Planning & Amenity Committee Agenda
Planning & Amenity Committee AgendaFor a meeting of thePlanning & Amenity Committeeto be held in the Council Chambers, Civic Centre,Boxshall Street, BrightononTuesday, 14 April 2015Commencing at 7:00pmChairperson:Cr Alex del PortoCouncillors:Cr Felicity Frederico (Mayor)Cr Laurence EvansCr Michael HeffernanCr James Long BM JPCr Bruce LoweCr Heather StewartPage 1 of 142
Members of the GalleryYour attention is drawn to Section 92 of Council’s Governance Local Law No 1.Section 92The Chair’s Duties and DiscretionsIn addition to the duties and discretions provided in this Local Law, the Chair (a)must not accept any motion, question or statement which is derogatory, or defamatory ofany Councillor, member of Council staff, or member of the community;(b)may demand retraction of any inappropriate statement or unsubstantiated allegation;(c)must ensure silence is preserved in the public gallery during any meeting;(d)must call to order any member of the public gallery who approaches the Council orCommittee table during the meeting, unless invited by the Chair to do so; and(e)must call to order any person who is disruptive or unruly during any meeting.An Authorised Officer must, if directed to do so by the Chairperson, remove from a meeting anyCouncillor or other person who has committed such an offence.In the absence of an Authorised Officer the Chairperson may cause to be removed from a meetingany Councillor or other person who has committed such an offence.Your co-operation is appreciatedChairperson of CommitteePlanning & Amenity Committee – Schedule of MeetingsTuesday 12 May 2015Tuesday 9 June 2015Tuesday 14 July 2015Tuesday 11 August 2015Tuesday 8 September 2015Tuesday 13 October 2015Tuesday 17 November 2015Monday 7 December 2015Page 2 of 142
BAYSIDE CITY COUNCILPlanning & AMENITY COMMITTEE MeetingTuesday, 14 APRIL 2015Planning & Amenity Committee MeetingPlanning & Amenity Committee CharterTo deal with all matters relating to consideration of statutory planning, tree removalapplications, traffic and parking matters.This Committee has the full delegated authority of Council to finally determine uponplanning applications.Membership of the CommitteeAll CouncillorsIndex1. Apologies2. Declarations of Interest3. Confirmation of the minutes of the Planning & Amenity Committee held on10 March 20154. Matters for Decision4.128 CROMER ROAD, BEAUMARIS5SUPPORTAPPLICATION NO: 2014/304/1 WARD: SOUTHERN4.21/25 LANDCOX STREET, BEAUMARIS20NOTICE OF DECISION TO GRANT A PERMITAPPLICATION NO: 2014/578/1 WARD: NORTHERN4.347 SOUTH ROAD, BRIGHTON31NOTICE OF DECISION TO GRANT A PERMITAPPLICATION NO: 2014/475/1 WARD: CENTRAL4.42 AUSTIN ROAD, HAMPTON38NOTICE OF DECISION TO GRANT A PERMITAPPLICATION NO: 2014/147/1 WARD: CENTRALPage 3 of 142
BAYSIDE CITY COUNCILPLANNING & AMENITY COMMITTEE MEETING4.53 PRIMROSE CRESCENT, BRIGHTON EASTTUESDAY, 14 APRIL 201556NOTICE OF DECISION TO GRANT A PERMITAPPLICATION NO: 2013/748/1 WARD: NORTHERN4.633 BAIRD STREET, BRIGHTON EAST75NOTICE OF DECISION TO GRANT A PERMITAPPLICATION NO: 2014/170/1 WARD: NORTHERN4.721 WENTWORTH AVENUE, SANDRINGHAM93SUPPORTAPPLICATION NO: 2013/733/1 WARD: SOUTHERN4.81/193A BAY STREET, BRIGHTON113NOTICE OF DECISION TO GRANT A PERMITAPPLICATION NO: 2014/844/1 WARD: NORTHERN4.918 HORNBY STREET, BRIGHTON EAST124NOTICE OF DECISION TO GRANT A PERMITAPPLICATION NO: 2014/225/1 WARD: NORTHERNPage 4 of 142
Planning & Amenity Committee Meeting4.1Tuesday, 14 April 201528 Cromer Road, BeaumarisSupportApplication No: 2014/304/1 Ward: SouthernCity Strategy - Statutory PlanningFile No: 2014/304/1APPLICATION DETAILSLand/Address:28 Cromer Road, BeaumarisApplication is for:Partial demolition, buildings and works (including adouble storey extension, basement carpark andswimming pool) in a Heritage Overlay (HO474)and the removal of native vegetation in aVegetation Protection Overlay, Schedule 3Melway Reference:86/F7Ward:Southern WardApplication Number:2014/304/1Applicant's/Owner's Name:Taylors Development Strategists / Ms R S BarlowDate Received:20 May 2014(amended plans received 19 September 2014)Statutory Days Expiry:18 December 2014Zoning:Neighbourhood Residential Zone, Schedule 3Overlays:Vegetation Protection Overlay, Schedule 3 (VPO3)Heritage Overlay, Schedule 474 (HO474)Design and Development Overlay, Schedule1(DDO1)Under what clause(s) is a permit required?Clause 42.02: Vegetation Protection Overlay,Schedule 3Clause 43.01: Heritage OverlayRestrictive covenants on the title?NoCurrent use and development:ResidentialObjections:EightPREAMBLEThe applicant has lodged an appeal with the Victorian Civil and Administrative Tribunal (VCAT)under Section 79 of the Planning and Environment Act 1987 in respect of Council’s failure todetermine the application within the prescribed time. Council cannot make a formal decision on theapplication, but can make a determination as to whether to support the proposal or not.PROPOSITIONIt is recommended that Council Support the application subject to conditions.Page 5 of 142
Planning & Amenity Committee MeetingTuesday, 14 April 2015PROPOSALThe application seeks approval for partial demolition of outbuildings in the south-east corner of thesite, a carport and a shed at the north-west corner of the site. The existing pool near the easternsite boundary is also proposed to be filled in and landscaped over. The existing non-original porchwill also be demolished to facilitate the reinstatement of an original style verandah. The existingtiled roof of the dwelling is to be replaced with Welsh slates.The proposed buildings and works include: A semi-basement garage accessed from The Close at grade level. The garage providesparking for six cars, accommodates two workshops and a cellar. The garage is accessedvia a lift and stairs from the ground floor of the existing dwelling. The garage will beaccommodated within the slope of the site and concealed by fencing fronting The Close.Fencing to The Close, (which is considered the rear boundary of the site), will be 2.2metres high and finished in Corten steel on top of the existing retaining wall along thestreet. A loggia to the rear of the existing dwelling. The loggia extends for 27.84 metres along theeastern façade with a maximum depth of 10.03 metres and wraps around the existingkitchen / dining room and over the access of the garage below. At a ridge height of 5.1metres, the loggia sits above the rear eaves of the existing dwelling. A double storey addition on the south side of the dwelling referred to as ‘the barn’. Thegable fronted barn is located approximately 9 metres behind the front façade of the dwellingand at its closest point is setback 5.2 metres from the southern elevation. The additionincludes an office, store, laundry and gym to the ground floor and a living room and threebedrooms at first floor land.The barn extends for a length of 21 metres and is offset from the southern boundarybetween 2.88 metres and 3.03 metres.The barn is accessed from the original dwelling via a double height glazed corridor whichnestles under the eaves of the original dwelling and addition.This addition stands to a height of 7.95 metres and will be finished in Corten steel panels. A single storey building at the south-east corner of the site referred to as ‘The cottage’. Thisbuilding contains a single bedroom and bathroom. This building does not feature kitchenfacilities and is therefore not considered to be a second dwelling. The cottage will stand to amaximum height of 4.56 metres with the chimney stack at 5.1 metres. Access stairwell to attic and pop-up roof with skylights above the original dwelling. Reinstatement of front verandah, returning partially along the northern and southern sideelevations. Construction of a swimming pool and spa on the northern side of the dwelling.Removal of native vegetation: One native tree protected by the VPO is proposed to be removed from the subject site. TheCoastal Tea Tree (Leptospernum laevigatum) is referenced as Tree 24 on Plan TP-020Rev B and located at the north-western corner of the site. The tree stands to a height of 4metres with a canopy width of approximately 9 metres. The tree is considered to have goodhealth and a fair structure.Page 6 of 142
Planning & Amenity Committee MeetingTuesday, 14 April 2015Although not formally shown on the application plans, a shed has been erected at the north-westcorner of the site, adjacent to 32-34 Cromer Road. Whilst this structure falls outside the boundariesof the Heritage Overlay map, Policy at Clause 43.01-1 of the Heritage Overlay states "therequirements of this overlay apply to heritage places specified in the schedule to this overlay. Aheritage place includes both the listed heritage item and its associated land”. As such the shedrequires retrospective planning permission.It is noted Council officers sought clarification from the applicant regarding this shed on 7 October2014 and again on 13 November 2014. Council received notification of the Application for Reviewto VCAT whilst waiting for this clarification. To date, there has been no further informationsubmitted to Council in relation to this matter.SUBJECT SITE & LOCALITYAn inspection of the site and the surrounding area has been undertaken.The site comprises three separate titles, Lot 1, 2 and 5 on Plan of Subdivision 501863X comprisinga total site area of 4489 square metres.The site is irregular in shape and is located on the eastern side of Cromer Road where it features a30.27 metre boundary. The site also shares a 30.48 metre boundary with The Close to the northeast. The topography of the site rises from 16.55 metres to Australian Height Datum (AHD) in thesouth-western corner at Cromer Road to approximately 20.6 metres to AHD in the north of thedwelling before falling to 15.80 metres to AHD at the north-western corner at The Close.The site currently contains a single dwelling known as “Talbot House”, a single storey Italianatevilla constructed in the 1890’s. The house in its current form has been altered from its originalnineteenth century configuration to include of a pair of bay windows at the west side of the buildingand a further bay window on the north side. The site is currently accessed from Cromer Road.A recent site visit by Council’s Arborist has confirmed that in excess of 40 trees have beenremoved from the site, none of which required either a Planning or Local Laws Permit. Extensivereplanting has commenced on site to offset this loss.The site is bound on three sides by residential properties. To the north are dwellings at 6 TheClose and 30 Cromer Road. To the east the site shares a boundary with 12 The Close. To thesouth, the site shares a common boundary with five dwellings, No. 1 – 7 Lileura Avenue and 26Cromer Road.PERMIT/SITE HISTORYTitle and CovenantsThe applicant has submitted a copy of title for the subject site, issued by the titles office on 12 May2014. The title is not subject to any covenants or restrictions.BackgroundNo previous planning applications have been determined for the subject site.PUBLIC NOTIFICATIONThe application has been advertised pursuant to Section 52 of the Planning and Environment Act1987, by: Sending notices to the owners and occupiers of adjoining land; andPage 7 of 142
Planning & Amenity Committee Meeting Tuesday, 14 April 2015Placing two signs on site, one fronting Cromer Road and a second fronting The Close.The notification has been carried out correctly and Council has received eight objections to date.Locality PlanTwo additional objectors are located beyond the map limits at Margate Street, approximately 1kmto the north-east and from Adelaide, South Australia.LegendSubject SiteObjectorThe key issues that were raised in the objections are: The contemporary style of the addition is not sympathetic to the heritage dwelling;Visual bulk;Overlooking opportunities;Overshadowing of the private open space of the adjoining dwellings and solar access tohabitable room windows;Removal of vegetation from the site; andDrainage concerns.Page 8 of 142
Planning & Amenity Committee MeetingTuesday, 14 April 2015CONSULTATIONThe applicant declined an invitation to a consultation meeting as they considered there were noamendments that could be made to plans that would satisfy objectors concerns.REFERRALSThe application plans were referred to the following Council departments for comment:Internal ReferralResponseArboristNo objection, subject to conditions.Street Tree ArboristNo objection, subject to conditions.Heritage AdvisorNo objection, subject to conditions.ASSESSMENTState Planning Policy Framework Clause 9 - Plan Melbourne - Amendment VC30 was gazetted on 30 May 2014. The amendmentintroduces Plan Melbourne into all planning schemes state wide. The objectives of PlanMelbourne are listed in a re-ordered Clause 11. These objectives are: To create a city structure that drives productivity, supports investment through certainty andcreates more jobs. To provide a diversity of housing in defined locations that cater for different households andare close to jobs and services. To provide an integrated transport system connecting people to jobs and services, andgoods to markets. To create healthy and active neighbourhoods and maintain Melbourne’s identity as one ofthe world’s most liveable cities. To protect natural assets and better plan our water, energy and waste managementsystems to create a sustainable city. To maximise the growth potential of Victoria by developing a state of cities which deliverschoice, opportunity and global competitiveness. Clause 10 Operation of the State Planning Policy Framework - The purpose of State planningpolicy is to inform responsible authorities of the aspects to be considered and given effect inadministering the planning scheme. The State Planning Policy Framework provides a contextfor decision making by responsible authorities. The planning policies are directed to land useand development, as circumscribed by the Planning and Environment Act 1987, a primaryobjective of which is to provide for the fair, orderly, economic and sustainable use anddevelopment of land. Clause 11 Settlement - The objective of planning is to anticipate and respond to the need ofexisting and future communities. Planning should recognise the need for and as far aspracticable contribute towards, the health and safety, diversity of choice, adaption in responseto changing technology, economic viability, a high standard of urban design and amenity,energy efficiency, prevention of pollution to land, water and air, protection of environmentallysensitive areas and natural resources, accessibility and land use and transport integration.Page 9 of 142
Planning & Amenity Committee MeetingTuesday, 14 April 2015 Clause 12 Environmental and Landscape Values - This clause includes the protection ofbiodiversity including native vegetation retention and the provision of habitats for native plantsand animals and the control of pest plants and animals. The clause seeks to achieve a net gainin the extent and quality of native vegetation and aims to recognise and enhance the value ofcoastal areas to the community and ensure sustainable use of natural coastal resources. Theclause seeks to protect landscapes and significant open spaces that contribute to character,identity and sustainable environments. This clause requires strategies that ensure sensitivelandscape areas such as the bays and coastlines are protected and that new development doesnot detract from their natural quality. Clause 15 Built Environment and Heritage - All new land use and development shouldappropriately respond to its landscape, valued built form and cultural context, and protect placesand sites with significant heritage, architectural, aesthetic, scientific and cultural value. Qualitybuilt environments should be created that achieve high quality urban design and architecturethat: Contributes positively to local urban character and sense of place; Reflects the particular characteristics, aspirations and cultural identity of the community; Enhances liveability, diversity, amenity and safety of the public realm; Promotes attractiveness of towns and cities within broader strategic contexts; and Minimises detrimental impact on neighbouring properties.Local Planning Policy Framework Clause 21.02 Bayside Key Issues and Strategic Vision – Aims to encourage developmentthat responds to the vision, key issues and overarching goals of Bayside City Council. Clause 21.04 Environmental and Landscape Values – seeks to assist the conservation ofbiodiversity through retention of native vegetation, protection of habitat and control of pestplants and animals to and protect the flora and fauna values of the Bay Road HeathlandSanctuary and complement the conservation measures outlined in the current Bay RoadHeathland Masterplan. Clause 21.06 - Built Environment and Heritage – Aims to achieve quality design outcomeswhich improve the image of land use and development in Bayside and contribute to a sense ofplace appropriate to Bayside’s character and maintains, strengthens and enhances localcharacter. Clause 22.05 Heritage Policy – Seeks to protect and enhance the City’s buildings, trees andstructures of cultural significance for present and future generations, and to facilitate a use thatwould otherwise be prohibited where the nature and built form of the heritage place requires agreater range of options. Clause 22.08 Water Sensitive Urban Design - Seeks to promote the use of water sensitiveurban design, including stormwater re-use, to protect the surface water and ground waters inthe Port Phillip Bay catchment from stormwater pollutants, and to reduce the impacts of peakstormwater flows to integrate stormwater treatment measures into the landscape to reduce theentry of pollutants into stormwater run-off.Zone Clause 32.09-5 Neighbourhood Residential Zone - Aims to recognise areas of predominantlysingle and double storey residential development and to limit opportunities for increasedresidential development. The zone aims to manage and ensure that development respects thePage 10 of 142
Planning & Amenity Committee MeetingTuesday, 14 April 2015identified neighbourhood character, heritage, environmental or landscape characteristics and toimplement neighbourhood character policy and adopted neighbourhood character guidelines.A planning permit is not required in accordance with this zone to construct or extend adwelling on a lot over 500m².Overlays Clause 42.02 Vegetation Protection Overlay Schedule 3 – Seeks to prevent the loss ofnative and particularly indigenous vegetation incurred by development, to retain the amenity,aesthetic character and habitat value of Australian native vegetation and indigenous vegetationin particular within the Beaumaris and Black Rock area and to promote the regeneration andreplanting of indigenous species in the Beaumaris and Black Rock area.One native tree is proposed to be removed and requires a planning permit in accordancewith this overlay. Clause 43.01 Heritage Overlay - Aims to conserve and enhance heritage places of natural orcultural significance and to conserve and enhance those elements which contribute to thesignificance of heritage places. The policy also seeks to ensure that development does notadversely affect the significance of heritage places. The overlay aims to conserve specificallyidentified heritage places by allowing a use that would otherwise be prohibited if this willdemonstrably assist with the conservation of the significance of the heritage place.A planning permit is required for partial demolition and buildings and works inaccordance with this overlay. Clause 43.02 Design and Development Overlay Schedule 1 – Aims to protect and enhancethe foreshore environment and views of Bayside from Port Phillip Bay and to relate the scaleand form of any new development to the landform of the coast. The overlay aims to maint
of the Heritage Overlay map, Policy at Clause 43.01-1 of the Heritage Overlay states "the requirements of this overlay apply to heritage places specified in the schedule to this overlay. A heritage place includes both the listed heritage item and its associated land”. As such the shed requires retrospective planning permission.
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