ORDINARY COUNCIL (TOWN PLANNING) MEETING OF THE HUME CITY COUNCIL MONDAY, 25 AUGUST PM

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1 ORDINARY COUNCIL (TOWN PLANNING) MEETING OF THE HUME CITY COUNCIL MONDAY, 25 AUGUST PM COUNCIL CHAMBER, HUME GLOBAL LEARNING CENTRE, BROADMEADOWS OUR VISION: Hume City Council will be recognised as a leader in achieving social, environmental and economic outcomes with a common goal of connecting our proud community and celebrating the diversity of Hume.

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3 HUME CITY COUNCIL Notice of an ORDINARY COUNCIL (TOWN PLANNING) MEETING OF THE HUME CITY COUNCIL to be held on Monday, 25 August 2014 at 7.00 PM at the Council Chamber, Hume Global Learning Centre, Broadmeadows To: a: Council Cr Casey Nunn Cr Adem Atmaca Cr Chandra Bamunusinghe Cr Alan Bolton Cr Vic Dougall Cr Helen Patsikatheodorou Cr Drew Jessop Cr Geoff Porter Cr Jack Medcraft Cr Jack Ogilvie Cr Ann Potter Mayor Deputy Mayor b: Officers Mr Domenic Isola Mr Fadi Srour Mr Daryl Whitfort Ms Margarita Caddick Mr Kelvin Walsh Ms Kylie Ezzy Chief Executive Officer Acting Director City Governance and Information Acting Director City Infrastructure Director City Communities Director City Sustainability Director Organisation and Community Learning ORDER OF BUSINESS 1. PRAYER Almighty God, we humbly beseech Thee to vouchsafe Thy blessing upon this Council. Direct and prosper its deliberations to the advancement of Thy glory and the true welfare of the people of the Hume City. Amen 2. APOLOGIES 3. DISCLOSURE OF INTEREST Councillors' attention is drawn to the provisions of the Local Government Act 1989 in relation to the disclosure of conflicts of interests. Councillors are required to disclose any conflict of interest immediately before consideration or discussion of the relevant item. Councillors are then required to leave the Chamber during discussion and not vote on the relevant item. Hume City Council Page 1

4 NOTICE OF MEETING 25 AUGUST 2014 ORDINARY COUNCIL (TOWN PLANNING) 4. OFFICER S REPORTS The Mayor will ask the Councillors and gallery at the commencement of this section, which reports they wish to speak to. These reports will then be discussed in the order they appear on the notice paper. Reports not called will be dealt with in a block resolution at the end. Item No Title COUNCIL LEADERSHIP Page LE Pasley Street, Sunbury - Development of two double storey dwellings, two single storey dwellings and the creation of an easement... 3 LE710 80A & Blair Street, Broadmeadows- Use and development of a community market with associated business identification signage and reduction in car parking requirements LE711 3 Pasley St, Sunbury -The development of three double storey dwellings and one single storey dwelling LE712 Statutory Planning Monthly Report August LE713 Correspondence received from or sent to Government Ministers or Members of Parliament - July LE714 Return of the General Valuation LE715 Adopt the Leasing and Licensing Policy COMMUNITY WELLBEING CW422 Social Justice Charter Review CW423 Hume City Council Disability Action Plan (DAP) Progress Report CW424 Hume City Council Reconciliation Plan (RAP) Progress Report APPEARANCE OF THE CITY AND ENVIRONMENT AE101 Draft Graffiti Management Strategy Plan CONFIDENTIAL MATTERS The Meeting may be closed to members of the public to consider confidential matters. RECOMMENDATION: THAT the Council close the meeting to the public pursuant to Section 89(2) (sub sections as listed), of the Local Government Act 1989 to consider the following items, which are confidential for the reasons indicated: Report No. Title Reason for Confidential COLE204 Organisational Matter (h) any other matter which the Council or special committee considers would prejudice the Council or any person COLE205 Organisational Matter (h) any other matter which the Council or special committee considers would prejudice the Council or any person COCW45 Contract for Service Provision (d) contractual matters 6 CLOSURE OF MEETING DOMENIC ISOLA CHIEF EXECUTIVE OFFICER 21/08/2014 Hume City Council Page 2

5 REPORTS COUNCIL LEADERSHIP REPORT NO: REPORT TITLE: LE709 SOURCE: Chu Lam, Town Planner DIVISION: City Sustainability FILE NO: P17317 POLICY: Hume Planning Scheme STRATEGIC OBJECTIVE: Accountable Leadership ATTACHMENTS: 1. Locality/Aerial Maps 2. Development Plans Application No: Proposal: 47 Pasley Street, Sunbury - Development of two double storey dwellings, two single storey dwellings and the creation of an easement P17317 Development of two double storey dwellings, two single storey dwellings and the creation of an easement Location: 47 Pasley Street, Sunbury Zoning: General Residential Zone 1 (Formerly Residential 1 Zone) Applicant: Krunoslav Kupina Date Received: 30 September SUMMARY OF REPORT: Approval is sought to develop two double storey dwellings, two single storey dwellings and to create an easement at 47 Pasley Street, Sunbury. The proposal has been assessed against the relevant policies and provisions of the Hume Planning Scheme, the site and surrounding context and the matters raised following notice and referral (including the six objections received to date). On balance, the proposal is considered acceptable and it is recommended that a Notice of Decision to Grant a Planning Permit be issued, subject to the conditions and notes detailed in the recommendation section below. 2. RECOMMENDATION: That Council, having considered the application on its merits and the objections received, resolves to issue a Notice of Decision to Grant a Planning Permit for the development of two double storey dwellings, two single storey dwellings and the creation of an easement at 47 Pasley Street, Sunbury. The Notice of Decision should be subject to the following conditions and notes: Conditions 1. Before the development starts, 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 advertised plans prepared by NRG Building Designs but modified to show: (a) An annotation stating that the existing street tree in front of Dwelling 2 will be removed and a replacement tree will be provided at the cost of the owner/developer. (b) A schedule of proposed external building materials, colours and finishes, including colour samples. Hume City Council Page 3

6 REPORTS COUNCIL LEADERSHIP REPORT NO: LE709 (cont.) 2. The development shown on the endorsed plans must not be altered without the prior written consent of the responsible authority. 3. Once the development permitted by this permit has commenced, it must be continued and completed to the satisfaction of the responsible authority. 4. Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the landscape plan will be endorsed and will then form part of the permit. The plan must be prepared by a suitably qualified person, be drawn to scale with dimensions, and three copies must be provided. The plan must show: (a) Details of surface finishes of pathways and driveways. (b) A planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant. (c) Landscaping and planting within all open areas. (d) A minimum of one canopy tree (minimum two metres tall when planted) in the front landscape setback of Dwelling 1 and the front landscape setback of Dwelling Before the use starts or the development is occupied or by such later date as is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority. 6. The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including but not limited to removing weeds and replacing dead, diseased and damaged plants in accordance with the endorsed landscape planting schedule. 7. The external materials, finishes and paint colours of the approved building must be to the satisfaction of the responsible authority. 8. All services, including water, electricity, gas, sewerage and telephone, must be located and installed underground to the satisfaction of the responsible authority. 9. All air-conditioning equipment and other plant equipment must be screened and must not be visible from outside the land to the satisfaction of the responsible authority. 10. Any cut or fill must not interfere with the natural overland stormwater flow. 11. No polluted or sediment laden runoff may be discharged directly or indirectly into Council's drains or watercourses at any time. 12. The whole of the land, including any landscaped and paved areas, must be graded and drained to the satisfaction of the responsible authority so as to prevent the discharge of stormwater causing damage from the land across any road or footpath or onto adjoining land. All stormwater storage tanks must have the overflow pipe connected to the legal point of discharge to the satisfaction of the responsible authority. 13. Before the development is occupied, litter control at stormwater inlet points within the car park area, including side entry pit litter baskets must be provided to the satisfaction of the responsible authority. All stormwater pits must be grated to the satisfaction of the responsible authority. 14. This permit will expire if one of the following circumstances applies: (a) The development is not commenced within three years of the date of this permit. Hume City Council Page 4

7 REPORTS COUNCIL LEADERSHIP REPORT NO: LE709 (cont.) (b) The development is not completed within six years of the date of this permit. The responsible authority may extend the periods referred to if a request is made in writing: (c) Before or within six months after the permit expiry date, where the use or development allowed by the permit has not yet started; or (d) within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires. Notes 1. A replacement street tree must be provided at the cost of the owner/developer in accordance with condition 1(a). The fee must be paid prior to the removal of the tree. The owner/developer is not permitted to remove any trees in Council s road reserve or engage with any contractor to remove road reserve trees. Council will undertake the tree removal/replacement once the fee has been paid. 2. Any services within the road reserve requiring relocation must be approved by the relevant service authority and carried out and completed to the satisfaction of the responsible authority. 3. Prior to any works being carried out within the road reserve (nature strip), an application for a non-utility minor works within municipal road reserve permit is required to be submitted to Council for approval. 4. Prior to the commencement of the development, an application for a consent to dig in the road reserve permit is required to be submitted to Council for approval for the proposed vehicle crossing. The application is to be accompanied by a copy of the Council endorsed plan and is to show all vehicle crossing details. 5. If a request for an extension of commencement/completion dates is made out of time allowed by condition 14 of the permit, the responsible authority cannot consider the request and the permit holder will not be able to apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the matter. 3. PROPOSAL: 3.1 Planning approval is sought to construct two double storey dwellings, two single storey dwellings and to create an easement at 47 Pasley Street, Sunbury. 3.2 Dwellings 1 and 2 are double storey in scale and are to front onto Pasley Street. At ground level, each dwelling is proposed to contain a master bedroom with a walk-in robe and ensuite, a study room, toilet, and an open kitchen, meals and living area. At upper level, each dwelling is proposed to contain two bedrooms, a bathroom and toilet. 3.3 Dwellings 3 and 4 are single storey in scale and are to be situated to the rear. Each dwelling is proposed to contain two bedrooms (one with a walk-in robe and ensuite), a bathroom, laundry, toilet and an open kitchen, meals and living area. 3.4 Vehicular access to the dwellings is proposed to be shared via a central driveway which requires a new crossover to be provided and the existing crossover to be removed and the kerb and channel to be reinstated. 3.5 The dwellings are proposed to be constructed using a combination of face brickwork, rendered brickwork, and vertical cladding to the walls, concrete tiles to the roofs, and aluminium frames to the windows and doors. The porches are to contain a stackstone and rendered finish. Hume City Council Page 5

8 REPORTS COUNCIL LEADERSHIP REPORT NO: LE709 (cont.) 4. SITE INFORMATION: Certificate of Title 4.1 The land is formally described as Crown Allotment 10, Section 19, Township of Sunbury, Parish of Buttlejorrk. 4.2 There are no encumbrances, caveats or notices (such as covenants or section 173 agreements) of planning relevance registered on the certificate of title. Planning History 4.3 Two other planning applications are affiliated with the land: applications P16026 and P In planning application P16026, it was proposed to construct four double storey dwellings on the land. The application lapsed on 9 July 2012 as the applicant did not provide a response to Council s request for further information within the required timeframes. 4.5 In planning application P17096, it was proposed to construct four double storey dwellings on the land. The application lapsed on 18 September 2013 as the applicant did not provide a response to Council s request for further information within the required timeframes. Site Features 4.6 The land is situated on the south-eastern side of Pasley Street, Sunbury, and may be found under Melway directory reference 382 D It is rectangular in shape and comprises a width of metres to the east and west and a length of metres to the north and south. In total, the land occupies an area of 1, square metres. 4.8 The land is currently vacant and is not in an area of Aboriginal cultural heritage sensitivity. Surrounding Features 4.9 The land is situated within a residential neighbourhood, however it is also in proximity to commercial, mixed use and light industrial areas The neighbourhood contains a mixture of single storey and double storey detached dwellings as well as single storey multi-dwelling developments. Examples of multidwelling developments in the street/neighbourhood include: 31 Pasley Street, which has been developed with three dwellings. 36 Pasley Street, which has been developed with three dwellings. 41 Pasley Street, which has been developed with two dwellings. 43 Pasley Street, which has been developed with three dwellings. 45 Pasley Street (adjoining the land to the north-east), which has been developed with four dwellings. 46 Pasley Street, which has been developed with six dwellings Dwellings are traditional in design and are predominantly of brick veneer construction with hipped, tiled roofs The land is within 100 metres of the Sunbury activity centre and all of the community services and facilities located therein. These include: Sunbury Square Shopping Centre. Sunbury Central. Sunbury railway station. Hume City Council Page 6

9 REPORTS COUNCIL LEADERSHIP REPORT NO: LE709 (cont.) 4.13 The land is also approximately 275 metres from the Sunbury Recreation Reserve and approximately 610 metres from Sunbury College. 5. PLANNING POLICIES AND CONTROLS: 5.1 The following policies and provisions of the Hume Planning Scheme are relevant in the consideration of the application: State Policies Clause : Urban Design Clause : Urban Design Principles Clause : Design for Safety Clause : Cultural Identity and Neighbourhood Character Clause : Energy and Resource Efficiency Clause : Integrated Housing Clause : Location of Residential Development Clause : Housing Diversity Clause : Housing Affordability Municipal Strategies Clause : Housing Clause : Health and Safety Clause : Sunbury Neighbourhood Local Policies Nil Zoning Clause 32.08: General Residential Zone Overlays Nil Particular Provisions Clause 52.06: Car Parking Clause 55: Two or More Dwellings on a Lot and Residential Buildings General Provisions Clause 65.01: Approval of an Application or Plan Clause 66: Referrals and Notice Provisions A summary of the key aspects of the above policies and provisions is provided below. State Policies 5.2 It is State planning policy to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity, and to achieve urban design outcomes that contribute positively to the local urban character. 5.3 It is also policy that new housing be designed to respond to the community needs by providing affordable, higher density housing developments which are strategically located close to transport corridors and activity centres. Municipal Strategies 5.4 It is a municipal strategy to provide access to a range and quality of housing opportunities that meet the varied needs of existing and future residents. In delivering urban growth, it should be cost effective, orderly, and achieve the greatest social benefits to the community without diminishing the unique character and identity of the municipality. Hume City Council Page 7

10 REPORTS COUNCIL LEADERSHIP REPORT NO: LE709 (cont.) 5.5 There is strategic support within the State planning polices and Municipal Strategic Statement for the proposal, in that it contributes to increased housing choice within an established area with access to community services and facilities. The suitability of the proposal with respect to neighbourhood character and design objectives will be addressed under the assessment section of this report. Zoning 5.6 The subject land is currently situated in a General Residential Zone. It was previously situated in a Residential 1 Zone when the application was initially lodged. 5.7 A planning permit is required under Clause of the Hume Planning Scheme to construct two or more dwellings on a lot in a General Residential Zone. No permit is required to use the land for residential purposes, as a dwelling is classified as a Section 1 or as of right use under Clause of the Hume Planning Scheme. 5.8 The proposal to develop a total of four dwellings on the land is deemed to be consistent with the purpose of this zone, which includes: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage residential development that respects the neighbourhood character of the area. To implement neighbourhood character policy and adopted neighbourhood character guidelines. To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport. 5.9 As the application is to develop more than two dwellings on a lot, the proposal must meet the requirements of Clause 55 of the Hume Planning Scheme (ResCode), which will be further discussed. 6. REFERRALS: Internal Referrals 6.1 The application was referred internally to Council s Engineering and Assets Department and Parks and Open Space Department for comment. 6.2 It was identified that there is a Council drain that runs parallel to the rear boundary in a northerly to southerly direction. As part of any approval of the development, the Engineering and Assets Department require that an easement be formally created and registered on the title. As a result, the application was amended to address this concern and has been incorporated in the proposal details and the plans. 6.3 Aside from the above, there were no issues with the proposal and standard conditions and notes were suggested for inclusion in any permit granted. The conditions and notes pertain to stormwater, drainage, crossover and road reserve requirements. It should be noted that the advertised plans indicate that the key outcomes have been met. 6.4 It was identified that one street tree is required to be removed to accommodate the proposal. The removal of the tree is supported, with costs to be paid by the permit holder for the planting of a replacement tree. This requirement should be conveyed as a permit condition and note. External Referrals 6.5 The application was not required to be referred externally to any statutory referral authorities under Clause 66 of the Hume Planning Scheme or Section 55 of the Planning and Environment Act Of note, the land is not situated within 60 metres of a major electricity transmission line (220 kilovolts or more) or an electricity Hume City Council Page 8

11 REPORTS COUNCIL LEADERSHIP REPORT NO: LE709 (cont.) transmission easement, therefore the application was not required to be referred to the relevant electricity transmission authority under the use and development referral provisions at Clause of the Hume Planning Scheme. 7. ADVERTISING: 7.1 Notice of the application was given to adjoining owners and occupiers and to the wider public pursuant to Section 52(1)(a) of the Planning and Environment Act Notice was given on two occasions by mail and via the placement of one sign on the site for a minimum period of 14 days. 7.3 The first notification process proposed to provide four double storey dwellings on the land and to create an easement. Based on these plans, six objections were received. 7.4 As a response to the objections, the applicant amended the plans after notice under Section 57A of the Planning and Environment Act The second notification process proposed to provide two double storey dwellings, two single storey dwellings and to create an easement. All six objections are maintained, with one of these being reaffirmed during the second advertising phase. 7.5 The grounds of objection are summarised as follows: The proposal is not in keeping with the neighbourhood character. It will result in a loss of the rural/country town character of Sunbury. Additionally, there are no examples of double storey dwellings on Pasley Street. The double storey scale leads to mass/bulk impacts. The proposal is an overdevelopment and Sunbury is already overcrowded with people. The proposal will increase local traffic, result in potential driving hazards, give rise to an overspill of parking on the street, and increase air pollution/carbon emissions due to the extra vehicles. The proposal will result in a loss of privacy. The proposal will result in visual pollution due to the wall on the boundary. The proposal will increase the amount of waste disposal. The proposal will increase noise as a result of construction, increased vehicular activity, and an inadequate sound barrier (boundary fence). The existing vacant land should remain green. The objections are addressed in detail as follows: 7.6 The proposal is not in keeping with the neighbourhood character. It will result in a loss of the rural/country town character of Sunbury. Additionally, there are no examples of double storey dwellings on Pasley Street. The double storey scale leads to mass/bulk impacts. The proposal is respectful of the neighbourhood character in terms of the built form, scale and architectural and roof style of the dwellings. While it is acknowledged that the predominant scale of development of the neighbourhood is single storey, the proposed increase in height of one level (to Dwellings 1 and 2 only) is considered to constitute an appropriate height transition. These dwellings both front the street and have been well articulated and recessed at first floor level in accordance with the side and rear setbacks standard and objective, which reduces the perception of visual bulk/mass. Please also refer to the assessment section below for further discussion. Hume City Council Page 9

12 REPORTS COUNCIL LEADERSHIP REPORT NO: LE709 (cont.) 7.7 The proposal is an overdevelopment and Sunbury is already overcrowded with people. The proposal achieves a high level of compliance with the standards and objectives of Clause 55 and Clause of the Hume Planning Scheme, which suggests that it is not an overdevelopment. Please also refer to the assessment section below for further discussion. 7.8 The proposal will increase local traffic, result in potential driving hazards, give rise to an overspill of parking on the street, and increase air pollution/carbon emissions due to the extra vehicles. The development will generate some additional vehicle movements on the local road network. However the increase in traffic movements on the street arising from the additional dwellings is considered to be an acceptable increment and such movements are not considered to be beyond the capacity of the local traffic conditions. It is noted that the application was referred internally to the Engineering and Assets Department, which did not raise any concerns in relation to traffic in the area. The crossover, access and car parking arrangement have been designed in accordance with the relevant standards and objectives with provision made for the minimum number of car spaces required based on the number of bedrooms to the dwellings. Please also refer to the assessment section for further discussion. 7.9 The proposal will result in a loss of privacy. The development is designed in a manner that will limit views into existing secluded private open space and habitable room windows of adjoining dwellings and meets the overlooking standard and objective. Please also refer to the assessment section for further discussion The proposal will result in visual pollution due to the wall on the boundary. The proposed walls on the boundary are suitable in location, length and height and meet the walls on boundaries standard and objective. Please also refer to the assessment section below for further discussion The proposal will increase the amount of waste disposal. The proposed development is situated in an established area with adequate infrastructure in place to facilitate waste disposal for new dwellings. The increase in waste is deemed to be acceptable The proposal will increase noise as a result of construction, increased vehicular activity, and an inadequate sound barrier (boundary fence). The development will have noise impacts consistent with those normal to a residential zone. Occupants of this type of development are no more or less likely to generate excessive noise than the occupiers of the surrounding dwellings. Please also refer to the assessment section below for further discussion. Additionally, issues of noise during the construction phase are matters that are dealt with under building regulations and by the Environment Protection Authority. These matters are not relevant planning considerations The existing vacant land should remain green. This is not a relevant planning consideration. The landowner is entitled to develop the land subject to attaining the relevant planning/building approvals. Hume City Council Page 10

13 REPORTS COUNCIL LEADERSHIP REPORT NO: LE709 (cont.) 8. ASSESSMENT: 8.1 An assessment of the proposal against the requirements of Clause (Car Parking) and Clause 55 (Two or More Dwellings on a Lot and Residential Buildings) of the Hume Planning Scheme is provided below. In short, the proposal is able to meet all objectives of the two clauses subject to the inclusion of particular permit conditions. Clause Car Parking 8.2 It is proposed to provide two car spaces each to Dwellings 1 and 2 via a double garage, and one car space each to Dwellings 3 and 4 via a single garage. This meets the minimum car parking requirement as specified in Table 1 to Clause of the Hume Planning Scheme (one car space to each two bedroom dwelling and two car spaces to each three or more bedroom dwelling). 8.3 The design and layout of the car parking on the site accords with the design standards at Clause of the Hume Planning Scheme. In particular, the accessway and garages are of sufficient dimensions and have been designed to enable vehicles to exit the site in a forward motion with adequate turning areas. Clause Neighbourhood and Site Description and Design Response 8.4 A satisfactory neighbourhood and site description plan has been provided in accordance with the requirements of Clause of the Hume Planning Scheme. Clause Neighbourhood Character and Infrastructure 8.5 Neighbourhood Character: The dwellings are proposed to be single storey and double storey in scale and constructed using a combination of the prevalent building styles and materials, including brick veneer walls, tiled roofing and aluminium framed windows. This provides a design response that is respectful of the existing neighbourhood character and responds to the features of the site and surrounding area in terms of the built form, scale and architectural and roof style of the proposed dwellings. 8.6 Residential Policy: There is strategic support within the State and Local Planning Policy Frameworks for development that increases housing choice and affordability in established urban areas where there is access to community services, facilities and transport. The proposal is consistent with such strategic objectives in a manner that respects the existing neighbourhood character. 8.7 Dwelling Diversity: The proposal will result in a total of four dwellings on the lot. As such the dwelling diversity requirements, which refer to 10 or more dwellings on a lot, are not applicable. 8.8 Infrastructure: The development is able to be connected to reticulated services, including sewerage, drainage, electricity and gas. It is unlikely to unreasonably overload the capacity of the existing utility services and infrastructure in the area. 8.9 Integration with the Street: The layout of the development integrates well with the street. This has been achieved by orienting Dwellings 1 and 2 to front onto the street, avoiding high fencing and providing adequate vehicle and pedestrian links. Clause Site Layout and Building Massing 8.10 Street Setback: Dwellings 1 and 2 are proposed to be set back 6.4 metres from Pasley Street (excluding the porches, which are allowable encroachments). This is in accordance with the standard, which requires a minimum set back of 6.3 metres to be provided. This proposed street setback is therefore respectful of the existing neighbourhood character while making efficient use of the site Building Height: The dwellings are proposed to be constructed to the following maximum building heights: Dwelling 1: 6.63 metres Hume City Council Page 11

14 REPORTS COUNCIL LEADERSHIP REPORT NO: LE709 (cont.) Dwelling 2: 6.64 metres. Dwelling 3: 4.50 metres. Dwelling 4: 4.59 metres. This is within the maximum 9 metres specified by the standard and is deemed to be respectful of the existing neighbourhood character Site Coverage: The site coverage will increase to percent. This is within the maximum 60 percent specified by the standard and is deemed to be both responsive to the features of the site and respectful of the existing neighbourhood character Permeability: Approximately 21 percent of the site is proposed to be covered by permeable surfaces. This meets the standard of preventing at least 20 percent of the site from being covered by impervious surfaces and will reduce the impact of increased stormwater run-off on the drainage system and facilitate on-site stormwater infiltration Energy Efficiency: The proposed dwellings are suitably sited, oriented and designed to maximise access to daylight and solar energy where possible, while ensuring that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced Open Space: The land does not adjoin any public open space, therefore the open space requirements are not applicable Safety: The layout of the development provides suitable safety and security to residents and property, with the entrances of the dwellings being visible from the street and/or internal accessway Landscaping: Indicative landscaping has been shown on the plans. However, it is recommended that a more detailed landscaping plan be provided as a condition of any permit granted. The landscaping should incorporate the planting of a minimum two canopy trees in the front setback (one in front of Dwelling 1 and one in front of Dwelling 2) Access: The existing vehicle crossover will become redundant. It is recommended that the kerb and channel and nature strip be reinstated as a condition of any permit granted. A new central crossover is proposed to be provided and will serve vehicle access to all dwellings. The use of a single crossover maximises the retention of onstreet car spaces. It is also in accordance with the standard and does not exceed 33 percent of the street frontage, which ensures that the number and design of vehicle crossovers is respectful of the neighbourhood character Parking Location: The car spaces of each dwelling are conveniently located, are relatively close to the respective dwellings, are secure and enable safe and efficient vehicular movements for occupants and visitors. Additionally, all habitable room windows adjoining the shared accessway have been appropriately set back from the accessway and/or contain satisfactory sill heights in accordance with the standard. Clause Amenity Impacts 8.20 Side and Rear Setbacks: The proposed dwellings are of a suitable height and setback distance from the side and rear boundaries in accordance with the standard. This is respectful of the existing neighbourhood character and the amenity of existing adjoining dwellings Walls on Boundaries: The following walls are proposed to be constructed on the boundaries: The study, toilet, laundry and garage of Dwelling 1 (northern boundary). The garage of Dwelling 3 (northern boundary). The study, toilet, laundry and garage of Dwelling 2 (southern boundary). The garage of Dwelling 4 (southern boundary). Hume City Council Page 12

15 REPORTS COUNCIL LEADERSHIP REPORT NO: LE709 (cont.) The length of the walls to the northern and southern boundary is 15.7 metres each, which is within the maximum metres specified by the standard, for a boundary length of metres. The walls will be constructed to a maximum average height of 3.2 metres which is also in accordance with the standard. As such, the location, length and height of the walls on the boundaries is considered to be respectful of the existing neighbourhood character and limits the impact on the amenity of existing dwellings Daylight to Existing Windows: The existing habitable room windows of adjoining properties have adequate access to daylight, with the design response ensuring that allowance is made for a light court with a minimum area of 3 square metres and a minimum dimension of 1 metre clear to the sky North-facing Windows: There are no north-facing habitable room windows within 3 metres of the boundary. Therefore the existing adjoining dwellings will maintain adequate solar access to any existing north-facing habitable room windows Overshadowing Open Space: The proposed dwellings will not significantly overshadow the secluded private open space of the adjoining properties, which will receive a minimum of five hours of sunlight between 9am and 3pm on 22 September Overlooking: The development will not cause overlooking for the following reasons: Minimum 1.8 metre high side and rear boundary fences are proposed. This serves to provide a suitable visual barrier at the ground level. None of the first floor habitable room windows of Dwellings 1 and 2 are within a horizontal distance of 9 metres (measured at ground level) of the secluded private open space and habitable room windows of an existing dwelling. Therefore no window treatments are required to the dwellings in accordance with the standard Internal Views: The dwellings have been appropriately designed to limit views into the secluded private open space and habitable room windows of each other dwelling within the development. This has been achieved through the appropriate placement of walls, windows and fences Noise Impacts: The immediate surrounds are residential in nature. The residents of the development are unlikely to be unreasonably affected by external noise. Clause On-site Amenity and Facilities 8.28 Accessibility: The design of the development considers the needs of people with limited mobility and in particular, can be made easily accessible at the dwelling entries Dwelling Entry: The design response of the dwellings is effective in achieving a sense of personal address and identity. Provision has been made for porches which allow a transitional space around the entry while also providing shelter Daylight to New Windows: The new habitable room windows of the dwellings will have adequate access to daylight. In particular, the windows have a light court with a minimum area of 3 square metres and a minimum dimension of 1 metre clear to the sky Private Open Space: The private open space has been provided to the minimum area and dimensions required by the standard and will be conveniently accessible from the living/meals/kitchen areas of the dwellings. Therefore adequate private open space has been provided for the reasonable recreation and service needs of the residents Solar Access to Open Space: The secluded private open space is proposed to be oriented primarily to the east of all dwellings, which enables adequate solar access Storage: Provision has been made for a six cubic metre storage area to each dwelling, with the facilities sited in a conveniently accessible and secure location within the secluded private open space or garage of the dwellings. Hume City Council Page 13

16 REPORTS COUNCIL LEADERSHIP REPORT NO: LE709 (cont.) Clause Detailed Design 8.34 Design Detail: The design of the dwellings is relatively conventional/traditional and the façade, roof form and window and door proportions are considered to be compatible with the existing neighbourhood character Front Fences: No front fence is proposed Common Property: The access way is proposed to be shared by all dwellings and is likely to be utilised as common property, if approved. The communal area is clearly delineated from the private areas of the development and is deemed to be functional and capable of efficient management Site Services: There is sufficient space on the land for site services to all dwellings, including areas designated for mailboxes, bins and clothes lines. The site services are deemed to be adequate in size and conveniently accessible. 9. CONCLUSION 9.1 The application has been considered against the relevant policies and provisions of the Hume Planning Scheme, the site and surrounding context and the matters raised following notice and referral (including the six objections received). Based on the above assessment, it has been resolved that the proposal is suitable of attaining planning approval. 9.2 There is strategic support for additional infill housing, given the site s location within a fully serviced, established urban area within reasonable proximity to existing services and facilities. 9.3 Accordingly, it is recommended that the application be approved by issuing a Notice of Decision to Grant a Planning Permit, subject to the conditions and notes detailed in the recommendation section of this report. Hume City Council Page 14

17 REPORTS COUNCIL LEADERSHIP Attachment 1 - Locality/Aerial Maps LOCALITY MAP Permit Application: P17317 Subject Site: 47 Pasley Street, Sunbury Proposal: Development of Two (2) Double Storey Dwellings, Two (2) Single Storey Dwellings and the Creation of an Easement N SUBJECT SITE Hume City Council Page 15

18 REPORTS COUNCIL LEADERSHIP Attachment 1 - Locality/Aerial Maps AERIAL MAP Permit Application: P17317 Subject Site: 47 Pasley Street, Sunbury Proposal: Development of Two (2) Double Storey Dwellings, Two (2) Single Storey Dwellings and the Creation of an Easement SUBJECT SITE Hume City Council Page 16

19 REPORTS COUNCIL LEADERSHIP Attachment 2 - Development Plans Hume City Council Page 17

20 REPORTS COUNCIL LEADERSHIP Attachment 2 - Development Plans Hume City Council Page 18

21 REPORTS COUNCIL LEADERSHIP 25 AUGUST 2014 ORDINARY COUNCIL (TOWN PLANNING) Attachment 2 - Development Plans Hume City Council Page 19

22 REPORTS COUNCIL LEADERSHIP 25 AUGUST 2014 ORDINARY COUNCIL (TOWN PLANNING) Attachment 2 - Development Plans Hume City Council Page 20

23 REPORTS COUNCIL LEADERSHIP REPORT NO: REPORT TITLE: LE710 80A & Blair Street, Broadmeadows- Use and development of a community market with associated business identification signage and reduction in car parking requirements. SOURCE: Kamal Hasanoff, Town Planner DIVISION: City Sustainability FILE NO: P17268 POLICY: Hume Planning Scheme STRATEGIC OBJECTIVE: Accountable Leadership ATTACHMENTS: 1. Locality Map 2. Locality Map- Aerial View 3. Existing Site & Floor Plan 4. Extended Existing Floor Plan 1 5. Extended Existing Floor Plan 2 6. Proposed Floor Plan 1 7. Proposed Floor Plan 2 8. Proposed Signage Plan Application No: Proposal: P17268 Use and development of a community market with associated business identification signage and reduction in car parking requirements. Location: 80A & Blair Street, Broadmeadows Zoning: Commercial 2 Zone Applicant: Brollen Pty Ltd C/- Tract Consultants Date Received: 22 August SUMMARY OF REPORT: 1.1 An application has been received for the use and development of a community market with associated business identification signage and reduction in car parking requirements at 80A & Blair Street, Broadmeadows. The proposed market would operate in conjunction with existing office, education and warehouses uses onsite. 1.2 The proposal has been advertised with three objections received. Additional correspondence highlighting concerns with no identifiable contact details was received. This cannot be considered as an objection. Council is required to consider the State and Local Planning Policy Framework including the Municipal Strategic Statement of the Hume Planning Scheme and any local planning policy documents. Approval is recommended. 2. RECOMMENDATION: That Council, having considered the application on its merits and the objections received, resolves to issue a Notice of Decision to Grant a Planning Permit for the use and development of a community market with associated business identification signage and reduction in car parking requirements at 80A & Blair Street, Broadmeadows on the following grounds: Hume City Council Page 21

24 REPORTS COUNCIL LEADERSHIP REPORT NO: LE710 (cont.) 1. Before the development permitted by this permit commences, three copies of 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 this permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must show: a) A notation to state which part of the use will be operational on what days in accordance with the operating hours found at Condition 8. b) The pay collection points to be relocated to the entry points in the market confines to the satisfaction of the responsible authority. c) All unused crossovers not required to access the site to be removed and the kerb, channel and nature strip reinstated to the satisfaction of the responsible authority. d) Allocation of car parking throughout the week between the various uses to the satisfaction of Council. e) Directional sign 3 to be located within the subject site. f) The Master Plan to be revised to include all relevant changes and conditions of this permit. g) Update all plans to correlate with each other in the information they represent. 2. A parking occupancy survey is to be undertaken by a suitably qualified professional of all the on-street parking on the roads surrounding the site 4 weeks after opening and 12 months after the first occupancy survey on both Saturday and Sunday over 2 weekends. The survey results are to be provided to Council s Traffic Department for review and any mitigation measures recommended within the report or survey or required by Council to address parking or traffic concerns must be adopted by the applicant at their full expense to the satisfaction of the responsible authority. 3. Within 2 months of the permit being issued and at the full cost of the permit applicant/land owner, a plan showing proposed rejuvenation works in the form of improved finishing s, colours and materials to the façade of buildings visible from Blair Street, Riggall Street and Belfast Street is to be developed and submitted for endorsement to the satisfaction of the responsible authority. The plan must also include new landscaping works along these respective street frontages and set out a timeframe in which the work will be commenced and completed to the satisfaction of the responsible authority. 4. The areas noted on the plan/s as ancillary storage to the market must not be used for any other purpose other than storage associated with the market. The area must not be used to accommodate market stalls. 5. The use approved by this permit must not commence in Warehouse A until such time that the land contamination advice dated 11 th March 2014 is updated to include relevant parts of Warehouse A which is to be used as part of the market floor area for patron access. The report must clear the area for patronage/market use. 6. The development and use of the site must be undertaken in accordance with the restrictions and recommendations set out in the land contamination advice produced by Environmental Earth Sciences dated 11 th March 2014 incorporating further revisions to this advice. 7. In the event noise emanating from the site becomes an issue and complaints are received by Council, the permit holder or land owner must at their sole cost commission an acoustic report. Any recommendations made in this report to address the issue of noise must then be adopted at the full cost of the permit holder/land owner and to the satisfaction of the responsible authority. Hume City Council Page 22

25 REPORTS COUNCIL LEADERSHIP REPORT NO: LE710 (cont.) 8. Except with the prior written consent of the responsible authority, the use permitted may only operate during the following times: Thursday and Friday (part of Warehouse D only- refer to plans) Saturday and Sunday: 7.00am to 8.00pm 8.00am to 6.00pm 9. Prior to the commencement of the use hereby permitted, the owner of the land must provide a waste management plan for the collection of all waste from the subject site to the satisfaction of the responsible authority. 10. Before the use commences, a Management Plan prepared by a suitably qualified person to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the Management Plan will be endorsed and will then form part of the permit. All activities forming part of the use must comply with the endorsed Management Plan. The plan must include but not be limited to: (a) Restricting staff parking on site. (b) Traffic management and car parking management arrangements during peak usage time. (c) Waste/litter management throughout the operation of the market. (d) Staffing and other measures to ensure the orderly departure and arrival of people. (e) Specific amenity management arrangements to be put in place. (f) Measures to control noise emissions from the premises. (g) Ongoing communication methods (including the provision of signage) advising the users of the premises to respect the amenity of adjoining neighbours. (h) Measures to discourage patron car parking in nearby streets. (i) Contact details of site manager/supervisor. (j) Provision of toilet/wash facilities and relevant maintenance. (k) Vermin control. (l) Any other matter that is relevant to the conduct of the use in accordance with the conditions of this permit. When the plan is approved by the responsible authority, the use must be conducted in accordance with the approved Management Plan. The Management Plan may be amended by the responsible authority after written request by the owner or the operator of the land. 11. All vehicles are to enter and exit the site in a forward motion. 12. The use or development permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality by reason of the processes carried on; the transportation of materials, goods or commodities to or from the subject land; the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; the presence of vermin, or otherwise. 13. Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plan(s) and must be drained and provided with an appropriate seal coat to the satisfaction of the responsible authority to prevent silt from spilling over onto public roads. The areas must be constructed, drained, provided and maintained in a continuously useable condition to the satisfaction of the responsible authority. Hume City Council Page 23

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