VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

administrative DIVISION

planning and environment LIST

/ vcat reference No. P468/2015
Permit Application no. TPA/43044

CATCHWORDS

Section 82 of the Planning and Environment Act 1987; Monash Planning Scheme; General Residential Zone; neighbourhood character; double storey construction; parking; oral decision.
APPLICANT / Richard Anthony Kelaart
RESPONSIBLE AUTHORity / Monash City Council
respondent / Mr Angelo Valente
SUBJECT LAND / 1 Taunton Avenue, Oakleigh South
WHERE HELD / Melbourne
BEFORE / Frank Dawson, Member
HEARING TYPE / Hearing
DATE OF HEARING / 21 August 2015
DATE OF ORDER / 21 August 2015
CITATION

Order

1  The decision of the Responsible Authority is varied.

2  In permit application TPA/43044 a permit is granted and directed to be issued for the land at 1 Taunton Avenue, Oakleigh South. Pursuant to Clause 32.08-4 of the Whitehorse Planning Scheme, the permit allows the construction of two or more dwellings on a lot (a double storey dwelling at the rear of an existing dwelling) in accordance with the endorsed plans and the conditions contained in the Appendix to this Order.

Frank Dawson
Member

APPEARANCES

For Applicant / Mr Richard Kelaart in person.
For Responsible Authority
Respondent / Ms Sally Moser, town planner of Moser Planning Services Pty Ltd.
Mr Angelo Valente, building designer of A & S Valente & Associates Pty Ltd.

INFORMATION

Description of Proposal / Construction of a double storey dwelling behind an existing single storey brick dwelling on a corner site.
Nature of Proceeding / Application under Section 82 of the Planning and Environment Act 1987 – to review the decision to grant a permit.
Zone and Overlays / General Residential Zone – Schedule 2 (GRZ2).
Permit Requirements / Clauses 32.08-4 (a permit is required for the construction and extension of two or more dwellings on a lot).
Relevant Scheme, policies and provisions / Clauses 11, 16, 21.04, 52.06, 55 and 65.
Land Description / The subject land is a near rectangular lot on the south-west corner of Taunton Avenue and Picadilly Street, Oakleigh South. The site has a frontage to Taunton Avenue of 13.72 metres, a northern side boundary to Picadilly Street of 39.01 metres and a land area of 613 square metres. The land has a slight fall of approximately 300mm from east to west and an unused easement 1.83 metres wide along the western boundary.
The land is occupied by a single storey detached brick dwelling, which is to be retained. The subject land is surrounded by single detached dwellings. The area is developed with predominantly single storey dwellings, although double storey development and multi-dwelling sites are present.

comments

1  This proceeding concerns an application to the Tribunal by Mr Richard Anthony Kelaart requesting a review of a decision by Monash City Council to issue a Notice of Decision to Grant a Permit for the construction of a double storey dwelling behind an existing dwelling at 1 Taunton Avenue Oakleigh South.

2  Mr Kelaart’s concern with this proposal is the introduction of a double storey building form to the site. In relation to traffic and parking, Mr Kelaart is also concerned that;

·  the additional dwelling will result in an increase in street parking, and

·  traffic safety issues may arise from vehicles reversing onto Picadilly Street from the proposed new crossover opposite the the ‘T’ intersection with Cleek Avenue.

3  Council submits the addition of the double storey dwelling is acceptable in the context of neighbourhood character and residential development policies and provides an acceptable response to ResCode. Council’s Transport Engineers have required some changes to the design of the crossovers, however, as reported in Ms Moser’s submission:

The engineers did not raise any issues with regards the intersection or traffic movements or the ability of the street to cater for additional traffic.

4  Mr Valente, the permit applicant, also submitted photographs of many local ‘T’ intersections similar to the Cleek Avenue/Picadilly Street arrangement, demonstrating that crossovers located opposite ‘T’ intersections are common in this area.

5  Having heard the submissions from the applicant for review and the Council, I expressed the view that I consider the proposed development is acceptable in the context of the relevant planning provisions and policies applicable to this site. I explained to Mr Kelaart that double storey construction is not inhibited in the General Residential Zone.

6  Discussion occurred regarding changes to the permit preamble and permit conditions forming part of Council’s Notice of Decision to Grant a Permit. The changes discussed are as follows:

·  What the permit allows is altered to refer to the permit ‘trigger’ in the General Residential Zone:

Construction or extension of two or more dwellings on a lot (development of a double storey dwelling at the rear of an existing dwelling) in accordance with the endorsed plans.

·  Condition 1(f) is altered to correct a reference to crossovers in Taunton Avenue. The correct location is Picadilly Street.

·  Condition 4, requiring a landscape plan is amended to confirm the addition of a 1.8 metre high brush fence along the northern street boundary in Picadilly Street, coincident with the secluded private open space for Dwelling 1.

Conclusion

7  With the above changes in place, I find the proposed development is acceptable. The decision of the Responsible Authority is varied. A permit is issued subject to conditions.

8  My decision and reasons were given orally at the hearing.

Frank Dawson
Member

Permit Notes

Although my order does not include the ‘Notes’ suggested by the Council, such advisory information may be included in the permit that the Council is directed to issue.

APPENDIX

PERMIT APPLICATION NO: / TPA/43044
LAND: / 1 Taunton Avenue, Oakleigh South
WHAT THE PERMIT ALLOWS:
Construction of two or more dwellings on a lot (a double storey dwelling at the rear of an existing dwelling) in accordance with the endorsed plans.

conditions

1  Before the development starts, three copies of amended plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.

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

(a)  the proposed crossover to Dwelling 1 reduced to a maximum width of 4 metres;

(b)  a double garage/carport provided to Dwelling 1. Both vehicle parking spaces for Dwelling 1 are to be shown within the double garage/carport;

(c)  landscaping strips of 500mm width on either side of each vehicle crossing where applicable, to the satisfaction of Council;

(d)  the location and design of any proposed electricity supply meter boxes. The electricity supply meter boxes must be located at a distance from the street which is at or behind the setback alignment of buildings on the site or in compliance with Council’s “Guide to Electricity Supply Meter Boxes in Monash”;

(e)  the location of gas and water meters;

(f)  no excavation to be made within 2.5 metres of the two street trees adjacent to the site on the Picadilly Street frontage, measured from the face of each trunk at ground level; and

(g)  a corner splay or area at least 50% clear of visual obstruction (or with a height of less than 1.2 metres), which may include adjacent landscaping areas with a height of less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) on both sides of the Dwelling 1 vehicle crossing and on the east side of the Dwelling 2 vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

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

3  All common boundary fences are to be a minimum of 1.8 metres above the finished ground level to the satisfaction of the Responsible Authority. The fence heights must be measured above the highest point on the subject or adjoining site, within 3 metres of the fence line.

4  A landscape plan prepared by a Landscape Architect or a suitably qualified or experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:-

(a)  the location of all existing trees and other vegetation to be retained on site;

(b)  provision of canopy trees with spreading crowns located throughout the site including the major open space areas of the development;

(c)  planting to soften the appearance of hard surface areas such as driveways and other paved areas;

(d)  a schedule of all proposed trees, shrubs and ground cover, which will include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material;

(e)  the location and details of all fencing;

(f)  the extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site; and

(g)  details of all proposed hard surface materials including pathways, patio or decked areas.

(h)  the addition of a 1.8 metre high brush fence along the northern street boundary in Picadilly Street, coincident with the secluded private open space for Dwelling 1.

When approved the plan will be endorsed and will then form part of the permit.

5  Before the occupation of the buildings allowed by this permit, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

6  The walls on the boundary of adjoining properties shall be cleaned and finished in a manner to the satisfaction of the Responsible Authority.

7  Before the development starts, a site layout plan drawn to scale and dimensioned must be approved by the Responsible Authority.

The plans must show a drainage scheme providing for the collection of stormwater within the site and for the conveying of the stormwater to the nominated point of discharge.

The nominated point of discharge is the south-west corner of the property where the entire site’s stormwater must be collected and free drained via a pipe to be constructed to Council Standards. (A new pit is to be constructed if a pit does not exist or is not a standard Council pit).

8  All on-site storm water is to be collected from hard surface areas and must not be allowed to flow uncontrolled into adjoining properties.

9  Storm water discharge is to be detained on site to the predevelopment level of peak stormwater discharge. Approval of any detention system is required by the City of Monash, the Responsible Authority, prior to works commencing.

10  The development must be provided with a corner splay or area at least 50% clear of visual obstruction (or with a height of less than 1.2 metres), which may include adjacent landscaping areas with a height of less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) on both sides of the Dwelling 1 vehicle crossing and on the east side of the Dwelling 2 vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

11  Garages or carports must be at least 6 metres long and 5.5 metres wide for a double space measured inside the garage or carport.

12  Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

13  The modifications to the existing vehicle crossing will result in the Dwelling 2 crossing being within 1.5 metres of an adjoining crossing which is required to be converted to a double crossing.

14  All new crossings are to be no closer than 1.0 metres measured at the kerb to the edge of any power pole, drainage or service pit, or other services. Approval from affected service authorities is required as part of the vehicle crossing application process.

15  A double door (minimum width 1.8 m) is to be installed on the rear of the Unit 2 garage to allow for drainage maintenance requests.

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

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

b)  the development is not completed within four 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 provision of Section 69 of the Planning and Environment Act 1987.

-- End of Conditions --

VCAT Reference No. P468/2015 / Page 4 of 8