MINUTES OF THE Urban Planning Committee Meeting

HELD AT THECouncil Chamber, Moreland Civic Centre, 90 Bell Street, Coburg

ONWednesday 28 February 2018

The Chair opened the meeting at 6.30 pm and acknowledged the traditional owners, the Wurundjeri people and paid respects to their Elders, past and present, and the Elders from other communities who may be here today. The Mayor acknowledged that currently many Aboriginal and Torres Strait Islander people have made Moreland home and in doing so have contributed to the positive, rich diversity of this municipality.

Present: / Time in / Time out
Cr Dale Martin (Chair) / 6.30 pm / 7.44 pm
Cr Natalie Abboud / 6.30 pm / 7.44 pm
Cr Sue Bolton / 6.30 pm / 7.44 pm
Cr Annalivia Carli Hannan / 6.30 pm / 7.44 pm
Cr Helen Davidson / 6.30 pm / 7.44 pm
Cr Jess Dorney / 6.30 pm / 7.44 pm
Cr Ali Irfanli / 6.30 pm / 7.44 pm
Cr John Kavanagh / 6.30 pm / 7.44 pm
Cr Mark Riley / 6.30 pm / 7.44 pm
Cr LambrosTapinos
Cr Oscar Yildiz JP / 6.30 pm / 7.44 pm

APOLOGIES:

Cr Tapinos.

OFFICERS:

Group Manager City Development – Phillip Priest

Unit Manager Urban Planning– Narelle Jennings

Planning Co-ordinator – Robert Shatford

Principal Urban Planner - Vita Galante

Senior Urban Planner - Lindsey Coutts

Governance Officer – Saskia Hunter

CONFIRMATION OF MINUTES:

Cr Davidson moved, Cr Irfanli seconded -
The minutes of the Urban Planning Committee Meeting held on 24 January 2018 be confirmed.
Carried

INTERESTSAND/ORCONFLICTOFINTERESTS:

Nil.

COMMITTEE REPORTS:

DED6/18342-348 Victoria Street, 32 Wilkinson Street and 13 and 15 Rosser Street, Brunswick - Planning permit application MPS/2017/745 (D18/6473)
This application seeks approval for the development of the land for four multi-storey mixed use buildings (up to 11 storeys), partial demolition and buildings and works in a Heritage Overlay, reduction to the statutory car parking requirement and use of the land for dwellings. The application was advertised and twelveobjections were received. The main issues raised in objections were the building height, off-site amenity impacts, traffic impacts and the proposed reduction of car parking.
This report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme.
The key planning considerations are:
Whether the height, street walls and upper level setbacks adequately respond to the objectives of Design and Development Overlay Schedule 18 (DDO18);
Whether the proposal activates the street edges and provides for a diverse mix of uses;
Whether the proposal adequately enhances access and visibility of Brunswick Station and the Upfield Shared Path;
Whether the proposal adversely impacts the significance of the heritage fabric; and
Whether the proposal provides for adequate internal amenity.
On2 February 2018 the permit applicant lodged a review at the Victorian Civil and Administrative Tribunal (VCAT) against Council’s failure to determine the application. The Tribunal has scheduled a compulsory conference to be held on 14 May 2018 and a five day hearing commencing 2 July 2018.
The proposal has a number of positive attributes, including a high quality architectural response; site permeability and access to Brunswick Station; provision of employment generating uses; and proposed public realm improvements. Despite this, the proposal does not adequately respond to the objectives of DDO18 regarding the preferred built form outcomes for this area. In addition, the proposal fails to adequately respond to heritage objectives, does not comply with a number of Clause 58 (apartment development) standards and does not meet Council’s best practice Environmentally Sustainable Design local policy. For these reasons, it is recommended that Council’s submission to VCAT be that no planning permit should be issued.
Officer Recommendation
That Council’s submission to VCAT be that no planning permit should issue for Planning Permit No. MPS/2017/745 for the development of the land for 4 multi-storey mixed use buildings (up to 11 storeys), partial demolition and buildings and works in a Heritage Overlay, reduction to the statutory car parking requirement and use of the land for dwellings at 342-348 Victoria Street, 32 Wilkinson Street and 13 and 15 Rosser Street, Brunswick, subject to the following grounds of refusal:
1.The proposal fails to comply with the following objectives and provisions of Schedule 18 to the Design and Development Overlay (DDO18) of the Moreland Planning Scheme:
a)The proposal exceeds the preferred maximum height of 25 metres and, when combined with a failure to meet the other built form provisions, results in a development that will not adequately respond to the preferred future built form character for the area;
b)The proposed street wall heights in Victoria Street exceed the preferred street wall height of 8–11 metres and fail to reinforce the existing and preferred character of street walls in Victoria Street;
c)The proposed street wall heights in Wilkinson Street and Rosser Street exceed the preferred street wall height of 7–10 metres and fail to achieve the desired spatial definition in the street, created by building heights that complement the street width;
d)The upper levels of all buildings do not achieve a setback of at least 5 metres from the street boundary, fail to achieve a 1:1 ratio of building height to distance from the opposite side of the street boundary and fail to strike an appropriate balance between a sense of enclosure in the street and openness/sky visibility;and
e)The buildings result in overshadowing of the southern footpath of Wilkinson Street, which is a key pedestrian street, between 10 am and 2 pm at the equinox, contrary to the public realm objective of maintaining solar access to key pedestrian streets.
2.The proposed stairwell to Wilkinson Street fails to contribute to a safe and pedestrian friendly environment, contrary to the public realm objectives of DDO18 and Strategy 10.2 of Clause 21.03-4 of the Moreland Planning Scheme.
3.The proposal fails to comply with Clause 58.04-1 (building setback objective) and Clause 22.07 (development of 5 or more storeys) of the Moreland Planning Scheme, by failing to provide the setbacks specified in Table 1 and Table 2 of Clause 22.07-2 and thereby failing:
a)To allow adequate daylight to living rooms and bedrooms.
b)To ensure buildings are located and designed to reduce overlooking into habitable rooms and private open space areas.
c)To provide a reasonable outlook from living areas.
d)To ensure the reasonable future development opportunities of adjoining sites.
4.The design of dwellings fail to adequately meet the needs of people with limited mobility, contrary to Clause 58.05-1 (Accessibility Objective) and Objective 9 from Clause 21.03-3 of the Moreland Planning Scheme.
5.The proposal fails to provide appropriate landscaping, in particular:
a)The proposal fails to provide for sufficient deep soil planting and medium to large canopy trees in accordance with Standard D10, which would not contribute to reducing the urban heat island effect and is contrary to the objectives of Clause 58.03-5 (landscaping objectives) of the Moreland Planning Scheme.
b)Communal open spaces do not maximise landscaping opportunities, contrary to Standard D7 from Clause 58.03-2 (communal open space objective), resulting in poor amenity to these spaces.
6.The residential entrance to Building 3 fails to satisfy Standard D18 from Clause 58.05-1 (building entry and circulation objectives) by providing an entrance that is not easily identifiable and by failing to provide clear sightlines from the entrance to the lift lobby.
7.The proposal fails to meet Standard D24 from Clause 58.07-1 (functional layout objective) resulting in dwellings that will not adequately meet the needs of residents.
8.The extent of demolition at the rear of 13 and 15 Rosser Street is excessive and fails to satisfy the purpose of the Heritage Overlay (Clause 43.01) to ‘conserve and enhance those elements which contribute to the significance of the heritage place’ and the objectives of Council’s Local Planning Heritage Policy (Clause 22.06), including Clause 22.06-3.2 (‘to support partial demolition of a heritage place, if the fabric proposed to be removed does not contribute to the heritage significance of the place’)andClause 22.06-3.3 (‘existing facades, rooflines, chimneys or other elements that form part of the contributory or significant fabric of the heritage place should be preserved and not altered’).
9.The development does not represent best practice environmentally sustainable design, in accordance with the objectives of Clause 22.08 (Environmentally Sustainable Development) of the Moreland Planning Scheme.
Resolution
Cr Kavanagh moved, Cr Bolton seconded -
That Council’s submission to VCAT be that no planning permit should issue for Planning Permit No. MPS/2017/745 for the development of the land for 4 multi-storey mixed use buildings (up to 11 storeys), partial demolition and buildings and works in a Heritage Overlay, reduction to the statutory car parking requirement and use of the land for dwellings at 342-348 Victoria Street, 32 Wilkinson Street and 13 and 15 Rosser Street, Brunswick, subject to the following grounds of refusal:
1.The proposal fails to comply with the following objectives and provisions of Schedule 18 to the Design and Development Overlay (DDO18) of the Moreland Planning Scheme:
a)The proposal exceeds the preferred maximum height of 25 metres and, when combined with a failure to meet the other built form provisions, results in a development that will not adequately respond to the preferred future built form character for the area;
b)The proposed street wall heights in Victoria Street exceed the preferred street wall height of 8–11 metres and fail to reinforce the existing and preferred character of street walls in Victoria Street;
c)The proposed street wall heights in Wilkinson Street and Rosser Street exceed the preferred street wall height of 7–10 metres and fail to achieve the desired spatial definition in the street, created by building heights that complement the street width;
d)The upper levels of all buildings do not achieve a setback of at least 5 metres from the street boundary, fail to achieve a 1:1 ratio of building height to distance from the opposite side of the street boundary and fail to strike an appropriate balance between a sense of enclosure in the street and openness/sky visibility;and
e)The buildings result in overshadowing of the southern footpath of Wilkinson Street, which is a key pedestrian street, between 10 am and 2 pm at the equinox, contrary to the public realm objective of maintaining solar access to key pedestrian streets.
2.The proposed stairwell to Wilkinson Street fails to contribute to a safe and pedestrian friendly environment, contrary to the public realm objectives of DDO18 and Strategy 10.2 of Clause 21.03-4 of the Moreland Planning Scheme.
3.The proposal fails to comply with Clause 58.04-1 (building setback objective) and Clause 22.07 (development of 5 or more storeys) of the Moreland Planning Scheme, by failing to provide the setbacks specified in Table 1 and Table 2 of Clause 22.07-2 and thereby failing:
a)To allow adequate daylight to living rooms and bedrooms.
b)To ensure buildings are located and designed to reduce overlooking into habitable rooms and private open space areas.
c)To provide a reasonable outlook from living areas.
d)To ensure the reasonable future development opportunities of adjoining sites.
4.The design of dwellings fail to adequately meet the needs of people with limited mobility, contrary to Clause 58.05-1 (Accessibility Objective) and Objective 9 from Clause 21.03-3 of the Moreland Planning Scheme.
5.The proposal fails to provide appropriate landscaping, in particular:
a)The proposal fails to provide for sufficient deep soil planting and medium to large canopy trees in accordance with Standard D10, which would not contribute to reducing the urban heat island effect and is contrary to the objectives of Clause 58.03-5 (landscaping objectives) of the Moreland Planning Scheme.
b)Communal open spaces do not maximise landscaping opportunities, contrary to Standard D7 from Clause 58.03-2 (communal open space objective), resulting in poor amenity to these spaces.
6.The residential entrance to Building 3 fails to satisfy Standard D18 from Clause 58.05-1 (building entry and circulation objectives) by providing an entrance that is not easily identifiable and by failing to provide clear sightlines from the entrance to the lift lobby.
7.The proposal fails to meet Standard D24 from Clause 58.07-1 (functional layout objective) resulting in dwellings that will not adequately meet the needs of residents.
8.The extent of demolition at the rear of 13 and 15 Rosser Street is excessive and fails to satisfy the purpose of the Heritage Overlay (Clause 43.01) to ‘conserve and enhance those elements which contribute to the significance of the heritage place’ and the objectives of Council’s Local Planning Heritage Policy (Clause 22.06), including Clause 22.06-3.2 (‘to support partial demolition of a heritage place, if the fabric proposed to be removed does not contribute to the heritage significance of the place’)andClause 22.06-3.3 (‘existing facades, rooflines, chimneys or other elements that form part of the contributory or significant fabric of the heritage place should be preserved and not altered’).
9.The development does not represent best practice environmentally sustainable design, in accordance with the objectives of Clause 22.08 (Environmentally Sustainable Development) of the Moreland Planning Scheme.
Carried unanimously
DED7/181-3 Oberon Street, Coburg - Planning Permit Application MPS/2017/551 (D17/461044)
The application seeks approval for the development of the land for five double storey dwellings with a waiver of the visitor car space requirement.
The application is being reported to the Urban Planning Committee following a call in from CrBolton.
The application was advertised and six objections were received from three individual properties. The main issues raised in the objections are:
Car parking (increased demand and waiver of visitor parking requirement);
Traffic generation;
Overshadowing;
Neighbourhood character; and,
Boundary walls (extent of walls, materials and visual impact).
A Planning Information and Discussion meeting was held on 11 December 2017. Following the Planning Information and Discussion meeting the applicant produced detailed shadow diagrams and a perspective of the proposal viewed from the rear yard of 5 Oberon Street, Coburg. The applicant also agreed to harmonise building materials to south facing boundary walls so that all walls along this interface are proposed to be constructed of ‘face brickwork’.
The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme.
The key planning considerations are:
Whether the design and extent of built form and open space is respectful of the existing neighbourhood character;
Off-site amenity impacts;
Waiver of the visitor car parking space requirement; and,
Advice from Melbourne Water as a determining referral authority.
Subject to the conditions contained within the recommendation, it is considered that the proposal is respectful of neighbourhood character and will provide sufficient areas for landscaping to meet the Moreland Planning Scheme expectations.
Although the proposal seeks to vary some Standards of Clause 55 (2 or more dwellings on a lot and residential buildings) of the Neighbourhood Character Policy it is considered that the Objectives of these Standards have been adequately met.
It is recommended that a Notice of Decision to Grant a Planning Permit be issued for the proposal.
Officer Recommendation
That a Notice of Decision to Grant a Planning Permit No. MPS/2017/551 be issued for the development of the land for five double storey dwellings with a waiver of the visitor car space requirement at 1-3 Oberon Street, Coburg, subject to the following conditions:
1.Before the development commences, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans (advertised 18 September 2017) but modified to show:
a)Amendment to plans as per concept plans received by Council on 22 January 2018 including changed window proportions, 1 metre setback of garage to dwelling 5 boundary and the southern boundary wall constructed as ‘face brickwork, but modified to show.
i.A minimum 370 sqm (35% of site area) of open space meeting the garden area requirements of Clause 32.09-4.
ii.Gas and water meters shown on all relevant plans. Where meters would be visible from the public realm, they must not be stacked or placed vertically, and must be screened from view using either landscaping or fixed screening.
iii.Electricity meter boxes located behind the front building line of dwellings 1 and 5.
iv.One bicycle parking device in each garage which is not to be located within the ‘clearance required’ areas in Diagram 1 of Clause 52.06 of the Moreland Planning Scheme. The plans are to also specify the type of bike parking device and the dimensions shown must accord with the specifications in Bicycle Network’s Bicycle Parking Handbook.
v.Garage doors at least 2.8 metres wide, as required by the Australian Standard for Off-Street Parking (AS2890.1).
vi.Storage areas with a floor area nominated of at least 3.2m2 to identify the impact that the 6m3 storage will have.
vii.Vehicle crossings with 1 metre straight splays on both sides commencing where the footpath meets the nature strip and finishing at the kerb in accordance with Council’s Standard Vehicle Crossing design.
viii.An updated landscape plan which includes improved landscaping along the southern boundary including the provision of screen tree planting to the private open space areas of dwellings 4 and 5 in accordance with preferred species outlined in the Moreland Tree Planting Manual for Residential Zones.
ix.The establishment of a Tree Protection Zone around the existing street tree with barriers / fencing in accordance with the Australian Standard for Protection of trees on development sites (AS4970-2009) or in accordance with Council’s Arborist direction.
x.Heights of all boundary walls annotated on the elevation plans.
xi.Parapets above the entry porches to be replaced with a hipped roof continuing for a minimum 1.5 metres along the north elevation of dwellings 1 and 5.
xii.Replacement of gable end to the garage roof of dwelling 5 to be replaced with a hipped roof.
xiii.Notation that all obscured glazing provided to habitable room windows will be fixed (i.e.; unopenable).
xiv.Initiatives contained within the BESS report and the STORM report, including:
A clear statement indicating that the stormwater harvesting system (rainwater tanks) must be completely independent of any detention requirements (through the Legal Point of Discharge process);