 square metres). This has not adequately addressed and will be discussed later in the report.

Significant Landscape Overlay, Schedule 9

Amendment C191 introduced Schedule 9 to the Significant Landscape Overlay, to the Whitehorse Planning Scheme on an interim basis. Amendment C219 applies an amended SLO9 from 30 July December 2020 for a period of 12 months.

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

Tree removal

Tree No.

Name

Height x width (m)

DBH (cm)

Retention Value

Comments

Grevillea robusta - Silky Oak

10 x 5

Medium

Mid-sized native tree with structural fault.

Photinia serrulata - Chinese Hawthorn

6 x 8

Low

A number of stems arise from a common base at ground level.

Trees on adjoining lots

Tree No.	Name	Height x width (m)	DBH (cm)	Retention Value
4	Grevillea robusta – Silky Oak	14 x 9	45	High
5	Ligustrum lucidum - Broad Leaf Privet	6 x 5	12, 14 and 15	High
6	Coprosma repens - New Zealand Mirror Bush	5 x 3	16	High
7	Coprosma repens - New Zealand Mirror Bush	4 x 5	2 x 12	High
8	Coprosma repens - New Zealand Mirror Bush	6 x 6	2 x 16	High
9	Coprosma repens - New Zealand Mirror Bush	5 x 6	18	High
10	Ligustrum lucidum - Broad Leaf Privet	8 x 8	17 and 2 x 22	High
13	Eucalyptus tricarpa - Red Ironbark	10 x 9	22	High

PROPOSAL

The application proposes the development of two double storey residential buildings 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 (building).

Development:

· The two units are detached by one metre and arranged one behind the other.

· At ground level, Unit 1 is setback 9.5 metres to Tennyson Street, with a minimum setback of 1.36 metres to the east boundary. Unit 2 is setback between two and 3.3 metres from the rear boundary, a minimum of 1.73 metres from the east boundary and a minimum of 1.5 metres from the west boundary.

· The upper levels are setback between 2.28 and 2.9 metres to the east boundary, between 2.29 and 6.16 metres to the west boundary and 2.83 metres to the north boundary. An 11 metre separation is provided between the upper levels of the two units.

· Shared vehicle access is via modifications to the existing crossover and a driveway located adjacent to the west boundary. The development provides for two, double-width garages located centrally within the site.

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

· The total number of bedrooms proposed within the development is 18 (nine per dwelling).

· The areas of secluded private open space are within the eastern setback for both units. The area for Unit 1 is 59.47 square metres and the area for Unit 2 is 35.5 square metres both with a minimum dimension of five metres.

· External materials comprise a mix of face brickwork at ground level, render finish at upper 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 8.78 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 Tennyson Street frontage. Following the advertising period 15 objections (from 14 objector properties) were received.

The issues raised are summarised as follows:

· Neighbourhood Character:

o Use is inconsistent with the established residential character

o The use is better suited to Burwood Highway or Middleborough Road

o High-density living and overdevelopment

o Lack of landscaping opportunity

· Amenity impacts

o Increased noise

o Safety impacts and potential increase in crime

o Transient residents that have little affiliation with the community and surrounds

· On site amenity

o Creates sub-standard living spaces with proportional lack of private open space, landscaping and minimal communal area.

· Car Parking

o Insufficient on site car parking

o Increased on-street parking demand

o Traffic safety impacts on the street

· Landscaping

o Minimal landscaping within the site to accommodate large number of residents.

· Site Services

o Lack of waste storage

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

o Unwanted furniture is likely to be dumped on nature strip due to transient nature of residents

· Non-planning matters

o Loss of property values

Consultation Forum

A Consultation Forum was held 23 July 2020, chaired by Councillor Davenport online (via Zoom) with seven attendees, the issues addressed are as follows:

Neighbourhood character.

· Developments in the area (including Brickworks) have already begun eroding the neighbourhood, this proposal will further entrench it.

· High level density development unsuited to Tennyson Street, should be contained to major roads.

· Student accommodation well catered for in the area.

Amenity

· Increased noise from 18-20 residents and 18 air conditioners.

· Dumped rubbish from frequent tenancy turn over.

· Transient population with no attachment to the area.

· Decrease in safety with increase of transient population.

Overlooking

· Bed 2 of Dwelling 2 (ground floor) has views into 14 Tennyson.

Traffic and Car parking

· International student car ownership higher than assessed.

· Traffic has increased due to development at 399 Burwood Highway, the development will further increase traffic flow.

· Increased on-street car parking congestion, Council issued parking permits should be limited or restricted for the site.

Non Planning Matters

· Decrease in property values.

Referrals

External

The application was not required to be externally referred under Section 55 of the Act.

Internal

Environmentally Sustainable Development

The application has been reviewed by Council’s Environmental Sustainable Development Officer. Having assessed the development against Clause 55.04-3 (Permeability and Stormwater Manager Objectives) the proposal will meet Council’s Integrated Water Management expectations and requirements subject to conditions.

Transport Engineer

The application has been reviewed by Council’s Transport Engineering Officers. Having assessed the development, the proposal is supported subject to cross section diagrams demonstrating ramp grades.

Assets Engineer

The application has been reviewed by Council’s Asset Engineering Officers. 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 5, 6, 7, 8, 9, 10 and 13 on adjoining lots, the proposed buildings and works encroachments into the TPZs of retained trees can be supported, subject to tree protection condition requirements.

DISCUSSION

The primary considerations for this application are as follows:

· Use of the land;

· Development assessment (Clause 55);

· 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). The permit trigger for a rooming house is accommodating more than 12 people or providing more than nine bedrooms and this proposal triggers both.

A 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 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.

· Transient nature of residents.

· 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 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. Assessment against the Standards and Objectives can be tempered by consideration of the communal nature of the housing, but still can provide a usual assessment tool for this type of development.

General guidance to the exercise of discretion 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 demand.

The subject site is included within the Burwood Heights Activity Centre with the core of the centre, a short distance to the east (opposite Middleborough Road to the east). The role of the activity centre is to accommodate a mix of uses that responds to the needs of the local community.

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 an implementation of the waste management plan, a limitation on the number of occupants at any one time to one per bedroom (total of 18 residents), and for the use of the two rooming houses to be managed by a site manager.

On the matter of crime, the planning scheme cannot be used as a mechanism to control behaviour of individuals.

Residential Character

The subject site is located within the Garden Suburban, Precinct 4 area under Clause 22.03 (Residential Development). The preferred character statement includes (as relevant):

‘The area will retain its classic garden suburban characteristics of modest, pitched roof dwellings in formal garden settings. The defined pattern of regular front setbacks and side setbacks from both side boundaries will be maintained, allowing sufficient space for planting and growth of new vegetation. Low or open style front fences will provide a sense of openness along the streetscape, and allow views into front gardens.

Properties abutting or situated close to Gardiner’s Creek will contain substantial vegetation, and development will be sited so that the overall visibility of buildings is minimised when viewed from the creek corridor.

Areas with good access to trams and shops 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 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 minimum height of eight metres.

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 General Residential Zone, Schedule 3, the Significant Landscape Overlay, Schedule 9, Clause 22.03 (Residential Development) and Clause 22.04 (Tree Conversation), as outlined below.

The character of Tennyson Street comprises a mix of original housing stock, older style infill development and a number of new contemporary medium density developments, many of which are double-storey in scale and prominent in their built form. Nearby examples include the adjoining development to the east (three, double storey dwellings at 10 Tennyson), the adjoining developments to the north-east, at 7 and 9 Johnston Street (each containing three, double storey dwellings) and three double storey dwellings at 3 Tennyson Street. Given the established neighbourhood context, the site is capable of supporting two double storey dwelling forms, as the proposed built form reflects similar scale and proportions of nearby developments.

The Precinct Guidelines identify front setbacks within the Precinct ‘as generally 3 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 Tennyson Street is 9.5 metres with minimum setbacks to the east and west boundaries varying between 1.36 and 1.73 metres. These front and side setbacks maintain and reinforce the rhythm of space between and around buildings elsewhere in Tennyson Street and surrounds, 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 11 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 west 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 development proposes a site coverage of 40.5 percent and a permeable area of 41.8 percent, 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 8.7 metre maximum height of the proposed development is below the mandatory height limit identified within the General Residential Zone, Schedule 3 and Standard B7 (Building height). 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 and does not cause overly unreasonable shadowing to adjoining areas of secluded private open space. That said, following concerns raised by objectors at the consultation forum, the applicant has agreed to obscure glazing 1.7 metres from finished floor level to Bed 2 Dwelling 1 at ground floor. This will be included as a Condition 1 requirement.

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. Accessibility is addressed via an accessible landing adjacent to each garage with a platform lift or ramp accessing each deck within the secluded private open space and accessible ramp to each front entrance.

The areas of secluded private open space include a 59.47 square metre area with a minimum dimension of five metres for Unit 1 and a 35.52 square metre area with a minimum dimension of five metres for Unit 2. These areas are directly accessible from the living area and meet Standard B28 (Private 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 six cubic metres of accessible and secure external storage. This includes a storage area within the garage to Unit 1 and an externally accessible storage shed within a service yard to Unit 2.

Standard B34 (Site services) encourages bin and recycling enclosures to be adequate in size, durable and to blend in with the development. The management of waste was an issue raised by objectors. The Waste Management Plan, prepared by Frater, dated 20 November 2019, provides an assessment of the types of waste generated, bin types and location of waste storage. This includes two 240 litre and two 360 litre bins for general rubbish and two 240 litre and two 360 litre bins for recycling within each unit’s backyard. There is an accessible path for the bins and a private contractor will collect the bins. Hard waste can be collected twice a year by appointment with Council.

It has been demonstrated that the proposal provides for sufficient on site amenity and management of waste.

Vegetation removal and replacement landscaping

Amendment C219 to the SLO9 came into effect on 30 July 2020 for an interim period of 12 months. The amendment includes a number of permit exemptions into the schedule, including a list of environmental weeds.

As a result of this, Tree 2 - Broad Leaf Privet (Ligustrum lucidum) and Tree 11 – Cotoneaster (Cotoneaster frigidus) are listed as environmental weeds and therefore do not a permit trigger for removal.

The proposal therefore requires the removal of two protected trees (Tree 3 and Tree 12), which have ‘medium’ and ‘low’ retention values; their removal is supported by Council’s Consulting Arborist.

The landscape plan demonstrates capacity for new tree planting including two Tristaniopsis laurina (Luscious Water Gum) within the front setback and one Ulmus parvifolia (Chinese Elm) trees within each area of secluded private open space. In addition, a further 10 large shrubs, 63 medium shrubs and 167 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.

Car parking

Table 1 to Clause 52.06-5 requires one car space to each four bedrooms for a rooming house. The proposal provides for 18 bedrooms and therefore requires a statutory parking requirement of four (4) spaces. The proposal provides for a double-width garage for each unit, and is therefore compliant with the statutory parking 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.

As previously discussed, Council’s Transport Engineers have requested a cross section of the drive way to verify compliance of the ramp grades with Australian Standards.

The proposal will provide compliant car parking on site and will not result in excessive traffic impacts within the street or wider street network.

Objectors Concerns

The objectors have raised the following concerns, many which are addressed in more detail in the above ‘assessment’ section of the report:

· Neighbourhood character

Objectors have raised concerns with regard to the proposed use being out of character with the existing neighbourhood character and setting a precedent for future development. As previously discussed, the proposed use is an accepted use for the zone, whilst the built form and siting demonstrates high level ResCode compliance It is noted that all planning applications are assessed on a site by site basis therefore the issue of precedent is not able to be considered as part of the assessment.

· Amenity

Objectors have raised concerns with regard to the onsite amenity and streetscape amenity of the proposed use. As previously discussed, the proposed development demonstrates has a high level of compliance for amenity under ResCode.

With regard to the internal amenity, there is no mechanism under the planning scheme for assessment for smaller scale development.

· Landscaping

Objectors have raised concerns with regard to the lack of landscaping throughout the proposed development. As previously discussed, the site plans include two canopy trees per dwelling within the site. These canopy trees will be required to be located within landscaped garden beds via a permit condition. A landscape plan undertaken by a qualified landscape architect has also been submitted, which indicates formal landscaping throughout the site. This will be required to be installed prior to occupation of the buildings and maintained to the satisfaction of the Responsible Authority, for the life of the development, as per permit condition requirements.

· Traffic and car parking

Objectors have raised concern with the lack of on-site car parking, increased on street parking demand and subsequent traffic impacts. As previously discussed, the proposed use and development provides the number of onsite car parking spaces required by the planning scheme, whilst use of the existing crossover results in no loss of on street car parking.

The applicant has advised that the main market for the development/ use will be students who more often than not do not own a vehicle and rely on public transport.

· Loss of property values

Property devaluation is not a consideration in the planning scheme. The subjective claim that a proposal will reduce property values is difficult, if not impossible to gauge and is not able to be considered in the assessment of the application.

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 Planning and Local Planning Policies, the General Residential Zone, Schedule 3 and the objectives and decision guidelines of the Significant Landscape Overlay, Schedule 9.

A total of 15 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 Decision Plans

Attendance

Cr Stennett left the virtual meeting at 7:33pm.

Whitehorse City Council

Council Minutes 24 August 2020

Engineering and Environmental

9.1.3 Procurement of Advanced Waste Processing Options for Residual Municipal Waste August 2020

FILE NUMBER: 20/190744

SUMMARY

The purpose of this report is to update Councillors and the community about the South Eastern Advanced Waste Processing procurement project, facilitated by Metropolitan Waste and Resource Recovery Group (MWRRG), for the processing of municipal waste for up to 16 South East suburban Councils using advanced waste and resource recovery technology.

Detailed planning for the complex 2-year 4-stage procurement project commenced in early 2019. Council resolved on 27 May 2019 to participate on a non-committal basis in the first two stages of the project, an Expression of Interest phase followed by an outline solution tender stage.

The project timing and tender stages have changed as a result of significant delays, initially because the State Government put the project on hold awaiting the release of its new Recycling Victoria Policy - circular economy plan, and most recently due to COVID 19 impacts on waste industry tenders. The revised tender arrangements are outlined in this report, including discussion on the impacts for Council.

Council Resolution

Moved by Cr Bennett, Seconded by Cr Massoud

That Council:

1. Notes the changed timing and tender stages for the South Eastern Advanced Waste Processing procurement project to treat residual municipal waste for up to 16 South East suburban Councils;

2. Confirms its participation in the revised tender Stage 2: Solution Development, where short-listed tenderers will be required to outline more detail on their proposed waste processing solution before submitting their final detailed tenders;

3. Further considers the tender outcome on completion of Stage 2, tentatively in August/September 2021, to decide whether or not to participate in the long-term South Eastern Advanced Waste Processing contract for treating residual municipal waste.

Carried

background

Council’s adopted ‘Rubbish to Resource’ Waste Management Strategy 2018-2028 includes a priority action for Council to consider using new technology and innovation to improve the processing of waste and reduce our reliance on sending waste to landfill. Key drivers for this action include the rising cost of landfill, the pending closure of the only remaining landfill in the South East in around 2025 (SUEZ at Hallam), and the need to recover more resources from municipal residual waste for recycling. Council currently disposes of its kerbside garbage and the non-recyclable waste from the Whitehorse Recycling and Waste Centre in landfill.

While there will continue to be landfills available to the west and north of Melbourne for a longer period, these sites also have a limited lifespan and face operational pressures due to encroaching residential development. To continue using landfill once the SUEZ landfill in Hallam closes, Council will need to bulk-haul all of its waste across Melbourne, adding transport costs, traffic delays and greenhouse emissions as factors to be considered in using these more distant landfills.

To ensure that household garbage and non-recyclable waste can continue to be disposed in a sustainable manner, on 27 May 2019 Council resolved to participate in the South Eastern Advanced Waste Processing procurement project, facilitated by Metropolitan Waste and Resource Recovery Group (MWRRG), involving 16 South-Eastern Councils for the processing of municipal waste using advanced waste and resource recovery technology.

The South Eastern Advanced Waste Processing procurement process was originally envisaged to run over a two-year period from mid-2019 to mid-2021, involving 4 stages as follows:

1. Expression of Interest (EOI) with an open public invitation seeking interested bidders

2. Short-listed tenderers are invited to submit an outline of their proposed solution

3. Further short-listing and an invitation to submit a detailed solution, based on a formal specification

4. Final tender for a fully detailed solution to satisfy all criteria and a final specification

Council resolved to participate in the first two stages on a non-committal basis, with further participation dependent on consideration of the outcome of the outline solutions tender (Stage 2).

The South Eastern Advanced Waste Processing procurement project was delayed considerably. Initially because the project was awaiting ACCC authorisation for 16 Councils to tender collectively at such scale, but more significant delays occurred due to the process being put on hold in the second half of 2019 by the Victorian Government, pending the release of its new Recycling Victoria Policy – a circular economy policy and 10-year action plan. This Policy was originally due to be completed in November 2019 but was ultimately released on 28 February 2020. The Victorian Government considered that the Recycling Victoria Policy with its strong focus on diverting waste from landfill, resource recovery and recycling was needed to set the framework under which the South Eastern Advanced Waste Processing procurement project could proceed. The Policy contains a new target to divert 80% of household waste away from landfill by 2030, in which advanced waste processing will play a big role.

Further delays have since occurred due to the coronavirus pandemic affecting the waste industry’s ability to respond to significant tenders such as this.

As a result of the various project delays, the timelines and stages for the South Eastern Advanced Waste Processing project were revised by a Working Group with representatives from each of the 16 participating Councils, the MWRRG and specialist project advisors. This involved streamlining the procurement project while still ensuring it followed Local Government Act procurement principles to achieve a best practice, competitive tender process and outcome.

The new tender stages and revised project timing are as follows:

In June 2020, the Expression of Interest (EOI) closed and has since been evaluated by a Tender Evaluation Panel consisting of representatives from 6 of the 16 Councils and the MWRRG. The Tender Evaluation Panel was supported by technical, financial and legal advisors, attended throughout by an independent probity advisor.

There were 30 submissions to the EOI offering a variety of technologies such as mass burn combustion with energy recovery, advanced thermal treatment/gasification/pyrolysis (biochar production), integrated sorting and energy recovery, and autoclaving/energy recovery. More details on the various technologies will be available in the next phase of the tender process.

DISCUSSION

Although the project tender staging has changed and timelines are delayed, the revised staging is still consistent with the previous Council resolution to bring a report to Council before making a final commitment to the South Eastern Advanced Waste Processing contract. The new decision point for Council will tentatively occur in August/September 2021 after the Stage 2 tenders are evaluated. The revised Stage 2 will provide Council with a greater level of detail for consideration, as it will now include the tender response based on a detailed specification (Stage 2c) rather than an outline solution under the previous staging.

Expression of Interest (EOI)

A short-list of 3 tenderers from the EOI phase have been invited to submit tenders in Stage 2. These tenderers are:

• Veolia Environmental Services (Australia) Pty Ltd

An integrated mechanical and potential biological treatment solution which recovers recyclables, with a combustion process to treat non-recoverable residues and recover energy.

• Sacyr Environment Australia

An integrated mechanical and biological treatment solution which recovers recyclables, with either a combustion or gasification process to treat non-recoverable residues and recover energy.

• Pacific Partnerships and REMONDIS (together with CIMIC Group Companies CPB Contractors and UGL)

A mass burn combustion solution that recovers energy from residual waste with recycling of metals (and potentially bottom ash) post the combustion phase.

These 3 organisations and/or consortia involve capable and experienced waste companies with a good track record in delivering and operating advanced waste processing facilities using proven technologies, including conversion of waste to energy.

Impact of the change to the tender timing

The overall project timing is now forecast to be as follows:

The streamlining of the tender process has meant that the overall project is not hugely delayed, as it was originally anticipated that a new facility or facilities would be operating by 2025/26. However the adjusted project timelines are relatively tight, and with the scale and complexities of this project, including the need get the required EPA and Planning approvals, it may lead to slippage of timing beyond the estimated 2026 operational date.

However this date is likely to be after the closure of the nearest landfill, SUEZ in Hallam. Council will therefore need to have an alternative disposal contract arrangement for landfill services until an advanced waste facility is available. Whitehorse will need to send its residual municipal waste to a landfill in the northern or western suburbs for a time, until an advanced waste processing facility is available within a closer distance.

A new metropolitan landfill services contract facilitated by the MWRRG is due to commence in April 2021. This will include an option to extend a landfill contract for municipal residual waste until March 2029 if needed. Council is a participant in this contract. Tenders for this new contract are currently being evaluated and further tender negotiations are anticipated. A separate report will be brought to Council for consideration once the tender outcomes are known, indicatively in December 2020.

Suitability of short-listed technologies

The technologies offered by the short-listed tenderers are proven, reliable and safe. Facilities that use these technologies have been operating safely and effectively overseas for many decades. The success of the proposed processes in treating residual waste and their compliance with strict environmental and regulatory standards are well established.

The EPA will be well informed about the proposed processes and technologies, and EPA approval will be a key requirement for this project.

There are additional requirements that all tenderers must satisfy regarding Council and community expectations for any facility to treat municipal waste. Over and above any best practice general project specifications, there will be Council-specific criteria such as achieving a very high level of resource recovery of waste materials from the residual waste stream, or possibly an educational facility for any interested community members to visit and understand how the waste is being processed.

Any Council-specific requirements will be made clear in the detailed tender specifications.

Community understanding

The South Eastern Advanced Waste Processing project involves the development of comprehensive community and stakeholder project materials to help people understand why this project is needed, what’s involved, the benefits for the community, and how Council services will be affected.

Raising awareness about concepts such as converting waste to energy and how advanced waste processing technologies work is relatively recent in the Victorian community. There will be ongoing community communication to explain how different contemporary waste processing technologies are compared with those of decades ago.

Regular and informative community engagement will therefore play a critical role in this project, to help the Whitehorse and broader community appreciate what is being proposed, and why. The communication materials will be tailored to the relevant stages of the project, and will be shared with the community through a range of Council’s community communication channels.

Waste & recycling service implications

Council’s waste and recycling services currently rely heavily on the ability to dispose of residual non-recyclable municipal waste to landfill. The transition to using advanced waste processing technology to eventually replace the use of landfill disposal was adopted as a key action in December 2018 by Council in its Waste Management Strategy 2018-2028. It is imperative that Council’s kerbside bin collections and the Whitehorse Recycling and Waste Centre services have reliable and continuous access to a waste processing facility or facilities.

Council’s proposed new kerbside Food Organics Garden Organics (FOGO) recycling service is another key step in capturing and recycling more organics waste from the residual waste stream, and therefore reducing the amount of residual waste.

Similarly the recent upgrade to Council’s Whitehorse Recycling and Waste Centre to capture and recycle more electronic waste will further reduce residual waste to landfill.

A new Advanced Waste Processing facility ideally located in the South Eastern suburbs will enable waste from the kerbside bin collections and the Whitehorse Recycling and Waste Centre to be delivered efficiently and would reduce the need for cross-town transport.

More specific details on the impact of a new advanced waste processing facility on Council’s waste and recycling services will be apparent once the outcome of Stage 2 tenders is known.

CONSULTATION

The South Eastern Advanced Waste Processing Project has relied to date on a high level of consultation with officers from each participating Council, the MWRRG, and representatives from the Victorian Government.

Consultation with the Whitehorse community commenced in 2018 as part of the development of Council’s 2018-2028 Waste Management Strategy. This included sharing information and receiving community input about the limited capacity and lifespan of existing landfills, the rising cost of using landfills, and the availability of reliable and safe forms of advanced waste processing technologies as a future means to process waste.

Further community consultation about the transition away from using landfill to dispose of residual waste will be a regular feature of this project.

FINANCIAL IMPLICATIONS

The Expression of Interest (EOI) stage of the South Eastern Advanced Waste Processing tender process did not include costings for the proposals. The intention of the EOI stage was to get an idea of the credentials of prospective tenderers, their experience in delivering advanced waste processing facilities, the type of technology or mix of technologies proposed, and their track record in successfully operating such a facility over a long-term contract.

The indicative costs involved with constructing and operating an advanced waste processing facility are generally known in the waste industry. Specific costs will vary subject to factors such as the requirements outlined in detailed tender specification, site costs (own versus lease), location, the scalability of the facility, and the rate of growth of the tonnage to be processed over time. The final form of contract and how the risks are shared between the contractor(s) and Councils will also affect the final tendered gate fee charged to Councils.

What is known at this stage is that the cost of landfill is escalating considerably over the next few years, in large part because of the recent increases in the landfill levy legislated by the Victorian Government earlier in 2020. The landfill levy is increasing annually by $20 per tonne over the next 3 years, from $65.90 per tonne in 2019/20 to $125.90 per tonne in 2022/23. This represents a 91% increase in the landfill levy component alone over 3 years.

The operating costs for the landfill contractors are also increasing each year to satisfy tighter EPA landfill licence requirements and to minimise negative impacts on nearby communities. More information on the next phase of landfill operating costs will be available once the outcome of the new MWRRG-facilitated metropolitan landfill services tender is known in September 2020. The waste industry has previously flagged operating costs may increase by well in excess of CPI, closer to 15%, in the near future.

The South Eastern Advanced Waste Processing tender evaluation at Stage 2 will include detailed cost modelling over the life of the contract, and comparisons with expected landfill costs over the same period.

POLICY IMPLICATIONS

As indicated earlier in the report, the transition to using advanced waste processing technology to replace landfill disposal has previously been considered and endorsed by Council in the adoption of the ‘Rubbish to Resource’ Waste Management Strategy 2018-2028 in December 2018.

The aggregating of waste through multi-Council contracts and reducing reliance on landfill disposal also aligns with various Victorian Government policies and strategies. These include the State Waste and Resource Recovery Infrastructure Plan, the Metropolitan Waste and Resource Recovery Implementation Plan, and the recent Recycling Victoria Policy – circular economy plan that contains a new target to divert 80% of household waste away from landfill by 2030.

Whitehorse City Council

Council Minutes 24 August 2020

9.4.11 Delegated Decisions June 2020

SUMMARY

The following activity was undertaken by officers under delegated authority during June 2020.

Council Resolution

Moved by Cr Bennett, Seconded by Cr Cutts

That the report of decisions made by officers under Instruments of Delegation for the month of June 2020 be noted.

Carried Unanimously

DELEGATION	FUNCTION	Number for June 2019	Number for June 2020
Planning and Environment Act 1987	Delegated Decisions	114	141
Planning and Environment Act 1987	Strategic Planning Decisions	Nil	1
Telecommunications Act 1997		Nil	Nil
Subdivision Act 1988		27	24
Gaming Control Act 1991		Nil	Nil
Building Act 1993	Dispensations & Applications to Building Control Commission	39	62
Liquor Control Reform Act 1998	Objections and Prosecutions	1	1
Food Act 1984	Food Act Orders	3	Nil
Public Health & Wellbeing Act 2008	Improvement / Prohibition Notices	4	2
Local Government Act 1989	Temporary Rd. Closures	3	6
Other Delegations	CEO Signed Contracts between $150,000 - $750,000	3	1
	Property Sales and Leases	4	2
	Documents to which Council seal affixed	4	Nil
	Vendor Payments	1772	1114
	Parking Amendments	18	6
	Parking Infringements Withdrawn	291	73

DELEGATED DECISIONS MADE ON PLANNING APPLICATIONS JUNE 2020

All decisions are the subject of conditions which June in some circumstances alter the use of development approved, or specific grounds of refusal is an application is not supported.

Appl No.	Date	Decision		Street Address	Ward	Proposed Use or Development	Application Type
WH/2019/1308	26.06.20	Application Lapsed	11/14-18 Springvale Road Nunawading Vic 3131		Springfield	Removal of two protected trees (SLO9)	Single Dwelling < 300m2
WH/2020/190	17.06.20	Application Lapsed	4 Goold Street Burwood Vic 3125		Riversdale	Buildings and Works within SBO	VicSmart - General Application
WH/2020/213	29.06.20	Application Lapsed	Level 1 4 Ellingworth Parade Box Hill Vic 3128		Elgar	Reduction of car parking and the display of business identification signage	Change of Use
WH/2020/292	15.06.20	Application Lapsed	160 Whitehorse Road Blackburn Vic 3130		Central	Display a sign in a commercial, industrial or special purpose zone	VicSmart - General Application
WH/2020/421	16.06.20	Application Lapsed	15 Finch Street Burwood Vic 3125		Riversdale	Removal of 1 tree	VicSmart - Tree
WH/2010/596/B	23.06.20	Delegate Approval - S72 Amendment	1/28 Valda Avenue Mont Albert North Vic 3129		Elgar	Construction of two new double storey dwellings	Permit Amendment
WH/2011/513/A	23.06.20	Delegate Approval - S72 Amendment	1a St Georges Avenue Mont Albert Vic 3127		Elgar	Amendment to the approved development (Demolition of existing outbuildings, and buildings and works to construct two dwellings, comprising a new two storey dwelling to the rear of the existing dwelling) to include new demolition and buildings and works.	Permit Amendment
WH/2012/102/A	29.06.20	Delegate Approval - S72 Amendment	13-17 Tennyson Street Burwood Vic 3125		Riversdale	Building and works for additions and alterations to a place of worship, and reduction of car parking	Permit Amendment

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2014/1223/C	29.06.20	Delegate Approval - S72 Amendment	845-851 Whitehorse Road Box Hill Vic 3128	Elgar	Construction of mixed use building comprising three towers between 19-38 stories in height, use of the land for accommodation (dwellings and hotel), childcare centre and reduction of the car parking requirements of Clause 52.06	Permit Amendment
WH/2014/1272/B	02.06.20	Delegate Approval - S72 Amendment	5 Morrie Crescent Blackburn North Vic 3130	Central	Construction of two (2) double storey dwellings	Permit Amendment
WH/2014/510/A	03.06.20	Delegate Approval - S72 Amendment	220 Middleborough Road Blackburn South Vic 3130	Central	Construction of a residential building (four to six storeys) for the existing residential aged care facility, tree removal and alteration of access to a road in a Road Zone, Category 1	Permit Amendment
WH/2014/571/A	03.06.20	Delegate Approval - S72 Amendment	215 Elgar Road Surrey Hills Vic 3127	Riversdale	Amendment of plans for Planning permit WH/2014/571 (issued for the Construction three double storey dwellings and creation of access to a road in a Road Zone Category 1) to include construction of a front fence, alterations to the driveway surface and replacement of tree 8 (removed) and relocation of SPOS front fence for Dwelling 1.	Permit Amendment

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2014/819/A	16.06.20	Delegate Approval - S72 Amendment	33 Aldinga Street Blackburn South Vic 3130	Central	Construction of two double storey dwellings and buildings and works within 4 metres of protected tree	Permit Amendment
WH/2016/1099/A	04.06.20	Delegate Approval - S72 Amendment	50 Boisdale Street Surrey Hills Vic 3127	Riversdale	Construction of two(2) double storey dwellings and subdivision of the land into two lots and removal of trees and buildings and works within 4 metres of protected trees under the Significant Landscape Overlay Schedule 9	Permit Amendment
WH/2016/1164/A	25.06.20	Delegate Approval - S72 Amendment	32 Page Street Mitcham Vic 3132	Springfield	Development of Two (2) Double Storey Dwellings on a Lot and associated Vegetation Removal	Permit Amendment
WH/2016/985/B	01.06.20	Delegate Approval - S72 Amendment	16 Barkly Terrace Mitcham Vic 3132	Springfield	Amendment of plans and permit preamble WH/2016/985/A (issued for Use and development as a childcare centre, associated signage and tree removal) to include construction of business identification signage.	Permit Amendment
WH/2017/1044/A	19.06.20	Delegate Approval - S72 Amendment	3 Eden Court Forest Hill Vic 3131	Central	Construction of three double storey dwellings, removal of and buildings and works within 4 metres of protected trees and three lot subdivision	Permit Amendment
WH/2017/408/A	10.06.20	Delegate Approval - S72 Amendment	388 Belmore Road Mont Albert North Vic 3129	Elgar	Construction of four (4) double store dwellings	Permit Amendment

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2017/609/A	04.06.20	Delegate Approval - S72 Amendment	22 Beddows Street Burwood Vic 3125	Riversdale	Three (3) double storey dwellings, tree removal and buildings and works within 4 metres of protected trees	Permit Amendment
WH/2019/234/A	02.06.20	Delegate Approval - S72 Amendment	3 Mccubbin Street Burwood VIC 3125	Riversdale	Development of four (4) double-storey dwellings, and associated buildings and works within 4 metres of protected trees	Permit Amendment
WH/2019/823/B	03.06.20	Delegate Approval - S72 Amendment	10 Market Street Box Hill Vic 3128	Elgar	Amendment to Planning Permit WH/2019/823 issued for alterations to the existing shop-front façade in a Commercial 1 Zone (C1Z) to revert to a previous design.	Permit Amendment
WH/2019/845/A	24.06.20	Delegate Approval - S72 Amendment	63 Harrison Street Box Hill North Vic 3129	Elgar	Construction of Thee (3) Dwellings on a Lot	Permit Amendment
WH/2015/113/B	26.06.20	Delegate NOD - S72 Amendment	10 William Street Mitcham Vic 3132	Springfield	Amendment to Planning Permit WH/2015/113, including: - Amendment to the wording of Condition 5 and Condition 7; and, - Amendment to the currently endorsed Practice Management Plan.	Permit Amendment
WH/2016/563/A	16.06.20	Delegate NOD - S72 Amendment	61-63 Lexton Road Box Hill North Vic 3129	Elgar	The use and development of the land for three (3) warehouses and a store (self-storage facility) and a reduction in car parking associated with the store	Permit Amendment

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2017/1035/A	30.06.20	Delegate NOD Issued	9 St James Avenue Mont Albert Vic 3127	Elgar	Increase in overall height of Dwelling	Permit Amendment
WH/2018/1149	24.06.20	Delegate NOD Issued	181 Burwood Highway Burwood East Vic 3151	Riversdale	Construction of a Five Storey Residential Building and associated Vegetation Removal	Residential (Other)
WH/2018/627	15.06.20	Delegate NOD Issued	872 Canterbury Road Box Hill South Vic 3128	Riversdale	Mix use development consisting of 6 storeys with 1 retail shop and 8 apartments	Business
WH/2019/1031	18.06.20	Delegate NOD Issued	29 Luckie Street Nunawading Vic 3131	Springfield	Development of the land for four double storey dwellings including associated buildings and works within 4 metres of protected trees	Multiple Dwellings
WH/2019/1034	15.06.20	Delegate NOD Issued	20 Howard Street Box Hill Vic 3128	Elgar	Construction of two dwellings at rear of existing double storey dwelling and removal of vegetation	Multiple Dwellings
WH/2019/1049	22.06.20	Delegate NOD Issued	206 Morack Road Vermont South Vic 3133	Morack	Construction of three (3) single storey dwellings and removal of vegetation	Multi Dwelling and Use
WH/2019/1060	26.06.20	Delegate NOD Issued	45 Karen Street Box Hill North Vic 3129	Elgar	Construction of three (3) double storey dwellings and removal of vegetation (SLO9)	Multiple Dwellings
WH/2019/1175	23.06.20	Delegate NOD Issued	19 Cornish Road Burwood East Vic 3151	Riversdale	Construction of two (2) double storey dwellings on a lot and removal of vegetation with SLO9	Multiple Dwellings

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2019/1202	15.06.20	Delegate NOD Issued	16 Hiddleston Avenue Box Hill South Vic 3128	Riversdale	Development of the land for a new double storey dwelling at the rear of the existing dwelling and buildings and works to the existing dwelling (internal alterations & relocation of garage) including associated buildings and works within 4 metres of SLO9 trees and vegetation removal	Multiple Dwellings
WH/2019/1258	24.06.20	Delegate NOD Issued	2 Foch Street Box Hill South Vic 3128	Riversdale	Construction of two, two storey dwellings and associated buildings and works within 4 metres of trees protected under Significant Landscape Overlay Schedule 9	Multiple Dwellings
WH/2019/1296	12.06.20	Delegate NOD Issued	26 Cornish Road Burwood East Vic 3151	Riversdale	Buildings and works within 4 metres of protected SLO9 trees and removal of vegetation within SLO9	Single Dwelling < 300m2
WH/2019/1313	25.06.20	Delegate NOD Issued	28 Diana Drive Blackburn North Vic 3130	Central	Removal of trees and buildings and works within 4 metres of trees under the Significant Landscape Overlay Schedule 9	Special Landscape Area
WH/2019/832	24.06.20	Delegate NOD Issued	33 Victoria Crescent Mont Albert Vic 3127	Elgar	Construction of two double storey dwellings, buildings and work within 4m and removal of trees	Multiple Dwellings

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2019/849	17.06.20	Delegate NOD Issued	8 Wolseley Crescent Blackburn Vic 3130	Central	Buildings and works, including demolition, associated with development of the land for a dwelling, front fence, pool, tennis court and tree removal in Significant Landscape Overlay 4 and Neighbourhood Character Overlay 1.	Single Dwelling < 300m2
WH/2019/867	24.06.20	Delegate NOD Issued	54 Windsor Crescent Surrey Hills Vic 3127	Elgar	Partial demolition of existing building, construct building additions, construct a fence, tree removal and buildings and works within 4 metres of protected trees	Heritage
WH/2019/900	24.06.20	Delegate NOD Issued	45-47 Begonia Street Box Hill South Vic 3128	Riversdale	Construction of five dwellings, removal of trees and buildings and works within 4 m of trees	Multiple Dwellings
WH/2019/986	22.06.20	Delegate NOD Issued	5 Craig Street Blackburn South Vic 3130	Central	Construction of two double storey dwellings on a lot	Multiple Dwellings
WH/2020/107	24.06.20	Delegate NOD Issued	34 Laurel Grove North Blackburn Vic 3130	Central	Buildings and works for an extension to the existing dwelling including associated buildings and works within 4 metres of protected SLO1 trees and vegetation removal (street tree)	Single Dwelling < 300m2
WH/2020/187	03.06.20	Delegate NOD Issued	6 Serpentine Street Mont Albert Vic 3127	Elgar	Removal of five protected trees in the Significant Landscape Overlay Schedule 9	Special Landscape Area

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2020/208	17.06.20	Delegate NOD Issued	6 Grevillea Court Forest Hill Vic 3131	Springfield	Buildings and works within 4 metres of trees and removal of two (2) trees protected under the Significant Landscape Overlay Schedule 9	Special Landscape Area
WH/2020/5	16.06.20	Delegate NOD Issued	20 Beech Street Surrey Hills Vic 3127	Riversdale	Construction of a front fence and buildings and works (to include driveway, path and associated earthworks) within 4m of protected trees within SLO9	Special Landscape Area
WH/2016/456/Q	23.06.20	Delegate Permit Issued	31-39 Norcal Road Nunawading Vic 3131	Springfield	Buildings and works for a warehouse development, use of the land for a food and drink premises and offices, internally illuminated signage, reduction in the standard car parking requirement, sale and consumption of liquor in association with use of land for a food and drink premises and native vegetation removal	Permit Amendment
WH/2019/1158	22.06.20	Delegate Permit Issued	108 Middleborough Road Blackburn South Vic 3130	Riversdale	Construction and display of illuminated signage.	Change of Use
WH/2019/1211	10.06.20	Delegate Permit Issued	8 Adley Court Vermont South Vic 3133	Morack	Removal of four (4) SLO9 trees	Special Landscape Area
WH/2019/1267	02.06.20	Delegate Permit Issued	321-345 Burwood Highway Forest Hill Vic 3131	Morack	Removal of Native Vegetation (52.17) and protected trees (SLO9)	Special Landscape Area
WH/2019/1337	19.06.20	Delegate Permit Issued	5 Greenwood Street Burwood Vic 3125	Riversdale	Buildings and works for the construction of 2 or more dwellings	Multiple Dwellings

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2019/1340	05.06.20	Delegate Permit Issued	545 Station Street Box Hill Vic 3128	Elgar	Development and display of electronic high wall business identification signage and illuminated business identification signage	Advertising Sign
WH/2019/658	10.06.20	Delegate Permit Issued	88 Creek Road Mitcham Vic 3132	Springfield	Construction of two (2) two storey dwellings (one with a basement car park) and buildings and works within 4 metres of protected trees	Multiple Dwellings
WH/2019/844	09.06.20	Delegate Permit Issued	40 Grandview Road Box Hill South Vic 3128	Riversdale	Construction of two dwellings on a lot, buildings and works and construction of a front fence within 4 m of a protected tree (SLO9).	Multiple Dwellings
WH/2020/134	29.06.20	Delegate Permit Issued	64-66 South Parade Blackburn Vic 3130	Central	Use of the Land for the Purpose of a Childcare Centre, Buildings and Works, Alteration to an Easement and Display of Business Identification Signage	Child Care Centre
WH/2020/136	17.06.20	Delegate Permit Issued	69 Jolimont Road Forest Hill Vic 3131	Morack	Use of Land for the purpose of a Place of Assembly (Arts Studio) and Reduction in Bicycle Parking Requirements	Change of Use
WH/2020/153	22.06.20	Delegate Permit Issued	4 Jocelyn Avenue Balwyn North Vic 3104	Elgar	Buildings and works within 4 metres of protected vegetation	Special Landscape Area

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2020/159	25.06.20	Delegate Permit Issued	6 Patricia Road Blackburn Vic 3130	Central	Removal of trees and works within 4 metres of trees under the Significant Landscape Overlay Schedule 9	Special Landscape Area
WH/2020/171	30.06.20	Delegate Permit Issued	10 Hiddleston Avenue Box Hill South Vic 3128	Riversdale	Removal of two trees and buildings and works within 4m of trees within the Significant Landscape Overlay Schedule 9 (SLO9)	Special Landscape Area
WH/2020/172	15.06.20	Delegate Permit Issued	4 Jaques Grove Forest Hill Vic 3131	Morack	Removal of Vegetation and buildings and works within four metres of protected trees in the Significant Landscape Overlay Schedule 9	Special Landscape Area
WH/2020/173	22.06.20	Delegate Permit Issued	127a Terrara Road Vermont South Vic 3133	Morack	Buildings and works for a minor sports and recreation facility	Public Open Space
WH/2020/180	05.06.20	Delegate Permit Issued	9-11 Ellingworth Parade Box Hill Vic 3128	Elgar	To subdivide into sixty-six (66) lots	Subdivision
WH/2020/247	02.06.20	Delegate Permit Issued	23 High Street Nunawading Vic 3131	Springfield	Removal of vegetation	Special Landscape Area
WH/2020/26	19.06.20	Delegate Permit Issued	487-503 Springvale Road Vermont South Vic 3133	Morack	Buildings and works associated with an education facility and waiver of the bicycle facilities requirements	Education
WH/2020/268	10.06.20	Delegate Permit Issued	59 Glebe Street Forest Hill Vic 3131	Central	Buildings and works and removal of vegetation	Special Landscape Area
WH/2020/269	17.06.20	Delegate Permit Issued	30 Clydesdale Street Box Hill Vic 3128	Elgar	Externally Paint A Building within a Heritage Overlay	VicSmart - General Application
WH/2020/288	24.06.20	Delegate Permit Issued	14 Davis Street Burwood East Vic 3151	Riversdale	Construction of one new dwelling within 4 metres of protected trees in the Significant Landscape Overlay Schedule 9	Special Landscape Area

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2020/341	11.06.20	Delegate Permit Issued	16 Gordon Crescent Blackburn Vic 3130	Central	Construction of a Verandah	VicSmart - General Application
WH/2020/355	22.06.20	Delegate Permit Issued	12 Browns Road Nunawading Vic 3131	Springfield	Removal of vegetation	Special Landscape Area
WH/2020/358	23.06.20	Delegate Permit Issued	6 Eckersley Court Blackburn South Vic 3130	Central	Buildings and works for the construction of new single storey dwelling including associated buildings and works within 4 metres of protected trees in the Significant Landscape Overlay Schedule 2	Special Landscape Area
WH/2020/373	22.06.20	Delegate Permit Issued	843 Whitehorse Road Box Hill Vic 3128	Elgar	Construction and display of major promotion signage	Advertising Sign
WH/2020/38	15.06.20	Delegate Permit Issued	2 Marleigh Street Vermont Vic 3133	Morack	Removal of 1 tree and buildings and works within 4 metres of trees (for a dwelling) under the Significant Landscape Overlay Schedule 9	Single Dwelling < 300m2
WH/2020/385	05.06.20	Delegate Permit Issued	17 Arnold Street Box Hill Vic 3128	Elgar	Subdivision	Subdivision
WH/2020/392	01.06.20	Delegate Permit Issued	25 Kerr Street Blackburn Vic 3130	Central	Three lot subdivision	Subdivision
WH/2020/400	22.06.20	Delegate Permit Issued	14-16 Simla Street Mitcham Vic 3132	Springfield	Fifty- five lot subdivision and removal of Easement E-3 PS425700B	Subdivision
WH/2020/423	02.06.20	Delegate Permit Issued	15 Hopetoun Street Mitcham Vic 3132	Springfield	Removal of one (1) tree	VicSmart - Tree
WH/2020/428	03.06.20	Delegate Permit Issued	3/67 Blackburn Road Blackburn Vic 3130	Central	Construction of Verandah	VicSmart - General Application

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2020/440	03.06.20	Delegate Permit Issued	22 Baranbali Drive Vermont South Vic 3133	Morack	Construction of a front fence within 4 metres of a tree protected under Schedule 9 to the Significant Landscape Overlay	VicSmart - General Application
WH/2020/444	05.06.20	Delegate Permit Issued	6 Ronald Street Box Hill North Vic 3129	Elgar	Remove a protected tree (SLO9)	VicSmart - Tree
WH/2020/446	03.06.20	Delegate Permit Issued	8 Ferris Avenue Box Hill North Vic 3129	Elgar	Removal of vegetation (One Tree) within the Significant Landscape Overlay - Schedule 9	VicSmart - Tree
WH/2020/449	24.06.20	Delegate Permit Issued	22 Wavell Street Box Hill Vic 3128	Elgar	Two lot subdivision	Subdivision
WH/2020/450	02.06.20	Delegate Permit Issued	6 Frankcom Street Blackburn Vic 3130	Central	To subdivide the title to create 20 lots and common property	Subdivision
WH/2020/453	03.06.20	Delegate Permit Issued	167 Dorking Road Box Hill North Vic 3129	Elgar	Buildings and works within 4 metres of protected vegetation	VicSmart - General Application
WH/2020/454	01.06.20	Delegate Permit Issued	8 Prince Street Box Hill South Vic 3128	Riversdale	Removal of one tree in the Significant Landscape Overlay Schedule 9	VicSmart - Tree
WH/2020/457	01.06.20	Delegate Permit Issued	28 Arnott Street Mont Albert North Vic 3129	Elgar	Construction of a Front Fence	VicSmart - General Application
WH/2020/460	15.06.20	Delegate Permit Issued	14 Delany Avenue Burwood Vic 3125	Riversdale	Three lot subdivision	Subdivision
WH/2020/465	22.06.20	Delegate Permit Issued	29 Summit Road Burwood Vic 3125	Riversdale	Three lot subdivision and variation of easement E-1	Subdivision
WH/2020/470	11.06.20	Delegate Permit Issued	45 Wattle Valley Road Mitcham Vic 3132	Springfield	Buildings and works (front fence) within 4m of a tree protected under the SLO6	VicSmart - General Application
WH/2020/471	10.06.20	Delegate Permit Issued	15 Morden Court Nunawading Vic 3131	Springfield	Buildings and works (carport) within 4m of protected trees (SLO9)	VicSmart - General Application

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2020/472	05.06.20	Delegate Permit Issued	12 Stanley Grove Blackburn Vic 3130	Central	Removal of vegetation (One Tree) within the Significant Landscape Overlay - Schedule 9	VicSmart - General Application
WH/2020/474	05.06.20	Delegate Permit Issued	11 Parkside Avenue Box Hill Vic 3128	Elgar	Four lot subdivision	Subdivision
WH/2020/487	15.06.20	Delegate Permit Issued	20 Cootamundra Crescent Blackburn Vic 3130	Central	Removal of one tree under the Significant Landscape Overlay Schedule 9	VicSmart - Tree
WH/2020/488	15.06.20	Delegate Permit Issued	20 Cootamundra Crescent Blackburn Vic 3130	Central	Construction of a front fence under the Significant Landscape Overlay Schedule 9	VicSmart - General Application
WH/2020/490	03.06.20	Delegate Permit Issued	38 William Street Box Hill Vic 3128	Elgar	Construction of garage in a heritage overlay	VicSmart - General Application
WH/2020/492	25.06.20	Delegate Permit Issued	3/13 Tyne Street Box Hill North Vic 3129	Elgar	Alterations and Additions to an Existing Dwelling	VicSmart - General Application
WH/2020/495	05.06.20	Delegate Permit Issued	31 Caroline Crescent Blackburn North Vic 3130	Central	Two lot subdivision	VicSmart - Subdivision
WH/2020/500	15.06.20	Delegate Permit Issued	9 Cluney Court Blackburn South Vic 3130	Central	Removal of one tree in the Significant Landscape Overlay Schedule 9 (Tree 10)	VicSmart - Tree
WH/2020/501	15.06.20	Delegate Permit Issued	9 Cluney Court Blackburn South Vic 3130	Central	Removal of vegetation (One Tree) within the Significant Landscape Overlay - Schedule 9 (Tree11)	VicSmart - Tree
WH/2020/503	11.06.20	Delegate Permit Issued	1/83 Peter Street Box Hill North Vic 3129	Elgar	Removal of a Tree protected under the SLO9	VicSmart - Tree
WH/2020/504	17.06.20	Delegate Permit Issued	5 Weber Crescent Burwood East Vic 3151	Riversdale	Removal of a Leyland Cypress (Cupressocyparis x leylandii) tree pursuant to Schedule 9 to the Significant Landscape Overlay	VicSmart - Tree

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2020/507	29.06.20	Delegate Permit Issued	16 Nicholi Walk Vermont South Vic 3133	Morack	Buildings and works (carport) in Heritage Overlay (HO118)		VicSmart - General Application
WH/2020/508	12.06.20	Delegate Permit Issued	7 Opal Street Forest Hill Vic 3131	Morack	Removal of One (1) Tree Protected Under the Significant Landscape Overlay Schedule 9 (SLO9)		VicSmart - Tree
WH/2020/513	16.06.20	Delegate Permit Issued	14 Haddon Court Mitcham Vic 3132	Springfield	Removal of vegetation (One Tree) within the Significant Landscape Overlay - Schedule 6		VicSmart - Tree
WH/2020/518	18.06.20	Delegate Permit Issued	45 Rostrevor Parade Mont Albert North Vic 3129	Elgar	Four (4) lot subdivision		Subdivision
WH/2020/522	24.06.20	Delegate Permit Issued	10 Barwon Street Box Hill North Vic 3129	Elgar	To subdivide into six (6) lots		Subdivision
WH/2020/529	17.06.20	Delegate Permit Issued	20 Lorikeet Street Nunawading Vic 3131	Springfield	Removal of Vegetation (One Tree) within the Significant Landscape Overlay - Schedule 9		VicSmart - Tree
WH/2020/530	17.06.20	Delegate Permit Issued	20 Lorikeet Street Nunawading Vic 3131	Springfield	Removal of Vegetation (One Tree) within the Significant Landscape Overlay - Schedule 9		VicSmart - Tree
WH/2020/535	15.06.20	Delegate Permit Issued	24 Bishop Street Box Hill Vic 3128	Elgar	2 lot subdivision		Subdivision
WH/2020/543	24.06.20	Delegate Permit Issued	7 Hibiscus Road Blackburn North Vic 3130	Central	Subdivision of land into two lots		Subdivision
WH/2020/555	29.06.20	Delegate Permit Issued	6 Naughton Grove Blackburn Vic 3130	Central	Removal of one (1) tree in an SLO2		VicSmart - Tree
WH/2020/560	29.06.20	Delegate Permit Issued	15 Centre Road Vermont Vic 3133	Morack	Tree removal (Tree 2) within SLO9		VicSmart - Tree
WH/2020/565	23.06.20	Delegate Permit Issued	9 Eley Road Box Hill South Vic 3128	Riversdale	Two (2) lot subdivision		VicSmart - Subdivision

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2020/566	24.06.20	Delegate Permit Issued	105 Carrington Road Box Hill Vic 3128	Elgar	Eleven (11) lot subdivision	Subdivision
WH/2020/589	29.06.20	Delegate Permit Issued	10 Betula Avenue Nunawading Vic 3131	Springfield	Removal of one tree within the Significant Landscape Overlay - Schedule 9 (Tree 7)	VicSmart - Tree
WH/2020/596	29.06.20	Delegate Permit Issued	43 Katrina Street Blackburn North Vic 3130	Central	Two lot subdivision	VicSmart - Subdivision
WH/2012/822/B	18.06.20	Delegate Refusal - S72 Amendment	1/186-188 Central Road Nunawading Vic 3131	Springfield	Amendment to plans under permit WH/2012/822 for changes to dwelling 3 landscaping.	Permit Amendment
WH/2016/456/S	18.06.20	Delegate Refusal Issued	33/31-37 Norcal Road Nunawading Vic 3131	Springfield	Buildings and works internal for a mezzanine floor and reduction in the standard car parking requirement	Permit Amendment
WH/2019/1176	19.06.20	Delegate Refusal Issued	1/1 James Avenue Mitcham Vic 3132	Springfield	Removal of trees protected under the Significant Landscape Overlay 9	Special Landscape Area
WH/2019/1214	12.06.20	Delegate Refusal Issued	53 Park Road Surrey Hills Vic 3127	Riversdale	Buildings and works for the construction of two or more dwellings and associated vegetation removal	Multiple Dwellings
WH/2019/1241	03.06.20	Delegate Refusal Issued	9 Olwen Street Nunawading Vic 3131	Springfield	Removal of two trees under the significant Landscape Overlay - Schedule 9	Special Landscape Area
WH/2019/1252	09.06.20	Delegate Refusal Issued	8 Frank Street Box Hill South Vic 3128	Riversdale	Buildings and works to construct two dwellings, vegetation removal and buildings and works within 4 metres of protected trees in the Significant Landscape Overlay, Schedule 9	Multiple Dwellings

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2019/1291	29.06.20	Delegate Refusal Issued	18 Masons Road Blackburn Vic 3130	Central	Buildings and works for construction of a double storey dwelling including basement and associated buildings and works within 4 metres of protected SLO2 trees and vegetation removal	Special Landscape Area
WH/2019/537	23.06.20	Delegate Refusal Issued	83-87 Dorking Road Box Hill North Vic 3129	Elgar	Construction of buildings and works (including a gate), part demolition of existing buildings and removal of trees in association with an extension to an existing dwelling	Heritage
WH/2020/435	17.06.20	Delegate Refusal Issued	8 Condev Court Vermont Vic 3133	Morack	Removal of One Tree within the Significant Landscape Overlay, Schedule 9	VicSmart - Tree
WH/2020/475	10.06.20	Delegate Refusal Issued	88 Husband Road Forest Hill Vic 3131	Morack	Removal of Eucalyptus angophoroides (Apple Top Box) tree in the Vegetation Protection Overlay Schedule 1 and Significant Landscape Overlay Schedule 9	VicSmart - Tree
WH/2020/496	15.06.20	Delegate Refusal Issued	11 Cornfield Grove Box Hill South Vic 3128	Riversdale	Removal of a Corymbia citriodora (Lemon Scented Gum) tree.	VicSmart - Tree
WH/2020/561	29.06.20	Delegate Refusal Issued	15 Centre Road Vermont Vic 3133	Morack	Tree removal (Tree 4) within SLO9	VicSmart - Tree
WH/2020/265	26.06.20	No Permit Required	1/2 Birdwood Street Box Hill South Vic 3128	Riversdale	Alterations and additions to the existing dwelling to include the construction of a verandah	VicSmart - General Application

Appl No.	Date	Decision	Street Address	Ward	Proposed Use or Development	Application Type
WH/2020/478	10.06.20	No Permit Required	1/47 Station Street Burwood Vic 3125	Riversdale	Construction of a front fence	VicSmart - General Application
WH/2020/526	23.06.20	No Permit Required	50 Philip Street Vermont Vic 3133	Morack	Construction of a (replacement) front fence within 4m of a protected tree within SLO9	VicSmart - General Application
DOC/166/2020	29.06.20	Withdrawn	1/1-5 Burnt Street Nunawading Vic 3131	Springfield	N/A	Secondary Consent
WH/2014/402/D	23.06.20	Withdrawn	6 Narrkwarren Lane Box Hill North Vic 3129	Elgar	Construction three double storey dwellings	Permit Amendment
WH/2019/994	10.06.20	Withdrawn	7 Elwood Street Surrey Hills Vic 3127	Riversdale	Construction of two double storey dwellings	Multiple Dwellings
WH/2020/105	02.06.20	Withdrawn	22 Simmons Street Box Hill North Vic 3129	Elgar	Removal of one tree under the Significant Landscape Overlay Schedule 9	VicSmart - Tree
WH/2020/106	02.06.20	Withdrawn	22 Simmons Street Box Hill North Vic 3129	Elgar	Removal of one tree under the Signficant Landscape Overlay Schedule 9	VicSmart - Tree
WH/2020/124	11.06.20	Withdrawn	2/11 Nurlendi Road Vermont Vic 3133	Morack	Addition to a dwelling on lot less than 500 square metres	Single Dwelling < 300m2
WH/2020/207	03.06.20	Withdrawn	1/38 Diosma Crescent Nunawading Vic 3131	Springfield	Veranda	Single Dwelling < 300m2
WH/2020/491	15.06.20	Withdrawn	2 Sartori Street Burwood East Vic 3151	Riversdale	Two lot subdivision	Subdivision
WH/2020/557	30.06.20	Withdrawn	5 Maltby Walk Burwood Vic 3125	Riversdale	Removal of one (1) tree within an SLO9	VicSmart - Tree
WH/2020/558	30.06.20	Withdrawn	5 Maltby Walk Burwood Vic 3125	Riversdale	Removal of one (1) tree within an SLO9	VicSmart - Tree
WH/2020/562	17.06.20	Withdrawn	106 Junction Road Nunawading Vic 3131	Springfield	Removal of one tree	VicSmart - Tree

BUILDING DISPENSATIONS/APPLICATIONS JUNE 2020

Address	Date	Ward	Result
13 Elder Street, Blackburn	17.06.20	Central	Consent Granted 89
15 Highfield Avenue, Blackburn South	23.06.20	Central	Consent Granted 74
18 Holland Road, Blackburn South	23.06.20	Central	Consent Granted 89
59 Glebe Street, Forest Hill	23.06.20	Central	Consent Granted 74,83
67-67b Katrina Street, Blackburn North	15.06.20	Central	Consent Granted 116
67a Katrina Street, Blackburn North	15.06.20	Central	Consent Granted 116
67b Katrina Street, Blackburn North	15.06.20	Central	Consent Granted 116
67c Katrina Street, Blackburn North	15.06.20	Central	Consent Granted 116
9 Cluney Court, Blackburn South	05.06.20	Central	Consent Granted 79,85
11 Jeffery Street, Blackburn	16.06.20	Central	Consent Refused 80
348 Middleborough Road, Blackburn	15.06.20	Central	Consent Refused 79, 73
8 Aberdeen Road, Blackburn South	12.06.20	Central	Consent Refused 74
9 Cluney Court, Blackburn South	05.06.20	Central	Consent Refused 80,84
10 Market Street, Box Hill	17.06.20	Elgar	Consent Granted 116
16 Peter Street, Box Hill North	23.06.20	Elgar	Consent Granted 92
23 Berry Street, Box Hill North	11.06.20	Elgar	Consent Granted 79
26 Boxleigh Grove, Box Hill North	17.06.20	Elgar	Consent Granted 79
3 Woodhouse Grove, Box Hill North	10.06.20	Elgar	Consent Granted 79
38 Second Avenue, Box Hill North	30.06.20	Elgar	Consent Granted 92,89
6 St Georges Avenue, Mont Albert	19.06.20	Elgar	Consent Granted 89
99 Carrington Road, Box Hill	17.06.20	Elgar	Consent Granted 116
13 Corlett Street, Mont Albert North	26.06.20	Elgar	Consent Refused 82
142 Dorking Road, Box Hill North	25.06.20	Elgar	Consent Refused 89
26 Boxleigh Grove, Box Hill North	17.06.20	Elgar	Consent Refused 74
14 Robert Street, Burwood East	04.06.20	Morack	Consent Granted 89
15 Centre Road, Vermont	03.06.20	Morack	Consent Granted 76,79
17 Centre Road, Vermont	02.06.20	Morack	Consent Granted 76
202 Hawthorn Road, Vermont South	03.06.20	Morack	Consent Granted 80, 89
50 Philip Street, Vermont	05.06.20	Morack	Consent Granted 92,89
2 Frank Street, Vermont	03.06.20	Morack	Consent Refused 80
9 Gelea Crescent, Vermont South	16.06.20	Morack	Consent Refused 89
10 Wattlebird Court, Burwood	30.06.20	Riversdale	Consent Granted 79
104 Parer Street, Burwood	15.06.20	Riversdale	Consent Granted 80
138 Elgar Road, Box Hill South	05.06.20	Riversdale	Consent Granted 92
3 Haughton Court, Box Hill South	05.06.20	Riversdale	Consent Granted 89
4 Edyvean Street, Surrey Hills	24.06.20	Riversdale	Consent Granted 79,84
54 Eley Road, Burwood East	19.06.20	Riversdale	Consent Granted 75,80
7 Donald Road, Burwood	30.06.20	Riversdale	Consent Granted 85,79
7 Highview Grove, Burwood East	25.06.20	Riversdale	Consent Granted 89
850 Canterbury Road, Box Hill South	05.06.20	Riversdale	Consent Granted 92
9 Sherwood Road, Surrey Hills	17.06.20	Riversdale	Consent Granted 89
21 Faelen Street, Burwood	12.06.20	Riversdale	Consent Refused 89
1 Cecil Court, Mitcham	05.06.20	Springfield	Consent Granted 74

Address	Date	Ward	Result
1/27 Percy Street, Mitcham	02.06.20	Springfield	Consent Granted 90
15 Winchester Road, Nunawading	10.06.20	Springfield	Consent Granted 74,79
16 Lorikeet Street, Nunawading	24.06.20	Springfield	Consent Granted 89
92 Junction Road, Nunawading	24.06.20	Springfield	Consent Granted 74, 79, 83
1/27 Percy Street, Mitcham	02.06.20	Springfield	Consent Refused 79

DELEGATED DECISIONS MADE ON STRATEGIC PLANNING MATTERS JUNE 2020

Under the Planning and Environment Act 1987

Decision Date	Act Section	Decision	Street Address	Ward	Proposal	Reference
02.06.20	8A(3) and 20(1)	Delegate Approval	Part of 379-399 Whitehorse Road, Nunawading	Springfield	Request to the Minister for Planning to undertake a ‘prescribed amendment’ to remove a redundant Public Acquisition Overlay (PAO2) from Lot 11, Humphreys Avenue, Nunawading and make a consequential change to the Schedule to Clause 72.03 to delete reference to the PAO from Map 3.	Amendment C227

REGISTER OF CONTRACTS SIGNED BY CEO DELEGATION JUNE 2020

Contract Number	Service
30236	Provision of Inspection and Repair Services for Emergency / Exit Lighting and Means of Egress Inspection

REGISTER OF PROPERTY DOCUMENTS EXECUTED JUNE 2020

Property Address	Document Type	Document Detail
68 Dunlavin Road. Nunawading	Lease	Community Tennis Club Use
300 Burwood Highway, Burwood East	Lease	Community Tennis Club Use

REGISTER OF DOCUMENTS AFFIXED WITH THE COUNCIL SEAL JUNE 2020

Nil

PARKING RESTRICTIONS APPROVED BY DELEGATION JUNE 2020

Address: Monica Street, Box Hill: northern boundary of 2 Monica Street to southern boundary of 2 Monica Street (east side)

Previously: 2 ‘Works Zone, 7am to 5pm, Monday to Saturday ' parking spaces

Now: 2 ‘1/2-Hour, 7am to 9pm, Monday to Saturday' parking spaces

Address: Mersey Street , Box Hill North: northern boundary of 6 Mersey Street to southern boundary of 6 Mersey Street (west side)

Previously: 2 ‘Works Zone, 7am to 5pm, Monday to Saturday’ parking spaces

Now: 2 ‘2-Hour, 8am to 6pm, Monday to Friday’ parking spaces

Address: Fir Street, Blackburn: east boundary of 10 Fir Street to west boundary of 10 Fir (south side)

Previously: 2 ‘Works Zone, 7am to 5pm, Monday to Saturday’ parking spaces

Now: 2 ‘Unrestricted’ parking spaces

Address: Whitehorse Road, Mont Albert: western boundary 801 Whitehorse Road to Kingsley Crescent (north side)

Previously: 9 ‘Works Zone, 7am to 4.30pm, Monday to Friday & Clearway, 4.30pm to 6.30pm, Monday to Friday’ parking spaces

Now: 9 ‘1-Hour, 8,30am to 4.30pm, Monday to Friday & Clearway, 4.30pm to 6.30pm, Monday to Friday’ parking spaces

Address: Ballantyne Street, Burwood East: eastern boundary of 18 Ballantyne Street to western boundary of 18 Ballantyne Street (south side)

Previously: 2 ‘Works Zone, 7am to 5pm, Monday to Saturday’ parking spaces

Now: 2 ‘1-Hour, 8am to 6pm, Monday to Friday’ parking spaces

Address: Hagenauer Reserve OSCP, Box Hill: Eastern end of car park, outside maternal health centre to 7 car parking bays located opposite MCH (north side)

Previously: 7 ‘3P, 7:30am - 7:30pm, Monday to Friday’ parking spaces

Now: 7 ‘No Stopping, Authorised Vehicles Excepted, 8am - 6pm, Monday to Friday’ parking spaces

VENDOR PAYMENT SUMMARY – SUMS PAID DURING JUNE 2020

Date	Total Issued	Payments (direct debit, cheques or electronic funds transfer)	Transaction Type EFT/CHQ/DD
04/06/2020	$158,476.60	59	EFC
04/06/2020	$1,727,182.60	205	EFT
11/06/2020	$103,336.38	64	EFC
11/06/2020	$2,895,099.94	219	EFT
17/06/2020	$1,606,000.55	1	EFT
18/06/2020	$72,332.53	58	EFC
18/06/2020	$2,173,161.21	183	EFT
18/06/2020	$233,587.17	2	EFT
25/06/2020	$3,000.00	1	EFC
26/06/2020	$78,768.06	53	EFC
26/06/2020	$3,468,518.25	268	EFT
01/07/2020	$2,962.00	1	CHQ
GROSS	$12,522,425.29	1114

Monthly Lease Payments	$31,260.38
Direct Debit Payments	$347,634.34
CANCELLED PAYMENTS	-$26,060.85	-39
NETT	$12,875,259.16	1075

	Budget	Expenditure
SGS Economics and Planning Economic Analysis	5000	4455
Social Media paid advertisement Facebook	300	200
Whitehorse Leader advertisement	1000	0

Total	6300	4655

	Budget	Expenditure
Expenditure
Facilitation - Information Sessions	$2,000	$1,900
Preparation of Business Plan	$5,000	$4,560
Postage	$150	$60
‘The Age’ Advertising – Intent to Declare Notice	$10,000

Total Estimated Budget	$17,150

Sub Total Expenditure		$6,520

Total Expenditure		$6,520

	Budget		Expenditure
Capital Works Funding 2018/19 (V575)	$400,000

Capital Works Funding 2019/20 (W575)	$3,900,000
Capital Works Funding 2020/21 (X575)	$3,561,000
Total Adopted Budget	$7,861,000
Preferred tenderer’s lump sum offer (including GST)		$5,685,460
Less GST		-$ 516,860
Net cost to Council		$5,168,600
Capital Works Expenditure 2018/19 including Project Management Fees		$192,681
Capital Works Expenditure 2019/20 including Project Management Fees and consultants		$ 354,092
Construction Contingency 10%		$516,860
Provisional Sums – soft spot removal / greater depth bored piers / screw piles if required		$120,000
Consultant Costs during Contract Administration		$188,000
Authority Fees and Charges (approximately 5% of construction cost)		$260,000
Landscaping – planting		$25,000
Loose Furniture (Multipurpose Room)		$15,000
Permits and Levy		$40,000
Project Management Fees		$150,000
Temporary Container Storage, Site Signage for Construction Purposes		$60,000
Substation Works Cost (estimate)		$75,000
Total Expenditure (excl. GST)		$7,165,233
2020-21 World Game Facilities Fund (grant pending to be confirmed early August 2020)	$ 250,000
Project Budget Surplus/ (Deficit) excl. GST	$ 695,767

	Budget	Expenditure
Capital Works Funding Account No.(W597 6708)	$78,000,000
Total Budget	$78,000,000
Preferred tenderer’s lump sum offer (including GST)		$3,983,406.90
Less GST		-$362,127.90
Net cost to Council		$3,621,279.00
Total Expenditure		$3,621,279.00

Additional income (April-June 2021)	-$236,927
Additional operational expenditure (April – June 2021)	$273,238
Deficit (not budgeted April-June 2021)Deficit will be absorbed within WHACS operational expenditure	$ 36,311

	Marketing & Promotion		Infrastructure
	Yes	No	Yes	No
Property Owners	21	1	22	0
Business Owners	19	3	20	2
Total	40	4	42	2

	Budget	Expenditure
X915 - Finance and HR Payroll Systems
Total Budget	$400K

ERP – Specification, tender and evaluation		$200K*
2020-25 IT Strategy – early initiatives, foundational work and detailed roadmap		$200K*


Sub Total Expenditure		$400K

Total Expenditure		$400K

September 2020
Delegated Committee Meeting	14
Council Meeting	21
October
Delegated Committee Meeting	12
Council Meeting	19
- *- Election Day -*	*24 (Sat)*
November
Special Statutory Council meeting to swear in New Councillors and to elect Mayor and Deputy Mayor	16
Delegated Committee Meeting	23
Council Meeting	30
December
Delegated Committee Meeting	7
Council Meeting	14

January 2021
Council Meeting	27 (Wed)
February
Delegated Committee Meeting	8
Council Meeting	22
March
Delegated Committee Meeting	9 (Tues)
Council Meeting	15

Meeting Date	Matter/s Discussed	Councillors Present	Officers Present	Disclosures of Conflict of Interest	Councillor /Officer attendance following disclosure
20.07.20 6:0-6:50pm	Virtual Councillor Informal Briefing Session · 9.1.2 24 Summit Road, Burwood (LOT 90 LP 8310 51A) · 9.1.3 359 Warrigal Road and 10 Hastings Street Burwood Amendment to Planning Permit WH/1998/9807	Cr Ellis (Mayor & Chair) Cr Barker Cr Bennett Cr Carr Cr Cutts Cr Davenport Cr Massoud Cr Munroe Cr Stennett	S McMillan J Green S White T Wilkinson P Smith A De Fazio J Russell C Altan R Johnston	Nil	Nil
03.08.2020 5:30-9:00pm	Virtual Strategic Planning Session · Workplace Manslaughter Legislation · Interim Climate Change Response Plan 2020-2022 · Community Satisfaction Survey · Land Matter Blackburn · Revaluation and Rates Hardship Update · Finance Update: COVID Hardship Impacts · Pandemic Response Policy Update · Tender Evaluation (Contract 30218) Parking In-ground Sensor Monitoring (Deferred and not discussed) · ERP Business Case and IT Strategy Overview · North East Link Update	Cr Ellis (Mayor & Chair) Cr Barker Cr Bennett Cr Cutts Cr Carr Cr Davenport Cr Liu Cr Massoud Cr Munroe Cr Stennett	S McMillan J Green S White P Smith A De Fazio J Thyer I Barnes L Menzies S Cann J Marie T Peak S Morison M Ackland J Neale	Nil	Nil
07.08.2020 3:30-4:30pm	Virtual Covid Restrictions Implementation across Whitehorse Organisation	Cr Ellis (Mayor & Chair) Cr Barker Cr Bennett Cr Cutts Cr Carr Cr Davenport Cr Liu Cr Massoud Cr Munroe	S McMillan	Nil	Nil