MINUTES OF THE Urban Planning Committee Meeting

HELD AT THE Council Chamber, Moreland Civic Centre, 90 Bell Street, Coburg

ON Wednesday 28 September 2016

The meeting commenced at 6.30 pm and closed at 8.14 pm.

Present: / Time In / Time Out
Cr Helen Davidson (Chair) / 6.30 pm / 8.14 pm
Cr Meghan Hopper / 6.30 pm / 8.14 pm
Cr John Kavanagh / 6.30 pm / 8.14 pm
Cr Lambros Tapinos / 6.30 pm / 8.14 pm
Cr Lenka Thompson / 6.30 pm / 8.14 pm

APOLOGIES:

Nil.

OBSERVERS:

Cr Ratnam

OFFICERS:

Group Manager City Development – Phillip Priest

Planning Co-ordinator – Darren Camilleri

Planning Co-ordinator – Mark Hughes

Planning Co-ordinator – Robert Shatford

Principal Urban Planner - Kate MacLaren

Urban Planner - Kimberly Martin

Governance Officer – Saskia Hunter

CONFIRMATION OF MINUTES:

Cr Kavanagh moved, Cr Hopper seconded that the minutes of the Urban Planning Committee Meeting held on 24 August 2016 be confirmed.
Carried

INTERESTS AND/OR CONFLICT OF INTERESTS:

Nil.

COMMITTEE REPORTS:

DED76/16 122 Middle Street, Hadfield - Planning Permit Application MPS/2015/599 (D16/288948)
The recommended decision is not a Major Policy Decision, as defined in section 93A of the Local Government 1989, or an Inappropriate Decision within the meaning of the Election Period Policy.
The application seeks approval for the construction of seven dwellings comprising six triple storey and one double storey dwelling. The application was advertised and 19 objections were received. The key issues raised in the objections are on-site parking provision, traffic impacts, scale of the development, impact to solar panels and amenity impacts.
A Planning Information and Discussion (PID) meeting was held on 14 July 2016 and was attended by two Council Planning Officers, the permit applicant, owner, four objectors and Cr Yildiz. At the meeting the owner agreed to the inclusion of a 2 metre high acoustic fence along the eastern boundary. It was agreed that the fence would be checked by a qualified Acoustic Engineer and the cost of the fence to be borne by the permit holder. The owner also agreed to increase the first floor setback from the balconies to the west boundary by an additional 0.4 metres.
Following the PID meeting formal amendments to the plans were made pursuant to Section 57A of the Planning and Environment Act 1987. These amendments include the provision of a standard 2 metre high paling fence to the north and west boundaries and part of the rear east boundary of the site. A 2 metre high acoustic fence is proposed along the remainder of the east boundary. An increase in the setback from the first floor balconies to the west boundary from 1.4 metres to 3 metres has also been included as part of the amended plans. In this case due to the fencing requirements imposed by Melbourne Water, it is not possible to include an acoustic fence.
The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme.
The key planning considerations are:
· Neighbourhood character;
· Appropriateness of the development having regard to the purpose of the Residential Growth Zone; and,
· Off-site amenity impacts.
The proposal has strong strategic support given its location in the West Street Hadfield Neighbourhood Activity Centre. In addition, the proposed two and three storey height is lower than the four storey height suggested in Clause 22.01-3 (Neighbourhood Character policy) and Clause 32.07 (Residential Growth Zone) of the Moreland Planning Scheme. The proposal has a high level of compliance with the standards and objectives as detailed in Clause 55 of the Moreland Planning Scheme.
This application is being reported to the Urban Planning Committee due to the number of objections and at the request of Cr Kavanagh.
It is recommended that a Notice of Decision to Grant a Planning Permit be issued for the proposal.
6.42 pm Cr Tapinos left the Council Chamber.
6.42 pm Cr Tapinos returned to the Council Chamber and resumed his seat.
Cr Kavanagh moved, Cr Davidson seconded that -
The Urban Planning Committee resolve that a Refusal to Grant a Planning Permit No. MPS/2015/599 be issued for the construction of seven dwellings comprising six triple storey and one double storey dwellings at 122 Middle Street, Hadfield subject to the following grounds of refusal:
1. The proposed development has an awkward design expression, due to the external material composition, cantilevering third storey and an internal layout that limits street activation. This fails:
a) Proposed Design and Development Overlay – Schedule 24 (DDO24) of Amendment C159 which includes a design objective that requires new development in Neighbourhood Centres be of high quality, contributing to improved overall amenity.
b) Clause 21.03 - 4 (Urban Design, Built Form and Landscape Design) of the Moreland Planning Scheme which seeks to ensure site design, building frontages, design articulation and internal layout achieve a good interface with and surveillance of the public realm.
2. The proposed development has poor internal amenity through the creation of dwellings that have poor outlook for future residents. This fails proposed Design and Development Overlay – Schedule 24 (DDO24) of Amendment C159 which requires a 4.5 metres side boundary setback for primary outlooks (living/balcony outlook), 2 metre side boundary setback (bedrooms outlook) and 2 metres minimum balcony widths.
3. The proposed development is visually bulky when viewed from the General Residential Zone, critically the 3 metre ground floor setback and 6 metre upper level setback of the proposed DDO24 (Amendment C159) has not been provided nor is there sufficient room for planting buffers.
Carried
DED77/16 1 Douglas Street, Pascoe Vale - Planning Permit Application MPS/2015/551 (D16/264473)
The recommended decision is not a Major Policy Decision, as defined in section 93A of the Local Government 1989, or an Inappropriate Decision within the meaning of the Election Period Policy.
The application seeks approval for the construction of six double storey dwellings and removal of vegetation. The application was advertised and fourteen objections were received. The main issues raised in objections are the number of dwellings proposed and their visual bulk, amenity impacts, parking and traffic and waste management.
A Planning Information and Discussion (PID) meeting was held on 30 March 2016. The applicant subsequently amended the plans. The amendments deleted one dwelling and created a visitor car parking space and shared communal rubbish bin storage area on the site.
The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme.
The key planning considerations are:
· Responsiveness of the proposal to the preferred character of the area.
· Internal and external amenity impacts.
· Parking provision and traffic impacts.
· Waste management arrangements.
The proposal is of a scale that responds appropriately to the character of the area and provides good internal amenity outcomes for future residents. External amenity impacts are limited by provision of generous setbacks, an articulated building form and screening to prevent overlooking. Parking is provided in accordance with Planning Scheme requirements and the impact of increased traffic is within the capacity of the road network. Shared communal bins are provided to minimise the number of rubbish bins left on the street for collection.
It is recommended that a Notice of Decision to Grant a Planning Permit be issued for the proposal.
Cr Kavanagh moved, Cr L Thompson seconded that -
The Urban Planning Committee resolve:
That a Notice of Decision to Grant a Planning Permit No. MPS/2015/551 be issued for the construction of six dwellings and removal of vegetation at 1 Douglas Street, Pascoe Vale, subject to the following conditions:
Amended plans required
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 three copies must be provided. The plans must be generally in accordance with the plans received on 28 July 2016 but modified to show:
a) A direction sign not exceeding 0.3 square metres in size directing visitors to the visitor parking space.
b) The west-facing Bedroom 3 window to Dwelling 1 provided with fixed obscure glazing or a fixed external screen (with a maximum of 25% openings) to a height of at least 1.7 metres above finished floor level to achieve compliance with Standard B22 (Overlooking) at Clause 55.04-6 of the Moreland Planning Scheme.
c) Garage door widths dimensioned. Single garage doors must be at least 3.2 metres wide. Double garage doors must be at least 5.5 metres wide.
d) At least six cubic metres of externally accessible storage to each dwelling. Dimensions of the areas must be included on the plans.
e) The fence along the common boundary with 56 Park Street with a height of 2.4 metres.
f) The rubbish bin storage area relocated to the western boundary, and/or the northern wall of Dwelling 6 adjoining the visitor car parking space. All rubbish bin areas must be screened so they are not readily perceivable from the public realm.
g) A landscape plan in accordance with Condition 3 of this permit.
h) An arborist report in accordance with Condition 5 of this permit.
i) The following in accordance with the Sustainable Design Assessment (SDA), and any changes in accordance with the amended SDA required by Condition 7 of this permit:
i. A technical section diagram of the proposed raingarden, in accordance with the ‘Moreland City Council Streetscape Raingarden and Tree Pit Design Package’.
ii. Openable windows to facilitate natural ventilation.
iii. External shading, including fixed shading to the exposed glazing of north facing windows, and adjustable shading for the exposed glazing of east and west facing windows.
iv. Double glazing for bedroom and living area windows.
v. Bicycle parking for each dwelling.
vi. Demonstration that stormwater detention volume requirements are in addition to stormwater retention and that the rainwater tanks are not directly topped up by mains water.
j) The location of any air-conditioning units and other plant equipment, including any screening.
k) Any practical changes to the plans required by Condition 8 (Erosion Management Overlay) of this permit.
l) Any practical changes to the plans required by Condition 11 (Acoustic Report) of this permit.
Plans not to be altered
2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
Landscape plan
3. Prior to the commencement of any development works, a landscape plan must be submitted to and approved by the Responsible Authority. The landscape plan must provide the following:
a) A schedule of all proposed trees, shrubs and ground covers (including numbers, size at planting, size at maturity and botanical names), as well as sealed and paved surfaces. The flora selection and landscape design should be drought tolerant and based on species selection recommended in the Moreland Landscape Guidelines 2009.
b) Identification of any existing tree(s) and vegetation proposed to be removed and retained. Vegetation retainment must include strategies for the retainment (i.e. barriers and signage during the construction process).
c) The provision of at least two trees within the front setback to assist in the integration of the development within the existing streetscape, with the tree species selected according to the available space, in accordance with the Moreland Tree Planting Manual for Residential Zones, 2014.
d) Details of the location and type of all paved and sealed areas. Extensive hard surfaces are not supported. The adoption of porous/permeable paving, raingardens and other water sensitive urban design features is encouraged.
4. Prior to the issuing of a Statement of Compliance or occupation of the development, whichever occurs first, all landscaping works must be completed in accordance with the approved and endorsed landscape drawing to the satisfaction of the Responsible Authority. The areas designated as landscaped areas on the endorsed landscape plan must thereafter be maintained and used for that purpose.
Arborist report
5. Prior to the commencement of any development works, a report prepared by a suitably qualified arborist must be submitted to and approved by the Responsible Authority. The report must assess the existing tree in the south-east corner of the rear yard of 56 Park Street, adjacent to the western boundary of the subject site, and include any recommendations necessary to protect the health of the tree during construction. Once it is to the satisfaction of the Responsible Authority, the arborist report will be endorsed and will form part of the permit.
6. Any and all recommendations in the endorsed arborist report for the protection of the tree in the rear yard of 56 Park Street must be followed at all times during the construction of the development.
Sustainable Design Assessment
7. Prior to the endorsement of plans, the Sustainable Design Assessment prepared by ‘Enrate (Aust) Pty Ltd) dated 26 October 2015, received by Moreland City Council on 4 November 2015, must be amended by a suitably qualified environmental engineer or equivalent to the satisfaction of the Responsible Authority to include the following:
a) Demonstration that stormwater detention volume requirements are in addition to stormwater retention and that the rainwater tanks are not directly topped up by mains water.
Where alternative ESD initiatives are proposed to those specified in condition Xa) above, the Responsible Authority may vary the requirements of this condition at its discretion, subject to the development achieving equivalent (or greater) ESD outcomes in association with the development.
All works must be undertaken in accordance with the endorsed Sustainable Design Assessment to the satisfaction of the Responsible Authority. No alterations to the SDA may occur without the written consent of the Responsible Authority.
Prior to the commencement of occupation or issue of Statement of Compliance, whichever comes first of any dwelling approved under this permit, a report from the author of the SDA approved pursuant to this permit, or similarly qualified person or company, must be submitted to the Responsible Authority. The report must be to the satisfaction of the Responsible Authority and must confirm that all measures specified in the SDA have been implemented in accordance with the approved Plan.