Banyule City Council 23 March 2015 Agenda Part 2

ATTACHMENTS

ORDINARY MEETING OF COUNCIL ON 23 MARCH 2015 Page 133

2.2 "Victoria Cross" Estate, Macleod - Improving Recognition of the Victoria Cross Recipients Street Names

Attachment 1 Attachment 1 - list of street names ................................................ 135

Attachment 2 Attachement 2 - street sign blade draft example ............................ 137

3.1 Urban Forest Plan

Attachment 1 Banyule Urban Forest Plan ............................................................ 138

4.4 Bell Street Mall - A Safer Mall

Attachment 1 A Safer Mall - Final detailed design plans ...................................... 175

4.6 Conversion of an existing dwelling into two attached dwellings at 16 Odenwald Road, Eaglemont

Attachment 1 Plans ............................................................................................. 183

Attachment 2 Additional Background ................................................................... 187

Attachment 3 Clause 55 Assessment ................................................................. 191

Attachment 4 Neighbourhood Character Assessment ......................................... 196

Attachment 5 Recommendation to support .......................................................... 201

5.1 Multicultural Advisory Committee Meeting Minutes - 5/2/2015

Attachment 1 Multicultural Advisory Committee Meeting - Minutes - 5/2/2015 ........................................................................................ 207

5.2 LGBTI Advisory Committee Meeting - Minutes - 10/2/2015

Attachment 1 Minutes - LGBTI Advisory Committee Meeting - 10/2/15 ............... 211

5.3 Minutes - Disability and Inclusion Advisory Committee Meeting - 28/1/15 & 18/2/2015

Attachment 1 Banyule Disability and Inclusion Advisory Committee (BDIAC) minutes 28 01 2015 ......................................................... 215

Attachment 2 Banyule Disability and Inclusion Advisory Committee (BDIAC) minutes 18 02 2015 ......................................................... 220

6.1 VAGO Report - Effectiveness of Support for Local Government Report

Attachment 1 Municipal Association of Victoria's reply to VAGO Report .............. 227

6.3 Protected Disclosures - Banyule awarded Gold Star by Independant Broad Based Anti Corruption Commission (IBAC)

Attachment 1 Banyule Protected Disclosure Procedures ..................................... 237

6.7 Adoption of Proposed General Local Law No. 1 (2015)

Attachment 1 Proposed Local Law No. 1 (2015) ................................................. 281

Attachment 2 Proposed Footpath Trading Policy ................................................. 326

Attachment 3 Proposed Local Law Community Impact Statement, including Appendices 1-4 ............................................................................. 348

6.9 Councillor Motions - Status Update

Attachment 1 Councillor Motions - Update Report ............................................... 439

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Item: 2.2 Attachment 1: Attachment 1 - list of street names


Commemorative Street Blade design and content 750 mm x 200 mm OR 900mm x 200mm

Design to include Banyule logo and ANZAC Centenary logo (stacked)

Street Name Award Number of blades required for installation

Jacka Street Captain Albert Jacka 14th Australian Infantry Battalion Awarded the Victoria Cross for bravery at Courtney’s Post, Gallipoli peninsula on 19 - 20 May 1915, Military Cross (MC) at Pozieres on 7 August 1916 and a bar to his MC at Bullencourt on 8 April 1917

4

Dunstan Street Lieutenant William Dunstan 7th Battalion Awarded the Victoria Cross for bravery at Lone Pine, Gallipoli on 9 August 1915

3

Dwyer Street Sargent John James Dwyer 4th Australian Machine Gun Company Awarded the Victoria Cross for bravery at Polygon Wood, Zonnebeke, Belgium on 26 September 1917

3

McNamara Street Air Vice Marshal Francis Hubert (Frank) McNamara No. 1 Squadron Australian Flying Corps Awarded the Victoria Cross for bravery at Tel el Hesi near Gaza on 20 March 1917

5

Cherry Street Captain Percy Herbert Cherry 26th Battalion Posthumously awarded the Victoria Cross and Military Cross for bravery at Lagnicourt, France on 26 March 1917

3

Grieve Street Lieutenant Robert Cuthbert Grieve 37th Australian Infantry Battalion Awarded the Victoria Cross for bravery at Messines, Belgium on 7 June 1917

2

Ruthven Street Second Lieutenant William (Rusty) Ruthven 22nd Australian Infantry Battalion Awarded the Victoria Cross for bravery at Ville-sur-Ancre, France on 19 May 1918

6

Joynt Street Lieutenant Colonel William Donovan Joynt 8th Australian Infantry Battalion Awarded the Victoria Cross for bravery at Herleville Wood near Peronne, France on 23 August 1918

4

Kenna Street Private Edward (Ted) Kenna 2/4th Australian Infantry Battalion Awarded the Victoria Cross for bravery near Wewak, New Guinea on 15th May 1945

2

Kingsbury Drive

Private Bruce Steel Kingsbury 2/14th Australian Infantry Battalion Posthumously awarded the Victoria Cross for bravery on 29th August, 1942 at Isurava, Papua

1

TOTAL 33

http://en.wikipedia.org/wiki/14th_Battalion_(Australia)

http://en.wikipedia.org/wiki/Australian_7th_Battalion

http://en.wikipedia.org/wiki/No._1_Squadron_RAAF


http://en.wikipedia.org/wiki/22nd_Battalion_(Australia)

http://en.wikipedia.org/wiki/William_Joynt

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Item: 2.2 Attachment 2: Attachement 2 - street sign blade draft example


DRAFT COMMEMORATIVE STREET BLADE SIGN – VC ESTATE MACLEOD 750mm x 200mm OR 900mmx200mm

Sign to be designed to accommodate 9 x names. ALL ARE STREETS: Jacka (VC and MC), Single award for the following names: Dunstan, Dwyer, Kenna,

McNamara, Cherry, Grieve, Ruthven, Joynt

JACKA STREET

Captain Albert Jacka 14th Australian Infantry Battalion Awarded the Victoria Cross for bravery at Courtney’s Post, Gallipoli Peninsula 19 - 20 May 1915, and Military Cross (MC) at Pozieres 7 August 1916 and a bar to his MC at Bullencourt 8 April 1917


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Item: 3.1 Attachment 1: Banyule Urban Forest Plan


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Item: 4.4 Attachment 1: A Safer Mall - Final detailed design plans


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Item: 4.6 Attachment 1: Plans


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Item: 4.6 Attachment 2: Additional Background


P534/2014: ADDITIONAL BACKGROUND INFORMATION

RESTRICTIVE COVENANT

Restrictive Covenant 0611452 is registered on title. This relates to:

The cost of any new building (must not cost less than £500).

Use of the land, in that “brickmaking quarrying fellmongery butchering or other noisome offensive dangerous pursuit operation or manufacture” is to be permitted.

The proposal does not contravene either requirement. There are no Section 173 agreements registered on title.

PLANNING CONTROLS

The following planning provisions and policy are relevant to the assessment of application.

GENERAL RESIDENTIAL SCHEDULE 2 ZONE

Planning approval is required for the construction of more than one dwelling on a lot within this zone. Under Clause 32.08-4, as the development is less than five storeys high, the development is required to be assessed under Clause 55 of the Scheme.

VEGETATION PROTECTION OVERLAY SCHEDULE 3 OVERLAY

Planning approval is required to remove destroy or lop any vegetation pursuant to Clause 42.02. This does not apply to any vegetation which is less than 5 m in height or has a trunk circumference of less than 0.5 metres at 1m above the ground.

POLICIES CONSIDERED

STATE PLANNING POLICY FRAMEWORK

The following policy is relevant to the assessment of the proposal and is outlined below and expanded on where considered appropriate: Urban Design

Clause 15.01-2 seeks to achieve high quality urban design and architecture. In assessing the design and built form of residential development of four or more storeys development must be considered under the Design Guidelines for Higher Density Residential Development (Department of Sustainability and Environment, 2004). Cultural Identity and Neighbourhood Character

Clause 15.01-5 seeks to recognise and protect cultural identity, neighbourhood character and sense of place. Sustainable Development

Clause 15.02-1 seeks to encourage energy and resource efficiency. Residential Development

Clause 16.01 sets out objectives in relation to integrated housing, location of residential development, strategic redevelopment sites, housing diversity and housing affordability. Relevant objectives include:

To promote a housing market that meets community needs.

To locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport.

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To identify strategic redevelopment sites for large residential development in Metropolitan Melbourne.

To provide for a range of housing types to meet increasingly diverse needs.

To deliver more affordable housing closer to jobs, transport and services.

LOCAL PLANNING POLICY FRAMEWORK

Municipal Strategic Statement

Council’s Municipal Strategic Statement sets the direction for land use and development in Banyule by identifying key planning elements for consideration and nominating a series of objectives and strategies for each. The overarching vision of the Municipality is:

Banyule will be regarded as a city offering a range of quality lifestyles in an urban setting enhanced by the natural environment, and served by an efficient and committed Council.

The relevant objective encompasses Environmental Management. Housing Clause 21.04-1 seeks to encourage higher density housing close to activity centres and the Principal Public Transport Network and protect residential amenity and provide for the desired future neighbourhood character of residential areas. Built environment The objective in relation to Clause 21.06 is:

To ensure that development respects and contributes to the desired future character of residential neighbourhoods and the identity of Activity Centres, in a manner that supports varying degrees of housing change.

Strategies include but are not limited to:

Promoting high quality design in all new residential development that makes a positive contribution to the desired future neighbourhood character.

Encourage the retention and planting of significant trees, substantial trees and other vegetation to protect and improve the landscape character, streetscapes, habitat links and biodiversity of the area.

Support residential development in accordance with the Residential Areas Framework which identifies varying degrees of housing change across the City’s residential neighbourhoods and Activity Centres.

In relation to sustainable design, strategies include:

Support the retention of significant trees and the planting of trees and other vegetation.

In relation to housing, strategies include:

Encourage a substantial proportion of new housing to be located within or close to Activity Centres and the Principal Public Transport Network particularly where there is high frequency and quality of public transport services in operation.

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Encourage a range of types and sizes of housing, particularly in areas located close to public transport, services and facilities.

Encourage development to provide a wider range of household types particularly smaller sized dwellings, including those with only one bedroom.

Clause 21.06-2 - Residential Areas Framework identifies that the site is located within an Incremental Area in the indicative map forming part of Clause 21.06 of the Housing Framework Map. Incremental Areas are typically ‘located further away from Activity Centres and the Principal Public Transport Network, where there is less convenient pedestrian access. ‘

Incremental Areas are identified to ‘… provide for well designed single dwellings and medium density dwellings.’ In addition, ‘Development must make a positive contribution to the desired future neighbourhood character, including opportunities for tree protection and planting.’

As an exception, there will be limited opportunities for higher density housing at well located, large strategic redevelopment sites only.

Sites must also be large enough to make a significant contribution to the provision of a diversity of housing types in the area and space for the following:

Buildings and open spaces that provide a transition between abutting dwellings and any taller on-site building component.

Landscaping, including the planting of substantial trees, at streetscapes, boundaries and between buildings.

Development must make a positive contribution to the desired future neighbourhood character, including opportunities for tree protection and planting.

Clause 22.02 Residential Neighbourhood Character Policy

Clause 22.02 of the Banyule Planning Scheme outlines Council’s Neighbourhood Character Policy. Policy objectives are:

To ensure that development complements and respects the desired future character of the area.

To retain and enhance the identified elements that contribute to the desired future character of the area.

To recognise the need for new or additional Design Objectives and Design Responses for areas within and around activity centres that are or will be subject to structure planning or design frameworks.

Discussion on the relevance of Council’s stated desired future character for the Garden Suburban 3 precinct is included in the main planning report. Particular Provisions Clause 52.06 – Car Parking requires 2 car spaces to be provided for each dwelling with three or more bedrooms. REFERRAL COMMENTS

DEVELOPMENT ENGINEERING

Issue Comments

Flooding Flooding Unlikely

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Point of Discharge

To the existing internal drainage system which, already should be connect to the existing Council pit in the ROW.

Clause 52.06: No. of spaces

The number of parking spaces provided is satisfactory.

Clause 52.06: Design

Design standard 1 – Accessways It is unclear from the plans if driveway for dwelling 2 is to be sealed. All driveways must be formed and sealed with an all weather seal coat. Design standard 2 – Car parking spaces The parking space dimensions is satisfactory. Design standard 3: Gradients The gradients are satisfactory. Design standard 4: Mechanical parking n/a Design standard 5: Urban design n/a Design standard 6: Safety n/a Design standard 7: Landscaping n/a

Vehicle Crossings

Existing vehicle crossings to be utilised

Easements According to Council records there is a 1.83m along the North west boundary of the site.

Standard Permit Conditions

6.1, 6.3, 8.2 Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided.

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Item: 4.6 Attachment 3: Clause 55 Assessment


ASSESSMENT AGAINST CLAUSE 55 APPLICATION NO: P534/2014 DEVELOPMENT ADDRESS: 16 Odenwald Road EAGLEMONT PROPOSAL: Retrospective approval of buildings and works

associated with 2 dwellings on a lot

Clause 55.02 (Neighbourhood Character and Infrastructure)

Neighbourhood Character objectives To ensure that the design respects the existing

neighbourhood character or contributes to a preferred neighbourhood character.

To ensure that development responds to the features of the site and the surrounding area

Standard B1

Does not comply

The building has been constructed and already forms part of the existing neighbourhood character. Building bulk and site coverage are not consistent with the preferred neighbourhood character.

The built form includes a tiled hipped roof pitched at an angle that is replicated in the nearby area.

The built form in the area is varied and lacks homogeneity with examples of Bungalow, Interwar, post war and Edwardian houses plus replica Georgian, Queen Ann and Bungalow styles. Recent modern dwellings with dual occupancies also contribute to the character of the area.

The removal of one driveway from the front setback of Dwelling 2 increases the area of open space in front of the site available for landscaping. The extent of landscaping within the front setback will be still less than preferred due to the restricted front setback of the building. Any additional landscaping within the front garden will however provide additional opportunity to soften the presentation of the development to the street. This additional landscaping will make the development more sympathetic to the neighbourhood character but will not completely resolve the visual impact of the existing built form in the streetscape.

A reduction to one crossover conforms to the rhythm of crossovers in the area and maintains on-street parking opportunities.

Residential policy objectives To ensure that residential development is provided in

accordance with any policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

To support medium densities in areas where development can take advantage of public transport and community infrastructure and services.

Standard B2

Complies

Eaglemont and Heidelberg railway stations are within walking distance and bus routes 546, 548, 551 and 903 are conveniently available.

Dwelling diversity objective To encourage a range of dwelling sizes and types in

developments of ten or more dwellings. Standard B3

N/A

Infrastructure objectives To ensure development is provided with appropriate

utility services and infrastructure.

To ensure development does not unreasonably overload the capacity of utility services and infrastructure.

Standard B4

Complies

Integration with the street objective To integrate the layout of development with the street.

Standard B5

Complies

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Clause 55.03 (Site Layout and Building Massing)

Street setback objective To ensure that the setbacks of buildings from a

street respect the existing or preferred neighbourhood character and make efficient use of the site.

Standard B6

Does not comply

The dwellings either side of the subject site are setback some 9.5 to 10 metres from the street alignment. A front setback of a minimum of 9 metres is required under the Standard. Dwellings opposite are set 5.4 – 6.2m from the street, with verandah elements protruding to within 4.1m of the street, contributing to a more varied front setback in the area generally. Whilst setbacks are varied in nature, the vegetation within those setbacks is a significant contributor to the character of the area as a whole.

This building is currently set back 6 to 6.5 metres from the street alignment and is therefore 2.5 to 3 metres short of the setback required by the Standard.

The existing reduced setback, whilst not being the preferred neighbourhood character outcome for the site, is considered to be acceptable subject to the removal of the front driveway from Dwelling 2 and provision of additional tree planting and landscape opportunities, which will bring the development closer to the preferred neighbourhood character of the area.

Building height objective To ensure that the height of buildings respects the

existing or preferred neighbourhood character. Standard B7

Complies

Site coverage objective To ensure that the site coverage respects the

existing or preferred neighbourhood character and responds to the features of the site.

Standard B8

Complies

Total site coverage is 58% and no more than 60% required.

Permeability objectives To reduce the impact of increased stormwater run-

off on the drainage system.

To facilitate on-site stormwater infiltration. Standard B9

Condition required

Total site permeability is approximately 15% and no less than 20% is required under the standard.

Whilst site permeability has been increased within the front setback, permeability has been reduced at the rear of proposed Dwelling 2 as a result of the hard surfacing used in the car park and driveway construction.

By requiring the uncovered car parking space to be made permeable, the site permeability can be increased to approximately 17%. Further changes may be made to hard paving throughout the development to achieve a minimum of 20% permeability and this can be required as a condition of permit.

Energy efficiency objectives To achieve and protect energy efficient dwellings

and residential buildings.

To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

Standard B10

Complies

Open space objective To integrate the layout of development with any

public and communal open space provided in or adjacent to the development.

Standard B11

N/A

Safety objective To ensure the layout of development provides for

the safety and security of residents and property. Standard B12

Complies

Landscaping objectives Does not comply

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To encourage development that respects the landscape character of the neighbourhood.

To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.

To provide appropriate landscaping.

To encourage the retention of mature vegetation on the site.

Standard B13

Previous iterations of the proposal contained insufficient areas of private open space to allow for landscaping within the street setback. This was fatal in both Council’s and VCAT’s assessment of the proposal.

The current proposal has improved the amount of front garden area that can accommodate landscaping to soften the presentation of the building to Odenwald Road. Landscaping now provides for a new canopy tree in the frontage of Dwelling 1 and two trees in the frontage of Dwelling 2 as well as a new tree at the rear of this dwelling. This planting will complement existing screen tree planting provided along the eastern side and northern rear site boundary of proposed Dwelling 1. The revised approach to car parking does, however, compromise planting opportunities within the back yard and this is at odds with the existing and preferred neighbourhood character.

Planting details will be required in a landscape plan to reflect the indicative planting layout shown in the architectural drawing.

Access objectives To ensure vehicle access to and from a

development is safe, manageable and convenient.

To ensure the number and design of vehicle crossovers respects the neighbourhood character.

Standard B14

Complies

The previous plans submitted with the application proposed a second crossover to Odenwald Road which was not supported by Council or VCAT.

That feature has now been removed and vehicle access to Dwelling 2 has been provided via the lane at the rear of the land.

Parking location objectives To provide convenient parking for resident and

visitor vehicles.

To avoid parking and traffic difficulties in the development and the neighbourhood.

To protect residents from vehicular noise within developments.

Standard B15

Complies

Clause 55.04 (Amenity Impacts)

Side and rear setbacks objective To ensure that the height and setback of a building

from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B17

Complies

Walls on boundaries objective To ensure that the location, length and height of a wall

on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

Standard B18

Complies

Daylight to existing windows objective To allow adequate daylight into existing habitable

room windows. Standard B19

Complies

North-facing windows objective To allow adequate solar access to existing north-

facing habitable room windows. Standard B20

Complies with objective

A north facing habitable room window is located at 14 Odenwald Road which abuts the eastern site boundary. This window is located within 3 metres of the site boundary. As a result, the southern elevation of proposed Dwelling 1 is required to be located 2.9 metres in from the application site boundary 3 metres either side of this window. A minor encroachment into this area of up to approximately 1 metre exists.

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As the building has already been erected under a Building Permit, the proposal does not alter anything in respect to this aspect of the building or its future use. The adjoining neighbour has been notified of the application and not raised any objection. The proposal may therefore be considered to comply with the objective of standard.

Overshadowing open space objective To ensure buildings do not significantly overshadow

existing secluded private open space. Standard B21

Complies

Overlooking objective To limit views into existing secluded private open

space and habitable room windows. Standard B22

Complies

Screening is provided on the western side of the first floor balcony of Dwelling 2. The ground floor balcony is suitably screened by vegetation to minimise overlooking of neighbouring dwellings beyond the site and no additional screening is required.

Internal views objective To limit views into the secluded private open space

and habitable room windows of dwellings and residential buildings within a development.

Standard B23

Condition

Screening to the eastern side of the ground and first floor level terraces of Dwelling 2 will be required so as not overlook the secluded private open space of Dwelling 1.

Noise impacts objectives To contain noise sources in developments that may

affect existing dwellings.

To protect residents from external noise. Standard B24

Complies

Clause 55.05 (On-site Amenity and Facilities)

Accessibility objective To encourage the consideration of the needs of

people with limited mobility in the design of developments.

Standard B25

Complies

There are three steps to the front door of Dwelling 2 with a reasonably level access from the street. This dwelling has a ground floor bathroom, kitchen, living areas and terrace which would allow a rumpus room to be converted to a bedroom to facilitate living on one level of the building.

Dwelling entry objective To provide each dwelling or residential building with

its own sense of identity. Standard B26

Complies

Daylight to new windows objective To allow adequate daylight into new habitable room

windows. Standard B27

Complies

Private open space objective To provide adequate private open space for the

reasonable recreation and service needs of residents. Standard B28

Complies

Each of the dwellings will be provided with open space.

Dwelling 1:

Two alfresco areas are provided at both ground and first floor level with an area of 12 sqm and a minimum dimension of 1.6 metres. There is ground level private open space provided on the ground level to the north of the dwelling which is approximately 15 sqm in area.

Dwelling 2:

From the living area the open space that is accessible is an elevated alfresco area which is 40 sqm. There is space provided on the ground level to the west of the dwelling which is approximately 27 sqm in area.

These open space areas meet the requirements of the Standard with respect to private open space, but are smaller than would ordinarily be considered

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appropriate for dwellings of this size in an area identified as significant for its landscape character. The spaces include limited scope for the planting of canopy trees and other vegetation to complement the character of the surrounding area.

Solar access to open space objective To allow solar access into the secluded private open

space of new dwellings and residential buildings. Standard B29

Complies

Storage objective To provide adequate storage facilities for each

dwelling. Standard B30

Complies

Clause 55.06 (Detailed Design)

Design detail objective To encourage design detail that respects the existing

or preferred neighbourhood character. Standard B31

Complies with objective

Whilst the building is already existing and form part of the existing neighbourhood character, the design does not meet all of the preferred neighbourhood character outcomes envisaged under Council’s Neighbourhood Character policy eg. reduced scale of upper levels of buildings. The proposed frontage setback landscape improvements and façade treatment are nevertheless considered to be an improved design outcome for the site.

Front fences objective To encourage front fence design that respects the

existing or preferred neighbourhood character. Standard B32

Condition required

Whilst a replacement fence and pedestrian gate is proposed to take the place of the existing driveway gate for Dwelling 2, it is considered that a more solid section of fence of a plinth and pier design to match the existing wall should be constructed across the existing opening with a pedestrian gate inserted into this. It is also considered that a Section 173 Legal Agreement be required as a condition of permit requiring that no vehicle access/egress to Dwelling 2 shall be obtained to or from Odenwald Road and that the rumpus room within the dwelling as shown on the plans endorsed under this planning permit shall at no time be used for the storage of motor vehicles or boats.

Common property objectives To ensure that communal open space, car parking,

access areas and site facilities are practical, attractive and easily maintained.

To avoid future management difficulties in areas of common ownership.

Standard B33

N/A

Site services objectives To ensure that site services can be installed and

easily maintained.

To ensure that site facilities are accessible, adequate and attractive.

Standard B34

Complies

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Item: 4.6 Attachment 4: Neighbourhood Character Assessment


CLAUSE 22.02:

RESIDENTIAL NEIGHBOURHOOD CHARACTER POLICY ASSESSMENT – Garden Suburban 3

APPLICATION NO: P534/2014

DEVELOPMENT ADDRESS: 16 Odenwald Road EAGLEMONT

PROPOSAL: Retrospective Approval of Buildings and Works

Associated with Two Dwellings on a Lot

The Ivanhoe Major Activity Centre is in this precinct. The preferred future character of this Activity Centre will be guided by the outcomes of a structure plan.

Parts of the Heidelberg Specialised and Major Activity Centres are in this precinct. The detailed

landscaping and vegetation outcomes for residential sites in these Activity Centres are guided by this

policy. The preferred future built form character of residential sites in these Activity Centres is guided by

the Design and Development Overlay Schedule 5.

Outside Accessible Areas

These areas will protect and enhance the garden suburban character of the precinct with an emphasis

on protecting trees and creating new opportunities for vegetation throughout sites. They will provide for

a mix of well-designed single dwellings medium density dwellings in garden settings, with space around

and between dwellings to create an attractive, treed landscape setting.

The site is located within an Incremental Change Area as identified at Clause 21.06-2 – Residential

Areas Framework.

Objective Complies?

To encourage the retention of buildings that contribute to the character of the precinct. N/A

1. Retain intact and good condition Victorian, Edwardian and Interwar dwellings that contribute to the valued character of the Precinct, as part of new developments.

N/A

2. Alterations and extensions should retain the front façade of dwellings and be respectful to the building

N/A

Discussion

The opportunity to retain the dwelling that was previously located on the land was lost some time ago. The dwelling that has been erected on the land incorporates elements that are complimentary to the architecture of dwellings in the surrounding area, such as a pitched tiled roof.

Objective Complies?

To ensure new buildings and extensions are sympathetic to the current building form and architectural style

Yes

Design Response

3. Materials should match the predominant wall and roof materials in the street. In predominantly weatherboard areas south of Banksia Street, buildings should be weatherboard or rendered brick.

Yes

4. Match wall and roof materials in extensions. N/A

5. Second storey additions should reflect the architectural style and form of the existing building.

N/A

6. Incorporate the main themes, in correct proportions and scale, from the Edwardian, Interwar or Post war or 1960s era as appropriate to the street.

Yes

7. Variation should be provided between each dwelling of a development that faces the street. This can be achieved through varied roof pitches, window and door placement, materials, façade articulation and other design detailing.

Yes

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Discussion

No new building or extension is proposed to the existing structure although works to alter the façade of the existing building, remove the existing front driveway from Dwelling 2 and infill the garage door opening with masonry and windows form part of the proposal. The rendered external façade and fenestration to the garage door opening is consistent with the appearance of the existing building other dwellings in the area. The opportunity for landscaping within the frontage of the development is a desirable feature and the removal of the driveway to Dwelling 2 will facilitate this. The development uses the slope of the land and the staggered floor levels contribute to breaking up the appearance of the building façade. The deletion of the garage and driveway and increased planting within the front garden will provide some improvement to the appearance of the existing building.

Objective Complies?

To maintain consistency of current front setbacks whilst enable tree planting in front gardens

No

Design Response

8. Dwellings should be setback in line with the predominant front setback of dwellings along the street.

Variation to design

response

9. In accessible areas only, a reduced front setback for new buildings (including basements) may be acceptable, if this respects the predominant front setback of nearby dwellings and supports the planting and future growth of a large tree to maturity.

N/A

10. For corner sites, the front setback of a dwelling facing the side street should be at a transition between the predominant setback along the side street, and the side setback of the dwelling facing the front street.

N/A

Discussion

The dwellings are setback 6 to 6.5 metres back from the site frontage. Whilst a greater setback would reduce the visual prominence of the building within the street, the reduced width of the driveway to Dwelling 1 and the removal of the front driveway to Dwelling 2 would increase the opportunity for meaningful tree planting and landscaping to now occur within the front setback. The removal of the double garage door to Dwelling 2 and its replacement with casement windows and the provision with front fencing to integrate with the design and appearance of the existing front fence will also facilitate the improved visual presentation of the development to the street.

Objective Complies?

To ensure buildings and extensions do not dominate the streetscape or the building, and do not adversely affect the outlook and amenity of neighbouring dwellings

Yes

Design Response

11. Second storey portions of buildings should be recessed from ground level wall surfaces, (including the front façade) incorporated within roof spaces where possible and minimised in height.

Variation to design

response

12. In accessible areas, upper levels should be positioned towards the street frontage and recessed from the lower level wall surfaces.

N/A

13. Buildings at the rear of a site should be designed to follow the topography of the land and respond sensitively to each interface. Second storeys (where appropriate) should be modest in size, have generous side and rear setbacks and be screened with vegetation.

Yes

14. Developments should minimise the need for cut and fill throughout the site. Yes

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Discussion

The predominant issue here is that the building exists and was constructed as a single dwelling without the need to obtain planning permission. The conversion of the dwelling into two dwellings presents an opportunity for the existing stark streetscape presentation to be improved. If the dwelling were to continue to be used as a single dwelling, there would be no opportunity for Council to achieve the improved streetscape outcome that is now sought. The built form of the development steps down the slope of the land to the rear both across the site and from front to rear, which is appropriate. However, the dwellings contains some sheer wall elements that are regrettable and increased setbacks of the upper storeys over the lower storeys would ordinarily be required in this location. In addition, the creation of subfloor elements on dwelling 2 would perhaps have been modified were planning permission required at the outset of the development. However, the building is already lawfully constructed. The proposed conversion of the existing building does alter the fact that the building is already dominant in the streetscape and forms part of the existing character of the area.

Objective Complies

?

To ensure that household services are not a visually prominent feature. Yes

Design Response

15. Solar panels should be located to minimise their visual impact. Air conditioning, rainwater tanks, bins and storage should be located and/or screened so they are not visually obtrusive in the streetscape.

Yes

16. In accessible areas, rooftop plant equipment should be screened and/or located to minimise their visual impact and integrate with the roof form.

Yes

Discussion

Mechanical plant and equipment is generally not visible from beyond the site.

Objective Complies

?

To minimise loss of front garden space, and the dominance of vehicle access, storage facilities and built form as viewed from the street

Yes

Design Response

17. Locate carports and garages behind the line of the dwelling. Yes

18. Dedicated car parking spaces should not be provided between the front wall of a dwelling that faces the street, and the front property boundary. Landscaping such as large shrubs and trees in the front setback and garden beds along driveway edges should be provided to discourage car parking in this location

Yes

19. Encourage outcomes that consider the Banyule City Council Residential Vehicle Crossing Policy 2012.

Yes

20. Driveways should include curves and bends that provide sufficient room for landscaping at varying heights.

Yes

21. Driveways should be finished in muted tones that soften their appearance and blend with vegetation.

Yes

Discussion

The garage and car parking for Dwelling 2 has been relocated to the rear of the site. The double garage for Dwelling 1 is located below street level under the main living area of the dwelling. The visual impact of the garage to Dwelling 1 is minimal. The reduction of the width of the driveway to Dwelling 1 and the modifications to the car parking layout and driveway for Dwelling 2 will significantly reduce the visual dominance of car parking facilities to the street, increase the extent of front garden area and improve the streetscape presentation of the building. Increased landscaping opportunities, including three canopy trees, will further assist in softening the scale and setting of the building.

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Objective Complies?

To maintain and strengthen the view of established front gardens, and tree lined streets and to reflect the predominant era of the dwellings.

Yes

Design Response

22. Front gardens should contain at least one (1) large tree and understorey landscaping that includes large shrubs

Variation to design

response

23. Front fences should be permeable. Yes

24. Secluded private open space should be located behind the line of a dwelling that faces the street.

Yes

Discussion

The existing driveway to Dwelling 2 will be removed and replaced with landscaping. This will improve the environment for the Dutch Elm street tree located within the nature strip in front of the site. It would not be appropriate for the front garden area adjacent to this street tree to accommodate a large tree due to the presence of the Elm and a medium sized tree of 10 to 12 metres in height would be more appropriate. Sufficient space is available for the planting of two further medium sized canopy trees within the front setback along with further lower and middle storey planting. A new front fence is proposed to replace the driveway gates for Dwelling 2. Elevational details of this fence should be provided and the design be integrated with the design of the existing pier and horizontal rail front fence. The secluded private open space for both of the proposed dwellings is located to rear of the property.

Objective Complies?

To maintain and strengthen the garden dominated streetscape character and landscaped setting of the precinct

Yes

Design Response

25. Retain existing trees wherever possible. If this cannot be achieved, or a tree is considered appropriate for removal, the site should provide adequate space for offset planting of exotic or native trees as appropriate that will grow to a mature height similar to the mature height of the tree to be removed

Yes

26. One (1) medium to large tree should be provided for every 400sqm of site area, with a preference for large trees. This may include existing trees that are worthy of retention. At least one of the large trees should be provided in the front setback.

Yes

27. Buildings (including basements) should be a sufficient distance from at least one side or rear property boundary to enable the planting and growth of medium to large trees. These setbacks should provide sufficient area for future growth of the mature canopy of trees, and understorey planting.

Yes

28. If more than one dwelling is proposed on a site outside an accessible area, sufficient separation should be provided between each dwelling to allow for the planting and future growth of small to medium trees and understorey vegetation.

Variation to design

response

29. Tree species and planting locations should be carefully selected to avoid canopy or root conflicts with overhead wires, easements and existing trees.

Yes

30. Other than for the core of the Ivanhoe Major Activity Centre, building site coverage should not exceed 40% in order to provide sufficient site area for planting, growth and retention of vegetation. This may be varied if the proposal is in an accessible area and demonstrates that the vegetated character of the site and precinct is protected and enhanced by retaining existing vegetation and providing sufficient area for the planting of additional trees and other vegetation.

Variation to design

response

31. If there is no street tree within the frontage of a dwelling, a new street tree should be proposed.

Yes

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Discussion

The development has already been constructed and no further vegetation is proposed for removal. Further areas of land are to become available for landscaping once the driveway in the frontage of Dwelling 1 is narrowed and the driveway for Dwelling 2 removed and landscaped. Three medium sized canopy trees are proposed for planting with additional shrubs and bushes as part of the landscaping plan for the frontage of the development. A further medium sized tree is to be planted within the rear of Dwelling 2. This planting will complement existing perimeter tree and lower level planting on the site. As the existing development is in-situ, the lack of separation between dwellings cannot be rectified. However, the removal of the garage to Dwelling 2 will assist in presenting the built form of the dwelling to the street as a single dwelling. Whilst site coverage at 58% exceeds the 40% sought under the character policy, this is not able to be achieved without demolition of part of the existing building. However, the additional planting of three canopy trees within the front setback and one canopy tree within the rear garden of Dwelling 2, in addition to the existing perimeter tree and landscape planting along the northern, eastern and western site boundaries, will make some contribution to the well treed objective for the character area. The reduced landscaping area at the rear of Dwelling 2 as a result of the provision of the garage, car parking and driveway facilities is unfortunate but not wholly inconsistent with the emerging character of development along the rear laneway, for example at 49 Mount Street.

Objective Compli

es?

To ensure that developments on or near ridgelines retain existing trees, sit below the tree canopies, minimise excavation, and enable further tree planting to form a continuous canopy, so that the scenic quality is maintained and enhanced

N/A

Design Response

32. New buildings at or near ridgelines should designed and sited so that cut and fill is minimised and the building sits below the height of trees along the ridgeline.

N/A

33. New buildings at or near ridgelines should have muted colours and tones, and non-reflective materials.

N/A

34. Trees and vegetation that contribute to the landscape should be retained. New native or indigenous trees should be planted on or near the ridgeline to form a continuous canopy.

N/A

Discussion

The site is not on or close to a recognised ridge line.

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Item: 4.6 Attachment 5: Recommendation to support


RECOMMENDATION

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant a Planning Permit be issued in respect of Application No. P534/2014 for conversion of an existing two storey dwelling into two attached dwellings at 16 Odenwald Road EAGLEMONT subject to the following conditions: Plans (1) Before the development permitted by this permit starts, amended plans to the

satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans submitted with the application but modified to show:

(a) Site permeability increased to at least 20% in accordance with Standard B9 of Clause 55 of the Banyule Planning Scheme;

(b) Landscaping as required by Condition 2 of this permit;

(c) Engineering plans showing a properly prepared design with computations for the internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas including:

(i) The use of an On-site Stormwater Detention (OSD) system;

(ii) The subject site to be connected to the Council nominated Legal Point of Discharge.

Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided.

(d) The Tree Preservation Fencing in accordance with Condition 8 of this permit;

(e) Landscape and tree zones to be clearly marked with hatching, colour coding or similar and distinguished from useable open space areas;

(f) A plan notation indicating that no building works or facilities are to be provided within the dedicated landscape areas;

(g) The provision of a rainwater storage tank for each of the dwellings including its location, sizing and a notation of the connections and end use;

(h) The location of external clothes lines;

(i) Elevation details of the design and appearance of the proposed replacement fence to be provided in front of Dwelling 2. This must include a pedestrian gate, stone pillar and plinth to match the appearance of the existing fence and realignment of the front footpath to the south of the new pillar;

(2) The development permitted by this permit must not be commenced until a satisfactory detailed landscaping plan is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include:

(a) Details of planting within the boundaries of the site;

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(b) The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout the site;

(c) Planting adjacent to driveways and within landscaping zones to consist of varying heights and species;

(e) Provision of one medium sized tree to be planted within the front garden of Dwelling 1, two medium sized trees to be planted within the front garden of Dwelling 2 and one further medium sized tree to be planted in the rear garden of Dwelling 2 (mature height of at least 10 metres) planted at a semi-advanced state (planted at a semi-advanced state (minimum pot size 16 litre);

(g) An indigenous and/or drought tolerant planting theme;

(h) A schedule of all proposed trees, shrubs and ground cover, which includes the location and size at maturity of all plants, the botanical names of such plants and the location of all areas to be covered by grass, lawn or other surface material as specified;

(i) Location and details of paving, steps, retaining walls, water tanks, clotheslines, fence design details and other landscape works including cut and fill.

(3) The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.

Section 173 Agreement

(4) Unless otherwise agreed in writing by the Responsible Authority, before the development permitted by this permit starts, the owner of the land at 16 Odenwald Road, Eaglemont must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority and such agreement shall require that:

(a) At no time shall Dwelling 2 have vehicle access to Odenwald Road;

(b) The front garden of Dwelling 2 shall be retained for landscaping purposes and shall at no time be used for vehicle access or the parking or storage of vehicles;

(c) The southern wall of the rumpus room of Dwelling 2 shall at all times be of a permanent and solid construction so as not to permit vehicle access to the building from Odenwald Road.

A memorandum of the Agreement is to be entered on title and the cost of the preparation and execution of the Agreement and entry of the memorandum on title is to be paid by the owner.

General (5) Unless otherwise agreed in writing by the Responsible Authority the development

permitted by this permit must not be commenced until the tree protection measures required by Condition 9 are installed to the satisfaction of the Responsible Authority.

(6) Unless otherwise agreed in writing by the Responsible Authority the proposed

development permitted by this permit must not be occupied as two dwellings until the development has been completed to the satisfaction of the Responsible Authority in accordance with the permit and endorsed plans (including, but not limited to drainage works, parking, landscaping, street numbering etc).

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Car Parking / Access (7) 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 plans and must be drained and provided with an all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority.

(8) Areas set aside for the parking and movement of vehicles as shown on the endorsed

plan(s) must be made available for such use and must not be used for any other purpose.

Tree Protection / Landscaping (9) Unless otherwise agreed in writing by the Responsible Authority, prior to the

commencement of buildings and works on the site, a Tree Preservation Zone must be established around the Dutch Elm tree located in front of the site in Odenwald Road. You must contact Council’s Development Planning Arborist on 9457 9878 once the Tree Preservation Fencing is erected so that an inspection of the fencing can be carried out. Once installed and inspected the Tree Preservation Zone must be maintained to the satisfaction of the Responsible Authority, and meet the following requirements:

(a) Extent

The Tree Preservation Zone is to be provided over the grassed nature strip from the edge of the vehicle crossing serving 18 Odenwald Road to the southern edge of the canopy of the tree and must not extend onto the road or the footpath.

(b) Weed control

Any weeds located within the Tree Preservation Zone are to be removed and the area mulched with 100mm of composted coarse grade woodchips

(c) Fencing

(i) Vegetation Preservation fences with a minimum height of 1.2 to 1.5 metres and of chain mesh or like fence with 1.8 metre posts (e.g. treated pine) or like support every 3-4 metres and a top line of high visibility plastic hazard tape must be erected around the perimeter of the zone.

(ii) The posts must be strong enough to sustain knocks from on site excavation equipment.

(iii) The fences must not be removed or relocated without the prior consent of the Responsible Authority.

(d) Signage

Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from the City of Banyule”.

(e)

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Irrigation

The area must be irrigated during the summer months with 1 litre of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a weekly basis.

(f) Access to Tree Preservation Zone

(i) No persons, vehicles or machinery are to enter the Vegetation Protection Zone except with the consent of the Responsible Authority;

(ii) No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and re-fuelling of equipment and vehicles must be carried out away from the root zones;

(iii) No storage of material, equipment or temporary building is to take place within the Vegetation Preservation Zone;

(iv) Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

NOTE:

Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:

Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;

All root excavation be carried out by hand digging or with the use of ‘Air-Excavation’ techniques;

Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s.

Time Limits (10) In accordance with section 68 of the Planning and Environment Act 1987, this permit

will expire if one of the following circumstances applies:

The development is not commenced within two years of the date of this permit;

The development is not completed within four years of the date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing:

(a) Before the permit expires, or

(b) Within six months afterwards, or

(c) Within 12 months afterwards if the development started lawfully before the permit expired.

PERMIT NOTES

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(A) Expiry of Permit

In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy.

(B) Additional approvals required

Building Permit Required

A Building Permit must be obtained prior to the commencement of any works associated with the proposed development.

Building over Easements

No structure (including but not limited to sheds, retaining walls, eaves, water tanks, paving and landings) shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority.

Access to Council Reserve

No permission can be granted either temporary or otherwise by Council and/or its employees with respect to access to the adjacent Council owned land (including the road reserve) for any purposes relating to the proposal (eg. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (ie. Local Law Permit).

Supervision of works undertaken on Council Assets

Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for:

A “Memorandum of Consent for Works” for any works within the road reserve; and/or

A “Drainage Connection Permit” for any works other than within a road reserve. . Asset Inspection Fee

Prior to the commencement of building works on site in accordance with Local Law 1, a non-refundable Asset Inspection Fee is payable to Council for the inspection of existing Council assets. For further information in relation to this process and the relevant fee please contact Council’s Construction Department on 9490 4222.

(C) Ongoing restrictions

Tree Protection Zones

Requests for the consent or approval of tree protection measures pursuant to Condition 9 should be directed to Council’s Arborist – Development Planning on 9457 9878. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:

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Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;

All root excavation be carried out by hand digging or with the use of ‘Air-Excavation’ techniques;

Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s.

(D) Action on/for completion

Completion of Development

Immediately upon completion of the development permitted by this permit, the owner or developer of the subject land must notify Council’s Development Planning Section that the development is complete and complies with all requirements of the permit. The development will then be inspected to ensure compliance. An early inspection process will ensure that the subdivision approvals including the Statement of Compliance can be issued without delay.

Street Numbering

Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan, however it is Council’s intention to number the proposed allotments as follows:

Dwelling 1 16 Odenwald Road, Eaglemont Dwelling 2 16A Odenwald Road, Eaglemont

Residential Noise (spa pump/pool pumps/air-conditioning unit/vacuum unit etc)

The operation of the (spa pump/pool pumps/air-conditioning unit/vacuum unit etc) shall comply with the Environment Protection (Residential Noise) Regulations 1997. Prohibited times of use as specified by the Regulations are Monday to Friday before 7am and after 10pm & Weekends and public holidays before 9am and after 10pm (if audible from a habitable room of a neighbouring property).

The operation of the (spa pump/pool pumps/air-conditioning unit/ vacuum unit etc) must not cause a Nuisance (as defined under the Health Act 1958). A Nuisance may include issues such as noise, odour or any other thing deemed to be a Nuisance under the Act. It is recommended that the (spa pump/pool pumps/air-conditioning unit/ vacuum unit etc) is not located within close proximity to neighbouring properties and where practicable, enclosed.

(E) Previous Planning Approvals

This Planning Permit must be read in conjunction with previous permits that may affect the site.

Documents

Banyule City Council 23 March 2015 Agenda Part 2