Amendment C195 to the Boroondara Planning Scheme - Maling Road Built Form Guidelines - Summary of Submissions and Request for Panel

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1 UPC2 Amendment C195 to the Boroondara Planning Scheme - Maling Road Built Form Guidelines - Summary of Submissions and Request for Panel Abstract On 17 March 2014 the Urban Planning Special Committee (UPSC) adopted the Maling Road Built Form Guidelines (MRBFG) and resolved to commence Planning Scheme Amendment C195 to introduce the guidelines into the Boroondara Planning Scheme through Design and Development Overlay 23 (DDO23). It also proposes to apply the Environmental Audit Overlay (EAO) and General Residential Zone to 85 Maling Road (the Bradshaw site), and include 210 to 216 Canterbury Road and 2B Wattle Valley Road in the interim DDO20. Amendment C195 received authorisation from the Minister for Planning on 23 May 2014 and was exhibited from 17 July 2014 to 18 August Council received 11 submissions to the amendment; four (4) submissions of support; three (3) supporting the overall amendment but requesting changes to a component of the amendment; and four (4) objecting submissions. The submissions were generally supportive of the amendment and the proposed built form controls. The key issue raised in objecting submissions was the proposed 11 metre height limit for the former Bradshaw site (85 Maling Road). This property is subject to a current planning permit application proposing a four-storey development. The application will be considered by VCAT in late November This report provides a summary of the submissions and officer response (Attachment 1) as well as recommended changes to the amendment (Attachments 2 and 3). This report seeks a resolution from the UPSC to refer unresolved submissions to a Planning Panel for consideration and adoption of the revised DDO23 and DDO20. Officers' recommendation That the Urban Planning Special Committee resolve to: 1. Receive and acknowledge the submissions to Amendment C195 (Attachment 1) to the Boroondara Planning Scheme. 2. Adopt the officers response to submissions and recommended changes to Amendment C195 as shown at Attachments 2 and Refer unresolved submissions listed in Attachment 1 to a Planning Panel in accordance with Section 23(1)(b) of the Planning and Environment Act Write to the Minister for Planning to request appointment of a Planning Panel under Section 153 of the Planning and Environment Act 1987 to consider submissions. 5. Update the Boroondara Schedule of Gradings Map, to show 2 Bryson Street, Canterbury as a contributory heritage property in Heritage Overlay - Schedule 145 (HO145). Document information City of Boroondara Amendment C195 Page 1 of 42

2 Responsible director: John Luppino City Planning 1. Purpose The purpose of this report is to: Inform the Urban Planning Special Committee (UPSC) of the outcomes of exhibition and officers recommendations in response to the submissions received to Amendment C195. Seek a resolution from the UPSC to: - Adopt the officers response to the submissions contained at Attachment 1. - Adopt changes to Amendment C195 detailed in Attachments 2 and 3. - Refer submissions that could not be resolved to a Planning Panel for consideration (Attachment 1). 2. Policy implications and relevance to council plan Council Plan Theme three of the Council Plan , Enhanced Amenity, seeks to improve and protect the character of our neighbourhoods by engaging with our community and striving to protect our natural and built environments. This goal is reinforced by Clause Activity Centres and Enterprise Corridors of the Boroondara Planning Scheme. Clause highlights the need to investigate and provide direction for '...built form outcomes for Maling Road shopping centre and local activity centre' in the Boroondara Planning Scheme. Amendment C195 implements the above directions by providing clear built form outcomes for the Maling Road Shopping Centre ( the Centre ). Introducing these controls will help to preserve the unique character of this centre for future generations. City of Boroondara Public Health and Wellbeing Plan Strategy 2.1 of Theme 2: Liveable, sustainable health promoting city of Council s Health and Wellbeing Plan seeks to ensure that health promoting principles [are considered] when planning and developing the built environment. Amendment C195 addresses this strategy by promoting a level of change in the Centre that is sympathetic to the heritage streetscape the community values, while allowing development that provides opportunity for housing and improved levels of safety in the centre. Plan Melbourne Theme 4 of the State Government s Metropolitan Planning Strategy Plan Melbourne - Create healthy and active neighbourhoods and maintain Melbourne s identity as one of the world s most liveable cities advocates for the protection of Melbourne s heritage (Direction 4.7) and acknowledges the important role it plays in peoples connections to where they live. City of Boroondara Amendment C195 Page 2 of 42

3 In addition, Direction 4.2 seeks the creation of a network of 20-minute neighbourhoods to provide a range of services close to where people live. Initiative seeks to protect Melbourne s neighbourhood shopping centres and supports the use of mandatory height controls for neighbourhood shopping centres. Amendment C195 supports Plan Melbourne directions by retaining the retail and service function of the Centre, while supporting a level of change that will respect the historical buildings that makes the Centre what it is today. Further, the amendment proposes the use of mandatory height controls to protect this neighbourhood centre from inappropriate development. 3. Background On the 17 February 2014 the UPSC resolved to: Adopt the Maling Road Built Form Guidelines. Write to the Minister for Planning to request authorisation to prepare Amendment C195 to the Boroondara Planning Scheme in accordance with Section 4B and 8A(4) of the Planning and Environment Act Commence exhibition of Amendment C195 following receipt of authorisation from the Minister for Planning, to prepare Amendment C195 to the Boroondara Planning Scheme. Following this resolution, officers wrote to the Minister for Planning to seek authorisation to prepare Amendment C195. Authorisation was granted on 23 May Exhibition of the amendment commenced on 17 July 2014 and closed on 18 August Eleven (11) submissions were received to the amendment during exhibition including; four (4) submissions of support; three (3) supporting the overall amendment but requesting changes to a component of the amendment; and four (4) submissions objecting to the amendment. Section 22(1) of the Planning and Environment Act 1987 (the Act) states that A planning authority must consider all submissions made on or before the date set out in the notice. Section 23(1) of the Act states that after considering all submissions received the planning authority must: a) change the amendment in the manner requested; or b) refer the submission to a panel appointed under Part 8; or c) abandon the amendment or part of the amendment. In accordance with the Act, officers have reviewed the submissions received. Summaries of the submissions and officers response and recommendations are detailed in Attachment 1, and discussed in the next section of this report. City of Boroondara Amendment C195 Page 3 of 42

4 4. Outline of key issues/options Overall the responses received to the amendment were generally supportive of the proposed built form controls. Some submitters supported the amendment, while requesting modifications including: Updating DDO23 to provide guidelines for the location of air conditioning units and associated services. Reducing the height limit proposed for 85 Maling Road (the former Bradshaw site) from 11 metres to 8.5 metres and providing a setback greater than 3 metres from 83 Maling Road. Changing the heritage grading for 2 Bryson Street from a noncontributory grading to a contributory grading. Updating DDO20 to include the sensitive residential interface setbacks proposed in DDO23. Applying a 3 metre landscaped setback from Canterbury Road for properties proposed for inclusion in DDO20. Each of these issues raised will be discussed in more detail in the remainder of the report. Location of services A number of the submitters raised concern that there was no policy direction in DDO23 relating to the location of air conditioners and other services. Submitters requested that a permit trigger be included in DDO23 for these works. Officers agree with submitters that the location of air conditioning units and other services can have a detrimental impact on the overall appearance of a new development and particularly its presentation to the streetscape. However, a planning permit is already required for these services pursuant to the provisions of the Heritage Overlay (which applies to all properties in the Centre) and for non-residential uses by the proposed DDO. Policy direction is provided in Clause Heritage Policy to assist in the assessment of applications triggered by the Heritage Overlay. However, officers can see value in providing an additional guideline in DDO23 to deal with the location of services as part of an assessment under the DDO23. The guidelines encourages services to be screened from view and not located on the facade or external boundaries that a face the street. The revised DDO23 in Attachment 2 has been updated to reflect this. Proposed building height for the Bradshaw site (85 Maling Road) The main concern raised by submitters related to the 11 metre height limit proposed for 85 Maling Road and the possible impacts on the abutting buildings. Submitters requested that the height limit be reduced to 8.5/9 metre to allow no more than 2 storeys on this site. The submitters primary concerns are that: the proposed height limit will allow development of a scale not in keeping with the character of the area. City of Boroondara Amendment C195 Page 4 of 42

5 the proposed height and setback requirements will result in a visually bulky building and adversely impact the neighbouring single storey properties at 83 and 103 Maling Road. These issues were carefully considered by officers when preparing the MRBFG and drafting DDO23. Officers do not agree with the submitters concerns and believe they are based on a misunderstanding of the proposed controls. A discussion of key aspects of the built form guidelines in response to the submissions is provided below. Overall building height Submitters requested that the overall height permitted for the Bradshaw site be reduced to 8.5/9 metres. Submitters were of the opinion that the 11 metre height limit would have a detrimental impact on the dwelling at 83 Maling Road, the buildings at 103 Maling Road and the Maling Road streetscape. Council officers do not hold the same concerns as submitters. While DDO23 allows for an 11 metre high building to be constructed on this site this height limit does not apply to the whole site. The setback controls discussed below mean that only a smaller portion of the site can be developed to this height. DDO23 does not support three storey development at the site s interface with Maling Road nor does it support three storey development at the shared boundary to 83 and 103 Maling Road (due to the upper level setback requirements discussed below). The DDO23 also includes design guidelines that require any development to: Include vertical and horizontal architectural elements that reinforce the rhythm and fine grain character of the historic buildings in the Centre. Avoid large sections of blank unarticulated walls to the street. Ensure the side elevation responds to the siting and length of side walls of historic residences to avoid extensive blank walls towards 85 Maling Road. Ensure the third floor is constructed of lightweight materials and finishes to assist in reducing visual bulk. Regard also needs to be given to Clause 55, the objectives of the Heritage Overlay and Council s Heritage Policy. On balance, the built form controls proposed by DDO23 provide an appropriate framework for the future redevelopment of the site. The controls provide for setback controls that minimise impacts on adjoining buildings, respond to the commercial context and ensure built form outcomes are in keeping with the character and established pattern of development. Streetwall height While streetwall height has not been specifically mentioned in the written submissions, the submissions appear to assume that 11 metre streetwall can be built at the street edge. City of Boroondara Amendment C195 Page 5 of 42

6 As detailed above, DDO23 does not set an 11 metre height limit for the whole site but only for portion of the site. DDO23 proposes a discretionary 9 metre streetwall to Maling Road with any built form over 9 metres to be set back a minimum of 5 metres behind the streetwall (refer to Section in Attachment 4). This streetwall height reflects the height of existing heritage buildings in the Centre, which range from 5.7 metres up to 11 metres. The Maling Road streetscape does not have a consistent streetwall or building height. Single storey buildings account for 48 % and two or more storey buildings account for 52% of the historic buildings in the Centre. Officers therefore consider the 9 metre streetwall interface to Maling Road to be an appropriate design response. Front setback guidelines While not specifically mentioned in the written submissions, setbacks from the street are equally important as building height when considering what potential impacts a new development might have on abutting buildings. Given the residential zoning of the Bradshaw site, any proposed development will not only need to have regard to the controls contained in DDO23 but also the standards and objectives in ResCode (Clause 55). The front setback standard contained at Clause 55 requires any development on this site to be set back the average distance of the two abutting buildings facing the same street or 9 metres whichever is the lesser. The dwelling at No. 83 Maling Road has a front setback of approximately 4 metres (2 metres to the centrally located architectural element to Maling Road). The buildings at 103 to 109 Maling Road have a zero front setback towards Maling Road. Pursuant to Clause 55, any future development on this site should have a minimum setback of 2 metres. In addition to the setback requirements in Clause 55, any redevelopment of this site also needs to have regard to Council s local Heritage Policy (Clause 22.05). The Heritage Policy states that new buildings in heritage precincts should: not be positioned forward of the abutting heritage places or positioned substantially behind the prevailing façade of significant or contributory buildings. have site setbacks that reflect those of the adjacent heritage places. Based on these controls, any development on this site would need to have regard to the setbacks of adjoining buildings and provide a graduated building setback to Maling Road. There are a range of ways this transition can be handled through a building s design. Officers do not consider it necessary to replicate or provide additional guidance to the standards already contained in ResCode and the Heritage Policy. However, in considering the submissions received officers feel that DDO23 could be revised to provided more prescriptive guidance and require any redevelopment of 85 Maling Road to have regard to the setback of 83 Maling Road and 103 Maling Road to appease the concerns of submitters. Additional guidelines to this effect have been included in DDO23. City of Boroondara Amendment C195 Page 6 of 42

7 Interface with 83 and 103 Maling Road One of the key concerns raised was the perception that the building height proposed does not provide an appropriate transition in scale between the adjoining single storey heritage properties and a future development on this site. Council officers do not agree with the submitters for the reasons discussed below. Interface with 83 Maling Road The section diagram at Attachment 5 shows the building envelope for the Bradshaw site in relation to the significant heritage property at 83 Maling Road. The dwelling at 83 Maling Road is set back approximately 10 metres from the shared side boundary. At the rear, the dwelling is set close to the rear boundary with little setback at all. The building envelope controls in DDO23 encourage development above 8 metres to be set back 6 metres from the shared boundary. Combined with the existing 10 metres setback of the dwelling, the third floor of any future development should be set back a minimum of 16 metres from the dwelling at 83 Maling Road. Development up to a height of 8 metres should be setback a minimum of 3 metres from the shared boundary. This would result in a minimum setback of 13 metres from the eastern elevation of the dwelling at 83 Maling Road. These setbacks are ample to ensure that any development on this site will not dominate the dwelling at 83 Maling Road when viewed from the street. In addition these setback requirements are more onerous than normal ResCode standards which would apply if DDO23 was not applied to this site. Notwithstanding these setbacks, the Bradshaw site also wraps around behind 83 Maling Road. This section of the Bradshaw site has the most potential to have a detrimental impact on the heritage property at 83 Maling Road. Council officers therefore recommend that the maximum building height for the triangular portion of the site be lowered to 8 metres (2 storeys). The reduced height will ensure that an appropriate building graduation is provided to the single storey building at 83 Maling Road. The 3 metre setback from the sensitive residential interface for development up to 8 metres will be retained to ensure adequate separation between the existing building and any new development. Officers note that the irregular shape of this portion of the Bradshaw site coupled with the 3 metre setback is likely to make redevelopment of this portion difficult. It is therefore likely that this area will remain as some form of open space or service area. The map in DDO23 (refer to Attachment 2) has been updated to reflect the above changes to the building height. City of Boroondara Amendment C195 Page 7 of 42

8 Interface with 103 Maling Road The buildings at No. 103 to 109 Maling Road are a group of single storey contributory heritage buildings. The overall height of these buildings is 8.3 metres (to the top of the parapet) with a depth of approximately 5 metres. A 3 metre wide laneway separates the Bradshaw site from these properties. To the rear (north) of these properties is a group of contributory heritage buildings with a height of 10.8 metres to the top of the parapet facing Theatre Place. DDO23 allows these existing two storey heritage buildings to be developed to a maximum height of 11 metres; 103 Maling Road could be developed to a maximum height of 8.5 metres, subject to achieving an appropriate setback behind the existing street wall. Submitters raised concerns that the controls in DDO23 for the Bradshaw site would not provide an appropriate transition in scale between 103 Maling Road and the Bradshaw site. Based on the building heights mentioned above, officers do not agree DD023 requires a transition in built form. Further, 103 Maling Road is a commercial premises and therefore a completely different interface than the dwelling at 83 Maling. As detailed above, DDO23 encourages any development on the Bradshaw site to have a maximum streetwall height of 9 metres which is similar to the 8.3 metres high parapet at 103 to 109 Maling Road. DDO23 also requires any development above 9 metres to be set back a minimum of 5 metres behind the streetwall. Again, these built form guidelines are consistent with the existing conditions at 103 to 109 Maling Road where the 10.8 metres high buildings are set back 5 metres from the Maling Road interface. Given these setbacks, the scale difference between 103 and 85 Maling Road will be marginal and unlikely to impact on this heritage property. Notwithstanding these heights, Council s Heritage Policy will be used during the assessment of any future planning permit application to determine the detailed aspects of these buildings and appropriateness relative to context. Council officers consider that the height and setback controls reflect the existing built form character of the Centre. The Centre is characterised by the mix of single and double storey buildings. In many instances buildings of different heights directly abut each other. Zoning of the Bradshaw site Whilst the proposed rezoning from the Neighbourhood Residential Zone 3 (NRZ3) to the General Residential Zone (GRZ) for the Bradshaw site was not raised in written submissions, some submitters have verbally questioned the proposed rezoning since the close of submissions. The question stemmed from submitters desire for a lower height limit for the Bradshaw site to limit development opportunities. Council officers do not consider the NRZ3 to be an appropriate zone for the Bradshaw site based on the following: The objectives of the zone contemplate this zone being applied in residential streetscapes where there is a consistent one to two storey residential character. The Bradshaw site sits more in a commercial context not residential and is not characteristic of areas that have been included in the NRZ. City of Boroondara Amendment C195 Page 8 of 42

9 The built form analysis undertaken for Maling Road determined that more intensive development than what is permitted by the NRZ would be appropriate for this site. The site is clearly capable of accommodating more than two dwellings without detrimentally impacting the character of Maling Road, or resulting in adverse off-site amenity impacts. The 8 metre height limit is not reflective of the scale of existing two storey buildings in Maling Road which range from 8.3 metres to 11 metres. There is no justification to mandate an 8 metre height limit for this site when existing heritage buildings already exceed this height. The site has a long commercial history irrespective of its residential zoning. The property therefore has a much stronger relationship with the commercial properties in Maling Road than it does to the residential properties. Officers therefore consider the GRZ to be the most appropriate zone for this site. The GRZ allows a wider range of built form outcomes and will allow built form outcomes that complement the commercial heritage streetscapes of Maling Road. The NRZ would unnecessarily restrict possible built form outcomes at the detriment to the Maling Road streetscape. Heritage grading of 2 Bryson Street One submission questioned the non-contributory grading of 2 Bryson Street (Refer to Attachment 6) in the map contained in DDO23. The submitter argued that this building forms part of the group of buildings at 94 to 104 Maling Road that are identified as contributory. In response to this submission, officers reviewed the Camberwell Urban Conservation Study, which forms the basis for the gradings for this heritage precinct. The review found that the property does indeed form part of the group of contributory shops located at 94 to 104 Maling Road. A mapping error in translating the Camberwell Urban Conservation Study into the planning scheme lead to this property being given a non-contributory grading instead of a contributory grading like the other shops in this group. Council s Heritage Advisor has reviewed this property and agreed that this property should have a contributory grading. Officers recommend that Council s write to the affected property owner regarding the proposed changes to the heritage grading of this property. Following consultation with the property owner, officers should commence a process to update the Schedule of Grading Map and Map 1 of DDO23 to show this property as a contributory property Canterbury Road and 2B Wattle Valley Road Sensitive residential interface One submitter requested that the sensitive residential interface requirements contained in DDO23 also be applied to Canterbury Road and 2B Wattle Valley Road (refer to map in Attachment 6). City of Boroondara Amendment C195 Page 9 of 42

10 These properties originally formed part of the Maling Road Neighbourhood Centre in the Draft Activity Centres Strategy However, officers believe that these properties have a stronger relationship to the commercial properties in Canterbury Road. Therefore, Amendment C195 proposes to include these properties in interim DDO20 which currently applies to the Canterbury Road Commercial Corridor, until the permanent controls (DDO16) for this Commercial Corridor are introduced into the Boroondara Planning Scheme by Amendment C108. DDO20 requires a setback of 3 metres from residential properties for developments of 3 or more storeys. DDO16 contains the same residential interface controls as DDO23 and detailed earlier in this report. Therefore, the setback from sensitive residential interfaces to commercial properties in DDO23 will apply to Canterbury Road and 2B Wattle Valley Road once DDO20 is replaced by DDO16 by Amendment C108. However, Amendment C108 has not yet been approved by the Minister and DDO16 does not form part of the planning scheme. Amendment C195 can therefore only recommend inclusion of these properties in DDO20 to provide interim protection. Officers do not consider any further changes to DDO20 are justified. The concerns raised by the submitter are addressed through the existing built form guidelines and requirements of DDO20. Any additional changes to DDO20 at this time would require re-notification of the amendment to ensure that all properties affected by DDO20 have the opportunity to comment on these changes. Officers are hopeful that Amendment C108 will be approved and introduced into the planning scheme before a panel is held for C195. In this instance, the approved DDO16 would be updated to include these properties with the heights as exhibited. However, should DDO16 not be approved at the time of adopting Amendment C195, Council has the option to continue with updating the interim controls (DDO20) or splitting Amendment C195 into two parts to delay any changes to DDO20 until C108 has been approved and the controls can be translated onto DDO16. Setbacks from Canterbury Road The submitter further requested that a 3 metre front setback be required for the properties from Canterbury Road to retain vistas of the Canterbury Mansions. The buildings currently existing on these sites provide front setbacks of approximately 3 metres. Such guidelines would reinforce the existing conditions for any future redevelopment. The key vista along Canterbury Road is the long range views of the Canterbury Mansion s tower as you travel east/west along Canterbury Road. The key short range vista is of the Canterbury Post Office which can only be seen as you travel west along Canterbury Road. Council officers do not consider that any additional front setback requirements are justified to retain short and long range vistas to Canterbury Mansion s tower or Canterbury Post Office. City of Boroondara Amendment C195 Page 10 of 42

11 Notwithstanding this, Council officers consider that the provision of a landscape setback is part of the character of this section of Canterbury Road and is reflected in the existing front setbacks of buildings. For this reason, officers propose to include the requirement for a discretionary 3 metres landscaped setback for the properties at Canterbury Road in DDO20. The updated DDO20 is provided in Attachment Consultation/communication Amendment C195 was placed on public exhibition from 17 July 2014 to 18 August Notification letters were sent to owners and occupiers of directly affected and surrounding properties, to the north and south of the railway line, to advise them of the exhibition period and their opportunity to provide Council feedback on the amendment. In addition to the letters sent to residents, notices were placed in the Government Gazette and Progress Leader newspaper at the start of the exhibition period. Information was also posted on Council s Online Bulletin and on the Strategic Planning Projects under consultation webpage for the full duration of the exhibition period. Two (2) notices were also included in Council s Boroondara Notice Board section in the Progress Leader during the exhibition period. All submitters have been notified of this meeting and have an opportunity to address the Committee, if they chose to. If Council resolves to refer this amendment to an independent Panel, Planning Panels Victoria will send letters to all submitters to advise them of the hearing and give them the opportunity to present to the panel. Following the panel hearing, officers will report back to the UPSC on the Panel s recommendations. At this meeting, submitters will be able to again address the UPSC. Following this meeting, officers will seek a resolution for Council to adopt the amendment before requesting approval of the amendment from the Minister for Planning. 6. Financial and resource implications All costs associated with the preparation of the Maling Road Built Form Guidelines have been sourced from the Strategic Planning Department 2013/14 budget. Further costs and officer resources associated with progressing Amendment C195 (including statutory fees and panel costs) will be met by the Strategic Planning Department s 2014/2015 budget. 7. Governance issues The implications of this report have been assessed against the requirements of the Victorian Charter of Human Rights and Responsibilities, including Council's Victorian Charter of Human Rights and Responsibilities Compatibility Assessment Matrix (Version 1, August 2011). The outcomes sought by this report will not negatively impact on the values identified in the Charter. The officers responsible for this report have no direct or indirect interests requiring disclosure. City of Boroondara Amendment C195 Page 11 of 42

12 8. Social and environmental issues The application of planning controls to Maling Road through DDO23 and DDO20 will have a positive impact on the Centre and Canterbury Road The DDOs provide additional design guidance over and above the heritage requirements already provided by the Heritage Overlay and Clause Heritage Policy. They also provide more prescriptive guidance on the type of development and design outcomes expected within this Centre. The combination of the existing heritage controls and the proposed DDOs will give the community, landowners and developers clear directions on the scale, form and design outcomes appropriate for Maling Road. The controls will ensure that the unique character of the Centre is preserved and protected from inappropriate development. Manager: Report officer: Zoran Jovanovski, Strategic Planning Amanda Seymour, Senior Strategic Planner, Strategic Planning City of Boroondara Amendment C195 Page 12 of 42

13 Urban Planning Special Committee Agenda 20/10/14 Summary and response to submissions to Amendment C195 Sub. No.* Support/ object Submission summary Officers response Recommendation Submissions of Support 1 Support 3 Support The submitter supports Amendment C195. The submitter was relieved to see the intent of the Maling Road Built Form Guidelines (MRBFG) and how this will help safeguard the historical significance of Maling Road. The submitter supports the proposed planning controls for Maling Road. Submission of support; no comment required. Submission of support; no comment required. No action required. No action required. 4 Support The submitter supports Amendment C195 and DDO23 and was pleased to see Council taking steps to enhance and protect the precinct s values. The submitter s comments included: The background information and analysis provides a valuable basis for development of the guidelines. The village feel is a key strength of the precinct and protection/enhancement of this feel is vital. The guidelines to enhance and protect facades, and limit building heights, are generally supported. Pleased the report acknowledged the poor interface with some public spaces and highlighted the need to improve access and links such as the links to Canterbury Gardens. Submission of support; no comment required. No action required. *Submission numbers relate to the order submissions were received. City of Boroondara Amendment C195 Page 13 of 42

14 Summary and response to submissions to Amendment C195 Sub. No.* Support/ object Submission summary Officers response Recommendation 5 Support The submitter supports Amendment C195 and the built form controls proposed for Maling Road. Submission of support; no comment required. No action required. Provide design guidelines for the installation of services 2 & 7 Object The submitters requests that the DDO23 include requirements for the installation of air conditioning units as part of its planning controls to ensure services are concealed from view and integrated into the design of new developments. Officers agree with the submitters that air conditioning units could have a detrimental impact on the streetscape, if not appropriately integrated into the design of a development. Permit triggers already exist for these services through the Heritage Overlay and DDO23 (commercial properties only). Further, Clause Heritage Policy provides guidelines for the location of these services. These guidelines would form part of Council s assessment of any application made under the Heritage Overlay. Update DDO23 and the MRBFG to include a new guideline stating that services should be screened from view and not located on the front facade of a building. However, to ensure there is policy direction in DDO23 to aid the assessment of an application, it is recommended that DDO23 be updated to include a guideline stating that all services should be screened from public view and should not be located *Submission numbers relate to the order submissions were received. City of Boroondara Amendment C195 Page 14 of 42

15 Summary and response to submissions to Amendment C195 Sub. No.* Support/ object Submission summary Officers response Recommendation on external balconies facing the street. Object to the height limit proposed for the Bradshaw site 6 Object The submitter objects to the 11 metre height limit proposed for the former Bradshaw site at Maling Road as four storey development on this site would have a detrimental impact on 83 and 103 Maling Road. The submitter requests that future development on the site be limited to 8.5 metres to lessen potential impacts on 83 Maling Road and 103 Maling Road. The 11 metre height limit proposed for the Bradshaw site allows for a three (3) storey building to be constructed on the site, not four storeys as mentioned in the submission. With respect to the interface with 83 and 103 Maling Road the design guidelines proposed for DDO23 require a 9 metres high streetwall (approximately 2 storey) to Maling Road and adjacent to the side boundary of 83 Maling Road. The DDO further provides a discretionary 5 metres setback for development above the streetwall and the side wall alongside 83 Maling Road. Update DDO23 and the MRBFG to reduce the height limit of the triangular portion of 85 Maling Road (behind 83 Maling Road) from 11 metres to 8 metres. These setbacks are proposed to ensure that the third floor of this building is a recessive element in the Maling Road streetscape and to reduce the visual bulk of this building when viewed from the street and surrounding residential area. Notwithstanding the above, officers *Submission numbers relate to the order submissions were received. City of Boroondara Amendment C195 Page 15 of 42

16 Summary and response to submissions to Amendment C195 Sub. No.* Support/ object Submission summary Officers response Recommendation propose to reduce the maximum building height for the triangular section of the Bradshaw site located behind 83 Maling Road to 8 metres to assist in protecting 83 Maling Road and to ensure that any development in this section of the Bradshaw site does not overwhelm the single storey heritage building at 83 Maling Road. A detailed discussion of the proposed setback and height controls for the Bradshaw site is provided in the body of the report. 7 8 & 11 Support/ object Support/ object The submitter supports the amendment but requests that the height limit for 85 Maling Road be reduced to 9 metres abutting residential properties, increasing to a height of 11 metres abutting the commercial premises. The submitters support Amendment C195 with the exception of the height limit for the Bradshaw site. They request that the height limit for this site be reduced from 11 metres to a maximum height limit of 8 metres. The submitters also raise concern that any development of this site will be a big The issues raised by the submitters were carefully considered in preparing the MRBFG and drafting of DDO23. Both documents provide additional and appropriate policy guidance over and above the controls already provided by the Heritage Overlay and Council s Heritage Policy. The proposed controls ensure that any redevelopment of this site has appropriate regard to the site s context and the historic streetscapes of Maling Road. The building envelope proposed by No changes justified to the height proposed for the Bradshaw site with the exception of the triangular section of the site behind 83 Maling Road, mentioned above. *Submission numbers relate to the order submissions were received. City of Boroondara Amendment C195 Page 16 of 42

17 Summary and response to submissions to Amendment C195 Sub. No.* Support/ object Submission summary Officers response Recommendation concrete box so the lower the height limit, the better. The submitters also state that any building on this site should be Victorian in character and no modern building should be allowed to be built on this site as it would be a better outcome for the street. DDO23 allows for a 2 storey built form to Maling Road and the single storey residence at 83 Maling Road, as requested in submissions, but allows for a recessive third floor that will read as a secondary element to the street. A detailed discussion of the proposed setback and height controls for the Bradshaw site is provided in the body of the report Canterbury Road 7 Object The submitter supports the overall amendment, but requests that a 3 metre setback be applied to Canterbury Road to retain vistas of the Malones Hotel tower. The Canterbury Mansion Tower is the key long range vista as you travel east/west along Canterbury Road. The key short range vista is of the Canterbury Post Office which can only be seen as you travel west along Canterbury Road. Update Map 2 of DDO20 and the MRBFG to apply a 3 metre landscape setback to Canterbury Road. Council officers do not consider that any additional front setback requirements are justified to retain short and long range vistas to Canterbury Mansion Tower or Canterbury Post *Submission numbers relate to the order submissions were received. City of Boroondara Amendment C195 Page 17 of 42

18 Summary and response to submissions to Amendment C195 Sub. No.* Support/ object Submission summary Officers response Recommendation Office. The front setback of any future development at Canterbury Road has limited impact on long range vistas of the tower or the post office. However, the existing landscape setback of these properties is part of the character of this section of Canterbury Road. The setback is not needed to protect vistas, but it is part of the character of this side of Canterbury Road and should be retained. A detailed discussion of this issue is provided in the body of the report. *Submission numbers relate to the order submissions were received. City of Boroondara Amendment C195 Page 18 of 42

19 Summary and response to submissions to Amendment C195 Sub. No.* Support/ object Submission summary Officers response Recommendation The submitter supports the overall amendment, but requests that the sensitive residential interface setback should be applied to Canterbury Road and 2B Wattle Valley Road. DDO20 requires a setback of 3 metres from residential properties for developments of 3 or more storeys. The intent of these controls is the same as the controls in DDO23. The setback from sensitive residential interfaces to commercial properties proposed as part of DDO23 will apply to Canterbury Road and 2B Wattle Valley Road once DDO20 is replaced by DDO16 by Amendment C108, as the setback controls form part of DDO16. As discussed in the previous UPSC report (17 March 2014) and the exhibited explanatory report, the existing interim DDO20 will eventually be replaced by a new DDO16 as part of Amendment C108. However, Amendment C108 has not yet been approved by the Minister and DDO16 does not form part of the planning scheme. Therefore, Amendment C195 recommends changes to the existing map in the interim DDO20. No further changes supported *Submission numbers relate to the order submissions were received. City of Boroondara Amendment C195 Page 19 of 42

20 Summary and response to submissions to Amendment C195 Sub. No.* Support/ object Submission summary Officers response Recommendation Officers do not consider any further changes to DDO20 are justified at this time. The concerns raised by the submitter are addressed through the existing built form guidelines and requirements of the interim DDO20. Any additional changes to DDO20 at this time would require re-notification of the amendment to ensure that all properties affected by DDO20 have the opportunity to comment on these changes. 10 Object The submitter does not object to the amendment but requests that DDO20 be altered to read that any variation to the setback requirements along Canterbury Road (where a PAO applies) will be considered when it can be demonstrated that the road requirements are surplus to the acquiring authority not the responsible authority. VicRoads concerns will be addressed once DDO20 is replaced by DDO16 through Amendment C108. No further changes supported. Other *Submission numbers relate to the order submissions were received. City of Boroondara Amendment C195 Page 20 of 42

21 Summary and response to submissions to Amendment C195 Sub. No.* Support/ object Submission summary Officers response Recommendation The submitter supports the amendment but request that: 2 Bryson Street be shown as a 'contributory' building in the Heritage Overlay. Officers have reviewed the Camberwell Urban Conservation study which is the basis for HO145. This review found that a mapping error lead to 2 Bryson Street being identified as a non-contributory property in HO145. Council s Heritage Adviser also reviewed this property and agreed that it is a contributory property and forms part of the group of shops located 94 to 104 Maling Road. Following consultation with the affected property owner; update the Boroondara Schedule of Gradings Map, Map 1 of DDO23 and MRBFG to show 2 Bryson Street as a contributory property. 7 Support/ object Facade protection in DDO23 should be mandatory not discretionary. Council cannot mandate the retention of building facades through a Design and Development Overlay. The DDO head provisions do not allow Council to include a permit trigger for demolition. Council can merely provide guidance on aspects for which a planning permit is required under the DDO (i.e. new development or buildings and works). No further changes supported The protection of building facades is controlled through the Heritage Overlay and guided by policy direction contained in Council s heritage policy. The Heritage Policy clearly favours the retention of significant and contributory building facades. All properties affected by Amendment *Submission numbers relate to the order submissions were received. City of Boroondara Amendment C195 Page 21 of 42

22 Summary and response to submissions to Amendment C195 Sub. No.* Support/ object Submission summary Officers response Recommendation C199 are affected by the Heritage Overlay and subject to these strict heritage provisions. Ultimately, each heritage property is assessed on its merits in terms of whether demolition of facades or overall building is appropriate and supportable. The setback for 85 Maling Road from 83 Maling Road should be more than 3 metres. Both sites are located within a residential zone and are subject to the setback requirements of Clause 54 and 55 of the planning scheme. These controls allow for lesser setbacks then the controls proposed by DDO23, including a boundary wall to be built along the boundary at ground level and for the second floor to be set back 2 metres. The controls proposed by DDO23 require a setback of 3 metres up to a height of 8 metres. The setbacks are already more onerous than standard ResCode requirements and are considered reasonable to achieve a staggered transition of built form from the single storey house at 83 Maling Road to the a future building on 85 Maling Road. No further changes supported *Submission numbers relate to the order submissions were received. City of Boroondara Amendment C195 Page 22 of 42

23 Summary and response to submissions to Amendment C195 Sub. No.* Support/ object Submission summary Officers response Recommendation More discussion on this issue is provided in the UPCS report for Amendment C195. This submission raises concerns with the development potential for and 85 Maling Road and their potential impacts on Maling Road and the centre s village atmosphere and heritage streetscape. The submitter requests larger setbacks from residential properties and that landscaping be encouraged to limit the bulk of the Bradshaw site and Maling Road/Scott Street car park. Refer to comments above regarding the building heights for the Bradshaw site. Officers agree that landscaping can help lessen a building s visual bulk by providing screening and softening when viewed from adjoining residential properties. Update DDO23 and MRBFG to encourage landscaping within the 3 metre sensitive residential interface setback. 9 Object The submitter requests that no access be allowed from for Maling Road to Scott Street and that adequate parking be provided in the centre. Parking consideration and traffic issues are directly related to the use and development of a site. Until a development is proposed the potential parking and traffic implications are unknown. Given this, officers cannot predict possible traffic and parking issues at this stage. The most appropriate time for consideration of these issues is at the planning permit assessment stage for any proposed development. No further changes supported. Further, parking requirements are dealt with through the Parking Overlay and *Submission numbers relate to the order submissions were received. City of Boroondara Amendment C195 Page 23 of 42

24 Summary and response to submissions to Amendment C195 Sub. No.* Support/ object Submission summary Officers response Recommendation Clause of the Boroondara Planning Scheme, and not through the proposed DDO that forms part of this amendment. Table 2 - Submissions to be referred to a Panel Submission Submissions to be referred to a Panel no. 1 No 2 No 3 No 4 No 5 No 6 Yes 7 Yes, submission partly resolved 8 Yes 9 Yes 10 Yes 11 Yes *Submission numbers relate to the order submissions were received. City of Boroondara Amendment C195 Page 24 of 42

25 Urban Planning Special Committee Agenda 20/10/14 BOROONDARA PLANNING SCHEME DD/MM/2014 Proposed C195 SCHEDULE 23 TO THE DESIGN AND DEVELOPMENT OVERLAY Updated Post Exhibition Shown on the planning scheme map as DDO23. Maling Road Built Form Design Guidelines 1.0 Design objectives DD/MM/2014 Proposed C195 To preserve and maintain the historic streetscape of Maling Road. To maintain long range vistas of Malone Hotel Tower (208 Canterbury Road).landmark buildings in the centre. To maintain the varied building heights and low rise scale of Maling Road. To ensure new buildings and additions in the centre respect and enrich the historic streetscape of Maling Road. To respect the character and amenity of surrounding residential areas. To improve the safety and amenity of public spaces including pedestrian walkways, Theatre Place and public car parks. 2.0 Permit requirements Mandatory requirements DD/MM/2014 Proposed C195 A permit cannot be granted for development that exceeds the mandatory requirements specified in this Schedule. The overall vertical height is measured from the natural ground level to the roof or parapet at any point, whichever is the greater. 3.0 Buildings and works DD/MM/2014 Proposed C195 Mandatory controls Buildings must not exceed the mandatory building heights detailed in Map 1 of this schedule other than: To accommodate roof top services that are hidden from view from any adjoining public space or designed as architectural roof top features. Roof top services includes but is not limited to plant rooms, air conditioning, lift overruns, roof top gardens, decks and communal outdoor spaces and their ancillary facilities. Where the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum overall building height may be exceeded by one (1) metre. Where an existing building on the subject land already exceeds the mandatory maximum height allowed under this Schedule. In this event, a permit can be granted to construct a building or carry out works to the same height as the existing building. Note: building height excludes roof top plant equipment or similar services. Discretionary controls Setbacks and street wall heights DESIGN AND DEVELOPMENT OVERLAY -SCHEDULE 23 PAGE 1 OF 4 City of Boroondara Amendment C195 Page 25 of 42