Kirkwood Road proposal

8/20/2019 Kirkwood Road proposal

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Planning for Growth - Reports Ordinary Meeting - 02 March 2016

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2.2 66 KIRKWOOD ROAD, EAGLEHAWK - CONSTRUCTION OFSECOND DWELLING ON A LOT (TWO STOREY) AND REMOVAL OFVEGETATION

Document Information

Author Lachlan Forsyth, Statutory Planner

Responsible Prue Mansfield, Director Planning & DevelopmentDirector

Summary/Purpose

Application details: Construction of second dwelling on a lot (two storey) andremoval of vegetation.

Application No: DR/690/2015

Applicant: Penno Drafting & Design

Land: 66 Kirkwood Road, EAGLEHAWK

Zoning: General Residential Zone (GRZ)

Overlays: Environmental Significance Overlay 1 (ESO1)

No. of objections: Six (6)

Consultationmeeting:

25 January 2016 - attended by Cr Williams, Cr Ruffell and CrCox. No resolution of issues.

Key considerations: Whether the proposal is consistent with Planning Schemepolicy regarding housing, design and infill development;

Whether the proposal is consistent with neighbourhoodcharacter policy and the provisions of the GeneralResidential Zone;

Compliance with ResCode.

Conclusion: Planning Scheme policy and the General Residential Zonesupports construction of a second dwelling on the lot. Thedesign is found to be appropriate with regards toneighbourhood character and the proposal is compliant withResCode. Overall the development is an appropriate andorderly planning outcome.

Policy Context

City of Greater Bendigo Council Plan 2013 – 2017 (2015-2016 Update)Planning for Growth


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Housing options provide broader choice in order to meet current and futurecommunity expectations and needs.

Productivity

Council fosters business and industry growth.

Sustainability

The built and natural qualities that make Greater Bendigo an attractive and appealingplace are valued and conserved.

Report

Subject Site and Surrounds

The subject site is a semi-regular shaped parcel of land located on the southern side ofKirkwood Road, Eaglehawk – to the north of Lake Neangar.

The lot has a frontage width of 18 metres, an average depth of ~60 metres and a totalarea of 948m². The topography of the land sees a gradual slope away from the street,with a change in level from front to rear of approximately 1.5m.

A single storey Victorian-era weatherboard dwelling is located at the front of the site.Vehicle access is provided by a gravel driveway along the south-western side of the lot. A small colorbond shed is also located in the rear yard.

Noteworthy landscaping includes one large gum tree in the rear yard, a conifer in thefront yard and numerous shrubs/bushes.

The broader area is residential in nature, with most of the dwelling stock being singlestorey, clad in weatherboard or brick and featuring pitched roofs. There are examples ofdouble storey and flat roof buildings in the immediate surrounds.

Land adjoining to the west and south is a small Crown land park which contains a Scouthall. The adjoining residential land to the east is vacant. The rear of the site is visiblefrom Simpsons Road, although it is set back 40+m from the street.

Figure 1: Location map showing subject site. Objectors’ properties marked with a star.


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Proposal

The applicant seeks approval to construct a second dwelling on the lot and to removevegetation in the rear section of the lot.

Dwelling

The second dwelling is a double storey, contemporary “cuboid” design which is orientedto face south (looking towards Lake Neangar).

The dwelling features four bedrooms and a double garage. Living rooms and bathroomsare located at both ground and first floor level, as well as a south facing balcony.

A range of cladding materials are proposed including:- Ground level: concrete panels, face brickwork, rendered brickwork and stacked

stone.- Upper level: horizontal lightweight “stria” cladding and “matrix panel” cladding.

Vehicle access is to be provided via the existing driveway which runs along the southwest boundary of the lot. A new crossover, driveway and car parking area is proposed tobe installed on the north eastern boundary of the lot to service the existing dwelling. Bothdriveways will be concreted.

Vegetation Removal

Vegetation removal includes one mature gum tree, two small trees/shrubs and busheson the rear boundary.

Figure 2: Proposed site layout plan.


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Figure 3: Side elevation of existing and proposed dwelling at rear.

Figure 4: 3D diagrams of proposed dwelling.

Planning Controls - Greater Bendigo Planning Scheme

The following clauses are relevant in the consideration of this proposal:

State Planning Policy Framework

Integrated decision making (cl. 10.04)

Regional development (cl. 11.05)

Urban environment (cl. 15.01)

Sustainable development (cl. 15.02)

Residential development (cl. 16.01)

Movement networks (cl. 18.02)

Development infrastructure (cl. 19.03)

Municipal Strategic Statement

Municipal profile (cl. 21.01)

Key issues and influences (cl. 21.02)

Vision - strategic framework (cl. 21.03)

Strategic directions (cl. 21.04)

Settlement (cl. 21.05) Housing (cl. 21.06)


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Reference documents (cl. 21.10)

Local Planning Policies

Eaglehawk Residential Character Precinct 2 (cl. 22.13)

Other Provisions General Residential Zone (cl 32.08)

Environmental Significance Overlay – Schedule 1 (cl. 42.01)

Car Parking (cl. 52.06)

ResCode – Two or more dwellings on a lot (cl. 55)

Decision guidelines (cl 65)

Permit Triggers

Clause 32.08-4 General Residential Zone: Construction of two or more dwellings on alot.

Clause 42.01 – Environmental Significance Overlay Schedule 1: Removal of

vegetation.

Consultation/Communication

Referrals

The following authorities and internal departments have been consulted on the proposal:

Referral Authority / Department Comment

Department of Environment, Land,Water and Planning (s.55)

No objection to the removal of vegetation, noconditions relating to vegetation removalrecommended.

North Central CatchmentManagement Authority (s.52)

No objection, no conditions.

Traffic & Design No objection subject to standarddriveway/cross over construction conditionsand garage door width modifications.

Drainage No objection subject to drainage conditions.

Public Notification

The application was advertised by erecting a notice board on the site and by postingletters to adjoining and nearby owners and occupiers. A statutory declaration wasprovided as evidence that the notice was given in accordance with the requirements ofthe Act.

As a result of advertising, six objections were received, with the grounds of objectionbeing:

a) Building will obstruct views to the lake.

b) Not enough car parking provided.


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c) Building will have negative impacts on the neighbourhood character of the area.

d) Concerns with the character of potential future occupants (concerns the building willbe used for public housing).

e) Tree removal concerns.

f) Traffic concerns.g) Development will have negative impact on property values.

h) Inconsistencies with application documents.

i) Potential noise impacts for new occupants from park and Scout hall.

j) Concerns that the building will remain unfinished.

k) Concern with the “character ” of the property developer.

The objections are discussed below.

Planning Assessment

Is the proposal consistent with the General Residential Zone and relevant PlanningScheme policy regarding housing and infill development?

The subject land is zoned General Residential and is situated within the Bendigo UrbanGrowth Boundary. The property is situated in an established residential area ofEaglehawk which is served by existing civil infrastructure, local services, the Eaglehawktown centre and public recreation facilities.

The most relevant purposes of the General Residential Zone include: To implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies.

To encourage development that respects the neighbourhood character of thearea.

To implement neighbourhood character policy and adopted neighbourhoodcharacter guidelines.

To provide a diversity of housing types and moderate housing growth in locationsoffering good access to services and transport.

The proposal is found to be consistent with these purposes, as detailed below.

The construction of a second dwelling will allow for an increase in dwelling stock whichwill provide for the growing population of Greater Bendigo at a small scale. In doing so,the land will be consolidated and used to its full potential.

This will assist in implementing urban containment policy aims found with the MSSHousing Policy (Cl. 21.06), which seeks to accommodate an additional 3,164 dwellings,housing 6,000 new residents by 2030.

Infill development of this style is also broadly supported by state policy at Clause 11(Settlement) and 16 (Housing), Council’s Residential Growth Strategy, and the LoddonMallee South Regional Growth Plan (Cl. 11.12).


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The proposal will also allow for residential diversification that will utilise the existingservices and facilities local to the area. It is noted that the subject site is located withinclose proximity to recreational public open space (adjoining Crown land, Lake Neangar60m south and Canterbury Park 350m west) and is within short walking/commutingdistance of the Eaglehawk town centre. The property is also within walking distance ofpublic transport options (buses and trains) operating out of Eaglehawk.

Development within established urban areas is also beneficial from a sustainabilityviewpoint as all civil and service infrastructure exists, and can be taken advantage of(electricity, water, sewerage, roads, telecoms, etc.).

The design of the dwelling is also considered to be satisfactory and will be suitablyintegrated within the surrounding established neighbourhood. A more thoroughdiscussion on design and neighbourhood character is detailed below.

Overall the proposal is considered to be consistent with the relevant State and LocalPlanning Policy Framework objectives and the purposes and decision guidelines of thezone.

Is the development acceptable with regard to neighbourhood character policy?

The State and Local Planning Policy Framework, as well as the MSS and the purpose ofthe General Residential Zone encourage development that is respectful ofneighbourhood character. This is also a requirement of ResCode.

The site is located within Eaglehawk Residential Character Precinct 4, which is described

under Clause 22.13 as follows:

This precinct contains housing mainly built since the 1950s that constitute the ‘outersuburbs' of Eaglehawk. Consistency of setbacks within street scapes is important, as areroof shapes, because they can be dominant in streetscapes and provide a consistenttheme. The horizontal emphasis of the dwelling form is also important, resulting from thelong, low elevations of the buildings in relation to their height. Mature vegetation in private yards and public reserves often provides a backdrop.

The statement of desired future character seeks to ensure that the consistency of sitingand horizontality of the dwellings will be maintained.

The desired future character is to be achieved by the objectives and design responsesoutlined and discussed in the table below:

Objectives Response

To maintain and strengthen the gardensettings of the dwellings.

Prepare a landscape plan to accompanyall applications for new dwellings.Retain large, established trees andprovide for the planting of new treeswherever possible.

Comment:


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Objectives Response

One large tree is proposed to be removed from the rear of the site to facilitate thedevelopment.

Whilst this tree does contribute partly to the character of the area, its removal will not

significantly alter the character or appearance of the neighbourhood. The existingtrees within the adjoining reserve and neighbouring lot and the retention of themature conifer within the front yard ensure the garden character of the area ismaintained.

Further to this, a landscape plan has been submitted which includes planting aroundthe new dwelling.

A further condition will require replanting of a suitably chosen and sited canopy treeto replace the removed tree.

To minimise site disturbance and impact

of the building on the landscape.

Buildings should be designed to follow

the contours of the site or step down thesite.

Comment:

The dwelling has been designed to follow the contours of the site as much as practicable. Minimal site cuts are proposed which allows for minimal site disturbance, particularly when viewed from the street.

To reflect the consistency, wherepresent, of building front setbacks.

The front setback should be not less thanthe average setback of the adjoining twodwellings.

Comment:

The new dwelling is to be sited at the rear of the existing dwelling. This will ensurethat building setbacks within the Kirkwood Road streetscape are maintained. Furtherto this, the new building is setback 40+m from Simpson Road. Given the large streetsetbacks, the building will not be visually prominent from either road.

To reflect the existing rhythm of dwellingspacing.

Buildings should be setback between 1and 3 metres from both side boundaries,based on the predominant pattern in thestreetscape.

Comment:

Again it should be noted that the new dwelling is sited at the rear of the existingdwelling. Further to this, no dwelling abuts the site on either side due to the Crownland to the west and a vacant lot to the east. As a result, the rhythm of buildingspacing within the streetscape is maintained.

To ensure that buildings and extensionsdo not dominate the streetscape.

Respect the predominant building heightin the street and nearby properties.Use low pitched roof forms.

Comment:

It is recognised that the proposed dwelling is double storey, where most surrounding


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Objectives Response

buildings are single storey. The design response is seen to be appropriate, however,for the following reasons:- The dwelling is set behind the existing building which will partly screen it from

street view.- The fall of the land away from the street helps reduce the overall height of the

building when viewed from Kirkwood Road.- The upper level of the building will be set back approximately 15m beyond the

existing dwelling, and approximately 37 metres from the front boundary. Thissiting will ensure the building is not visually prominent when viewed from thestreet. Rather than being prominent within the streetscape, the building will form acommon backdrop in an established suburban area.

- The building is setback more than 40 metres from Simpsons Road.- The building’s upper level has been visually articulated by use of varied materials

and physical wall articulation.

- The staggered built form of the dwelling (upper level set back further from thestreet than the lower level) allows a graduation in height between the existing andnew dwelling.

- Similar built forms exist in Kirkwood Road, particularly the double storey squarefaçade and flat roof of 71A Kirkwood Road.

To use building materials and finisheswhich complement the dominant patternwithin the streetscape.

In streetscapes where weatherboardpredominates, render, bag or paint bricksurfaces.

Comment:

The most visually prominent walls of the building from the street will have brickcladding on the SW ground floor and horizontal lightweight board cladding at upperlevel NW and SW elevations. These materials are commonly found in the precinctand are acceptable.

The other materials (rendered brick, matrix cladding and concrete) will alsorespectfully sit within the neighbourhood.

To maintain the openness of thestreetscape.

Provide low or open style front fences.

Comment:

No front fencing is proposed. This will maintain the open character of KirkwoodRoad.

With regards to neighbourhood character the proposal is considered to be appropriate.

Does the proposal comply with ResCode?

Compliance with the objectives of Clause 55 (ResCode) is a mandatory requirement fordevelopments of two or more dwellings on General Residential Zone land.


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To achieve automatic compliance with an objective, a number of standards are detailedwithin Clause 55. It is noted that compliance with the standard is not mandatory, and thatalternate options can be considered where particular siting or design contexts warrant avariation.

In this case, the majority of standards are complied with, and thus the objectives are alsomet. There are two standards which the proposal does not meet, but are considered tomeet the objective as outlined below:

Cl. 55.04-1 Side and rear setbacks objective“To ensure that the height and setback of a building from a boundary respects theexisting or preferred neighbourhood character and limits the impact on the amenity ofdwellings”

Comment:To meet the standard, the side walls of the dwelling would have to be setback the

following distances:- North east elevation: 2.4m rather than the 1.64m proposed.- South west elevation: 2.5m rather than the 1.5m proposed.The objective (outlined above) is considered to be met as both of these walls abutvacant land and as such, will have no adverse amenity impacts. The designresponse is also seen to be an acceptable neighbourhood character outcome, asdetailed earlier in this report.

Cl. 55.04-2 Walls on boundaries objective“The ensure that the location, length and height of a wall on a boundary respects theexisting or preferred neighbourhood character and limits the impact on the amenity of

dwellings”

Comment:The new dwelling’s garage wall is the only wall to be built on a boundary. The lengthand setback of this wall meets the requirements of the standard, however the heightdoes not as the average height exceeds 3.2m by approximately 600mm.

This wall abuts the small neighbourhood park (Crown land). Due to this context, thewall will have no adverse impact on residential amenity as it does not abut adwelling. The height variation is also seen to be minor, and will not have anunreasonable impact on neighbourhood character.

Removal of vegetation within the Environmental Significance Overlay 1

The purpose of the ESO1 is to protect waterways and their riparian zones. A permit isrequired to remove any vegetation from an area covered by an ESO1.

In this case the waterway in question is a drainage depression running along the rear ofthe site towards Lake Neangar.


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The advice of the Department of Environment, Land, Water and Planning has beensought (determining authority). The Department has offered no objection and hasrecommended that no offset conditions are necessary in this circumstance. With regardto the purpose and decision guidelines of the overlay, the City agrees that the proposedremoval of vegetation does not pose unreasonable environmental risk to the waterway,and should be allowed.

Objectors' concerns not already addressed:

Building will obstruct views to the lake.

The question of whether impacts on views are a valid ground has been testednumerous times at VCAT. VCAT has found (and the City agrees) that potentialimpacts on views as a result of developments is rarely a relevant planningconsideration.

Not enough car parking provided.

Both dwellings been provided with two car spaces (with at least one covered carspace provided). This meets the Planning Scheme requirements for car parkingprovision (Cl. 52.06).

Concerns with the “character” of potential future occupants (concerns the buildingwill be used for public housing).

The character and nature of potential occupants is not regulated by the planningsystem and is not a valid ground of objection.

Traffic concerns.

The new dwelling and its vehicle accessway have been designed to allow vehicles toenter and exit the site in a forwards direction. The City’s engineers have assessedthis arrangement (and the new driveway/carport for the existing house) and haveraised no concern with the safety or functionality of the layout. Adequate sight linesfor pedestrian and vehicle entry/exit are also provided at the site frontage.

Development will have negative impact on property values.

Potential property devaluation is not a relevant planning consideration. There is along standing position by VCAT and the City that other than in exceptional cases,and where clear evidence can be presented, loss in property value will not beentertained as a valid ground of objection.

Potential noise impacts for new occupants from park and Scout hall.

The adjoining park and Scout hall is not considered to pose significant risk to theamenity of future residents with respect to noise. It is commonly held that publicparks are a necessary and complimentary land use/asset in residential areas.

Concerns that the building will remain unfinished.

There is no evidence to suggest the building will not be completed.

Concern with the “character” of the property developer.

This has no planning relevance and should be given no weight whatsoever.


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Conclusion

For the reasons discussed above, the application is found to comply with the PlanningScheme and a permit should be granted.

The proposal is compliant with ResCode and relevant housing and neighbourhoodcharacter policy found within the planning scheme.

The proposal represents an orderly and sustainable land use and development outcomewhich will utilise existing, serviced residential land.

Options

Council, acting as the responsible authority for administering the Planning Scheme, mayresolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.

Attachments

Objections

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater BendigoCity Council resolve to issue a Notice of Decision to Grant a Permit for construction ofsecond dwelling on a lot (two storey) and removal of vegetation at 66 Kirkwood Road,

EAGLEHAWK 3556 subject to the following conditions:

1. MODIFIED PLAN REQUIREDBefore the use and/or development start(s), amended plans to the satisfactionof the responsible authority must be submitted to and approved by theresponsible authority. When approved, the plans will be endorsed and will thenform part of the permit. The plans must be drawn to scale with dimensions and2 copies must be provided. The plans must be generally in accordance withthe plans submitted with the application but modified to show:(a) Existing dwelling’s side window which adjoins the driveway to be removed

and replaced with window which has a sill height of no less than 1.7mabove finished floor level.

(b) Amended landscape plan in accordance with Condition 3 (additionalcanopy tree).

(c) Driveways to be concrete or similar.(d) Provision of carport for existing dwelling (set behind the front wall of the

existing building).(e) Proposed dwelling’s garage door widened to 5.40 metres.

2. NO LAYOUT ALTERATIONThe use and development permitted by this permit as shown on the endorsed

plans and/or described in the endorsed documents must not be altered ormodified (for any reason) except with the prior written consent of theresponsible authority.


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3. LANDSCAPE PLAN REQUIREDBefore the development starts, a landscape plan to the satisfaction of theresponsible authority must be submitted to and approved by the responsibleauthority. When approved, the plan will be endorsed and will then form part ofthe permit. The plan must be drawn to scale with dimensions and two copiesmust be provided. The plan must show:(a) A survey (including botanical names) of all existing vegetation to be

retained and/or removed.(b) Details of surface finishes of pathways and driveways.(c) Planting schedule of all proposed trees, shrubs and ground covers,

including botanical names, common names, pot sizes, sizes at maturity,and quantities of each plant.

(d) Provision of one (1) appropriately selected canopy tree (minimum twometres tall when planted and 8+ metres tall when mature, preferably nativespecies) in the rear yard of the new dwelling.

4. COMPLETIOJN OF LANDSCAPINGBefore the occupation of the development starts or by such later date as isapproved by the responsible authority in writing, the landscaping works shownon the endorsed plans must be carried out and completed to the satisfaction ofthe responsible authority.

5. LANDSCAPING MAINTENANCEThe landscaping shown on the endorsed plans must be maintained to thesatisfaction of the responsible authority, including that any dead, diseased ordamaged plants are to be replaced.

6. GENERAL EXTERIOR TREATMENTThe exterior treatment of the buildings permitted by this permit including allexterior decoration, materials, finishes and colours must be to the satisfactionof the responsible authority. The exterior treatment of the building(s) must bemaintained to the satisfaction of the responsible authority.

7. REFRIGERATION AND AIR-CONDITIONING EQUIPMENT Any equipment required for refrigeration, air-conditioning, heating and the likemust be suitably insulated for the purpose of reducing noise emissions andmust be located so as to not be highly visible from the street to the satisfaction

of the responsible authority.

8. CONSTRUCTION PHASE All activities associated with the construction of the development permitted bythis permit must be carried out to the satisfaction of the responsible authorityand all care must be taken to minimise the effect of such activities on theamenity of the locality.

9. STORMWATER DRAINAGEPrior to commencement of the development, drainage plans, includingcomputations and longitudinal sections, must be provided to and approved bythe Responsible Authority for the lot in the development to the responsibleauthority’s nominated point of discharge. Once approved, the plans will be


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endorsed as part of the planning permit and must not be further altered withoutthe prior written consent of the responsible authority.

10. GENERAL DRAINAGEThe proposed building(s) and works must be drained to the satisfaction of theCity of Greater Bendigo as the responsible drainage authority.

11. VEHICLE CROSSINGSVehicular access to the subject land from any roadway or service lane (andvice versa) must be by way of a vehicle crossing(s) constructed at right anglesto the road, to suit the proposed driveway(s) and vehicles that will use thecrossing. A Works within Road Reserves permit must be obtained from the Cityof Greater Bendigo Engineering & Public Space Unit prior to any workcommencing in the road reserve.

12. SEALED CAR PARKING AND DRIVEWAY AREAS

Areas set aside for the parking of vehicles together with the aisles and drivesmust be properly formed to such levels that they can be utilised in accordancewith the endorsed plan and must be drained and provided with an imperviousall weather seal coat. The areas must be constructed, drained and maintainedin a continuously useable condition to the satisfaction of the responsibleauthority.

13. USE OF CAR PARKING AND DRIVEWAY AREAS Areas set aside for the parking and movement of vehicles as shown on theendorsed plan must be made available for such use and must not be used forany other purpose.

14. NO MUD ON ROADSIn the event of mud, crushed rock or other debris being carried onto publicroads or footpaths from the subject land, appropriate measures must beimplemented to minimise the problem to the satisfaction of the responsibleauthority.

15. EXPIRYThis permit will expire if the development permitted by this permit is notcompleted within 2 years from the date hereof. The time within which thedevelopment must be completed may be extended, on written request to the

responsible authority, before or within 6 months after the expiry of this permitwhere the development has not yet started or 12 months where thedevelopment has commenced.

Documents

Kirkwood Road proposal