CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG

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1 CITY OF GREATER GEELONG DEVELOPMENT HEARINGS PANEL MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE, 100 BROUGHAM STREET, GEELONG ON THURSDAY 3 MAY 2018 Meeting opened at 5:00pm. 1. COMMITTEE MEMBERS PRESENT: Peter Smith, John Bryce, Tim Hellsten, Melissa Garrett 2. OTHER OFFICERS PRESENT: Trent Blackmore, Leanne Stockley, Erin Jones, Elena Anastos 3. APOLOGIES: NIL 4. CONFIRMATION OF MINUTES: MOVED: SECONDED: That the minutes of the meeting of 19 April 2018 as circulated be adopted. Carried 5. DECLARATION OF INTEREST: NIL 6. MATTERS FOR CONSIDERATION:

2 Development Hearings Panel Page 2 Application No: Applicant: Subject Land: Owner: Zone: Listed Buildings: Overlays: Existing Use: Proposed Use: PP Barwon Heads Pty Ltd 1 Flinders Parade, BARWON HEADS Barwon Heads Pty Ltd and Shaloe Pty Ltd Residential Growth Zone Schedule 3 & Adjacent to a Road Zone Category 1 C Listing Heritage Overlay (HO1668) Dwelling & Food and Drink Premises Demolition and Partial Demolition of Existing Buildings, Buildings and Works Associated with the Construction of a Three (3) Storey, Eight (8) Dwelling Apartment Building, Alterations and Additions to Existing Building, Alteration of Access to a Road Zone Category 1 Road, and Reduction in Car Parking Requirements generally in accordance with the endorsed plans Subject Site 1 FLINDERS PARADE, BARWON HEADS

3 Development Hearings Panel Page 3 Summary The subject site, 1 Flinders Parade in Barwon Heads is a slightly irregular shaped allotment which is provided with duel frontages to both Flinders Parade and Bridge Road. The frontage to Flinders Parade is metres, with the second frontage to Bridge Road being meters overall the site has a total area of approximately 998 square metres. The site is relatively flat however consist of a slight fall which runs from west to east by approximately 2 metres with the western section being the highest point of the site (6m AHD). There is no significant vegetation on the site. Occupying the site is a single storey brick dwelling with vehicular access provided via Bridge Road and a single storey corner store which is listed to have a Local level of significance to the Flinders Heritage Area. This corner store is currently being utilised as a food and drink premises. The application proposes the demolition of an existing dwelling, partial demolition of an existing building (food and drink premises), alterations and additions to an existing building, construction of eight (8) dwellings within an apartment style building, basement car parking, reduction in car parking requirements and alteration of access to a Category 1 Road Zone. The site is located within Barwon Heads being the gateway of the suburb when entering from Ocean Grove via the Barwon Heads-Ocean Grove Bridge. The site is adjacent to the Barwon River, Frank Ellis Reserve and Barwon Heads Hotel. The site itself is zoned within a Residential Growth Zone Schedule 3, adjacent to a Road Zone Category 1 Road (Bridge Road) and within the Flinders Area Heritage Overlay. The application was advertised by way of signage and direct mailing. As a result, a total of 68 objections were received. The concerns regarding the application generally relate to inappropriate built form, out of character development, traffic and parking issues, overdevelopment, streetscape impacts, amenity impacts, heritage impacts, conflicts with MSS and Barwon Heads Structure Plan, ground water concerns. The proposal has been assessed against the relevant State and Local policies of the planning scheme, the zone, overlay and particular provisions of the Greater Geelong Planning Scheme. On balance, it is considered that this application is at odds with the objectives and decision guidelines of the Heritage Overlay, Flinders Heritage Area and at odds with the neighbourhood character of the immediate area. It is therefore recommended that the application should not be supported. The applicant has lodged an application through VCAT due to Council not making a decision on the application within the required timeframe (failure to decide). Moved: Melissa Garrett Seconded: Tim Hellsten That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to form a position to not support the proposal at VCAT for a Planning Permit for the Demolition of an Existing Building, Partial Demolition of an Existing Building, Buildings and Works Associated with the Construction of a Three (3) Storey, Eight (8) Dwelling Apartment Building, Alterations and Additions to Existing Building, Alteration of Access to a Road Zone Category 1 Road, Reduction in Car Parking and Waiver of Loading Bay Requirements at 1 Flinders Parade, BARWON HEADS on the following grounds:

4 Development Hearings Panel Page 4 1. The proposal is contrary to the policies outlined at Clause 15 Built Environment and Heritage, Clause , Clause Neighbourhood Character, Clause and , and Clauses and 22.36, the objectives and decision guidelines to the Heritage Overlay; in that the proposal does not enhance, protect and maintain the neighbourhood character of Barwon Heads nor the Flinders Parade Heritage Area due to the intensity and scale of the built form of the development. Report The Site & Locality Carried The site is located on the corner of Flinders Parade and Bridge Road within an established area of Barwon Heads. The site is located at the eastern entrance to the Barwon Heads township and is located to the north west of the Barwon Heads bridge. The site is generally rectangular in shape and contains a total area of approximately 998 square metres. The site has a frontage of metres to Flinders Parade and metres to Bridge Road. The site is relatively flat with a 2 metres fall which runs west to east and does not contain any significant vegetation. Occupying the property is a single storey brick dwelling and another single storey brick commercial building which is used as a food and drink premises. The building is listed as being of local heritage significance to the Flinders Heritage Area.

5 Development Hearings Panel Page 5 The citation for the building states that the building is significant for its original design qualities and interwar commercial style, including two hipped roofs clad in terracotta tile. Other intact qualities include the painted brick walls, wide eaves and exposed rafters, timber window frames and highlights, panelled timber doors, substantial corner timber eaves brackets and terracotta ridge ornamentation. The corner store is associated with the Barwon Heads Company Estate subdivision of 1891, and with the building growth in Barwon Heads in the early 1930s as a result of the town s popularity as a holiday resort. The site and surrounding area to the north and west is located in the Residential Growth Zone Schedule 3, within the Barwon Heads Increased Housing Diversity Area and subject to the Flinders Heritage Area. These properties have been developed for residential purposes with sites varying in dwelling era, built form and construction materials. The property directly to the west of the subject site (2 Bridge Road) is developed with a double storey dwelling which is setback 5.20 metres from Bridge Road. This dwelling is constructed from lightweight materials and a feature of the dwelling is its gabled roof forms. The site directly to the north is developed with a double storey mixed weatherboard and fibro cement clad dwelling with a hipped roof, which is setback in excess of 20 metres from Flinders Parade however comprises a garage with a zero metre setback. Properties located south (directly opposite the site) and also sites further to the west are situated within a Commercial 1 Zone and is Barwon Heads main activity centre. The southern side of Bridge Road has been developed for commercial purposes, with the Barwon Heads Hotel being a local landmark when entering the township. Land to the east of the site is a foreshore reserve associated with the Barwon River, while a public car park area is located to the south east of the site.

6 Development Hearings Panel Page 6 Bride Road Streetscape Site History Streetscape when viewed from Barwon Heads-Ocean Grove Bridge This site has been subject to two different large development applications previously. The first application was PP898/2005 which proposed six dwellings with a double storey built form that exceed 7.5 metres in height, amongst other works. This application was recommended for refusal by the Council officer and a DHP Panel. Further to this, the application was heard at VCAT who also refused the application. The application was refused on the basis of scale, built form and massing. The second major development application (PP887/20016) on this site was a follow on from the application above, however the design of the proposal was altered taking into consideration the points of refusal made previously.

7 Development Hearings Panel Page 7 Due to the reduction in scale, built form and massing the application was subsequently approved by VCAT. Proposed Planning Scheme Amendment - C375 This Planning Scheme Amendment has seen the Barwon Heads Structure Plan undergo review, which has resulted in Council adopting an updated Barwon Heads Structure Plan in August Although the revised Barwon Heads Structure Plan has been adopted, Amendment C375 is considered to be within its early stages and not yet a seriously entertained document. However, if one was to apply the revised structure plan, the proposed development may be found to be at odds due to the built form and visual bulk presented by the top level. In summary, this revised structure plan proposes to rezone this site from a Residential Growth Zone, to a General Residential Zone with provisions made for the creation of a new Design and Development Overlay. The Barwon Heads Increased Housing Diversity Area will remain. Generally the same principles apply to the application, with the proposed DDO having the objective to ensure development meets the coastal character through design requirements. The DDO is proposed to directly specify that upper levels of development are to be recessed to reduce dominant scale, development avoid visually dominating the streetscape and with front fencing to be visually permeable. Further to the review of the structure plan, an additional residential and landscape character assessment has been completed. The conclusion of this assessment acknowledges that there has been design change within Barwon Heads over the years, however consideration and controls should be implemented in a greater way (such as less site coverage, low or no front fencing, large setbacks, less cuboid designs and meaningful landscaping treatment) to avoid Barwon Heads losing its coastal village feel. In turn, this has resulted in the proposed zone change and implementation of a new DDO. Proposal The application proposes the complete demolition of the existing dwelling on site, demolition of a fence, buildings and works associated with the construction of a three (3) storey, eight (8) dwelling apartment building, and alteration of access to a road zone category 1. The proposal also includes the partial demolition of the existing commercial building, works associated with the addition to the existing building, reduction in car parking requirements. Demolition The complete removal of the existing single storey dwelling forms part of the application. Further to this, the partial demolition of the existing commercial building is also included within the application. The lean-to/retail infill to the east and the lean-to section north is proposed to be removed. Existing façade windows to the east are to be altered so that they can be widened, with windows on the south façade being replaced. The parapet wall located along the eastern boundary which runs north of the site is marked for demolition. Boundary fencing and some internal walls are also noted to be removed as part of the application.

8 Development Hearings Panel Page 8 Commercial Building Additions/Alterations Works associated with the existing commercial building on the site include an addition to the west of the building which will provide for a toilet, kitchen and bin storage area. This section will comprise a flat roof form and have a maximum building height of 3 metres with a setback of 1 metre behind the façade of the significant heritage building. An alfresco area is proposed to be constructed to the north of the building which will be covered by a sunshade pergola. The windows for the east and southern facades will be replaced with bi-fold style windows which will consist of aluminium construction and will be of a black satin powder coat finish. Additional bi-fold doors will be located along the northern façade which leads out to the alfresco area. Dwelling Development: Basement The proposed dwelling development will comprise a basement car park plus three storeys which will accommodate a total of eight (8) dwellings. The basement car park will be provided with access from Flinders Parade at the north-east corner of the site between the alfresco area for the food and drink premises and property boundary. The basement will provide for a total of 13 car spaces for the proposed dwellings with seven (7) of these spaces being via a car stacker. Also included within the basement area is storage units, bin room lift and stairs. There is also one disabled car parking space and on space within the stacker which is allocated for the existing commercial property on the site. Ground Floor The ground floor of the apartment complex will provide for the common pedestrian entry lobby which includes a lift and stairs. There will be a total of four dwellings located at ground floor level, with apartments 2 and 3 having main entry points from within the lobby. Apartments 1 and 4 are provided with their main entry point at the rear of the site once passing through the lobby and private courtyards. All of the ground floor dwelling s floor plans will consist of two bedrooms, open plan living/kitchen/dining area, European laundry, x2 courtyards whilst apartments 1 & 4 are provided with a bathroom and powder room with apartments 2 & 3 being allocated two bathrooms. Each of the ground floor apartments will also be provided with access to bridge Road via an access gate within their south facing courtyard areas. First Floor The first floor will comprise two apartments which are provided with an open plan kitchen/meals/living, three bedrooms, two bathroom, laundry, sitting room and south facing balcony. Second Floor This floor will also accommodate two apartments. These floorplans will include an open plan kitchen/meals/living area, two bathrooms, laundry and a wraparound terrace/balcony with 1.7m high privacy screening treatments to the north and western sections to avoid overlooking.

9 Development Hearings Panel Page 9 Building Design/Siting The proposed apartment building will located to the west of the site with a street setback for the ground and first floor to Bridge Road of 3.55 metres, side setback from the western boundary of 2.50 metres and setback to the northern boundary of 2.80 metres. The second floor will be provided with a street setback to Bridge Road of 5.50 metres, setback to the western boundary of 4 metres and setback to the northern boundary of 4.40 metres. The apartment building will have a separation from the original significant heritage building of 3.50 metres and 1.50 metres from the addition to the existing heritage building. The maximum height of the apartment building is noted on the plans to be metres from NGL at the highest point. The external design of the apartment building is of a modern coastal design which incorporates a mix of natural timber cladding, timber posts, clear glazing, metal cladding decorative finishes, sandstone and a cuboid style built form incorporating an angled roof form for the second storey. The building will have a total length of approximately 30 metres, with a built width of approximately 13.5 metres. The building itself has been separated into two large square style formations which is connected by a link that provides for the common lobby, lift and entrance areas for the apartments within. This link will comprise vertical timber cladding and be setback metres from Bridge Road and metres from the northern boundary. A 1.8 metre high front fence which will run along the apartment building frontage also forms part of the application. This fence will be constructed of both drystone sandstone and powder coated metal fencing.

10 Development Hearings Panel Page 10 Greater Geelong Planning Scheme Definition and Nesting Pursuant to Clause 74 of the Planning Scheme a dwelling is defined as: A building used as a self-contained residence which must include: a) a kitchen sink; b) food preparation facilities c) a bath or shower; and d) a closet pan and wash basin. It includes outbuildings and works normal to a dwelling. Pursuant to Clause of the Planning Scheme a dwelling is nested in the Accommodation group. Zone The subject site is located within a Residential Growth Zone. The purpose of the zone is: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide housing at increased densities in buildings up to and including four storey buildings. To encourage a diversity of housing types in locations offering good access to services and transport including activity centres and town centres. To encourage a scale of development that provides a transition between areas of more intensive use and development and other residential areas. To ensure residential development achieves design objectives specified in a schedule to this zone. To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

11 Development Hearings Panel Page 11 Overlay The subject site is located within a Heritage Overlay. The purpose of the overlay is: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To conserve and enhance heritage places of natural or cultural significance. To conserve and enhance those elements which contribute to the significance of heritage places. To ensure that development does not adversely affect the significance of heritage places. To conserve specified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place. Permit required clause and condition Pursuant to Clause of the Residential Growth Zone, a permit is required to construct two or more dwellings on a lot. Pursuant to Clause of the Residential Growth Zone, a permit is required to construct a building or construct or carry out works for a use in Section 2 of Clause Pursuant to Clause of the Heritage Overlay, a permit is required to remove or demolish a building and to construct a building or construct or carry out works. Pursuant to Clause of the Particular Provisions, a permit is required to reduce the number of car parking spaces required under Clause Pursuant to Clause of the Particular Provisions, a permit is required to alter access to a road in a Road Zone, Category 1. Restrictive Covenant The subject site is burdened by a Restrictive Covenant. Instrument No.: R189642N Details: Limits signage to the site and also restricts altering of roof forms to protect views of 3 Flinders Parade. This covenant has a sunset clause which expires 15 years from creation. As the lodgement date is shown on the covenant of 18 th February 1991, the restriction is no longer applicable. Cultural Heritage Management Plan (CHMP) The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity. Part 2 - Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt activities which do not require a Cultural Heritage Management Plan. The proposal is not listed as an exempt activity.

12 Development Hearings Panel Page 12 Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the Aboriginal Heritage Regulations Part 2 - Division 3 identifies the site or part of the site as within an area of cultural heritage sensitivity. High impact activities are defined within Part 2 - Division 5 of the Aboriginal Heritage Regulations Part 2 - Division 5 lists the proposal as a high impact activity. The site is considered to have been the subject of significant ground disturbance which is defined as disturbance of (a) the topsoil or surface rock layer of the ground or (b) a way - by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping. This conclusion is based upon the submitted archaeology assessment prepared by Tardis. In accordance with the above assessment, a Cultural Heritage Management Plan is not required. COASTAL INUNDATION AND EROSION: Clause of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change. Strategies include: In planning for possible sea level rise, an increase of 0.2 metres over current 1 in 100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill). Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change. Consider the risks associated with climate change in planning and management decision making processes. The subject site is located within close proximity of existing urban development. Council s data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at LANDFILL GAS RISK ASSESSMENT Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things: Any significant effects the responsible authority considers the environment may have on the use or development [S 60(1) of the PEA]. Clause of The State Planning Policy Framework which aims to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. The EPA has adopted the Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills (September 2010) or Landfill BPEM..

13 Development Hearings Panel Page 13 The Landfill BPEM identifies that: Risks associated with landfill gases may occur for at least 30 years post-closure. Appropriate buffer distances must be maintained between the landfill and sensitive land uses. The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained non-putrescible waste. Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated. All buildings and structures and associated infrastructure should be considered. The BPEM specifies that development undertaken within a buffer distance of up to 500 metres may be at risk. As the subject site is not located within 500 metres of an identified former landfill site, a risk assessment is not required. DEVELOPMENTS IN BUSHFIRE PRONE AREAS Clause (Bushfire) seeks to strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life. The policy must be applied to all planning and decision making under the Planning and Environment Act 1987 relating to land which is: Within a designated bushfire prone area; Subject to a Bushfire Management Overlay; or Proposed to be used or developed in a way that may create a bushfire hazard. The proposal is listed at Clause as one of the uses or developments which should be considered: Subdivisions of more than 10 lots. Accommodation. Child care centre. Education centre. Emergency services facility. Hospital. Indoor recreation facility. Major sports and recreation facility. Place of assembly. Any application for development that will result in people congregating in large numbers. The site is not located within a designated bushfire prone area. Officer Direct Or Indirect Interest: No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act. Car Parking The car parking requirements of this application are considered under Clause of the Greater Geelong Planning Scheme. A dwelling with one or two bedroom requires one car parking space, whilst three or more bedrooms is required to provide two car parking spaces. One visitor space is provided for every 5 dwellings.

14 Development Hearings Panel Page 14 The existing food and drink premises will be extended to include an additional 76 square metres of area. The additional area requires a total of 3 car parking spaces. The proposal has been provided with 14 car parking spaces for the dwellings (minimum requirement is 12 spaces) and 1 parking space for the commercial tenancy via the basement car park. The proposal requires a reduction of 1 visitor parking space and two a spaces for the food and drink premises additions to floor space. The design standards are considered to be compliant with Clause Bicycle Spaces No bicycle spaces are required to be provided for the construction of a dwelling as the development proposes three storeys, which is in accordance with Clause The additions to the food and drink premises create an additional space of 76 square metres which is less than the 1 bicycle space per 300 square metre requirement within the clause. State Planning Policy Framework Summary of relevant state policies Settlement Planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure. Planning is to recognise the need for, and as far as practicable contribute towards: Health and safety. Diversity of choice. Adaptation in response to changing technology. Economic viability. A high standard of urban design and amenity. Energy efficiency. Prevention of pollution to land, water and air. Protection of environmentally sensitive areas and natural resources. Accessibility. Land use and transport integration. Planning is to prevent environmental problems created by siting incompatible land uses close together. Planning is to facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities.

15 Development Hearings Panel Page Coastal Settlement Objective To plan for sustainable coastal development. Strategies Support a network of diverse coastal settlements which provides for a broad range of housing types, economic opportunities and services. Encourage urban renewal and redevelopment opportunities within existing settlements to reduce the demand for urban sprawl. Identify a clear settlement boundary around coastal settlements to ensure that growth in coastal areas is planned and coastal values protected. Where no settlement boundary is identified, the extent of a settlement is defined by the extent of existing urban zoned land and any land identified on a plan in the planning scheme for future urban settlement. Direct residential and other urban development and infrastructure within defined settlement boundaries of existing settlements that are capable of accommodating growth. Avoid linear urban sprawl along the coastal edge and ribbon development within rural landscapes and protect areas between settlements for non-urban use. Avoid development on ridgelines, primary coast dune systems and low lying coastal areas. Encourage opportunities to restructure old and inappropriate subdivisions to reduce development impacts on the environment. Ensure a sustainable water supply, stormwater and sewerage treatment for all development. Minimise the quantity and enhance the quality of storm water discharge from new development into the ocean, bays and estuaries Built Environment and Heritage Planning should ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value. Creating quality built environments supports the social, cultural, economic and environmental wellbeing of our communities, cities and towns. Land use and development planning must support the development and maintenance of communities with adequate and safe physical and social environments for their residents, through the appropriate location of uses and development and quality of urban design.

16 Development Hearings Panel Page 16 Planning should achieve high quality urban design and architecture that: Contributes positively to local urban character and sense of place. Reflects the particular characteristics, aspirations and cultural identity of the community. Enhances liveability, diversity, amenity and safety of the public realm. Promotes attractiveness of towns and cities within broader strategic contexts. Minimises detrimental impact on neighbouring properties Urban Design Objective To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Strategies Promote good urban design to make the environment more liveable and attractive. Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability. Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate. Require development to include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context. Ensure sensitive landscape areas such as the bays and coastlines are protected and that new development does not detract from their natural quality. Ensure transport corridors integrate land use planning, urban design and transport planning and are developed and managed with particular attention to urban design aspects. Encourage retention of existing vegetation or revegetation as part of subdivision and development proposals Neighbourhood and Subdivision Design Objective To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods.

17 Development Hearings Panel Page 17 Strategy In the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to create liveable and sustainable communities by: Contributing to an urban structure where networks of neighbourhoods are clustered to support larger activity centres on the regional public transport network. Creating compact neighbourhoods that have walkable distances between activities and where neighbourhood centres provide access to services and facilities to meet day to day needs. Creating a range of open spaces to meet a variety of needs with links to open space networks and regional parks where possible. Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people. Contributing to reducing car dependence by allowing for: o Convenient and safe public transport. o o Safe and attractive spaces and networks for walking and cycling. Subdivision layouts that allow easy movement within and between neighbourhoods. o A convenient and safe road network. Creating a strong sense of place because neighbourhood development emphasises existing cultural heritage values, well designed and attractive built form, and landscape character. Protecting and enhancing native habitat. Environmentally friendly development that includes improved energy efficiency, water conservation, local management of stormwater and waste water treatment, less waste and reduced air pollution. Being accessible to people with disabilities. Developing activity centres that integrate housing, employment, shopping, recreation and community services, to provide a mix and level of activity that attracts people, creates a safe environment, stimulates interaction and provides a lively community focus Cultural Identity and Neighbourhood Character Objective To recognise and protect cultural identity, neighbourhood character and sense of place. Strategies Ensure development responds and contributes to existing sense of place and cultural identity. Ensure development recognises distinctive urban forms and layout and their relationship to landscape and vegetation. Ensure development responds to its context and reinforces special characteristics of local environment and place by emphasising:

18 Development Hearings Panel Page 18 The underlying natural landscape character. The heritage values and built form that reflect community identity. The values, needs and aspirations of the community Energy and Resource Efficiency Objective To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. Strategies Ensure that buildings and subdivision design improves efficiency in energy use. Promote consolidation of urban development and integration of land use and transport. Improve efficiency in energy use through greater use of renewable energy. Support low energy forms of transport such as walking and cycling Heritage Conservation Objective To ensure the conservation of places of heritage significance. Strategies Identify, assess and document places of natural and cultural heritage significance as a basis for their inclusion in the planning scheme. Provide for the protection of natural heritage sites and man-made resources and the maintenance of ecological processes and biological diversity. Provide for the conservation and enhancement of those places which are of, aesthetic, archaeological, architectural, cultural, scientific, or social significance, or otherwise of special cultural value. Encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations. Retain those elements that contribute to the importance of the heritage place. Encourage the conservation and restoration of contributory elements. Ensure an appropriate setting and context for heritage places is maintained or enhanced. Support adaptive reuse of heritage buildings whose use has become redundant.

19 Development Hearings Panel Page Housing Planning should provide for housing diversity, and ensure the efficient provision of supporting infrastructure. New housing should have access to services and be planned for long term sustainability, including walkability to activity centres, public transport, schools and open space. Planning for housing should include providing land for affordable housing Integrated Housing Objective To promote a housing market that meets community needs. Strategies Increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land. Ensure that the planning system supports the appropriate quantity, quality and type of housing, including the provision of aged care facilities, supported accommodation for people with disability, rooming houses, student accommodation and social housing. Ensure housing developments are integrated with infrastructure and services, whether they are located in existing suburbs, growth areas or regional towns. Encourage housing that is both water efficient and energy efficient. Facilitate the delivery of high quality social housing to meet the needs of Victorians Location of Residential Development Objective To locate new housing in or close to activity centres and in urban renewal precincts and sites that offer good access to jobs, services and transport. Strategies Increase the proportion of new housing in designated locations within established urban areas and reduce the share of new dwellings in greenfield and dispersed development areas. Encourage higher density housing development on sites that are well located in relation to jobs, services and public transport. Ensure an adequate supply of redevelopment opportunities within established urban areas to reduce the pressure for fringe development. Facilitate residential development that is cost-effective in infrastructure provision and use, energy efficient, incorporates water efficient design principles and encourages public transport use.

20 Development Hearings Panel Page 20 Identify opportunities for increased residential densities to help consolidate urban areas Housing Diversity Objective To provide for a range of housing types to meet increasingly diverse needs Strategies Ensure housing stock matches changing demand by widening housing choice, particularly in the middle and outer suburbs. Encourage the development of well-designed medium-density housing which: Respects the neighbourhood character. Improves housing choice. Makes better use of existing infrastructure. Improves energy efficiency of housing. Support opportunities for a wide range of income groups to choose housing in well-serviced locations. Ensure planning for growth areas provides for a mix of housing types and higher housing densities in and around activity centres. Local Planning Policy Framework Municipal Strategic Statement Coastal Environments The objective of Clause of the Municipal Strategic Statement is to: protect, maintain and enhance the coast, estuaries and marine environment. respect and manage coastal processes. Strategies Focus urban coastal development within existing urban settlements. Prevent lineal urban sprawl along the coast. Avoid the loss of, and wherever possible increase, public access to the foreshore environment. Restrict development on primary dunes. Ensure the potential for existence of acid sulphate soils adjacent to coastal and wetland locations is considered. Limit the number of stormwater outlets to the coast. Setback future land use and development from coastal areas, estuaries and coastal wetlands to provide a buffer which is adequate to accommodate coastal recession and the landward migration of coastal wetland vegetation communities such as mangroves and salt marshes.

21 Development Hearings Panel Page Urban consolidation The objective of Clause of the Municipal Strategic Statement is to: provide for the consolidation of existing urban areas in a managed way. encourage an appropriate range of development densities. improve accessibility to urban services. Strategies Manage urban consolidation and housing change across the municipality, by: 0. Accommodating medium and high density housing in Key Development Areas (as defined by the maps included in this clause). 1. Maximising opportunities for housing within Increased Housing Diversity Areas (as defined in Clause Increased Housing Diversity Areas) by accommodating; high density housing in the activity centres consistent with their primary commercial and retail role; and medium density housing in residential areas with more intensive development being located closest to the core of activity centres. 2. Supporting appropriate medium density housing in the General Residential Zone (Schedule 1) areas. 3. Providing for incremental change in the General Residential Zone (Schedule 2) areas. 4. Limiting change in the Neighbourhood Residential Zone areas. Encourage medium density housing in the Mixed Use Zone. Require retirement accommodation to be located within urban areas, preferably within close proximity to existing or proposed activity centres and public transport facilities Neighbourhood character The objective of Clause of the Municipal Strategic Statement is to: manage the impact of urban change on existing neighbourhoods. ensure that new development responds to the existing neighbourhood character. protect areas with a significant garden character. protect areas with views to significant landscape features. Strategies Acknowledge that neighbourhood character in the Increased Housing Diversity Areas will adapt and evolve over time, particularly within and on the edges of activity centres, where land use and development will intensify. Ensure that development is responsive to the established character of the area. Support appropriate medium density housing that respects the existing neighbourhood character in the General Residential Zone areas.. Ensure that development in the transition areas of the Residential Growth Zones is responsive to and respectful of the neighbourhood character in any adjoining residential zones. Support the redevelopment of dwellings owned by the Office of Housing, as part of urban renewal initiatives. Retain existing vegetation wherever possible, particularly vegetation that contributes to the municipality s tree canopy. Avoid gated communities.

22 Development Hearings Panel Page 22 Maintain the character of the Rural Living and Low Density Residential Zoned areas. Ensure that dwellings and extensions to dwellings over 7.5 metres have regard to the design objectives and decision guidelines of Schedule 14 to the Design and Development Overlay Heritage and identity The objective of Clause of the Municipal Strategic Statement is to: ensure that urban development enhances Geelong s sense of place and identity. conserve and enhance individual places and areas of pre and post contact cultural heritage significance. Strategies Protect places of Aboriginal cultural heritage significance. Retain culturally significant heritage places and areas recognised as being of State, regional, local and contributory significance. Ensure that the use and development of a heritage place contributes to its heritage significance and longevity. Encourage the design of new development in heritage areas to provide for a contemporary interpretation that relates to the location, bulk, form and materials of existing and/or neighbouring significant buildings The Bellarine Peninsula The objective of Clause of the Municipal Strategic Statement is to: protect and enhance the rural and coastal environment on the Bellarine Peninsula and maintain non-urban breaks between settlements. facilitate the development of Ocean Grove, Drysdale/Clifton Springs and Leopold as hubs of development and service provision on the Bellarine Peninsula. In all other townships on the Bellarine Peninsula provide retail, commercial and community uses and facilities that serve the daily needs of the community and encourages street based activity. provide for sustainable industrial, commercial, retail, agricultural and tourism development in designated locations, to service the wider Bellarine community. preserve the individual character, identity and role of each Bellarine township. Strategies Ensure that development responds to the identity and character of the individual township in which it is located. Protect rural and coastal environments from inappropriate urban encroachment. Ensure land use and development proceeds generally in accordance with the relevant Structure Plan maps included in this Clause. Ensure that development outside of settlement boundaries (as shown in the Structure Plan maps included in this clause) does not compromise the rural, environmental and landscape values of the non-urban breaks or longer term growth opportunities. Direct the bulk of residential growth and retail development to Ocean Grove, Drysdale/Clifton Springs and Leopold consistent with the relevant Structure Plan maps included in this clause. Direct bulky goods retailing and industrial development to existing and future areas as identified in Structure Plan maps included in this clause. Barwon Heads:

23 Development Hearings Panel Page 23 o Maintain a compact urban form and avoid outward sprawl. o Protect the unique character of Barwon Heads as a coastal village located within a sensitive environment and significant landscape setting. o Ensure the Hitchcock Avenue shopping centre remains the focus of retail activity in Barwon Heads. o Restrict new commercial development to the existing business and mixed use zones in Hitchcock Avenue between Bridge Road and Ozone Road and the south side of Bridge Road. o Ensure new housing development complements the character of Barwon Heads and provides for a variety of housing sizes and types. Support the continued development of 13th Beach Support the continued development of 13 th Beach Resort as a tourist destination. Continue upgrading the Barwon Heads Village Park and foreshore reserves in accordance with established master plans. Support development of appropriate tourist accommodation around the Barwon Heads town centre. Local Planning Policies Flinders Heritage Area The objective of Clause of the Local Planning Policy Framework is to: retain and enhance the streetscape qualities of this area, including the nature strips, gravel verges, open drains, short span concrete kerbing and paving, and the important visual connections with the Barwon Heads Park and the tea-tree reserve fronting Flinders Parade; retain and enhance the significant urban foci in the precinct, including: the Morton Bay Fig and Pine trees immediately south of the Barwon Heads Hotel fronting Ewing Blyth Drive; Palm Tree at 17 Ozone Road; Norfolk Pine and Monkey Puzzle trees at 1-3 Ozone Road; jetties at the eastern end of Ozone Road and east of the Barwon Heads Park, corner store at 1 Flinders Parade, and the substantial pine trees along the northern end of the Reserve (Frank Ellis) and along the southern end of Seaview Avenue; retain and enhance the important treed landscapes along the Barwon River frontage: Barwon Heads Park and the Reserve (Frank Ellis); retain and enhance the range of large, medium and small scale residential buildings and the medium scale corner store within the Heritage Overlay Area; retain and enhance the intact examples of Late Victorian, Edwardian, Federation and interwar Bungalow style, single and double storey detached buildings; retain the uniformity of large front and side setbacks and side driveways, building separation and subdivision, and single and double storey heights throughout the Heritage Overlay Area; retain and enhance the existing topography and widths of the streets within the Heritage Overlay Area; encourage contemporary interpretation of traditional building design within the Heritage Overlay Area, which includes detached buildings, hipped and/or gabled roofs, verandahs, and minimal timber detailing; encourage the use of traditional construction materials which includes horizontal timber weatherboard wall cladding, timber framed windows, brick chimneys and unpainted, nonzincalume (non-highly reflective zincalume) corrugated sheet metal roofing; encourage the use of appropriate fence types, designs and locations, with a height no greater than 1300mm;

24 Development Hearings Panel Page 24 encourage the appropriate development, form and scale of garages and/or carports, with a location at the rear or recessed at the side of the significant and/or infill buildings Increased Housing Diversity Areas The objective of Clause of the Local Planning Policy Framework is to: evolve the character of these areas through more intensive development. ensure that the density, mass and scale of residential development is appropriate to the location, role and character of the specific IHDA. ensure development makes a positive architectural and urban design contribution to the IHDA. promote a diversity of housing types to cater to a variety of lifestyle needs. promote walking trips and pedestrian safety within the IHDAs. ensure that streetscape character in heritage areas is maintained. encourage new development to provide a high level of on-site amenity for future residents. Referrals Internal Heritage Advisor: I have reviewed this proposal for the partial demolition and the construction of eight, three storey dwellings at 1 Flinders Parade, Barwon Heads, as shown on the drawings datestamped 20 June The corner store has local significance, the site being identified by HO1668 (external paint controls apply). It is surrounded by the Flinders Heritage Area identified by HO1649. I confirm that I have been involved in a pre-application meeting on 20 October Significance of Subject Site The statement of significance for the corner store at 1 Flinders Parade is outlined in the heritage assessment prepared as part of Amendment C49 as follows: The corner store, 1 Flinders Parade, Barwon Heads, has significance as a predominantly intact commercial building of an interwar Bungalow style. It represents a physical legacy of the architectural and infrastructure developments near the Barwon River foreshore in the early 20 th century. Built in 1934, the corner store is the last surviving refreshment building/kiosk built near the Barwon Heads foreshore to accommodate the increased tourist trade. The corner store also makes an important contribution to the heritage values of the Flinders Heritage Area. It is critically situated near the proposed original gateway to the Great Ocean Road that resulted from the construction of the Barwon Heads Bridge in The corner store has strong visual connections to other significant natural and cultural heritage features in this important area, including the Barwon Heads Bridge, Barwon River and river mouth, the Bluff, foreshore retaining walls, and the reserves. The building appears to be in good condition when viewed from the street.

25 Development Hearings Panel Page 25 The corner store at 1 Flinders Parade is architecturally significant at a LOCAL level (AHC Criteria D.2, E.1). A modest commercial building, it demonstrates original design qualities of an interwar Bungalow style. These qualities include the two hipped roof forms that traverse the site, together with the chamfered building edge that enables the store to address the prominent corner location. Other intact or appropriate qualities include the asymmetrical composition, single storey height, modest scale, unglazed terra cotta roof tiles, unpainted brick wall construction (apart from the early signage), wide eaves with exposed timber rafters, terra cotta finials and ridge ornamentation, brick chimney with a terra cotta pot, large timber brackets that support the eaves at the building corner, elaborate timber framed three-lighted highlight window with leadlighting, elaborate pair of timber framed double hung windows on the Flinders Parade frontage, timber framed double hung window (Flinders Parade frontage), corner door opening with panelled timber framed and glazed double doors, and the window opening (albeit enlarged) towards the rear fronting Bridge Road. The 25arapeted wing fronting Flinders Parade (apart from the overpainting) also contributes to the significance of the place. The corner store at 1 Flinders Parade is historically significant at a LOCAL level (AHC Criteria A.4, H.1). It is associated with the Barwon Heads Estate Company subdivision of 1890 and especially with the building growth in Barwon Heads in the early 20 th century as a result of the increased popularity of the area as a holiday resort. Significantly, the corner store is situated at the proposed original gateway to the Great Ocean Road as a result of the construction of the Barwon Heads Bridge in The advent of the motor car and the construction of the bridge enabled Barwon Heads to become more readily accessible for tourists. The store has particular associations with George Golightly, original owner, who had the building constructed in Golightly owned a number of properties in Barwon Heads, including the Mount Colite Hotel that was a local landmark. The corner store at 1 Flinders Parade is socially significant at a LOCAL level (AHC Criterion G.1). It is recognised and valued by sections of the Barwon Heads community as an important local heritage landmark. It is also recognised as a legacy of the early commercial developments in Barwon Heads to cater for the increased tourist trade in the early 20 th century. Overall, the corner store at 1 Flinders Parade is of LOCAL significance.

26 Development Hearings Panel Page 26 An early photograph of the corner store is as follows: Corner store, 1 Flinders Parade, Barwon Heads, c Source: Martin Klabbers. 2.0 Proposed Demolition No demolition plan has been provided to fully inform the proposed partial demolition on the site. The submission of a demolition plan is advised showing all the fabric proposed for removal. Based on the submitted drawings, the demolition includes: Removal of the dwelling in the rear yard. Removal of boundary fencing and fencing within the rear yard. Removal of rear skillion additions to corner store. Removal of the northern parapeted wing fronting Flinders Parade. As the dwelling in the rear yard and existing fencing have no heritage value, there will be no adverse affect with its demolition. At issue is the complete demolition of the north parapeted wing. The statement of significance for the corner store includes the following: The parapeted wing fronting Flinders Parade (apart from the overpainting) also contributes to the significance of the place. Consequently, there will be some adverse affect with this aspect of demolition. It is suggested that the front (east/flinders Parade) parapeted wall is retained as part of the construction of a new timber pergola behind it. This could involve the original window opening being lowered for another door opening if required. Details should be provided, including hand-removal of bricks (to minimise damage to retained wall) and mortar repairs to be of the same strength (composition/mix), texture and colour as existing. The removal of the rear skillion wings attached to the corner store will have no adverse affect. It is not identified as significant fabric.

27 Development Hearings Panel Page Proposed Additions to Corner Store A modest, single storey and narrow addition is proposed to the rear (west) of the corner store, accommodate amenities, kitchen and bin room. This addition is to project beyond the north wall plane of the corner store, but be recessive of the south elevation which has exposure to Bridge Road. Glazing is proposed on the south elevation of the flat-roofed addition, but the external materials and finishes are unclear. Given the recessive location, modest scale and connection of the new work under the existing eaves, there should be no adverse affect. The addition will ensure the visual prominence of the corner store and the integrity of the rear and northern eaves. Documentation on the drawings of the proposed external materials is advised. 4.0 Proposed Paint Removal Corner Store The proposed includes the removal of the external paint from the external brick facades of the corner store, the making good of existing brickwork and the provision of new windows in the existing openings. No details have been given on the paint removal process (this should be approved chemical method), repair methods for the brickwork, and the replacement window framing construction and window design. It is suggested that this information is supplied for assessment. It is also noted that there has been a very recent pre-application meeting with another party in relation to the retention of the existing exterior overpainting. The most ideal heritage outcome is paint removal, however, if the existing external colour is retained, this is considered maintenance and therefore permit exempt (under the heritage overlay). This should be clarified with the applicant. 5.0 Proposed Dwelling Development Eight, three storey dwellings are proposed in the rear yard of the corner store, comprising two building masses connected by recessed link. The designs of the two masses are to comprise regular two storey bays articulated by expressed two storey timber posts (which are to extend to form the posts of glazed balustrades for the third storey apartments). The bays are to be infilled with a combination of glassed (black powder-coated windows and doors) and vertical timber boards on the east and south elevations, the two eastern-most bays of each dwelling being recessed on the first floor level to form balconies with glazed balustrades. On the side (north) elevation, the wall planes are largely to be rendered (Dulux Teahouse colour mid to dark grey), the first floor walls to feature projecting, angled vertically boarded window screens to the vertically oriented windows. The flat-roofed link on this north elevation is to be constructed of both a rendered finish and a privacy screen of horizontal aluminium slats (black colour). The west (rear elevation) is largely to have a rendered finish (Dulux Teahouse colour), with horizontally aligned black powder-coated aluminium privacy screen above. The walls are to be punctuated by aluminium framed windows. Crowning the two main rectangular masses are to be third level apartments with contrived, shallow-pitched, broken skillion roof forms with broad eaves (the proposed roof cladding is not annotated on the drawings). These third level roof forms (and apartments) are to be recessive from the second floor level and are to be enveloped by roof terraces/balconies. Copper interlocking seam cladding is proposed, but the location is not clear (there is no specific annotation for this external cladding on the drawings). Below the three storey apartments a basement is proposed, with vehicular access from a ramp (having a colour concrete pavement) on the north side (entered from Flinders Parade).

28 Development Hearings Panel Page 28 As outlined in the Decision Guidelines at Clause , at issue is whether: The proposed apartment development will have an adverse affect on the significance of the place (the place being the corner store, and more broadly, the Flinders Heritage Area). The location, bulk, form or appearance of the proposed apartment development will adversely affect the significance of the corner store and Flinders Heritage Area. The location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place. Further informing the assessment, as outlined in the Decision Guidelines is: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Of particular relevance to this assessment are the following Clauses in the Greater Geelong Planning Scheme: Clause 22.09: Cultural Heritage Relevant Objectives To encourage development to be undertaken in accordance with the accepted conservation standards of the ICOMOS Burra Charter. To conserve and enhance the natural or cultural features of an aarea or site and to ensure that any alterations or development complement their form and appearance. To ensure that new development and external alterations of existing buildings make a positive contribution to the built form and amenity of the area. Clause 22.36: HO1649 Flinders Heritage Area Relevant Objectives To retain and enhance the significant urban foci in the precinct including: the Morton Bay Fig and Pine trees immediately south of the Barwon Heads Hotel fronting Ewing Blyth Drive; corner store at 1 Flinders Parade To retain and enhance the range of large, medium and small scale residential buildings and the medium scale corner store within the Heritage Overlay Area; Relevant Policy The policy promotes buildings that: Draw on traditional architectural characteristics. Area detached, single storey or double storey buildings. Are composed of hipped and/or gabled roof forms with a pitch between 25 and 35 degrees. Have narrow or wide eaves. Feature rectangular timber framed windows. Employ traditional building materials, including horizontal timber weatherboard wall cladding or an alternative to horizontal weatherboard cladding is a smooth render over masonry. Are constructed of non-zincalume (non-highly reflective zincalume) corrugated sheet metal roofing. Have rear or recessive garages and/or carports. Any applicable statement of significance, heritage study and any applicable conservation policy.

29 Development Hearings Panel Page 29 Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place. Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place. Whether the proposed works will adversely affect the significance, character or appearance of the heritage place. Assessment Influential in this assessment is the importance of the corner store at 1 Flinders Parade, Barwon Heads, as a traditional low-scale landmark at the original entrance to the Great Ocean Road. Given its exposed siting, this building has traditionally retained its landmark status, notwithstanding the neighbouring two storey hipped and flat-roofed dwellings to the north at 3 and 5 Flinders Parade, and the Barwon Heads Hotel to the south. Surprisingly, the dwelling at 3 Flinders Parade is not identified in the Greater Geelong Outer Areas Heritage Study 2000 (which forms the basis for the heritage overlays at Barwon Heads). This dwelling was built in 1913 to a design by the Geelong architects, Tombs and Durran, for Alan and Lizzie Belcher (and first named Bringagee ). In recent years, improvements have been made to this dwelling, enhancing its character (it had experienced alterations). Other immediately neighbouring dwellings to the north have noticeable front setbacks to Flinders Parade, including the introduced two storey flat-roofed dwelling at 5 Flinders Parade, Wurrook at 7 Flinders Parade (a locally significant gabled Bungalow with attic built c as an extension to a smaller cottage erected in c.1905) and a locally significant single storey gabled Bungalow at 9 Flinders Parade (built in 1934 for Florence Windeyer). These noticeable front setbacks have allowed the corner store to maintain sufficient prominence along this foreshore area of the Flinders Heritage Precinct. Similarly, the Barwon Heads Hotel, being another traditional landmark, is substantially recessive of the corner store and the Barwon River foreshore. View of early dwellings at 3, 7 and 9 Flinders Parade (left, centre and right respectively), Barwon Heads, n.d. (post 1934) showing the traditional scale of development. Source: Martin Klabbers, Barwon Heads.

30 Development Hearings Panel Page 30 Aerial view of Barwon Heads in 1950, showing the larger-scaled (2 storey) Barwon Heads Hotel (centre), and dwellings at 5, 7 and 9 Flinders Parade (right) being highly recessive of the corner store. Source: Martin Klabbers, Barwon Heads. Setting aside the issue of bulk and scale, the design of the proposed development, is considered to be dynamic and highly contemporary. The regular arrangement of expressed timber posts, large glazed bays and balconies should provide for a more transparent design outcome compared to the previous proposal for this site in The roof forms also make vague reference to traditional roof forms in an innovative way. Overall, the design for the current application is unlike the immediately neighbouring dwellings and the corner store, most of which date from the early 20 th century. In this regard, the proposal does not accord with the heritage policy which encourages the provision of traditional construction materials, hipped and/or gabled roof forms and timber framed windows. Yet, the design of new work does not have to be in keeping with the character and appearance of adjacent buildings and the corner store if there is not considered to be any adverse affect on the significance of the place. There is considered to be sufficient diversity in designs, built forms and construction materials in the neighbouring buildings in this part of the heritage area to give impetus for a design that diverges from a traditional approach.

31 Development Hearings Panel Page 31 However, while the proposed design might provide a dynamic solution, the difficulty with this application from a heritage viewpoint is that the proposed bulk and scale will be visually substantial. This is because the new work will three storeys high, of contextually greater mass (than neighbouring dwellings) and because it will be immediately behind the modestly-scale corner store landmark and forward to the front setbacks of the neighbouring dwellings fronting Flinders Parade. Although there has been a third level addition to the dwelling immediately south of the subject site (at 2 Bridge Road) in the past 20 years, the proposed apartment development will create a new landmark in this key part of the Flinders Heritage Area. Arguably, it has the potential to undermine the significant heritage landmarks (such as the corner store) and neighbouring significant dwellings as a consequence of the greater visual prominence caused by the greater height, bulk and mass, and siting. As outlined at the preapplication, the heritage assessments of the previous apartment proposals for this site in 2005 and 2006 remain relevant to this assessment. It was advised at the pre-application meeting that the superimposition of the current proposal with the proposal of 2006 should be carried out. This was (and is) considered critical in determining whether the appearance of additional mass, bulk and height is substantial or marginal, as viewed from Flinders Parade and the Barwon Heads Bridge. This information is encouraged but in its absence, a comparison between this current proposal and that which was supported in 2006 indicates that this current application will have greater height and bulk, and therefore an adverse affect. It is recognised that subsequent to the apartment proposal in 2006 the site is now part of an Increased Housing Diversity Area and is situated in the Residential Growth Zone 3. Although any proposal under the heritage overlay might therefore be tempered by these later provisions, Clause provides sufficient guidance on new sympathetic development in heritage areas. In particular the following is highly relevant to this application: Relevant Policy Basis New housing in the form of units, townhouses, terrace housing and apartments will depart from traditional detached housing. In doing so it will respond to unique characteristics of an area such as heritage, significant vegetation, topography and views, which may reduce the development potential. For areas of heritage significance, new development should balance the preservation and restoration of the identified heritage place and other opportunities for new housing. Relevant Objectives To ensure that streetscape character in heritage areas is maintained. Policy Ensure that development in or adjacent to heritage places is sympathetic and respects the significance of the place.

32 Development Hearings Panel Page 32 Notwithstanding the provision of superimposed images as previously outlined, the above policy basis, objectives and policy are considered to give sufficient weight to a proposed development at 1 Flinders Parade that responds more fully to the bulk and height of the proposed apartment development of This would ensure a balance between the retention of heritage values for the site and the precinct, whilst giving opportunities for a housing development. Where previous three storey housing developments having been proposed and supported in the Flinders Heritage Area (from a heritage viewpoint), they have been for substantially more recessive sites where views of the upper portions of the new work were considered to be less intrusive. The difference with this site is that it has greater heritage sensitivity by virtue of its exposed central location as part of the important coastal landscape backdrop (when viewed from Flinders Parade, the Barwon Heads Bridge and the Barwon River), and its close proximity to the corner store and other buildings of heritage significance. It is suggested that the upper-most floor of the eastern-most built form is removed to provide an incremental increase in height and bulk which may mitigate some of the adverse affect. 6.0 Proposed Fencing High solid stone walls punctuated by central open entry and vertical metal picket fenced bays and pedestrian gates is proposed on the east (Bridge Road) boundary. While this stone wall will be more visually imposing compared to the existing timber paling fencing, it is recognised that there is currently a high fence along this boundary and that the wall will not be situated in or adjacent to part of the heritage area with intact street fencing. 7.0 Recommendations It is recommended that: 1. The proposed partial demolition is supported except for the complete demolition of the parapeted east wall adjoining the north end of the corner store (fronting Flinders Parade). The enlargement of an additional window or door opening could be considered (as advised). 2. The proposed recessive single storey additions and pergola to the corner store are supported subject to the provision of annotations of all proposed external materials, finishes and colours. 3. The proposed external paint removal process, brick repair process and framing construction and design for the proposed window replacement (in existing openings) in the corner store are documented. Given the recent informal proposal to retain the existing external wall colour, this aspect of the application could also be clarified. 4. The proposed extent of the apartment development is reconsidered so that that bulk and height more fully accord with the previously approved apartment application for this site in It is suggested that the proposed development is superimposed over the previous proposed to clearly show the increase in height and bulk of this proposal, and that the proposal responds to the height, bulk and location of the previously approved proposal. It is also suggested that the upper floor of the eastern-most portion of the apartment development is deleted to mitigate some of the visual prominence of the proposal on the heritage place. 5. The proposed stone wall and metal fencing and gates on the east boundary (fronting Bridge Road) is supported.

33 Development Hearings Panel Page 33 Engineering Department Drainage: The site falls to the east and the LPOD is the Junction Pit Bridge Road. The property is very close to the outlet for the drainage catchment. It has been deemed that retardation is not required for the development. Vehicle Access & Car Parking: The relocation of the vehicle access from Bridge Road to Flinders Parade is supported. There is only a narrow nature strip in Flinders Parade, currently with footpath full width. The layback must be constructed with 1.2m wide wings and transition, similar to Pedestrian Crossings in Paved areas CGG607. The footpath level at the property line is not to be lowered. It is the designer s responsibility to ensure that the internal driveway design will not cause vehicles to scrape on the crossover. Flooding & Coastal Inundation: The property is not declared flood prone, however information available to Council indicates that the kerb and channel in Flinders Parade acts as a flow path during a major storm event. It is recommended that the ramp to the basement has a crest a minimum of 300mm higher than the back of kerb height to provide freeboard to the basement during a major storm event. Permit Conditions: The following conditions must be placed on the planning permit: Drainage & Vehicular Access: a) Prior to the occupation of the dwellings / statement of compliance, the developer must construct: a. the site stormwater system including connection for the common property drainage to the junction pit in Bridge Road, or other nominated point/s as approved by the Responsible Authority. The stormwater connection must be in accordance with City of Greater Geelong Standard Drawings. b. vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong. The layback must be constructed with 1.2m wide wings and transition, similar to Pedestrian Crossings in Paved areas CGG607. The footpath level at the property line is not to be lowered to construct the driveway c. Any redundant vehicular crossings must be removed, kerb and channel reinstated and the footpath/nature strip area reinstated to match existing construction in the street; all to the satisfaction of the Responsible Authority.

34 Development Hearings Panel Page 34 Note: 1. Construction of the site stormwater connection/s is to be inspected by Council Representative prior to any backfilling. An appropriate fee equivalent to 3.25% of total cost of civil works, excluding GST (a minimum fee of $100 applies if the 3.25% amount is less than $100), is to be paid to Council for inspection. Relevant evidential documentation of the cost is to be provided. 2. All internal property drainage must be designed and constructed to satisfy AS/NZS A Vehicle Crossing Permit must be obtained prior to commencement of works. Car Parking b) Prior to the occupation of the dwellings / statement of compliance, the developer must construct the car park including accessways, surface with an all-weather sealed coat and linemark the car and accessways in accordance with the endorsed plans to the satisfaction of the Responsible Authority. Common Access Road c) Prior to the occupation of the dwellings, the common access road within the development shall be constructed and drained with an all-weather sealed coat to the satisfaction of the Responsible Authority DRAINAGE NOTES Flooding While a detailed flood assessment has not yet been completed and endorsed by Council, it is known that Flinders Parade acts as an overland flow path during major events. Best available information is that the driveway to the basement carpark should have a crest / hump a minimum of 300mm above the back of kerb level to provide adequate freeboard to the basement during a major storm event. Flooding Overland Flow Paths The Applicant is also advised to seek comment from the building surveyor on the requirement, if any, for overland flow paths to be provided on the site to convey major flows through the site in accordance with AS3500 Driveway Design It is the responsibility of the designer to ensure that the internal driveway design caters for the appropriate design vehicle when transitioning off the vehicle layback as specified. Traffic Engineer Car Parking Provision Statutory Parking requirements Clause , Table 1: Residential: 1 car parking space to each one or two bedroom dwelling, 2 car parking spaces to each three or more bedroom dwellings and one (1) car parking space for visitors to each 5 dwellings. Food and Drink Premises: 4 car parking spaces to each 100 m2 of leasable floor space, and Statutory Parking requirements under Clause 52.07, 1 loading space.

35 Development Hearings Panel Page 35 Proposed parking provision is fourteen (14) car parking spaces on the ground floor of the building 7 spaces within the two Level Wohr Combilift 551 car stacker 6 standard carpark spaces 1 disabled parking space The statutory car parking demand has been satisfied for the 8 residential dwellings, minus the visitor space. A waiver has been requested for the provision of one (1) visitor parking space, 2 commercial parking spaces and 1 loading parking space. A Traffic Report by Ratio has been submitted by the applicant assessing available parking within the area and detailing the parking and loading demand generation of the proposed development. CoGG Traffic Comments: The waiver of the one (1) visitor parking space, is not expected to cause a considerable detriment to the amenity of the area. The Food and Drink premises is located close to the commercial and recreational areas of the town with the high likelihood of multi-purpose trips. A loading space is currently provided at Flinders Parade, in front of the subject site. The waiver of the loading space is supported as existing, on street loading space can be utilised to serve the needs of the Food and Drink premises. The parking waiver request is supported. Bicycle Parking Provision Three bicycle parking spaces are proposed to be provided for the residential part of the development. CoGG Traffic Comments: Proposed bicycle parking is satisfactory. Vehicle Access The proposal is to provide vehicle access from Flinders Parade, via a 3.6 m wide ramp to the carparking area. CoGG Traffic Comments: Ramp gradients and height clearance are satisfactory. There is no information as to changes required to existing parking signage and linemarking within Flinders Parade for the installation of the proposed vehicle crossing. A Signs and Linemarking Plan must be provided detailing all sign and linemarking changes required as a result of the proposed vehicle access. All costs associated for these changes must be borne by the applicant. Proposed vehicle crossing must be to the specifications and satisfaction of the Responsible Authority.

36 Development Hearings Panel Page 36 Pedestrian Provision CoGG Traffic Comments: Pedestrian access to the commercial premises must be DDA compliant and lit appropriately. Pedestrian safety envelops must be provided on both sides of the vehicle crossing accessing Flinders Parade from the subject site. Traffic Generation CoGG Traffic Comments: The traffic generation from proposed development is expected to be absorbed within existing road network at this location. Other Waste collection: CoGG Traffic Comments: The waste collection method detailed in the Waste Management Report submitted by the applicant is satisfactory from the Traffic Engineering perspective. Please refer to CoGG s Waste Management area for further comments. RECOMMENDED PERMIT CONDITIONS The parking waiver of 3 parking spaces and one loading bay request is supported. The application will be supported subject to the following conditions: 1. Vehicle crossings: Before the use begins, redundant vehicle crossings must be removed and kerb, channel and footpath reinstated. The new vehicle crossings must be constructed in accordance with the endorsed plan(s) to the specifications and satisfaction of the Responsible Authority, and shall comply with the following: a. Driveways must be sealed in an impervious surface b. Accessway must cross the road reserve boundary at right angles c. Proposed vehicle crossing shall have satisfactory clearance to any existing utility pole or pit. d. Vehicle crossing must be constructed to the specifications and satisfaction of the Responsible Authority 2. Construction Management plans must be provided to the satisfaction of the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must show but not be limited to: a. Construction stages b. Duration of the construction stages c. Proposed access to the site for all construction stages d. Location of site huts and amenities for all construction stages e. Proposed Materials hauling route f. Swept path diagrams for the longest vehicle expected to access the site g. Size, type and numbers of vehicles expected to be requiring access to the side during the different construction stages h. Location of parking facilities for construction vehicles

37 Development Hearings Panel Page Other issues: a. DDA compliance: All access points to the Commercial component of the proposal must be DDA compliant, and lit appropriately. b. Pedestrian sight distance splays: Pedestrian sight distance splays must be provided for the vehicle crossing. c. Signs and Linemarking Plan: A Signs and Linemarking Plan must be provided detailing all sign and linemarking changes required as a result of the proposed vehicle access. All costs associated for these changes must be borne by the applicant. d. Landscaping: Landscaping close to the vehicle access to be maximum of 0.9 m high to facilitate line of sight for exiting vehicles Waste Services Department The Waste Management Plan must be revised for the following issues. Rates of Waste and recycling generation to be at 240 litres combined recycling and waste per unit per week and the Waste Plan is to be revised for these volumes. Additionally the use of these dwellings for holiday rental should be considered through the high generation of waste and recyclables at certain periods of the year. The residential services may be provided by the City as the residential properties will be charged the residential Waste Services Charge. Therefore the residents or body corporate may elect in the future to request Council to provide a collection service for the 660 bins that service the residential apartments. Thus the Waste Plan must acknowledge and plan for this possibility. a) The revised waste plan must acknowledge that The Council Residential Waste Service Charge is still payable even though a Private Waste Contractor provides the residential recycling and waste collection services. b) The revised waste plan must acknowledge that If the Waste Plan endorses the use of a private contractor to collect the residential waste and recycling from the development, the Applicant must enter into an agreement under Section 173 of the Planning and Environment Act 1987 with the Responsible Authority prior to the Statement of Compliance being issued for the development. The Waste management Plan must recommend a slope by which mechanical assistance is required. Permit Conditions a) A Revised Waste Management Plan to the satisfaction of the Responsible Authority must be provided prior to certification of the subdivision for this Development. The Approved Waste Management Plan must be incorporated into the Planning Permit. b) If the Waste Plan endorses the use of a private contractor to collect the residential waste and recycling from the development, the Applicant must enter into an agreement under Section 173 of the Planning and Environment Act 1987 with the Responsible Authority prior to the Statement of Compliance being issued for the development. The agreement must be in a form to the satisfaction of the Responsible Authority, and the applicant must be responsible for the expense of the preparation and registration of the agreement, including the Responsible Authority s reasonable costs and expense (including legal expenses) incidental to the preparation, and enforcement of the agreement. The agreement will be registered on all the developments titles in accordance with Section 181 of the Planning and Environment Act The agreement must contain covenants to be registered on the Titles of the property so as to run with the land, and must provide for the following: c) The Council Residential Waste Service Charge is still payable even though a Private Waste Contractor provides the residential recycling and waste collection services. Planning Strategy

38 Development Hearings Panel Page 38 Draft Barwon Heads Structure Plan recommends changing the zoning of 1 Flinders Parade to General Residential Schedule 1 and applying a Design and Development Overlay Schedule: Barwon Heads Increased Housing Diversity Area. However, the Draft Structure Plan has not yet been adopted by Council and therefore this would currently have no statutory weight to the development proposal. The Draft Structure Plan will be reported to the 22 August Council meeting for adoption. A request to the Planning Minister to prepare and exhibit the Structure Plan as a planning scheme amendment will occur after this date and a planning panel would be likely sometime in the first half of EXTERNAL VicRoads VicRoads has considered the application and has no comments to make in relation to the proposal. AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION: The application was not amended prior to public notification. PUBLIC NOTIFICATION: The application is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act and pursuant to Section 52 of the Planning and Environment Act 1987 the following forms of advertising were undertaken: Notices were sent to owners and occupiers of adjoining land (including opposite) A3 signs were placed on the land Sixty-eight (68) objections have been lodged with Council. AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended prior to public notification. OBJECTIONS summarized below: Objection Inappropriate built form, over development of the site, out of character development and streetscape impacts Discussion later within this report, the proposed development is not considered to be a sensitive response when considering the neighbourhood character of the area. This view is based on the built form which is on intensive and excessive scale which does not appropriately draw from its surrounds or respond to its context. The prominent position of the subject site which is largely exposed to the public realm, means that the building will dominate the streetscape and will overwhelm the existing shop.

39 Development Hearings Panel Page 39 Due to the siting of the second floor and the proposal for a 1.8 metre high fence which is generally visually impermeable; It is considered that the streetscape impacts caused by the proposal warrant refusal of the application. The site s exposed location mean that any design needs to be carefully considered and it is not considered that this has been fully achieved with its proposal. In relation to over development, the subject site is located within an area that is appropriate for higher density development given its proximity to the Barwon Heads Activity Centre (Hitchcock Avenue). Whilst larger scale development is supported within this area given the zoning, it is the heritage overlay and strong existing character within the immediate area that warrants a carefully designed development which compliments the area. As mentioned above, the issue of concern with this proposed design relates to the built form and design generally of the second floor as well as the impacts that may occur to the significance of the heritage building located on the corner of the site. Objection Traffic and waiver of car parking concerns A referral was sent to both VicRoads and Council s internal Traffic Department for comment on the application. Neither of these referrals responded negatively to the application and support was given to the application subject to some minor conditions. It is determined that the increase of traffic to the local road network can be accommodated, with the proposed waiver of one (1) commercial space and one (1) visitor parking space on the site could be absorbed into the existing car parking available to the surrounding area. Objection Impacts to heritage significance It is noted that the development at it is proposed is likely to cause negative impacts to the significance of the existing heritage significance of the corner building. This is discussed further within this report however can be summarised as follows; The provided setback and overall building height closest to the existing heritage building is not considered to provide for a transitional design. This, in turn creates a visually dominating built form against the single storey significant building which detracts to primary focus from the corner store to the large scale development to the rear. An assessment against the Local Flinders Heritage Area Policy has been undertaken later within this report. Objection At odds with the Barwon Heads Structure Plan An assessment has been conducted against the Barwon Heads Structure Plan later within this report. Objection Amenity Impacts An assessment against Clause 55 was conducted as part of this application and can be found later within this report.

40 Development Hearings Panel Page 40 Objection Potential for groundwater The site is not flood prone, nor is it subject to coastal inundation when referencing Council s mapping systems. The Planning Scheme does not give direction in this situation relating to safeguarding development if in the event groundwater was struck during excavation. It is believed that this aspect will be undertaken during the building permit process. Assessment Residential Growth Zone The site is located within the Residential Growth Zone, the purpose of which is: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide housing at increased densities in buildings up to and including four storey buildings. To encourage a diversity of housing types in locations offering good access to services and transport including activity centres and town centres. To encourage a scale of development that provides a transition between areas of more intensive use and development and other residential areas. To ensure residential development achieves design objectives specified in a schedule to this zone. To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations. The application proposes an apartment building which will accommodate eight (8) dwellings on a lot that has good access to services, transport and an activity centre. The site is within 140m of the main street of Barwon Heads (Hitchcock Avenue) and is located within close proximity to a public transport route. The development is therefore considered to provide for an increase in housing diversity in an appropriate location as identified in the purpose to the zone. The works associated with the Section 2 Food and Drink Premises land use are not considered to be at odds with the purpose or decision guidelines of the zone. The proposed additions and alterations are considered to be relatively minor and be in-keeping with the existing scale of the area which will continue to serve the community s needs. Heritage Overlay & Flinders Heritage Area Demolition The proposed demolition of the existing dwelling and lean-to structures are not considered to result in impacts to the significance of the site as these structures are not mentioned within the statement of significance. As mentioned by the Council s Heritage Advisor; The statement of significance for the corner store includes the following: The parapeted wing fronting Flinders Parade (apart from the overpainting) also contributes to the significance of the place. Given the specific mentioning of the parapet wall within the statement of significance, it is considered that the removal of this parapet wall would directly results in some adverse

41 Development Hearings Panel Page 41 impact to the significance of the site. To allow for secondary street activation, it may have been beneficial if the permit applicant was to explore the recommendation made by Council s Heritage Advisor by creating a form of opening within this wall as this would retain significant fabric whilst slightly altering it. This would result in a more favourable outcome from a heritage retention point of view. The proposed paint removal is considered to enhance the significance of the site as documentation provided via the Council s Heritage Advisor demonstrates that the corner store was originally constructed with no external paint on the facades. Alterations and additions to existing corner store The proposed addition of a modern extension to the west of the corner store which will provide for a kitchen, toilet and bin storage area to the property is considered to have been designed so that it does not detract from the significance of the corner store. The addition will be of a flat room form and subservient to the main corner store which results in the addition not being visually dominating when looking at the corner store. With this addition being constructed predominately of glazing to the Bridge Road frontage, the addition is not considered to result in negative impacts to the heritage place. The provision of a pergola to the north of the existing building is also considered to be of an appropriate design outcome regarding the heritage property. The design of the pergola will be open which lessens any visual bulk to the site and is considered to complement the heritage place in lieu of existing conditions. Window and door alterations The infill of the existing door along the Bridge Road frontage is considered to be an enhancement of the property as this will transform the southern façade back to its original form which did not provide for a doorway upon reflection of historic photographs provided via the Council s Heritage Advisor. The existing windows are proposed to be replaced with bi-fold style windows and will require the minor widening of the existing window bays to the eastern façade. Although the window design is altered from its original form and will require some minor removal of existing brick work to the eastern façade, it is considered that there would be minimal impacts to the significance of the site upon completion. It is believed that the windows may be aluminium framed, however this material should be altered to timber framed to enhance the heritage values of the site. Dwelling Development The proposed dwelling development in the form of a three storey apartment building will be detached from the existing corner store, located to the west of the site. The ground and first floors are provided with a setback of 1.5 metres from the addition to the existing corner store, whilst the top floor will have a 3 metre setback from the corner store addition. A fundamental issue with the proposed dwelling development is how it relates to enhancing and retaining the significance of the existing corner store. As the existing significant building is single storey, the design of any development to the rear of this building must ensure that it does not visually dominate and detract from the significance of the site and in particular, the locally significant corner store building. Whilst the apartment building has been provided with a detached nature from the existing building, it is the built form, scale and massing of the proposed apartment building that is found to be at odds with the heritage overlay.

42 Development Hearings Panel Page 42 3d imagery and elevation plans submitted by the applicant clearly show that the proposed development is not subservient to the existing significant building and provides for a visually dominating form when comparing the single storey corner store to the remainder of the development. Due to the subject site being within a landmark position of Barwon Heads and having such a large exposure to the public realm via both Flinders Parade and Bridge Road, it is important for development of a large scale to be designed in such a way that would provide for a transitional form that would not detract from the significance of the site. The apartment proposal in its current form is not considered to reflect or enhance the significance of the heritage place. The contemporary design with such a large scale is also considered to be at odds with the heritage overlay and local Finders Heritage Area. Council s Heritage Advisor states: while the proposed design might provide a dynamic solution, the difficulty with this application from a heritage viewpoint is that the proposed bulk and scale will be visually substantial. This is because the new work will three storeys high, of contextually greater mass (than neighbouring dwellings) and because it will be immediately behind the modestly-scale corner store landmark and forward to the front setbacks of the neighbouring dwellings fronting Flinders Parade. Although there has been a third level addition to the dwelling immediately south of the subject site (at 2 Bridge Road) in the past 20 years, the proposed apartment development will create a new landmark in this key part of the Flinders Heritage Area. Arguably, it has the potential to undermine the significant heritage landmarks (such as the corner store) and neighbouring significant dwellings as a consequence of the greater visual prominence caused by the greater height, bulk and mass, and siting. Whilst contemporary design or modern interpretation of traditional built form and materials is generally encouraged within the heritage area, careful consideration must be given throughout the overall design to ensure that design aspects evident throughout the heritage area are reflected within the development. With diversity in dwelling designs within the Flinders Heritage Area, a contemporary design that differs from traditional built from may be considered as long as the adverse impacts to the significance of the place do not occur. The slight skillion form of roofing design is, as the heritage advisor suggested, vague interpretation of the pitched roof forms evident within the area, whilst the mix of timber cladding, glazing and timber posts lend an interpretation of traditional construction materials within the area. As mentioned above, it is the siting and scale of the proposed apartment development when coupled by the sites exposure and existing context that is considered to work against the current proposal providing a positive outcome under the Heritage Overlay and local Flinders Heritage Area. State and Local Planning Policy The Barwon Heads Structure Plan 2010 (which is a Reference under Clause 21.14) acknowledges that Barwon Heads is a small coastal village, with an open scale coastal setting, modest scale buildings and landscape features. Further to this, direction provided within the structure plan encourage development that provides for contemporary design that reflects existing scale, forms and materials within the area. The site is located within a location that would warrant some form of multi-dwelling development given its proximity to the Barwon Heads Activity Centre Zone and public spaces. The Residential Growth Zone and Clauses , , and 22.63

43 Development Hearings Panel Page 43 of the Greater Geelong Planning Scheme encourage residential development on a site such as the subject site, providing for greater opportunity for a more robust built form. However, it is important to note that whilst there is encouragement for residential development, these clauses amongst others require consideration also be given to heritage and neighbourhood character. While contemporary design is encouraged within the Barwon Heads area, it is important to be guided by State Planning Policy such as Clauses 15, & , , and Local Planning Policy found at Clauses , and which give consideration to neighbourhood character and heritage aspects. Although Clause (Increased housing diversity areas) encourages growth within certain areas, the Policy Basis does note that areas of heritage significance or of unique characteristics may reduce development potential as development should balance preservation of heritage areas and respond to the existing character. The design itself would provide for a diversity of housing type to the area and be of a high quality architectural design that incorporates a combination of horizontal and vertical articulation. However what cannot be avoided are the potential impacts to the streetscape within the heritage area which is noted to be maintained within the objectives of Clause The proposed third floor would benefit from being provided with a more recessive and/or obscured nature in such a way that it remains virtually unseeable or substantially subservient from the streetscape. Due to the mix of double and single storey development within the immediate area, the current design is considered to lack meaningful built form transition between areas or provide a sympathetic design to the heritage place, particularly due to the top floor element. Furthermore, multiple variation to Clause 55 are sought for the proposal a development of this scale and intensification should be designed to meet the minimum standards of ResCode. Balance has been tipped against the relevant polices, which in Council s opinion has resulted in a building form which represents a departure from both the existing and preferred character of the area. Whilst three storey built form is not prohibited, carefully planned design must be undertaken to ensure that not only the zone and housing growth policies are responded too, but to also provide a successful response to the neighbourhood character and heritage qualities of the site and area particularly given the site being situated within a landmark area of Barwon Heads.

44 Development Hearings Panel Page 44 Particular Provisions Clause Car Parking To ensure that car parking is provided in accordance with the State Planning Policy Framework and the Local Planning Policy Framework. To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. To support sustainable transport alternatives to the motor car. To promotes the efficient use of car parking spaces through the consolidation of car parking facilities. To ensure that car parking does not adversely affect the amenity off the locality. To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use. Response Clause requires the following provision of car spaces to be located on the land for each dwelling: Ground Floor Dwellings (4 x 2 bedrooms) = 4 car parks (1 space per dwelling) First Floor Dwellings (2 x 3 bedrooms) = 4 car parks (2 spaces per dwelling) Second Floor Dwellings (2 x 3 bedrooms) = 4 car parks (2 spaces per dwelling) More than 5 dwellings requires 1 visitor space. The proposed car parking spaces set aside for the dwellings within the basement car parking area totals 12 parking spaces. This falls short a total of one visitor space. The reduction of the visitor parking space is considered to be appropriate in this circumstance due to the available on street car parking within the immediately surrounding area. Further to this the design standard as set out within Clause have been met by the proposal, excluding the requirements for a passing area within the entrance to the site. Due to the proposal accommodating a total of 12 residential cars and two commercial spaces, it would be beneficial to the application if a passing bay area was included to the site or other measures to ensure congestion within the site does not occur. Although a traffic and car parking report was submitted by the applicant, there was no mention of the passing area requirement. The food and drink premises additions which will total and area of 76 square meters requires a parking rate of 4 spaces for every 100sqm of net floor area. This requires 3 spaces for the additions to the food and drink premises land use. The amount of commercial spaces available within the basement car park totals 2 spaces a shortfall of 1 car parking space. The reduction of one car parking space is considered to be acceptable in this instance due to the available on street car parking within the area.

45 Development Hearings Panel Page 45 Clause Land adjacent to a road zone, category 1, or a public acquisition overlay for a category 1 road The purpose of Clause is: To ensure appropriate access to identified roads. To ensure appropriate subdivision of land adjacent to identified roads. The application proposes the removal of an existing accessway to Bridge Road which is a Category 1 Road. A referral was sent to VicRoads for comment who responded with no concerns or conditions for the application. It is not considered that the removal of the existing crossover to Bridge Road would result in impacts to traffic safety.

46 Development Hearings Panel Page 46 Clause 55 - ResCode Assessment Two or More Dwellings on a Lot The development is required to be assessed against Clause 55 as set out below: Neighbourhood character objectives To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character. To ensure that the design responds to the features of the site and the surrounding area 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 B1 The design response must be appropriate to the neighbourhood and the site. The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site. Standard B2 An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Does not comply The application is not considered to positively reflect the existing and preferred character of the area due to the built form and visual impacts to the existing streetscape. Although the application proposed construction materials generally seen within the coastal area such and exposed raw timbers and clear glazing, the design in its current form lacks a transitional built form to the surrounding single and double storey built form. Given the site s landmark exposure, it is not considered that the application would provide for a positive planning outcome in relation to the existing and preferred neighbourhood character. Complies As set out above, the application complies with the planning policy framework. The required written statement has been provided.

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48 Development Hearings Panel Page Dwelling diversity objective To encourage a range of dwelling sizes and types in developments of ten or more dwellings 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 B3 Developments of ten or more dwellings should provide a range of dwelling sizes and types, including: Dwellings with a different number of bedrooms. At least one dwelling that contains a kitchen, bath or shower, and a toilet and wash basin at ground floor level. Standard B4 Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, if available. Development should not unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads. In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure. - N/A Less than ten dwellings are proposed. Complies The site is serviced by the required infrastructure and the application has been referred to Council s Engineers who have not raised any concern about the ability of the site to be drained. Conditions of permit cover off on this issue.

49 Development Hearings Panel Page Integration with the street objectives To integrate the layout of development with the street 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 B5 Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility. Development should be oriented to front existing and proposed streets. High fencing in front of dwellings should be avoided if practicable. Development next to existing public open space should be laid out to complement the open space. Standard B6 Walls of buildings should be set back from streets the distance specified in Table B1. Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than 2.5 metres into the setbacks of this standard. Does not comply Variation required Comments: Whilst the development is designed to address Bridge Road and Flinders Parade, with pedestrian and vehicle links to the streets provided; It is the 1.8 metre high front fencing that does not comply with the standard. The fencing creates a sense of massing given the materials selected and whilst front fencing would benefit this site given the frontage to a main road, fencing design should attribute a greater visually permeable design to compliment the area. Complies The application complies with the standard. The adjoining property to the west is setback 5.20 metres from Bridge Road and the existing building on the corner is setback 1.5 metres, which results in a requirement for a 3.35 metre street setback. This has been achieved as the apartment building is setback 3.55 metres from the street. When applying the corner site formula, the application complies given the minimum 3m setback of new development fronting a side street (Bridge Road). As the proposal consists of a setback to Bridge Road of 3.55m, the design exceeds the minimum standard by 550mm.

50 Development Hearings Panel Page Building height objectives To ensure that the height of buildings respects the existing or preferred neighbourhood character. Standard B7 The maximum building height should not exceed the maximum height specified in the zone, schedule to the zone or an overlay that applies to the land. If no maximum height is specified in the zone, schedule to the zone or an overlay, the maximum building height should not exceed 9 metres, unless 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 building height should not exceed 10 metres. Changes of building height between existing buildings and new buildings should be graduated. Variation required Variation required Comments: While the apartment building does not exceed the maximum height in the zone (10.50 metres), the proposal is not considered to appropriately respond to the transitional building heights between existing and proposed buildings. Further to this, the visual impact caused by the building heights of the apartment building is quite significant given how exposed the subject site is not only to the public realm, but also when viewed from adjoining properties Site coverage objective To encourage development that respects the landscape character of the neighbourhood. To encourage the retention of significant trees on the site. Standard B8 The site area covered by buildings should not exceed 60 per cent. Variation required Comments: The site coverage of buildings when taking into consideration the basement car park is 68 percent of the site (674sqm basement & commercial building), which exceeds the 60% allowed by the standard; however when taking into consideration only the additions above NGL, the site coverage totals 59% (587sqm ground floor & commercial building) which is 1% under the standard.

51 Development Hearings Panel Page Permeability objectives To reduce the impact of increased stormwater run-off on the drainage system. To facilitate on-site stormwater infiltration 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 B9 At least 20 per cent of the site should not be covered by impervious surfaces. Standard B10 Buildings should be: Oriented to make appropriate use of solar energy. Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced. Living areas and private open space should be located on the north side of the development, if practicable. Developments should be designed so that solar access to north-facing windows is maximised. Variation Required Comments: The applicant states that permeability is set at 22.3%, however a measurement of the plans which excludes the bluestone feature paving areas demonstrates the site actually retains approximately 15 per cent permeability (151sqm approx.). Although Council s engineering department did not raise any concerns with this it is considered that the proposal should be revised to accommodate a minimum of 20% permeable surfacing. Complies The apartment building has been designed in such a way that the living areas are located generally south facing. It is considered that in this instance this is acceptable given the overlooking implication that would follow if the living areas were to be located on the northern side of the property resulting in screening or highlight windows. Furthermore, the south facing living provides for greater street activation which is considered to be of a benefit to the proposal. It is considered that window locations, particularly on the ground floor level, still allows sufficient solar access that will provide residents with an appropriate level of internal amenity.

52 Development Hearings Panel Page Open space objective To integrate the layout of development with any public and communal open space provided in or adjacent to the development Safety objective To ensure the layout of development provides for the safety and security of residents and property. Standard B11 If any public or communal open space is provided on site, it should: Be substantially fronted by dwellings, where appropriate. Provide outlook for as many dwellings as practicable. Be designed to protect any natural features on the site. Be accessible and useable. Standard B12 Entrances to dwellings and residential buildings should not be obscured or isolated from the street and internal accessways. Planting which creates unsafe spaces along streets and accessways should be avoided. Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal accessways. Private spaces within developments should be protected from inappropriate use as public thoroughfares. - N/A There is no communal open space requiring consideration. Complies The development is designed to provide for the safety and security of residents and property. All dwelling entrances are clearly visible from the street or internal accessway and private spaces within the development will be fenced.

53 Development Hearings Panel Page Landscaping objectives 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 The landscape layout and design should: Protect any predominant landscape features of the neighbourhood. Take into account the soil type and drainage patterns of the site. Allow for intended vegetation growth and structural protection of buildings. In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals. Provide a safe, attractive and functional environment for residents. Development should provide for the retention or planting of trees, where these are part of the character of the neighbourhood. Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made. The landscape design should specify landscape themes, vegetation (location and species), paving and lighting. Variation Required Variation required Comments: Although a landscaping plan was submitted with the application, it is considered that a greater level of vegetation planting, particularly trees could be provided on the site to compliment the landscape character of the residential properties within the area. There is no significant vegetation on the site that suggested to be retained.

54 Development Hearings Panel Page Access objective To ensure the number and design of vehicle crossovers respects the neighbourhood character Parking location objective To provide convenient parking for resident and visitor vehicles. To protect residents from vehicular noise within developments. Standard B14 The width of accessways or car spaces should not exceed: 33 per cent of the street frontage, or if the width of the street frontage is less than 20 metres, 40 per cent of the street frontage. No more than one single-width crossover should be provided for each dwelling fronting a street. The location of crossovers should maximise the retention of on-street car parking spaces. The number of access points to a road in a Road Zone should be minimised. Developments must provide for access for service, emergency and delivery vehicles. Standard B15 Car parking facilities should: Be reasonably close and convenient to dwellings and residential buildings. Be secure. Be well ventilated if enclosed. Large parking areas should be broken up with trees, buildings or different surface treatments. Shared accessways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway. Complies A total of 15 per cent (3 metres) of the Flinders Parade frontage is taken up with vehicle crossings, which complies with the standard. The existing crossover along Bridge Road is proposed to be removed. Complies Convenient parking is provided for residents via the basement car park. It is not considered that the residents of this building would be affected by noise.

55 Development Hearings Panel Page 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 A new building not on or within 200mm of a boundary should be set back from side or rear boundaries: At least the distance specified in a schedule to the zone, or If no distance is specified in a schedule to the zone, 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres. Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard. Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard. Variation Required Variation required Comments: The required setbacks have been achieved for the development and all side and rear setbacks excluding the northern setback from the second storey. The wall height for the easterly located apartment building is 9.7 metres which requires a 4.79 metre setback from the northern boundary. The proposed setback is 4.40 metres which requires a variation of 390mm. Upon a site inspection, where development exceeds two storeys within the area, the third floor is generally contained well within the property. Although this site is located within a growth zone and included within a IHDA, existing character should still be respected. Whilst the variation is minimal, it is considered that such a large scale development should meet the minimum standards within Clause 55 to achieve a positive planning outcome for the area. Although the variation is generally minimal, the variation attributes to concerns with the built form and scale for the proposal and what impacts this poses to the character of the area.

56 Development Hearings Panel Page 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 A new wall constructed on or within 200mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary: For a length of more than the distance specified in a schedule to the zone; or If no distance is specified in a schedule to the zone, for a length of more than: o 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or o Where there are existing or simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater. A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary. A building on a boundary includes a building set back up to 200mm from a boundary. The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall. - N/A There are no new walls proposed on property boundaries.

57 Development Hearings Panel Page Daylight to windows objective To allow adequate daylight into existing habitable room windows. Standard B19 Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot. Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window. Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window. Complies The required light courts have been achieved and all windows have access to the required level of daylight North facing windows objective To allow adequate solar access to existing north-facing habitable room windows. Standard B20 If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east. - N/A There are no north facing windows on abutting lots which require consideration.

58 Development Hearings Panel Page Overshadowing open space objective To ensure buildings do not significantly overshadow existing secluded private open space. Standard B21 Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced. Complies Given the site s orientation, the level of overshadowing associated with the development is considered within the requirements of the standard.

59 Development Hearings Panel Page Overlooking objective To limit views into existing secluded private open space and habitable room windows. Standard B22 A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level. A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either: Offset a minimum of 1.5 metres from the edge of one window to the edge of the other. Have sill heights of at least 1.7 metres above floor level. Have fixed, obscure glazing in any part of the window below 1.7 metre above floor level. Have permanently fixed external screens to at least 1.7 metres above floor level and be no more than 25 per cent transparent. Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard. Does not comply Variation required Comments: Generally overlooking has been addressed for the development, however this excludes the north facing sitting room windows for apartment on 101 on the first floor which still has the potential for direct views into the 1 st floor window of the adjoining property at 3 Flinders Parade. This could be addressed by either the further angling of the windows or providing a screening treatment. There is also a section of apartment 201 to overlook into the eastern upper floor window of2 bridge Road when considering the terrace area. Although there is screening to a height of 1.7m along most of this terrace along the east balustrade, a section has been left out which could provide for direct views into the habitable room window of this adjoining dwelling. Measures should be made to address this overlooking.

60 Development Hearings Panel Page Internal views objective To limit views into the secluded private open space and habitable room windows of dwellings and residential buildings within a development. Screens used to obscure a view should be: Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent panels. Permanent, fixed and durable. Designed and coloured to blend in with the development. This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary. Standard B23 Windows and balconies should be designed to prevent overlooking of more than 50 per cent of the secluded private open space of a lower-level dwelling or residential building directly below and within the same development. Does not comply Variation required As noted by the applicant, there is potential for internal overlooking from apartment 202 (second storey) terrace into apartment 201 s living area. It is considered that this element fails to respond appropriately to the objective of this standard and must be rectified. There is also opportunity for internal overlooking from the balcony and terrace areas of the upper floors into the ground floor apartments south facing SPOS areas. Once again, this requires to be addressed to protect the amenity of any future residents.

61 Development Hearings Panel Page Noise impacts objective To contain noise sources in developments that may affect existing dwellings. To protect residents from external noise Accessibility objective To encourage the consideration of the needs of people with limited mobility in the design of developments Dwelling entry objective To provide each dwelling or residential building with its own sense of identity. Standard B24 Noise sources, such as mechanical plant, should not be located near bedrooms of immediately adjacent existing dwellings. Noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjacent properties. Dwellings and residential buildings close to busy roads, railway lines or industry should be designed to limit noise levels in habitable rooms. Standard B25 The dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility. Standard B26 Entries to dwellings and residential buildings should: Be visible and easily identifiable from streets and other public areas. Provide shelter, a sense of personal address and a transitional space around the entry. Complies The lift overrun and car park exhaust units located on the roof are situated internally to the site and are not considered to cause detriment to the internal or adjoining residents. Complies The entries to the ground floor of the dwellings are accessible to those with limited mobility. Complies All dwelling entries are clearly visible and identifiable from the street providing for a sense of identity for each dwelling. A transitional space is provided at each dwelling entry.

62 Development Hearings Panel Page Daylight to new windows objective To allow adequate daylight into new habitable room windows Private open space objective To provide adequate private open space for the reasonable recreation and service needs of residents. Standard B27 A window in a habitable room should be located to face: An outdoor space clear to the sky or a light court with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or A verandah provided it is open for at least one third of its perimeter, or A carport provided it has two or more open sides and is open for at least one third of its perimeter. B28 A dwelling or residential building should have private open space of an area and dimensions specified in the schedule to the zone. If no area or dimensions are specified in the schedule to the zone, a dwelling or residential building should have private open space consisting of: An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room, or A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room. Complies All habitable room windows face an outdoor space of the required dimensions, allowing light into habitable rooms. Complies The proposed development has been provided with the minimum private open space requirements which are amended under the Schedule to the Residential Growth Zone. Ground Floor Apartments courtyards in excess of 20sqm First Floor Apartments Balconies exceeding 8sqm. Second Floor Apartments Terrace/Balcony exceeding 60sqm.

63 Development Hearings Panel Page 63 Clause Solar Access to Open Space To allow solar access into the secluded private open space of new dwellings and residential buildings. Clause Storage To provide adequate storage facilities for each dwelling. Standard B29 The private open space should be located on the north side of the dwelling or residential building, if appropriate. The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2+0.9h) metres, where h is the height of the wall. Standard B30 Each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space. Does not comply Variation required Comments: Due to the SPOS area for each apartment being located within the southern frontage of the property, direct solar access is unable to penetrate these areas. In considering the variation to this objective, the design response balances out by providing for greater activation of the main frontage to the property which is considered to result in a positive planning outcome. These spaces are still considered to be able to be enjoyed given the outlook provided. Complies The appropriate storage areas have been provided in accordance with the standard via the basement car park.

64 Development Hearings Panel Page 64 Clause Design Detail To encourage design detail that respects the existing or preferred neighbourhood character. Standard B31 The design of buildings, including: Façade articulation and detailing, Window and door proportions, Roof form, and Verandahs, eaves and parapets, should respect the existing or preferred neighbourhood character. Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character. Does not comply Variation required Comments: The site is situated within an area where design varies between sites, however the existing character of the area demonstrates a coastal aesthetic. The design in its current form, although of a high architectural standard, it not considered to be n-keeping with the existing or preferred character due to the building scale and visual massing. Articulation has been provided, however greater consideration should be given to the reduction of building form particularly at its upper level to reduce its visual domination. Clause Front Fences To encourage front fence design that respects the existing or preferred neighbourhood character. Standard B32 The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties. A front fence within 3 metres of a street should not exceed: Streets in a Road Zone, Category 1: 2 metres. Other streets: 1.5 metres. Complies The front fence proposed does not exceed the maximum height of 2 metres given the frontage abuts a Road Zone Category 1 Road. Although the maximum height has not been exceeded, the materials and design chosen for the front fence is not considered to complement the existing character of the area. The sandstone feature to be used lacks visual permeability which is not in keeping with the preferred or existing character of the area. Whilst a front fence is not prohibited, the design of the front fence is important so that it enhances the streetscape character.

65 Development Hearings Panel Page 65 Clause Common Property 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. Clause Site Services To ensure that site services can be installed and easily maintained. To ensure that site facilities are accessible, adequate and attractive. B33 Development should clearly delineate public, communal and private areas. Common property, where provided, should be functional and capable of efficient management. B34 The design and layout of dwellings and residential buildings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically. Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development. Bin and recycling enclosures should be located for convenient access by residents. Mailboxes should be provided and located for convenient access as required by Australia Post. Complies The common property area provided as part of this development is practical and could easily be maintained. Complies The dwelling layout and design provides for sufficient space and facilities for services to be installed and maintained. Bin and recycling enclosures, mailboxes and other site facilities have been provided adequately and will blend in with the development. The site facilities including mailboxes, bin and recycling enclosures and mailboxes have been provided and located for convenient access.

66 Development Hearings Panel Page 66 Clause Energy Efficient Objectives To achieve and protect energy efficient dwellings and buildings. To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy. To ensure dwellings achieve adequate thermal efficiency. B35 Buildings should be: efficiency of existing dwellings on adjoining lots is not unreasonably reduced. Living areas and private open space should be located on the north side of the development, if practicable. Developments should be designed so that solar access to north-facing windows is optimised. Dwellings located in a climate zone identified Table B4 in should not exceed the maximum NatHERS annual cooling load specified in the following table. Complies The apartment building has been designed in such a way that the living areas are located generally south facing. It is considered that in this instance this is acceptable given the overlooking implication that would follow if the living areas were to be located on the northern side of the property resulting in screening or highlight windows. Furthermore, the south facing living provides for greater street activation which is considered to be of a benefit to the proposal. It is considered that window locations, particularly on the ground floor level, still allows sufficient solar access that will provide residents with an appropriate level of internal amenity. The property is not located within a climate zone identified in Table B4.

67 Development Hearings Panel Page 67 Clause Communal Open Space Objective To ensure that communal open space is accessible, practical, attractive, easily maintained and integrated with the layout of the development. B36 Developments with 40 or more dwellings should provide a minimum area of communal open space of 2.5 square metres per dwelling or 250 square metres, whichever is lesser. Communal open space should: N/A appropriate. es, where open space of new dwellings. dwellings. site. atures on the Clause Solar Access to communal outdoor open space objective To allow solar access into communal outdoor open space. management. B37 The communal outdoor open space should be located on the north side of a building, if appropriate. At least 50 per cent or 125 square metres, whichever is the lesser, of the primary communal outdoor open space should receive a minimum of two hours of sunlight between 9am and 3pm on 21 June. N/A

68 Development Hearings Panel Page 68 Clause Deep soil areas and canopy trees objective To promote climate responsive landscape design and water management in developments to support thermal comfort and reduce the urban heat island effect. B38 The landscape layout and design should: absorption such as green walls, green roofs and roof top gardens and improve on-site storm water infiltration. eep soil areas for planting of canopy trees. Developments should provide the deep soil areas and canopy trees specified in Table B5. If the development cannot provide the deep soil areas and canopy trees specified in Table B5, an equivalent canopy cover should be achieved by providing either: planter pits sized appropriately for the mature tree soil volume requirements. des. Does not comply Variation required Comments: As stated by the applicant, the deep soil area falls short of the minimum 5% (equates to 50sqm) requirement of the standard. The proposed deep soil areas total 39sqm with a dimension of under 3 metres requiring a variation to the total area and dimension. Planting has been provided via a submitted landscape plan, with provisions made for five (5) moonah trees. Although these tress have been provided, it is considered that the proposal should meet the minimum requirements of the standard to complement the existing landscape character of Barwon Heads, particularly given the sites exposed position. Additional tree planting and deep soil areas would be of a benefit to the proposal.

69 Development Hearings Panel Page 69 Clause Integrated water and stormwater management objectives To encourage the use of alternative water sources such as rainwater, stormwater and recycled water. To facilitate stormwater collection, utilisation and infiltration within the development. To encourage development that reduces the impact of stormwater runoff on the drainage system and filters sediment and waste from stormwater prior to discharge from the site. B39 Buildings should be designed to collect rainwater for non-drinking purposes such as flushing toilets, laundry appliances and garden use. Buildings should be connected to a non-potable dual pipe reticulated water supply, where available from the water authority. The stormwater management system should be: performance objectives for stormwater quality as contained in the Urban Stormwater Best Practice Environmental Management Guidelines (Victorian Stormwater Committee 1999) as amended. water and drainage of residual flows into permeable surfaces, tree pits and treatment areas. Complies Council's Engineering Department has provided support and conditions relating to appropriate water and stormwater management. It is considered that the proposal meets this objective and standard.

70 Development Hearings Panel Page 70 Clause Noise impacts objective To contain noise sources in developments that may affect existing dwellings. To protect residents from external and internal noise sources. B40 Noise sources, such as mechanical plants should not be located near bedrooms of immediately adjacent existing dwellings. The layout of new dwellings and buildings should minimise noise transmission within the site. Noise sensitive rooms (such as living areas and bedrooms) should be located to avoid noise impacts from mechanical plants, lifts, building services, nonresidential uses, car parking, communal areas and other dwellings. New dwellings should be designed and constructed to include acoustic attenuation measures to reduce noise levels from off-site noise sources. Buildings within a noise influence area specified in Table B6 should be designed and constructed to achieve the following noise levels: as an LAeq,8h from 10pm to 6am. LAeq,16h from 6am to 10pm. Buildings, or part of a building screened from a noise source by an existing solid structure, or the natural topography of the land, do not need to meet the specified noise level requirements. Noise levels should be assessed in unfurnished rooms with a finished floor and the windows closed. Complies The lift overrun and mechanical stackers have been located within the site where it is considered the amenity of future residents and adjoining property owners are not significantly impacted by noise.

71 Development Hearings Panel Page 71 Clause Accessibility Objective To ensure the design of dwellings meets the needs of people with limited mobility. B41 At least 50 per cent of dwellings should have: to the dwelling and main bedroom. connects the dwelling entrance to the main bedroom, an adaptable bathroom and the living area. Complies The proposed floorplans demonstrate compliance with the design options within Table B7 of this standard, creating dwellings that meet the design of people with limited mobility. Clause Building entry and circulation objectives To provide each dwelling and building with its own sense of identity. To ensure the internal layout of buildings provide for the safe, functional and efficient movement of residents. To ensure internal communal areas provide adequate access to daylight and natural ventilation. bathroom that meets all of the requirements of either Design A or Design B specified in Table B7. B42 Entries to dwellings and buildings should: transitional space around the entry. The layout and design of buildings should: residential areas. to encourage use by residents. ventilation. from the entry level - Complies The apartment building and individual apartments are provided with clear and identifiable access points, each with their own sense of address. The opportunity for passive surveillance within the building has been provided with clear glazing being provided within the ground floor lobby area. The internal lobby areas are provided with ventilation and natural light via south and north facing windows.

72 Development Hearings Panel Page 72 Clause Private open Space above ground floor objective To provide adequate private open space for the reasonable recreation and service needs of residents. B43 A dwelling should have private open space consisting of: dimension of 3 metres at a podium or other similar base and convenient access from a living room, or Table B8 and convenient access from a living room. If a cooling or heating unit is located on a balcony, the balcony should provide an additional area of 1.5 square metres. Does not comply Variation required Comments: The apartments located on the first floor have been provided with the minimum balcony sizes as per Table B8. The apartments located on the second floor require a variation to the minimum dimension of a three or more bedroom sized balcony. The minimum requirement is an area of 12 sqm with a minimum dimension of 2.4 metres. The application proposes an area exceeding 60sqm, however the minimum dimensions is 2 meters, which is 400mm under the standard within Table B8. Although the minimum dimensions have not been met, the total space within the 2m wide areas totals 26sqm which is considered to supply adequate private open space for reasonable recreation of the future residents. It should also be noted that there is public recreation space 25 metres from the subject site.

73 Development Hearings Panel Page 73 Clause Storage Objective To provide adequate storage facilities for each dwelling B44 Each dwelling should have convenient access to usable and secure storage space. The total minimum storage space (including kitchen, bathroom and bedroom storage) should meet the requirements specified in Table B9. Does not comply Comments: The plans submitted with the application do not demonstrate that the internal storage areas required as per the table in Clause have been provided. The applicant states that they are confident that minimum internal storage areas can be provided internally and would be satisfied with a permit condition to demonstrate this. External storage areas have been supplied within the basement car park area with each storage unit being a minimum of 6 cubic metres.

74 Development Hearings Panel Page 74 Clause Waste and recycling objectives To ensure dwellings are designed to encourage waste recycling. To ensure that waste and recycling facilities are accessible, adequate and attractive. To ensure that waste and recycling facilities are designed and managed to minimise impacts on residential amenity, health and the public realm. B45 Developments should include dedicated areas for: and designed for convenient access by residents and made easily accessible to people with limited mobility. ventilated. ncluding where appropriate opportunities for on-site management of food waste through composting or other waste recovery as appropriate. for on-site treatment, where appropriate, or off-site removal for reprocessing. enter and leave the site without reversing. separation of waste, recyclables and food waste where appropriate. Waste and recycling management facilities should be design and managed in accordance with a Waste Management Plan approved by the responsible authority and: ment guidelines for residential development adopted by Sustainability Victoria. Protect public health and amenity of residents and adjoining premises from the impacts of odour, noise and hazards associated with waste collection vehicle movements. Complies The applicant has submitted a waste management plan which has been granted general support from Council s Waste Department subject to conditions.

75 Development Hearings Panel Page 75 Clause Functional Layout objective To ensure dwellings provide functional areas that meet the needs of residents. Clause Room Depth Objective To allow adequate daylight into single aspect habitable rooms. B46 Bedrooms should: specified in Table B10. internal room dimensions to accommodate a wardrobe. B47 Single aspect habitable rooms should not exceed a room depth of 2.5 times the ceiling height. The depth of a single aspect, open plan, habitable room may be increased to 9 metres if all the following requirements are met: The room combines the living area, dining area and kitchen. The kitchen is located furthest from the window. The ceiling height is at least 2.7 metres measured from finished floor level to finished ceiling level. This excludes where services are provided above the kitchen. The room depth should be measured from the external surface of the habitable room window to the rear wall of the room. Complies The proposal meets the minimum dimensions for bedrooms and living areas as per the requirements of Table B10 & B11 of this Clause. Complies The proposed room depths for all dwellings within the apartment building meets the formula as per the standard.

76 Development Hearings Panel Page 76 Clause Windows Objective To allow adequate daylight into new habitable room windows. B48 Habitable rooms should have a window in an external wall of the building. A window may provide daylight to a bedroom from a smaller secondary area within the bedroom where the window is clear to the sky. The secondary area should be: Complies The development provides for adequate daylight into the new habitable room windows. Clause Natural Ventilation Objective To encourage natural ventilation of dwellings. To allow occupants to effectively manage natural ventilation of dwellings. measured from the external surface of the window. B49 The design and layout of dwellings should maximise openable windows, doors or other ventilation devices in external walls of the building, where appropriate. At least 40 per cent of dwellings should provide effective cross ventilation that has: 18 metres. metres. area. The breeze path is measured between the ventilation openings on different orientations of the dwelling. Does not comply Comments: The applicant has not submitted any information or provided a response as to how the proposal provides for ventilation as per this Clause.

77 Development Hearings Panel Page 77 Legislative Issues The Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are the relevant documents under which Council must consider this application. Conclusion The development does not comply with the Heritage Overlay nor does it comply with a number of ResCode standards and objectives. The proposed intensity of built form accompanied by the overall scale, bulk and visually dominance does not relate to the heritage overlay nor the existing and preferred character of the area, particularly given the site being a local landmark with an abundance of exposure.

78 Development Hearings Panel Page 78 Application No: Applicant: Subject Land: Owner: PP Ivelja Design 48 Stevens Street, PORTARLINGTON Lindemann Enterprises Pty Ltd and JLP Holdings Zone: Residential Growth Zone, Schedule 3 Overlays: Existing Use: Proposal: Nil Single dwelling and outbuilding Buildings and Works for the Construction of Six (6) Dwellings Subject Site Indicates Objectors 48 STEVENS STREET, PORTARLINGTON

79 Development Hearings Panel Page 79 Summary The subject site is located on the south side of Stevens Street, in between Harding and Brown Streets, 250m walk south of the Portarlington township activity centre. The site has a frontage to Stevens Street of 20.18m and depth of 50.19m on the west boundary, equating to an area of 1,003sqm. The site currently contains a dwelling and outbuilding, and has a generous diagonal fall from the high point at the south west corner of the site to the north east frontage of around 3.5m. The road verge to this portion of Stevens Street are wide, approximately 6m, and are grassed with no constructed footpath, with the carriageway being 9m in width. There are no signed or line marked parking controls to the street. Surrounding development is residential. Styles vary with older housing stock being predominantly single storey weatherboard, multi dwellings of brick, with roof forms generally hipped or gabled forms. Newer housing stock within Portarlington are incorporating cuboid or skillion roof forms, single and double storey, with materials use including face brick, timber claddings, and modern wall claddings in various finishes. The site is located in the Residential Growth Zone, Schedule 3, which covers the land nominated for the Increased Housing Diversity Area. Surrounding land is also located in the Residential Growth Zone, and there are no overlays affecting the subject site or surrounding land. The application seeks approval for the construction of six dwellings consisting of: o o o o o 1 x two bedroom, two storey dwelling with single carport car space (dwelling 1); 1 x two bedroom, two storey dwelling with double carport car space (dwelling 6); 2 x three bedroom, two storey dwellings with double carport car space (dwellings 2 and 5); 2 x three bedroom, three storey dwellings with double carport car space (dwellings 3 and 4); Provision of 1 x visitor car space. The dwellings are proposed to have cuboid style with all provided a balcony at second floor level over the car park spaces. Materials use includes vertical claddings Axon and Express joint with indicative colours shown of light and dark grey tones. The dwellings are proposed to be constructed with various floor levels, seeking to fit with the existing slope of the site. Notification of the application was undertaken with fourteen (14) objections received. Matters of concern raised include: o Overdevelopment through number of dwellings, height and scale not reflecting neighbourhood character; o Increase in traffic and on-street parking; o Impact on views; o Overshadowing; o Overlooking; o Insufficient open space and landscaping; o Increase in noise disturbance; o Application did not consider the development at 50 Stevens Street; o Loss in property value.

80 Development Hearings Panel Page 80 A consultation meeting was held with the objectors and applicant considering the concerns raised. The applicant (designer) indicated that some design changes could be considered to mitigate amenity impacts to adjoining land owners, with revised plans to be submitted and circulated to objectors. The amendments were submitted with the following alterations made to the design: o Deletion of second floor / third level family room for Dwellings 5 and 6. o Deletion of the first floor / second level Master Bedroom (including ensuite & WIR) for Dwelling 6 such that Dwelling 6 is a 2 bedroom dwelling. Provision of one car space within the carport for the 2 bedroom Dwelling 6. o Provision of a the first floor / second level Master Bedroom (including ensuite & WIR) for Dwelling 2 such that it will become a 3-bedroom dwelling. Provision of two car parking spaces within the carport for the 3-bedroom Dwelling 2. o Addition of screening to balconies to address overlooking. These are the plans currently under assessment, dated 22 March The plans were circulated via post with four objector making additional comments. Most of the additional comment re-iterated existing concerns for the proposal, however the objector adjoining to the rear at 39 Willis Street has expressed their appreciation for the changes made by the applicant, with their acceptance of the lower height of the south unit abutting their boundary, and the reduced impact generated by overshadowing. The objector retains their concerns for landscaping and impact on neighbourhood character. There have been no objections withdrawn on the basis of these amended plans being lodged with Council. The development meets the requirements of the State and Local Planning Policy for provision of infill development in locations with access to appropriate existing services and infrastructure. Clause and Clause of the Local Planning Policy Framework are policies in support of the proposal, encouraging increased density and ultimately change in the area. The application has demonstrated the ability to meet the objectives and standards of Clause 55 and has integrated some modern design details in an effort to respect the emerging coastal neighbourhood character for modern dwelling style and scale. Clause of the Greater Geelong Planning Scheme for Increased Housing Diversity Areas (IHDA) provides support for the implementation of general policy direction seeking to provide for more efficient housing development and decrease reliance on vehicle use as a result of urban sprawl. The policy directs that redevelopment of housing stock should be well designed, site responsive, contemporary medium density housing. It is considered that the proposal represents these characteristics with the design integrating with the slope of the land, and providing a contemporary dwelling choice in the locality. The proposed height of the three storey portion is considered acceptable in this location and site context where the site is central to the Portarlington IHDA, the third storey portion is well recessed and wall planes articulated, and amenity impacts to adjoining dwellings are reasonable in context with the objectives and standards of Clause 55 of the planning scheme. As such it is recommended that the application be supported via the issue of a Notice of Decision.

81 Development Hearings Panel Page 81 Moved: Melissa Garrett Seconded: Tim Hellsten That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Issue a Notice of Decision to Grant a Planning Permit for the Buildings and Works for the Construction of Six (6) Dwellings at 48 Stevens Street, PORTARLINGTON generally in accordance with the plans submitted with the application and subject to the following conditions: Amended Plans Required 1. Prior to the commencement of the development, three (3) copies of 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 must be generally in accordance with the plans submitted 22 March 2018 but modified to show: a) Widening of the vehicle access to 5m in width for the first 7m from the kerb; b) Common property accessway gradients to be notated in accordance with the design standard 3 of Clause 52.06; c) Bollard lighting to common pedestrian and vehicle access areas; d) Signage or linemarking clearly delineating the provision of car park spaces to dwellings, and the visitor space. Endorsed Plan 2. The development as shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority. Stormwater Quality / Management 3. The site stormwater system must be designed and installed such that the site stormwater discharge is not increased by the proposed development. An appropriate on site detention system designed in accordance with the Infrastructure Design Manual may be required, to the satisfaction of the Responsible Authority. Prior to the Commencement of Works 4. Prior to the commencement of works the developer shall submit for approval, engineer drainage plans, for new Council assets, prepared by a suitably qualified and experienced person and at the developers expense. Unless otherwise agreed by the Responsible Authority, the plans should cater for the extension of the 300mm underground drain to the east in Stevens Street to service the development. The plans shall show pits and pipes sizes, finished and existing surface levels, creation of appropriate easements and connection to the existing Council drainage network. Prior to the Occupation of the Development 5. Prior to the occupation for the dwellings, the developer must: a) Construct the site stormwater system including connection for the common Property Drainage into the Junction Pit out the front of 50 Stevens Street, or other nominated point/s as approved by the Responsible Authority. The stormwater connection must be in accordance with City of Greater Geelong Standard Drawings.

82 Development Hearings Panel Page 82 b) Construct vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong. Unless otherwise approved the crossover shall have a minimum width of 5m; c) Construct and drain the common property accessway in accordance with the endorsed plans; d) Remove any redundant vehicular crossings and reinstate the kerb and channel and/or the footpath/nature strip area to match existing construction in the street; e) Construct the underground drainage in Stevens Street, in accordance with the endorsed plans; f) Complete all buildings and works and landscaping in accordance with the endorsed plans; all to the satisfaction of the Responsible Authority. Installation and Maintenance of Screening 6. Prior to the occupation of the dwellings, all visual screening measures shown on the endorsed plans must be installed to the satisfaction of the responsible authority. All visual screening and measures to prevent overlooking must be maintained to the satisfaction of the responsible authority. Any screening measure that is removed or unsatisfactorily maintained must be replaced to the satisfaction of the responsible authority. EXPIRY Development 7. This permit as it relates to the development of buildings will expire if one of the following circumstances applies: a) The development of the building(s) hereby approved has not commenced within two (2) years of the date of this permit. b) The development of the building(s) hereby approved is not completed within four (4) years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires; or a) Within six (6) months after the permit expires where the use or development has not yet started; or b) Within twelve (12) months after the permit expires, where the development allowed by the permit has lawfully commenced before the permit expiry. Notes The following notes are provided to assist the permit holder but are not an exclusive list of any additional permissions that may be required for the development. a) The design and construction of the roadworks and stormwater drainage and any other new council infrastructure must be approved and supervised by council. b) A fee of 3.25% of the cost of the works is to be paid to council for the checking and supervision of these works.

83 Development Hearings Panel Page 83 c) A maintenance bond of 5% of the cost of the civil works is to be paid to council and will be returned after successful completion of a twelve month maintenance period. d) Construction of the site stormwater connection/s is to be inspected by Council Representative prior to any backfilling. An appropriate fee equivalent to 3.25% of total cost of civil works, excluding GST (a minimum fee of $100 applies if the 3.25% amount is less than $100), is to be paid to Council for inspection. Relevant evidential documentation of the cost is to be provided. e) All internal property drainage must be designed and constructed to satisfy AS/NZS f) A Vehicle Crossing Permit must be obtained prior to commencement of works. Report The Site & Locality Carried The subject site is located on the south side of Stevens Street, in between Harding and Brown Streets, 250m walk south of the Portarlington township activity centre. Given its location, the site is located in the Portarlington Increased Housing Diversity Area (clause and map pg.12). Image 1: Subject site indicated in blue with IHDA indicated in purple, with surrounding zoning and overlays noted

84 Development Hearings Panel Page 84 The site is located in the Residential Growth Zone, Schedule 3, which covers the land nominated for the Increased Housing Diversity Area. Surrounding land is also located in the Residential Growth Zone, and there are no overlays affecting the subject site or surrounding land. The subject site has a frontage to Stevens Street of 20.18m and a maximum depth of 50.19m, equating to an area of 1,003sqm. The site currently contains a dwelling and outbuilding, and some mature garden vegetation (now in an unmaintained state). The site has a generous diagonal fall from the high point at the south west corner of the site to the north east frontage of around 3.5m. The title shows a 1.2m wide easement along the east boundary for the purposes of drainage. A vehicle crossing is located on the east of the frontage to an informal driveway to the property. The road verge to this portion of Stevens Street are wide, approximately 6m, and are grassed with no constructed footpath, with the carriageway being 9m in width. There are no signed or line marked parking controls to the street. Adjoining land to the west is generally vacant with an outbuilding in the south west corner. Further to the west, land is developed with three units, and single dwellings towards Harding Street. The north side of Stevens Street shows a mix of densities with multiple dwellings and single dwellings on larger allotments. East of the subject site, the adjoining lot at 50 Stevens Street has commenced development of three dwellings (seen at slab stage in the aerial and image). The dwellings were approved via planning permit and have been given consideration in the assessment. Further east development is a mix of single and multidwellings. To the south, development is also a mix of single dwelling and outbuildings, and multi-dwellings. Styles vary with older housing stock being predominantly single storey weatherboard, multi dwellings of brick, with roof forms generally hipped or gabled forms. Newer housing stock within Portarlington are incorporating cuboid or skillion roof forms, single and double storey, with materials use including face brick, timber claddings, and modern wall claddings in various finishes.

85 Development Hearings Panel Page 85 Image 2: Aerial of subject site and surrounding development (November 2017) Image 3: Subject site photo taken by officer November 2017

86 Development Hearings Panel Page 86 Image 4: Adjoining land to the west with three units further west photo taken by officer November 2017 Image 5: Adjoining land to the east, three dwellings under construction photo taken by officer November 2017

87 Development Hearings Panel Page 87 Image 6: North side of Stevens Street looking west photo taken by officer November 2017 Image 7: Example of modern dwelling styles located at Stevens Street photo taken by officer November 2017 Proposal The application seeks approval under the Residential Growth Zone, schedule 3 for the construction of six dwellings.

88 Development Hearings Panel Page 88 The development proposes the following dwelling layouts: 1 x two bedroom, two storey dwelling with single carport car space (dwelling 1); 1 x two bedroom, two storey dwelling with double carport car space (dwelling 6); 2 x three bedroom, two storey dwellings with double carport car space (dwellings 2 and 5); 2 x three bedroom, three storey dwellings with double carport car space (dwellings 3 and 4); Provision of 1 x visitor car space. The development proposes to utilise the existing single width vehicle crossing with parked vehicles able to exit the site in a forward direction. The dwellings are proposed to have cuboid style with all provided a balcony at first second floor level over the car park spaces. Materials use includes vertical claddings Axon and Express joint with indicative colours shown of light and dark grey tones. The dwellings are proposed to be constructed with various floor levels, seeking to fit with the existing slope of the site. Greater Geelong Planning Scheme Definition and Nesting Pursuant to Clause 74 of the Planning Scheme a dwelling is defined as: A building used as a self-contained residence which must include: a) a kitchen sink; b) food preparation facilities c) a bath or shower; and d) a closet pan and wash basin. It includes outbuildings and works normal to a dwelling. Pursuant to Clause of the Planning Scheme a dwelling is nested in the Accommodation group. Zone The subject site (and surrounding properties) are located with the Residential Growth Zone. Clause Residential Growth Zone Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide housing at increased densities in buildings up to and including four storey buildings. To encourage a diversity of housing types in locations offering good access to services and transport including activity centres and town centres. To encourage a scale of development that provides a transition between areas of more intensive use and development and other residential areas. To ensure residential development achieves design objectives specified in a schedule to this zone.

89 Development Hearings Panel Page 89 To allow educational, recreational, religious, community and a limited range of other nonresidential uses to serve local community needs in appropriate locations. Overlay The proposal site is not subject to any overlays. Permit required clause and condition A planning permit is triggered for this application pursuant to the following clauses of the Greater Geelong Planning Scheme: Pursuant to Clause of the General Residential Zone a permit is required to construct two or more dwellings on a lot. Restrictive Covenant The subject site is not affected by a restriction of Section 173 Agreement. Cultural Heritage Management Plan (CHMP) The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity. Part 2 - Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt activities which do not require a Cultural Heritage Management Plan. The proposal is not listed as an exempt activity. Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the Aboriginal Heritage Regulations Part 2 - Division 3 does not identify the site or part of the site as within an area of cultural heritage sensitivity. High impact activities are defined within Part 2 - Division 5 of the Aboriginal Heritage Regulations Part 2 - Division 5 lists the proposal as a high impact activity. The site is considered to have been the subject of significant ground disturbance which is defined as disturbance of (a) the topsoil or surface rock layer of the ground or (b) a way - by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping. In accordance with the above assessment, a Cultural Heritage Management Plan is not required. Coastal Inundation And Erosion Clause of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change. Strategies include: In planning for possible sea level rise, an increase of 0.2 metres over current 1 in 100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill).

90 Development Hearings Panel Page 90 Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change. Consider the risks associated with climate change in planning and management decision making processes. The subject site is located within close proximity of existing urban development. Council s data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at Landfill Gas Risk Assessment Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things: Any significant effects the responsible authority considers the environment may have on the use or development [S 60(1) of the PEA]. Clause of The State Planning Policy Framework which aims to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. The EPA has adopted the Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills (September 2010) or Landfill BPEM.. The Landfill BPEM identifies that: Risks associated with landfill gases may occur for at least 30 years post-closure. Appropriate buffer distances must be maintained between the landfill and sensitive land uses. The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained non-putrescible waste. Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated. All buildings and structures and associated infrastructure should be considered. The BPEM specifies that development undertaken within a buffer distance of up to 500 metres may be at risk. As the subject site is not located within 500 metres of an identified former landfill site, a risk assessment is not required. Developments In Bushfire Prone Areas Clause (Bushfire) seeks to strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life. The policy must be applied to all planning and decision making under the Planning and Environment Act 1987 relating to land which is: Within a designated bushfire prone area; Subject to a Bushfire Management Overlay; or Proposed to be used or developed in a way that may create a bushfire hazard. The proposal is listed at Clause as one of the uses or developments which should be considered: Subdivisions of more than 10 lots. Accommodation. Child care centre.

91 Development Hearings Panel Page 91 Education centre. Emergency services facility. Hospital. Indoor recreation facility. Major sports and recreation facility. Place of assembly. Any application for development that will result in people congregating in large numbers. The site is not located within a designated bushfire prone area. Officer Direct Or Indirect Interest: No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act. State Planning Policy Framework Integrated decision making Society has various needs and expectations such as land for settlement, protection of the environment, economic well-being, various social needs, proper management of resources and infrastructure. Planning aims to meet these by addressing aspects of economic, environmental and social well-being affected by land use and development. Planning authorities and responsible authorities should endeavour to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit and sustainable development for the benefit of present and future generations. Clause Urban design Objective To create urban environments that are safe, functional and provides good quality environments with a sense of place and cultural identity. Strategies Promote good urban design to make the environment more liveable and attractive. Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability. Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate. Require development to include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context. Clause Cultural identity and neighbourhood character Objective To recognise and protect cultural identity, neighbourhood character and sense of place. Strategies Ensure development responds and contributes to existing sense of place and cultural identity. Ensure development recognises distinctive urban forms and layout and their relationship to landscape and vegetation.

92 Development Hearings Panel Page Energy and resource efficiency Objective To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. Strategies Ensure that buildings and subdivision design improves efficiency in energy use. Promote consolidation of urban development and integration of land use and transport. Clause Integrated housing Objective To promote a housing market that meets community needs. Strategies Increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land. Ensure that the planning system supports the appropriate quantity, quality and type of housing, including the provision of aged care facilities. Ensure housing developments are integrated with infrastructure and services, whether they are located in existing suburbs, growth areas or regional towns. Encourage housing that is both water efficient and energy efficient. Clause Location of residential development Objective To locate new housing in or close to activity centres and in urban renewal precincts and sites that offer good access to jobs, services and transport. Strategies Increase the proportion of new housing in designated locations within established urban areas and reduce the share of new dwellings in greenfield and dispersed development areas. Encourage higher density housing development on sites that are well located in relation to jobs, services and public transport. Ensure an adequate supply of redevelopment opportunities within established urban areas to reduce the pressure for fringe development. Facilitate residential development that is cost-effective in infrastructure provision and use, energy efficient, incorporates water efficient design principles and encourages public transport use. Identify opportunities for increased residential densities to help consolidate urban areas. Clause Housing diversity Objective To provide for a range of housing types to meet increasingly diverse needs. Strategies Ensure housing stock matches changing demand by widening housing choice, particularly in the middle and outer suburbs. Encourage the development of well-designed medium-density housing which: o Respects the neighbourhood character. o Improves housing choice. o Makes better use of existing infrastructure. o Improves energy efficiency of housing.

93 Development Hearings Panel Page 93 Support opportunities for a wide range of income groups to choose housing in wellserviced locations.

94 Development Hearings Panel Page 94 Clause Housing affordability Objective To deliver more affordable housing closer to jobs, transport and services. Strategies Improve housing affordability by: o Ensuring land supply continues to be sufficient to meet demand. o Increasing choice in housing type, tenure and cost to meet the needs of households as they move through life cycle changes and to support diverse communities. o Promoting good housing and urban design to minimise negative environmental impacts and keep down costs for residents and the wider community. Local Planning Policy Framework Municipal Strategic Statement Clause Urban consolidation Objectives To provide for the consolidation of existing urban areas in a managed way. To encourage an appropriate range of development densities. To improve accessibility to urban services. Strategies Manage urban consolidation and housing change across the municipality, by: o Maximising opportunities for housing within Increased Housing Diversity Areas (as defined in Clause Increased Housing Diversity Areas) by accommodating; - high density housing in the activity centres consistent with their primary commercial and retail role; and - medium density housing in residential areas with more intensive development being located closest to the core of activity centres. o Supporting appropriate medium density housing in the General Residential Zone (Schedule 1) areas. o Providing for incremental change in the General Residential Zone (Schedule 2) areas. Encourage medium density housing in the Mixed Use Zone. Clause Neighbourhood character Objectives To manage the impact of urban change on existing neighbourhoods. To ensure that new development responds to the existing neighbourhood character. To protect areas with a significant garden character. To protect areas with views to significant landscape features. Strategies Acknowledge that neighbourhood character in the Increased Housing Diversity Areas will adapt and evolve over time, particularly within and on the edges of activity centres, where land use and development will intensify. Ensure that development is responsive to the established character of the area. Support appropriate medium density housing that respects the existing neighbourhood character in the General Residential Zone areas.

95 Development Hearings Panel Page 95 Ensure that development in the transition areas of the Residential Growth Zones is responsive to and respectful of the neighbourhood character in any adjoining residential zones.

96 Development Hearings Panel Page 96 Clause The Bellarine Peninsula Objectives To protect and enhance the rural and coastal environment on the Bellarine Peninsula and maintain non-urban breaks between settlements. To facilitate the development of Ocean Grove, Drysdale/Clifton Springs and Leopold as hubs of development and service provision on the Bellarine Peninsula. In all other townships on the Bellarine Peninsula provide retail, commercial and community uses and facilities that serve the daily needs of the community and encourage street based activity. To provide for sustainable industrial, commercial, retail, agricultural and tourism development in designated locations, to service the wider Bellarine community. To preserve the individual character, identity and role of each Bellarine township. Strategies Ensure that development responds to the identity and character of the individual Township in which it is located. Protect rural and coastal environments from inappropriate urban encroachment. Ensure land use and development proceeds generally in accordance with the relevant Structure Plan maps included in this Clause. Ensure that development outside of settlement boundaries (as shown in the Structure Plan maps included in this clause) does not compromise the rural, environmental and landscape values of the non-urban breaks. Direct the bulk of residential growth and retail development to Ocean Grove, Drysdale/Clifton Springs and Leopold consistent with the relevant Structure Plan maps included in this clause. Direct bulky goods retailing and industrial development to existing and future areas as identified in Structure Plan maps included in this clause. Portarlington: Support the on-going management, enhancement and sensitive development of the foreshore, including a place making project for the main activity node, Point Richards Flora and Fauna Reserve and Salt Lagoon Wildlife Reserve. Encourage development which respects the coastal landscape setting of Portarlington by: - Providing reasonable sharing of views of the coast and foreshore, where a view has been identified in an overlay. - Promoting contemporary design that reflects the existing scale, setbacks, spacing, forms and materials of the buildings in the locality. - Ensuring that development allows for the protection of significant vegetation and/or planting around buildings and has minimal impact on roadside vegetation. Support the establishment of a Portarlington Community Hub. Support the redevelopment of the Country Fire Authority fire station. Support the integration of the Portarlington town centre and pier-foreshore area.

97 Development Hearings Panel Page 97 Support the development of the development opportunity sites, as shown on the Structure Plan Map, including: - Development of a focal building at Newcombe Street, Portarlington. - Redevelopment of the rear of Newcomb Street in a manner that is sympathetic to and maintains the heritage context of the site. - Redevelopment of the block behind Newcomb Street and Fenwick Street to improve pedestrian connectivity by creating a two-way rear lane system and additional shop front activation. - Support development in the Portarlington town centre incorporating accommodation uses above ground level retail floor space, where such development meets all parking and access requirements. Support the use and development of Mercer Street, Portarlington for aged care living. Local Planning Policies Clause Increased Housing Diversity Areas This policy provides guidance on development in Council s Increased Housing Diversity Areas (IHDA). IHDAs have been identified around activity centres and have significant capacity to accommodate residential growth and increased housing diversity. These areas can provide residents local shopping needs and/or are serviced by public transport. New development in these areas should encourage walking by residents and discourage reliance on cars for all trips. Medium density housing can have a greater impact on neighbourhood character than traditional detached housing. As housing density intensifies, it is important that design quality improves to ensure a positive contribution to the neighbourhood. Instead of applying a one size fits all approach, medium density development should be achieved through a range of housing typologies that best reflect the local context. Increased residential densities will be achieved through a mix of different building forms and scales. New housing in the form of units, townhouses, terrace housing and apartments will depart from traditional detached housing. In doing so it will respond to unique characteristics of an area such as heritage, significant vegetation, topography and views, which may reduce the development potential. Objectives To evolve the character of these areas through more intensive development. To ensure that the density, mass and scale of residential development is appropriate to the location, role and character of the specific IHDA. To ensure development makes a positive architectural and urban design contribution to the IHDA. To promote a diversity of housing types to cater to a variety of lifestyle needs. To promote walking trips and pedestrian safety within the IHDAs. To ensure that streetscape character in heritage areas is maintained. To encourage new development to provide a high level of on-site amenity for future residents.

98 Development Hearings Panel Page 98 Design Objectives Built Form Encourage innovative, high quality, site responsive medium density housing development. Encourage development that incorporates a combination of horizontal and vertical articulation, materials, textures and colours to create visual interest. Encourage a sympathetic design response when addressing any unique characteristics such as heritage places, significant vegetation, topography and public spaces. Discourage storage areas located within the minimum area of secluded open space. Building Height Encourage two and three storey development. Three storey development should be encouraged on larger sites abutting the activity centre or where the amenity of adjoining properties will not be unreasonably impacted. Encourage the recessing of the third storey to reduce dominance of the building from adjoining properties and the streetscape. Ensure that the height and bulk of the new development on interface properties, between an IHDA and other residential areas, is responsive to the adjoining character and provides a transition in the built form between areas. Landscaping and Vegetation Where appropriate, provide a street tree to enhance the contribution of the development to the streetscape. Subdivision and Consolidation Encourage the consolidation of lots to increase development potential. Discourage the fragmentation of sites and underdevelopment of sites. Car Parking Ensure that the visual prominence of car parking structures is minimised by locating them behind the line of the front façade and designing them to form a visually unobtrusive part of the building. Where more than one car space is provided, encourage the use of a single-width garage or carport and a tandem parking space on existing or proposed lots with a frontage of less than 10.5m. Minimise the number of vehicle crossings and where possible, access should be from lower order roads and rear laneways. Coastal IHDA Design Objectives Encourage innovative architecture that respects the coastal setting by incorporating a variety of lightweight materials, building elements and details that contribute to a lightness of structure (including balconies, verandahs, extensive glazing, light transparent balustrading), simple detailing, roof forms and higher building elements to capture views. Retain the openness of the streetscape by avoiding the use of front fences or by providing low permeable front fences. Encourage landscaping to be incorporated into the overall development including planting of a canopy tree and/or large shrubs within front setbacks.

99 Development Hearings Panel Page 99 REFERRALS Engineering Services Engineering are comfortable that the revised plans address the major concerns and that a permit can be issued. The below response can be considered to incorporate Traffic Matters per the current process. The revised plans include turning templates and includes a reduction in the number of parking places and is acceptable. Engineering still recommend that the vehicle crossing be constructed a minimum of 5m wide for the first 7m from the kerb allowing a passing space. U/G drainage in Stevens Street to be extended across frontage of 50 Stevens Street to provide a Legal Point of Discharge Recommended conditions address the above matters and require the submission of drainage plans for approval by the unit. NOTIFICATION Amendment Of The Proposal Prior To Public Notification The application was revised on 17 July 2017 in response to requests and concerns raised in a further information request to the applicant dated 27 June The applicant made a request to amend the application pursuant to Section 50 of the Planning and Environment Act 1987 on 17 October Council accepted the amendment. The amendment made the following changes to the application: Creation of visitor car park space within carport of dwelling 1; Creation of vehicle turning area within carport of dwelling 2; Storage arrangement and dimensions shown on plans; Deletion of proposed swimming pool. The applicant made a request to amend the application pursuant to Section 50 of the Planning and Environment Act 1987 on 18 October Council accepted the amendment. The amendment made the following changes to the application: Addition of turning circle plan; Public Notification The application is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act and pursuant to Section 52 of the Planning and Environment Act 1987 the following forms of advertising were undertaken: Notices were sent to owners and occupiers of adjoining land (including opposite) A3 sign(s) was placed on the land

100 Development Hearings Panel Page 100 Objections/Consultation The advertised proposal received a total of fourteen (14) objections. The concerns of objectors are summarised and commented on below: Six dwelling proposal is an overdevelopment of the land and will provide a precedence for other similar developments; Scale and mass and design is out of character with the neighbourhood; Three storeys is not acceptable in this location; Response The subject site is located in the Residential Growth Zone where there is policy support in the State and Local Planning Policy Framework for the increase in density to sites that have good access to community services and infrastructure. This site is appropriately located for this increase in density. A proposed number of dwellings is considered acceptable where it can be shown that the proposal responds appropriately to the relevant policies of the planning scheme, including the amenity based criteria of Clause 55. Particularly, standards for overshadowing, overlooking, building height, and walls on boundaries should be met in order for the number of dwellings proposed to be considered acceptable. A detailed consideration of the standards and objectives of Clause 55 is included later in this report, however in summary, the standards for these key amenity based criteria are generally met by the proposed design. Acceptance of a defined number of dwellings proposed is not considered to represent a precedent, as consideration is required of the site context, and a proposal s response to specific matters, which are particular to each individual application and its circumstances of location. Likewise, objectors have indicated that the land should only be developed for three dwellings, as that is the maximum currently existing in the street. Using existing development levels as a criteria is contrary to the current planning policy which seeks to evolve character of areas through more intensive development, with change to the existing development styles expected. The purpose of the Residential Growth Zone is to encourage increased dwelling density and diversity, with respect of the existing neighbourhood character not prominent in the considerations of the policy. Having said this, it is noted the existing character of the area is varied, with examples of under-developed lots, by current standards, for even moderate density of housing, alongside multi-dwelling developments, single storey and double storey forms. The subject site is in the Increased Housing Diversity Area for Portarlington which lends further support to the proposal through Clause of the planning scheme for Neighbourhood Character. It includes in its Strategies to Acknowledge that neighbourhood character in the Increased Housing Diversity Areas will adapt and evolve over time, particularly within and on the edges of activity centres, where land use and development will intensify. Given the current under-development of land in the locality, it is expected that the character in this locality will adapt over time with an increase to housing density becoming more prominent.

101 Development Hearings Panel Page 101 With regard to concerns for the number of storeys proposed, it is important to note that the maximum overall height of the development (from natural ground level) is 9.5m, with the number of storeys being irrelevant. The relevant consideration is if the maximum height exceeds the standard defined in the planning scheme, which is 10.5m in the Residential Growth Zone, Schedule 3. Likewise, the Increased Housing Diversity policy at Clause allows consideration of dwellings of three storeys where the amenity of adjoining properties is not unreasonably impacted. Of note, in response to the objections regarding height and mass, the design has been reconsidered with dwellings 3 and 4 being proposed for three levels and located central to the site to reduce the visual prominence of the third story portion, and any impacts from shadowing to adjoining properties. Insufficient car parking provided for residents and visitors, and development will result in an increase in traffic and on-street parking; Response The proposal has supplied the required number of car park spaces in accordance with the requirements of Clause of the planning scheme for car parking. All three bedroom dwellings are supplied with two vehicle spaces, and two bedroom dwellings are supplied at least on car space in carport form. This arrangement, along with provision of a visitor space on-site meets the requirements of the car parking provisions. Should occupants or their visitors choose to park their vehicles outside the site, they are expected to do so legally. All on-street car park spaces are available for the use of any person, on a first come basis with there being no timed, ticketed or parking permit allocation in Stevens Street. It is expected that the increase in traffic movements associated with the development can be absorbed into the existing street network, with the circumstances of festivals or special events for Portarlington being considered extraneous to the consideration of everyday traffic and parking provision within a locality. Further, legally parked vehicles should not result in disturbance to road users and the use of the road network by those parking or driving is outside of the control of this assessment process. Development will impact on views from Willis Street properties; Response The adjoining lots to the rear of the subject site may have a view over the site towards the Portarlington waterfront. Whilst this view may be of value to the occupants of the adjoining dwellings, the Greater Geelong Planning Scheme does not recognise the view as one of significance in this location. In areas of the municipality where views are considered significant enough to warrant consideration in the review of planning applications, the land is generally applied with the Design and Development Overlay, Schedule 14 which addresses the matter of view sharing. Overshadowing will occur to my property; Response The proposal indicates that some overshadowing of adjoining properties will occur. Consideration of the extent of this impact is required under clause where at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. The proposal has demonstrated that the standard is achieved with at least the minimum amount of the adjoining dwellings private open space not being impacted.

102 Development Hearings Panel Page 102 Overlooking will occur to my property; Response The proposal has been amended in recent revisions to ensure that overlooking is mitigated in accordance with the requirements of clause Specific concerns were raised for the window facing south, and the east facing balconies. These issues have been addressed by the design with conditions recommended to ensure the measures are maintained. Insufficient permeable surface and open space to development; Response The proposed development is required to satisfactorily drained and ensure all stormwater is directed to the legal point of discharge, as agreed to by our Engineering Services Unit. This requirement shall be a condition of any planning permit to be issued for development on the site. With regard to open space to the proposal, the design has provided for upper floor open space in the form of balconies, which is acceptable in context with the relevant standard. Landscaping to the site will be undertaken in the front setback and in opportunities along pedestrian and vehicle accessways. Increased noise levels; Response The proposed development will have the effect of increasing the numbers of persons accommodated on the land. With this will be an increased movement of vehicles and persons undertaking normal activities such as disposing of waste, doing outdoor activities such as gardening or entertaining, and using domestic appliances such as air conditioners or clothes dryers. These types of activities undertaken by occupants cannot be controlled via a planning permit, where the activities are an acceptable occurrence in a residential context. Application does not show/consider development at 50 Stevens Street; Response The concern has been brought to the attention of the designer. Whilst they have chosen not to update the plan set with the commenced development at 50 Stevens, the proposal has been amended to ensure amenity impacts to the commenced dwellings are considered. Loss in property value/rental income; Response Perceived impact on property value is not a consideration in the assessment of an application for planning approval. Consultation Meeting A consultation meeting was held with the objectors and applicant considering the concerns raised. The applicant (designer) indicated that some design changes could be considered to mitigate amenity impacts to adjoining land owners, with revised plans to be submitted and circulated to objectors.

103 Development Hearings Panel Page 103 Amendment Of The Application Following Public Notification The applicant made a request to amend the application following public notification pursuant to Section 57A of the Planning and Environment Act 1987 on 26 February Council has accepted the amendment. The amendment made the following changes to the application: Deletion of second floor / third level family room for Dwellings 5 and 6. Deletion of the first floor / second level Master Bedroom (including ensuite & WIR) for Dwelling 6 such that Dwelling 6 is a 2 bedroom dwelling. Provision of one car space within the carport for the 2 bedroom Dwelling 6. Provision of a the first floor / second level Master Bedroom (including ensuite & WIR) for Dwelling 2 such that it will become a 3-bedroom dwelling. Provision of two car parking spaces within the carport for the 3-bedroom Dwelling 2. The applicant made a request to amend the application following public notification pursuant to Section 57A of the Planning and Environment Act 1987 on 22 March Council has accepted the amendment. The amendment made the following changes to the application: Addition of screening to balconies to address overlooking. These are the plans currently under assessment. It was not considered necessary to readvertise the proposal based on the amendment, as the amendment would not result in any additional material detriment compared with the advertised application, for the following reasons: Overall scale of development has been decreased; Sufficient car parking provisions for proposed layout, in accordance with the standards of the planning scheme; Overlooking opportunities have been addressed. As the designer had indicated in the consultation meeting that some changes to the design could be considered, it was determined that the revised plans should be circulated to objectors, with the opportunity to withdraw or make additional comments if desired. The plans were circulated via post with four objector making additional comments. Most of the additional content re-iterated existing concerns for the proposal, however the objector adjoining to the rear at 39 Willis Street has expressed their appreciation for the changes made by the applicant, with their acceptance of the lower height of the south unit abutting their boundary, and the reduced impact generated by overshadowing. The objector retains their concerns for landscaping and impact on neighbourhood character. There have been no objections withdrawn on the basis of these amended plans being lodged with Council. Assessment The following matters have been given consideration in accordance with the relevant requirements of the Greater Geelong Planning Scheme.

104 Development Hearings Panel Page 104 Clause Car Parking To ensure that car parking is provided in accordance with the State Planning Policy Framework and the Local Planning Policy Framework. To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. To support sustainable transport alternatives to the motor car. To promotes the efficient use of car parking spaces through the consolidation of car parking facilities. To ensure that car parking does not adversely affect the amenity off the locality. To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use. Response Clause requires the provision of 10 occupant car spaces and 1 additional visitor space to be located on the land. A total of 11 car spaces are provided. Design Standards Access way at entry must be 5m wide for a distance of 7m from kerb to allow for vehicles entering and leaving at same time to pass; Access way width is acceptable with no width less than 3m; All vehicles can exit forward from the common driveway to the road network; All carport spaces meet minimum dimensions; Bollard lighting to be required to ensure safe use of common property; Location of visitor car parking adjacent dwelling 1 is acceptable without impacting streetscape signage/linemarking is required to direct visitors to use the space; Given the fall of the land, it is considered prudent to ensure the vehicle access gradients are in accordance with the design standard 3. A condition will require this be notated on the plans.

105 Development Hearings Panel Page 105 Clause 55 - ResCode Assessment Two or More Dwellings on a Lot The development is required to be assessed against Clause 55 as set out below: Neighbourhood character objectives To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character. To ensure that the design responds to the features of the site and the surrounding area 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 Standard B1 The design response must be appropriate to the neighbourhood and the site. The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site. Standard B2 An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Complies The proposal is located in the Residential Growth Zone where emphasis on responsiveness to neighbourhood character is tempered by the encouragement of increased dwelling density and diversity in housing form. The proposal has sought to respond to the emerging coastal form of housing within the locality, along with seeking to integrate the development with the slope of the land. The built form presents with modern construction and materials of vertical claddings, along with articulation and cuboid roof forms. Complies As set out above, the application complies with the planning policy framework. The required written statement has been provided.

106 Development Hearings Panel Page 106 public transport and community infrastructure and services Dwelling diversity objective To encourage a range of dwelling sizes and types in developments of ten or more dwellings 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 Integration with the street objectives To integrate the layout of development with the street. Standard B3 Developments of ten or more dwellings should provide a range of dwelling sizes and types, including: Dwellings with a different number of bedrooms. At least one dwelling that contains a kitchen, bath or shower, and a toilet and wash basin at ground floor level. Standard B4 Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, if available. Development should not unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads. In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure. Standard B5 Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility. Development should be oriented to front existing and proposed streets. High fencing in front of dwellings should be avoided if practicable. Complies The proposal ensures most dwellings are accessible at grade, or by one step up and provides a choice of dwellings with either two or three bedrooms. Complies The site is serviced by the required infrastructure and the application has been referred to Council s Engineers who have not raised any concern about the ability of the site to be drained. Conditions of permit cover off on this issue. Complies The development is addressed to Stevens Street, with pedestrian and vehicle links to the street provided. There is no high front fencing proposed for this development.

107 Development Hearings Panel Page 107 Development next to existing public open space should be laid out to complement the open space.

108 Development Hearings Panel Page 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 Building height objectives To ensure that the height of buildings respects the existing or preferred neighbourhood character. Standard B6 Walls of buildings should be set back from streets the distance specified in Table B1. Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than 2.5 metres into the setbacks of this standard. Standard B7 The maximum building height should not exceed the maximum height specified in the zone, schedule to the zone or an overlay that applies to the land. If no maximum height is specified in the zone, schedule to the zone or an overlay, the maximum building height should not exceed 9 metres, unless 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 building height should not exceed 10 metres. Changes of building height between existing buildings and new buildings should be graduated. Complies The application complies with the standard with a setback of 6.9m. RGZ3 varied standard requires: If the site is in a heritage overlay, the average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 9 metres, whichever is the lesser. In all other areas, the average distance of the setbacks of the front walls of the existing buildings on the abutting allotments facing the front street or 5.5 metres, whichever is the lesser. Complies with standard The maximum building height proposed is 9.5m, with the varied standard of the RGZ3 allowing up to 10.5m. The predominant dwelling heights within the area are of single or double storey in scale, to which this proposal exceeds through the centre part of the development (dwellings 3 and 4). Whilst the proposal exceeds the surrounding form, it is considered appropriate in this location where the slope of the land allows for the development to step down the site, encouraging articulation of roof and wall portions. In addition, the IHDA policy encourages the three storey development where appropriately recessed to reduce dominance, and avoid unreasonable amenity impacts. It is considered that this has been achieved by the third storey portion of the development.

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110 Development Hearings Panel Page Site coverage objective To encourage development that respects the landscape character of the neighbourhood. To encourage the retention of significant trees on the site Permeability objectives To reduce the impact of increased stormwater run-off on the drainage system. To facilitate on-site stormwater infiltration. Standard B8 The site area covered by buildings should not exceed 60 per cent. Standard B9 At least 20 per cent of the site should not be covered by impervious surfaces. Complies The site coverage of buildings is 56 percent of the site, which is less than the 70% allowed by the standard of the RGZ3 Complies The site retains 24 per cent permeability, assisting in on site stormwater filtration 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 Buildings should be: Oriented to make appropriate use of solar energy. Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced. Living areas and private open space should be located on the north side of the development, if practicable. Developments should be designed so that solar access to north-facing windows is maximised. Complies The dwellings are designed to take advantage of solar energy and living rooms and private open space areas and located to receive northern light.

111 Development Hearings Panel Page Open space objective To integrate the layout of development with any public and communal open space provided in or adjacent to the development Safety objective To ensure the layout of development provides for the safety and security of residents and property. Standard B11 If any public or communal open space is provided on site, it should: Be substantially fronted by dwellings, where appropriate. Provide outlook for as many dwellings as practicable. Be designed to protect any natural features on the site. Be accessible and useable. Standard B12 Entrances to dwellings and residential buildings should not be obscured or isolated from the street and internal accessways. Planting which creates unsafe spaces along streets and accessways should be avoided. Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal accessways. Private spaces within developments should be protected from inappropriate use as public thoroughfares. - N/A There is no communal open space requiring consideration. Complies The development is designed to provide for the safety and security of residents and property. The majority of dwelling entrances are visible from the internal accessway and private spaces within the development will be fenced. Bollard lighting shall be required to the common property accessway.

112 Development Hearings Panel Page Landscaping objectives 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 The landscape layout and design should: Protect any predominant landscape features of the neighbourhood. Take into account the soil type and drainage patterns of the site. Allow for intended vegetation growth and structural protection of buildings. In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals. Provide a safe, attractive and functional environment for residents. Development should provide for the retention or planting of trees, where these are part of the character of the neighbourhood. Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made. The landscape design should specify landscape themes, vegetation (location and species), paving and lighting. Complies There are acceptable areas available on site to allow for planting with an appropriate landscaping plan submitted for assessment.

113 Development Hearings Panel Page Access objective To ensure the number and design of vehicle crossovers respects the neighbourhood character Parking location objective To provide convenient parking for resident and visitor vehicles. To protect residents from vehicular noise within developments. Standard B14 The width of accessways or car spaces should not exceed: 33 per cent of the street frontage, or if the width of the street frontage is less than 20 metres, 40 per cent of the street frontage. No more than one single-width crossover should be provided for each dwelling fronting a street. The location of crossovers should maximise the retention of on-street car parking spaces. The number of access points to a road in a Road Zone should be minimised. Developments must provide for access for service, emergency and delivery vehicles. Standard B15 Car parking facilities should: Be reasonably close and convenient to dwellings and residential buildings. Be secure. Be well ventilated if enclosed. Large parking areas should be broken up with trees, buildings or different surface treatments. Shared accessways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway. Complies A total of 25 per cent of the frontage is taken up with vehicle crossing, which complies with the standard. The crossing /will be required to be widened to ensure sufficient passing for vehicles at the site entry, if required. Complies Convenient parking is provided for residents and shared accessways are located at least 1.5 metres from the windows of habitable rooms.

114 Development Hearings Panel Page 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 A new building not on or within 200mm of a boundary should be set back from side or rear boundaries: At least the distance specified in a schedule to the zone, or If no distance is specified in a schedule to the zone, 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres. Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard. Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard. Complies The required setbacks have been achieved for the development and all side and rear setbacks comply with the formula contained in the standard.

115 Development Hearings Panel Page 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 A new wall constructed on or within 200mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary: For a length of more than the distance specified in a schedule to the zone; or If no distance is specified in a schedule to the zone, for a length of more than: o 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or o Where there are existing or simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater. A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary. A building on a boundary includes a building set back up to 200mm from a boundary. The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall. Not Applicable No walls on boundary for consideration

116 Development Hearings Panel Page Daylight to windows objective To allow adequate daylight into existing habitable room windows. Standard B19 Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot. Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window. Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window. Complies The required light courts have been achieved and all windows have access to the required level of daylight North facing windows objective To allow adequate solar access to existing north-facing habitable room windows. Standard B20 If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east. - N/A There are no north facing windows on abutting lots which require consideration.

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118 Development Hearings Panel Page Overshadowing open space objective To ensure buildings do not significantly overshadow existing secluded private open space. Standard B21 Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced. Complies The level of overshadowing associated with the development is reasonable with shadowing to adjoining private open space within the standard applicable.

119 Development Hearings Panel Page Overlooking objective To limit views into existing secluded private open space and habitable room windows. Standard B22 A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level. A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either: Offset a minimum of 1.5 metres from the edge of one window to the edge of the other. Have sill heights of at least 1.7 metres above floor level. Have fixed, obscure glazing in any part of the window below 1.7 metre above floor level. Have permanently fixed external screens to at least 1.7 metres above floor level and be no more than 25 per cent transparent. Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard. Screens used to obscure a view should be: Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent panels. Permanent, fixed and durable. Designed and coloured to blend in with the development. This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary. Complies The development is designed to meet the requirements of the standard and therefore views into existing secluded private open space areas and habitable room windows have been limited. Introduction of fixed screens and frosted glass balustrades will ensure overlooking is obscured from external balconies of the proposed dwellings.

120 Development Hearings Panel Page 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 Windows and balconies should be designed to prevent overlooking of more than 50 per cent of the secluded private open space of a lower-level dwelling or residential building directly below and within the same development. Complies Internal views have been considered in the design solution and there is no internal overlooking Noise impacts objective To contain noise sources in developments that may affect existing dwellings. To protect residents from external noise. Standard B24 Noise sources, such as mechanical plant, should not be located near bedrooms of immediately adjacent existing dwellings. Noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjacent properties. Dwellings and residential buildings close to busy roads, railway lines or industry should be designed to limit noise levels in habitable rooms. Reasonable impacts expected in Residential Growth Zone Noise impacts will be present given the density of persons and vehicle movements likely to occur at the site Accessibility objective To encourage the consideration of the needs of people with limited mobility in the design of developments. Standard B25 The dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility. satisfactory The entries to the ground floor of the dwellings are accessible to those with limited mobility. Upper floors will require mechanical assistance if required.

121 Development Hearings Panel Page Dwelling entry objective To provide each dwelling or residential building with its own sense of identity. Standard B26 Entries to dwellings and residential buildings should: Be visible and easily identifiable from streets and other public areas. Provide shelter, a sense of personal address and a transitional space around the entry. Complies with variation Dwelling entries are visible and identifiable from the internal accessway, but may not be identifiable from the street. A sense of identity for each dwelling is gained via building separation, individual vehicle parking and individual balconies, visible to the street. A transitional space is provided at each dwelling entry Daylight to new windows objective To allow adequate daylight into new habitable room windows. Standard B27 A window in a habitable room should be located to face: An outdoor space clear to the sky or a light court with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or A verandah provided it is open for at least one third of its perimeter, or A carport provided it has two or more open sides and is open for at least one third of its perimeter. Complies All habitable room windows face an outdoor space of the required dimensions, allowing light into habitable rooms.

122 Development Hearings Panel Page Private open space objective To provide adequate private open space for the reasonable recreation and service needs of residents. B28 A dwelling or residential building should have private open space of an area and dimensions specified in the schedule to the zone. If no area or dimensions are specified in the schedule to the zone, a dwelling or residential building should have private open space consisting of: An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room, or A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room. Complies The proposed development has been provided with the minimum 8 square metres of balcony form open space with a minimum dimension of 1.6 metres and is therefore in accordance with the standard. Each dwelling balcony is 13.15sqm.

123 Development Hearings Panel Page 123 Clause Solar Access to Open Space To allow solar access into the secluded private open space of new dwellings and residential buildings. Clause Storage To provide adequate storage facilities for each dwelling. Standard B29 The private open space should be located on the north side of the dwelling or residential building, if appropriate. The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2+0.9h) metres, where h is the height of the wall. Standard B30 Each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space. Complies The proposed open space receives adequate solar access. Complies The appropriate storage areas have been provided in accordance with the standard. Clause Design Detail To encourage design detail that respects the existing or preferred neighbourhood character. Standard B31 The design of buildings, including: Façade articulation and detailing, Window and door proportions, Roof form, and Verandahs, eaves and parapets, should respect the existing or preferred neighbourhood character. Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character. Complies The proposed development is considered to be acceptable in the locality through the use and design of façade articulation & detailing, window and door proportions, roof form and outdoor spaces. Roof form is articulated throughout the development along with feature cladding to allow some individuality to the dwellings. The carport structures are considered to be visually compatible with the development and generally acceptable to the neighbourhood character where garaging is usually recessive.

124 Development Hearings Panel Page 124 Clause Front Fences To encourage front fence design that respects the existing or preferred neighbourhood character. Clause Common Property 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. Clause Site Services To ensure that site services can be installed and easily maintained. To ensure that site facilities are accessible, adequate and attractive. Standard B32 The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties. A front fence within 3 metres of a street should not exceed: Streets in a Road Zone, Category 1: 2 metres. Other streets: 1.5 metres. B33 Development should clearly delineate public, communal and private areas. Common property, where provided, should be functional and capable of efficient management. B34 The design and layout of dwellings and residential buildings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically. Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development. Bin and recycling enclosures should be located for convenient access by residents. Mailboxes should be provided and located for convenient access as required by Australia Post. - N/A No front fence is proposed. Complies The common property area provided as part of this development is practical and could easily be maintained. Complies The dwelling layout and design provides for sufficient space and facilities for services to be installed and maintained. Bin and recycling enclosures, mailboxes and other site facilities have been provided adequately and will blend in with the development. The site facilities including mailboxes, bin and recycling enclosures and mailboxes have been provided and located for convenient access.

125 Development Hearings Panel Page 125 Decision Guidelines of Clause 65: Clause 65 of the Greater Geelong Planning Scheme outlines the decision guidelines to be considered by the Responsible Authority when making decisions on applications. These decision guidelines include: The matters set out in Section 60 of the Act. The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The purpose of the zone, overlay or other provision. Any matter required to be considered in the zone, overlay or other provision. The orderly planning of the area. The effect on the amenity of the area. The proximity of the land to any public land. Factors likely to cause or contribute to land degradation, salinity or reduce water quality. Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site. The extent and character of native vegetation and the likelihood of its destruction. Whether native vegetation is to be or can be protected, planted or allowed to regenerate. The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard. Response to Policy The site is located in the Residential Growth Zone, Schedule 3 and within the Portarlington Increased Housing Diversity Area. The combination of policies applying to the land results in an emphasis on development being supported for an increase in dwelling density and diversity in housing design to address identified need in communities. Neighbourhood character has been of concern to the objectors of this proposal specifically with regard to the change in density proposed. Character is particularly subjective and as such the planning assessment must give weight to the discussion of how a proposal can provide for an acceptable character outcome for dwelling design and how the proposed design responds to amenity concerns. The policies relating to dwelling density encourage an increase in this location, and recognise that the character of the area will evolve over time. Evolution of neighbourhood character must consider that the existing built form is not necessarily the best outcome for the future direction of housing in different forms. With regards to character, the Victorian Civil and Administration Tribunal (VCAT) have previously commented: In considering this issue, the first point to be made is that the notion of development which is ''respectful'' of neighbourhood character does not imply that such development must be the same as what already exists. If policy, the purpose of the zone and the objectives of Clause 55 were calling for the development that is more of the same, then they would say so. Rather the notion of "respectful" development must embrace the need for change and diversity in the type of dwellings that are provided and an increase in the intensity of development in circumstances where this is encouraged by planning policy and the purpose of the zone. lioray Ptv Ltd v Darebin CC and Ors [2003] VCAT 692

126 Development Hearings Panel Page 126 As noted in Iloray, expectations for neighbourhood character outcomes must be derived from the planning policy framework. Given that the site is not subject to a single dwelling covenant or any form of prescriptive neighbourhood character controls, there is potential that the lots in the area could be developed further. Successful response to the purpose of the Residential Growth Zone and objectives of Clause 55 of the scheme will determine if the site is suitable for the type of proposal submitted here. The application has demonstrated the ability to meet the objectives and standards of Clause 55 and has integrated some modern design details in an effort to respect the emerging coastal neighbourhood character for modern dwelling style and scale. Use of modern materials common to the locality, along with articulated cuboid roof form, and design detail such as appropriate window forms, non-dominant garaging, and space for frontage landscaping all serve to integrate the proposal with the locality in general. It is acknowledged that development in the locality is of single dwellings on larger lots or multidwellings with a maximum of three. However, contemporary development forms seek to make efficient use of sites by maximising developable land with reduced front setbacks, multi-level forms and providing low maintenance courtyard/balcony style open space in denser forms, with the current planning policy encouraging development form to evolve from the existing development pattern. The subject site is located in the Portarlington Increased Housing Diversity Area, to which the policy at Clause seeks to accommodate intensification of residential development. The proposal facilitates this in a form that is somewhat pioneering in this locality, but nonetheless an acceptable addition where amenity impacts are negligible or reasonable. Whilst this proposal is the first to generate such a change to the density of dwellings, it is considered that the locality will begin to transition given the number of under-developed allotments in the surrounding Residential Growth Zone. The proposal is considered to be an acceptable balance of current policy for infill development at an increased density, whilst offering a modern design response to the character of the locality. The design has sought to soften the intensity of the development by incorporating appropriate setbacks to boundaries, front setback in accordance with the standard, articulated scale and form with modern materials and style; and by stepping the form down the site with the slope of the land. The development meets the requirements of the State and Local Planning Policy for provision of infill development in locations with access to appropriate existing services and infrastructure. Clause and Clause of the Local Planning Policy Framework are policies in support of the proposal, encouraging increased density and ultimately change in the area. Clause of the Greater Geelong Planning Scheme for Increased Housing Diversity Areas (IHDA) provides support for the implementation of general policy direction seeking to provide for more efficient housing development and decrease reliance on vehicle use as a result of urban sprawl. The policy directs that redevelopment of housing stock should be well designed, site responsive, contemporary medium density housing. It is considered that the proposal represents these characteristics with the design integrating with the slope of the land, and providing a contemporary dwelling choice in the locality.

127 Development Hearings Panel Page 127 The IHDA policy provides design objectives to which proposals should appropriately respond to. With regard to Built Form, the policy seeks to: Encourage innovative, high quality, site responsive medium density housing development. Encourage development that incorporates a combination of horizontal and vertical articulation, materials, textures and colours to create visual interest. Encourage a sympathetic design response when addressing any unique characteristics such as heritage places, significant vegetation, topography and public spaces. Discourage storage areas located within the minimum area of secluded open space. It is considered that the proposal successfully responds to the criteria with the design response integrating into the site, utilising modern materials, and providing appropriate articulation to wall planes. With regard to Building Height, the policy seeks to: Encourage two and three storey development. Three storey development should be encouraged on larger sites abutting the activity centre or where the amenity of adjoining properties will not be unreasonably impacted. Encourage the recessing of the third storey to reduce dominance of the building from adjoining properties and the streetscape. Ensure that the height and bulk of the new development on interface properties, between an IHDA and other residential areas, is responsive to the adjoining character and provides a transition in the built form between areas. The proposal incorporates various scale throughout the site, with portions of built form having heights equal to single, double, and three storey, at a maximum point being 9.5m from natural ground level. The policy seeks to encourage this extent in vertical built form, with the criteria being that the location should be a larger site ( larger having no defined meaning in the policy) abutting the activity centre, or where the amenity of adjoining properties is not unreasonably impacted. Turning to the standards of Clause 55 to determine reasonableness of impact on adjoining properties, it is noted that the proposal generally complies with the amenity based objectives and standards, especially those for overshadowing, overlooking, setbacks to boundaries and wall heights. The design objectives also encourage recessing of the third storey to reduce dominance of the form from adjoining properties and the streetscape. It is considered that this has been achieved with the articulated cuboid form, with the three storey portion set in 8.2m from the rear boundary, 6.5m from the west boundary, 6.6m from the east boundary, and 23m from the front boundary. At these setbacks, especially in the streetscape perspective, the third storey will not be a prominent characteristic of the building, and in some cases will not be visible at all. The location of the site within the Increased Housing Diversity Area is also an important consideration with regard to overall height. The subject site is located one block to the south of the Commercial 1 Zone, and generally central to the IHDA. This location envisages that further development to the surrounding lots may occur at similar scale and density, with the scale transitioning to more traditional forms at the interface with the General Residential Zone, located further south of the site between Willis and Langdon Streets. As such, consideration of transition to adjoining residential character is not a prominent factor in this instance.

128 Development Hearings Panel Page 128 Additional design objective of the IHDA policy that are relevant to the proposal include: Discourage the fragmentation of sites and underdevelopment of sites. Where more than one car space is provided, encourage the use of a single-width garage or carport and a tandem parking space on existing or proposed lots with a frontage of less than 10.5m. Minimise the number of vehicle crossings and where possible, access should be from lower order roads and rear laneways. The proposal receives support from the above design objectives and it is considered that the built form proposed is offering an appropriate scale of development to the site, not an underdevelopment of the site. Car parking has also been designed in a form that is supported by the policy with recessed carport spaces proposed. Additional decision guidelines are to be considered for coastal Increased Housing Diversity Areas where consideration is required of: The extent to which the proposal meets the policy and design objectives of this clause. Whether the development provides a high level of amenity for future residents. Whether the development unreasonably reduces opportunities for neighbouring sites to reasonably develop. The proposal responds positively to these points with the dwelling designs providing variety of layout, sufficient internal amenity to bedrooms and living spaces, and adequate outdoor balcony space considered satisfactory under the relevant standards for size, location and solar access. Future residents will have opportunity to engage in a small footprint lifestyle with easy access to the amenities of Portarlington town centre. The proposal will also allow for unimpeded development on surrounding land due to sufficient setbacks to boundaries, reduced overshadowing impacts and recessive third story component. The proposal has attracted fourteen (14) objections from surrounding residents with a common concern relating to amenity impacts that may result from the number of dwellings and associated traffic generation and parking. The proposal has supplied the required car park spaces per dwelling, in double carport arrangement, allowable under clause of the planning scheme. However, there is concern that the proposed dwellings will attract occupants with more than two vehicles per dwelling, resulting in overflow to on-street parking in Stevens Street. Generally this is not a planning concern with on-street parking being considered as a Council asset which is available for all users on a first come basis. As mentioned earlier, there is an assumption that vehicle users both park and drive in accordance with the relevant regulations. As such, there is no further requirement of the planning assessment with regard to the car parking provisions to the proposal. Legislative Issues The Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are the relevant documents under which Council must consider this application.

129 Development Hearings Panel Page 129 Conclusion The concerns of objectors are noted. The applicant has undertaken alterations to the proposal in an effort to address the concerns of objectors, specifically with regard to overlooking, overshadowing, and decreasing the third storey element. The proposal has generally shown compliance with all required objectives and standards of Clause 55 of the Greater Geelong Planning Scheme resulting in a proposal with impacts that are considered reasonable in the context of the planning scheme controls. Concerns for neighbourhood character and increased housing density are noted however it is considered that there is ample policy support for the proposal in both the State and Local planning policies of the Greater Geelong Planning Scheme. The location of the development is appropriate for an increased dwelling density given its close vicinity to the Portarlington activity centre, recreation facilities, retail and community services. The increase in dwellings at the site will utilise established infrastructure and provide for a diversity of choice in the area without creating an adverse impact upon the streetscape. The dwellings design will be an addition to the housing market in the locality where dwellings on low maintenance lots achieve a desirable living option for a diverse section of the community. As such it is recommended that the application be supported via the issue of a Notice of Decision.

130 Development Hearings Panel Page 130 Application No: Applicant: Subject Land: Owner: Zone: Overlays: Existing Use: Proposal: PP Hamgarden Properties Pty Ltd 1 Rutland Street, NEWTOWN Hamgarden Properties Pty Ltd Mixed Use Zone Design and Development Overlay (DDO26); Environmental Audit Overlay Industrial/Commercial Building Building and Works to Alter and Extend the Existing Building, Use of the Land for Offices and a Reduction of the Standard Carparking Requirements Contained in Clause Subject Site Indicates Objectors 1 RUTLAND STREET, NEWTOWN

131 Development Hearings Panel Page 131 Summary This application was heard by Council s Development Hearings Panel on 15 February The DHP Panel deferred the application and requested the applicant provide a revised traffic report looking into alternative modes of transport. It was also requested to review the car park area in comparison to the plans. The applicant provided further information on 5 April The information included: Formally amended plan site plan to include two additional car parking spaces, a disabled car space, internal bicycle parking and the removal of the rear access door from tenancy 4. A letter from The Planning Professionals (Ref: 17032). A letter from ESR Transport Planning dated 27 March Two aerial imagery context plans one showing all or part day parking available to the north and west of the subject site and a for a greater area than the ESR Transport Planning and a second plan showing the wider South Geelong area marking council parking, Barwon River cycling trail and bus stops. The subject site is located on the corner of Rutland and Bloomsbury Streets. The site has a frontage to Rutland Street of metres and an overall area of approximately square metres. The site currently contains a single storey building, previously used for auto-electrical motor vehicle servicing and repairs and also has an association with the Woollen Mills. A car park in located at the rear, accessed from Bloomsbury Street. The subject land is zoned Mixed Use and is affected by the Design and Development Overlay, Schedule 26. The site is also located within the West Fyans Fyans Street Precinct Structure Plan area. The proposal seeks to alter and extend an existing building for use of offices and a reduction in the standard carparking requirements. The application was advertised by way of two signs on site and letters to owners and occupiers of adjoining and nearby land. As a result of the advertising, seven objections were received. The objections mostly related to the impact of on-street carparking as a result of the variation to the standard car parking rate. Also of concern is the impact of the office use on the existing milk depot business. A consultation meeting was held on 28 November There were no agreed outcomes and no objections were withdrawn. The application has been assessed against the relevant state and local planning policy, including policy relating to the West Fyans Fyans Street Precinct and Clause (Carparking). Whilst the proposal has strategic support for the proposed uses, it is considered that on evaluating the traffic report and Council s traffic referral advice, that the shortfall of onsite car parking spaces cannot be adequately justified in this instance and the impact to residents and people working in the area will be significant. Comments were also sought from Council s Engineering Department in relation to the revised carpark layout shown in the revised plans received 5 April The amended plans and supporting information have been considered and the officer recommendation has not change except with the addition of two additional grounds (grounds 3 and 4). Therefore, the officer recommendation is one of refusal of the application.

132 Development Hearings Panel Page 132 Recommendation That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Issue a Refusal to Grant a Planning Permit for the Building and Works to Alter and Extend the Existing Building, Use of the Land for Offices and a Reduction of the Standard Carparking Requirements Contained in Clause at 1 Rutland Street, NEWTOWN on the following grounds: 1. The proposal is not consistent with the purpose of Clause (Carparking) as insufficient on-site carparking spaces is provided this will have an adverse affect on the amenity of the area, in particular the residential part of the precinct. 2. The proposal does not provide sufficient on-site carparking spaces and cannot be adequately justified and is therefore inconsistent with the policy in the Design and Development Overlay (Schedule 26) to limit the need for vehicles parking in the street. 3. The carpark design and layout does not comply with Clause and the Australian Standard for Carparking and Disabled Carparking with regard to the disabled car parking and vehicles will not be able to adequately enter and leave the parallel car parking spaces. 4. The proposal will not be able to provide a suitable area for waste bins for the offices and shop. Lost Alternate Recommendation Moved: Tim Hellsten Seconded: Melissa Garrett That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Issue a Notice of Decision to Grant a Planning Permit for the Buildings and Works to Alter and Extend the Existing Building, Use of the Land for Offices and a Reduction of the Standard Carparking Requirements Contained in Clause generally in accordance with the plans submitted with the application and subject to the following conditions: Amended Plans 1. Prior to the development commencing three (3) copies of 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 must be generally in accordance with the advertised plans received on 5 April 2018 but modified to show: a) A minimum of 10 on site car parking spaces that meet the requirements of Clause of the Planning Scheme b) Waste bin storage and collection area c) Provision of 8 bicycle spaces d) External lighting in the carpark and accessways area.

133 Development Hearings Panel Page 133 e) Car parking allocation for the tenancies with at least one car parking space for each tenancy. f) Plant selection details for the garden beds in the front setback including species, quantities and pot size. Endorsed Plans 2. The development and/or use as shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority. Drainage 3. The site must be drained to the satisfaction of the Responsible Authority and no concentrated storm water may drain or discharge from the land to adjoining properties. 4. The site stormwater system must be designed and installed such that: a) The site stormwater discharge is not increased by the proposed development. An appropriate on site detention system designed in accordance with the Infrastructure Design Manual may be required; Prior to Occupation of the Development 5. Unless otherwise approved in writing by the Responsible Authority, prior to the occupation of the development, the developer must: a) Construct the stormwater system into the underground drain in Bloomsbury Street, or other nominated point/s as approved by the Responsible Authority. The stormwater connection must be in accordance with the City of Greater Geelong Standard Drawings. b) Construct the vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong and remove the redundant vehicular crossings with kerb and channel and the footpath/nature strip area reinstated to match existing construction in the street. c) Construct and drain the carpark and accessway and surface with an allweather sealed coat and linemark the carparking spaces and accessway in accordance with the endorsed plans. d) Clean and finish all external walls on or facing property boundaries. e) Install external lighting in the car park area. f) Complete the landscaping as shown on the endorsed plans. all to the satisfaction of the Responsible Authority. External Lighting 6. Prior to the commencement of the use, the external lighting as shown on the endorsed plans must be installed. Parking, Access and Pedestrian Paths 7. The car parking spaces and vehicle access must be available for these purposes at all times. Expiry 8. This permit as it relates to the use and development will expire if one of the following circumstances applies:

134 Development Hearings Panel Page 134 NOTES: a) The use and/or development hereby approved has not commenced within two (2) years of the date of this permit. b) The development hereby approved is not completed within four (4) years of the date of this permit. c) The use has not commenced within 4 years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires; or a) Within six (6) months after the permit expires where the use or development has not yet started; or b) Within twelve (12) months after the permit expires, where the development allowed by the permit has lawfully commenced before the permit expiry. Inspection Fees 1. Construction of the site stormwater connections is to be inspected by Council Representative at various stages. An appropriate fee equivalent to 3.25% of total cost of civil works, excluding GST (a minimum fee of $100 applies if the 3.25% amount is less than $100), is to be paid to Council for inspection. Relevant evidential documentation of the cost is to be provided. Drainage Plans 2. The construction of any new Council asset shall be undertaken in accordance with approved plans designed in accordance with the Infrastructure Design Manual with construction in accordance with Council s standard procedures. Fees as specified under the Subdivision Act shall apply. Drainage 3. All internal property drainage must be designed and constructed to satisfy AS/NZS Vehicle Crossing Permit 4. A Vehicle Crossing Permit is required for new vehicle crossings or alterations to existing vehicle crossings. Carried Report The Site & Locality The subject site is located on the corner of Rutland and Bloomsbury Streets. The site has a frontage to Rutland Street of metres and an overall area of approximately square metres. The site contains an existing red brick building set back from Rutland Street 3.3 metres. The building most recently has been used for auto-electrical services. A car parking area is located behind the building accessed from Bloomsbury Street. The surrounding area comprises a mixture of uses. The adjoining land to the south and south east in Bloomsbury Street contains a milk processing/distribution depot accessed from

135 Development Hearings Panel Page 135 Bloomsbury Street. Residential properties are located to the north of the subject site and large sites to the west of the subject site contain buildings from the former woollen mills and now are occupied by a range of office, gallery and café uses. To the east of the site, there are a mixture of industrial and commercial uses including the large site used for private car parking/storage in association with a car retailer. Photo 1: Subject Site, view from Rutland Street (Source: S. Brown, 26 September 2017)

136 Development Hearings Panel Page 136 Photo 2: Subject Site, view from Bloomsbury Street (Source: S. Brown, 26 September 2017) Photo 3: Subject Site, Existing car park at rear (Source: S. Brown, 26 September 2017)

137 Development Hearings Panel Page 137 Map 1: Subject Site (with blue outline) Source: Weave maps SITE HISTORY Previous planning permits issued to the site include PP for an auto electrical business. PROPOSAL The proposal is for building and works to alter and extend the existing building, use of the land for offices and a reduction of the standard carparking requirements contained in Clause The proposal can be summarised as follows: Internal alterations to the existing building to create eight tenancies each with a mezzanine level and each tenancy with a floor area of approximately 120 square metres. Seven of the tenancies are proposed to be used for offices and the other as a shop. Works to the external fabric of the building include providing windows, removing the front roller door and replacing it with a front entrance leading to an internal foyer/atrium area from which the tenancies will be accessed. It is proposed to retain the existing landscaping beds in the front setback. It is proposed to provide 13 car parking spaces in the existing car park at the rear of the site (two nominated as shorter term car parking spaces).

138 Development Hearings Panel Page 138 PERMIT TRIGGERS Mixed Use Zone Pursuant to Clause , a permit is required to construct a building or construct or carry out works for a use in Section 2 of Clause Pursuant to Clause , a permit is required for use of office as the leasable floor area exceeds 250 square metres. It is noted that use of shop does not trigger planning permission due to the floor area of the shop not exceeding 150 square metres. Design and Development Overlay (Schedule 26) Pursuant to Clause and Schedule 26, a permit is required to construct a building or construct or carry out works. Clause Car parking Pursuant to Clause , a permit is required to reduce the number of required car parking spaces. Definition and Nesting Pursuant to Clause 74 of the Planning Scheme an office is defined as: Land used for administration, or clerical, technical, professional or other like business activity. No goods or materials intended for manufacture, sale, or hire may be stored on the land. Other than electoral office and medical centre, it does not include any other defined use. A shop is defined as Land used to sell goods or services, or to hire goods. It includes the selling of bread, pastries, cakes or other products baked on the premises. It does not include food and drink premises, gambling premises, landscape gardening supplies, manufacturing sales, market, motor vehicle, boat, or caravan sales, postal agency, primary produce sales, or trade supplies. Restrictive Covenant The applicant has declared there is no restrictive covenant on the title. CULTURAL HERITAGE MANAGEMENT PLAN (CHMP) The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity. The subject site is not located in a known Area of Cultural Heritage Sensitivity. Therefore there is no known requirement for a Cultural Heritage Management Plan. COASTAL INUNDATION AND EROSION Clause of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change.

139 Development Hearings Panel Page 139 Strategies include: In planning for possible sea level rise, an increase of 0.2 metres over current 1 in 100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill). Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change. Consider the risks associated with climate change in planning and management decision making processes. The subject site is located within close proximity of existing urban development. Council s data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at LANDFILL GAS RISK ASSESSMENT Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things: Any significant effects the responsible authority considers the environment may have on the use or development [S 60(1) of the PEA]. Clause of The State Planning Policy Framework which aims to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. The EPA has adopted the Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills (September 2010) or Landfill BPEM.. The Landfill BPEM identifies that: Risks associated with landfill gases may occur for at least 30 years post-closure. Appropriate buffer distances must be maintained between the landfill and sensitive land uses. The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained non-putrescible waste. Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated. All buildings and structures and associated infrastructure should be considered. The subject site is located within 500m of the former Newtown landfill site. Conditions are recommended on any permit to issue that require a landfill gas risk assessment to be undertaken by the proponent on the basis that works will be undertaken to the building including ground works associated with plumbing installation for bathrooms and kitchenette. Officer Direct Or Indirect Interest No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act. Legislative Issues The Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are the relevant documents under which Council must consider this application.

140 Development Hearings Panel Page 140 REFERRALS: Section 55: There were no Section 55 referrals required. Comments on the Advertised Application: Council s Engineering Department In relation to the carparking the following response was provided based on the advertised plans received by Council on 21 July CoGG s Traffic Comments: Prior to granting parking dispensation, the responsible Authority has a number of considerations. Some of the considerations are: 1. Relevant Policies and Strategic Plans for the area 2. The foreseeable impact the waiver of parking will have on the amenity of the area 3. The likelihood of multi-purpose trips in the area 4. The availability of Public Transport in the locality 5. The convenience of pedestrian and cycling access to the land 6. The provision of bicycle parking and end of trip facilities in the area A carparking demand assessment report created by ESR Transport Planning, has been provided by the applicant. The report analyses existing, on street parking provision in the area. The parking occupancy survey (dated Monday the and Thursday the )), indicated very high parking occupancy for long term (all day parking) parking areas and high parking occupancy of short term (2 hour parking) spaces. This area is well known to CoGG s Traffic and Local Laws Units for consistently high parking occupancy and high community demand for parking limits enforcement. It is expected that the parking generation from the proposal will be in competition with existing parking demand at this location. However; two bus routes serve the area with two bus stops within 350 m from subject site. One in Pakington Street and one in West Fyans Street The Barwon River cycling route runs about 300m south of subject site, and West Fyans and Pakington Street are provided with cycling lanes. The subject site is well placed to take advantage of these active transport facilities. The proposed parking provision is acceptable on the condition that alternative modes of transport such as cycling and walking are supported and encouraged by provision of required facilities for this development. In relation to the stormwater drainage and car parking construction, Council s Engineering Department did not oppose the proposed development and use, subject to conditions relating to stormwater drainage and car park lining and delineation.

141 Development Hearings Panel Page 141 Officer Comment: Consideration of the above is discussed in the response to carparking in Clause and the Design and Development Overlay (Schedule 26). However, it is considered that the variation of in this instance will have a detrimental amenity impact to residents and workers in the area as there is insufficient available car parking in the street to cover the variation. Further, the available car parking in the street is primarily in the residential streets (Figure A1 of the traffic report). In relation to the stormwater drainage and car park construction, it is recommended the advised conditions be included should a Notice of Decision be issued. Amended Plans received 5 April 2018 The following comments were received from Council s Engineering Department on 23 April 2018 regarding the amended car parking layout: Parallel Parking Parallel parking spaces must be at least 6.7m long [Greater Geelong Planning Scheme , Design Standard 2, Table 2]. There are no concessions for spaces at the ends of rows. The parallel parking space length of 5.4m shown on this plan appears to have been taken from AS Figure 2.5, however this is an incorrect application. Parallel parking spaces many only be as short as 5.4m when they are at the unobstructed end of a row, the idea being that drivers can use adjacent unobstructed areas such as vehicle crossovers to enter and exit the space. Trees, planter boxes, kerb and channel, etc., are considered obstructions that require end spaces to be at least 6.2m long (assuming a 3.6m aisle width and one-way traffic). The arrangement of 4 x 5.4m parallel parking spaces is not supported as it will be very difficult or impossible for most drivers to use these spaces with obstructions at each end. An alternative may be to make the two spaces closest to the vehicle crossovers at least 6.2m long, and leave the two spaces in the centre near the entry/exit door at 5.4m. However this may introduce a vehicle hazard for pedestrians exiting from the building, requiring the installation of protective bollards to prevent collisions and preserve an acceptable pedestrian access width, which would then require the two middle spaces to also be at least 6.2m long. Disabled parking space If a disabled parking space is provided it must meet the requirements of AS2890.6, including: A shared space adjacent to the parking space, with a bollard to prevent misuse of the shared space. Appropriate line marking to clearly designate the disabled parking space and the shared space. An access path from the car parking space to the pedestrian entry of the building. Acceptable gradients for the car parking space and access path. The disabled parking space and associated shared space on the plan is too short in length. They need to be at least 5.4m long [AS2890.6], not the 4.9m required by GGPS Design Standard 2]. The shared space is also missing a bollard to prevent misuse. Waste bins Waste bin storage locations and waste bin collection locations need to be shown on the plan. Waste bins need to be accessible to the building occupants they serve, and cannot be located in areas designated for vehicle parking (eg car parking spaces or garage). The

142 Development Hearings Panel Page 142 proposal should describe how waste bins will be moved between these two locations. If waste bin storage locations are not provided, or are practically inaccessible, waste bins will be left in car parking spaces, accessways, footpaths, nature strips, etc., impeding or preventing other uses and affecting amenity. See attached PDF with comments. Officer Comment In summary Council s Engineering Department do not support the amended car parking layout as the dimensions of the parallel car spaces are not in accordance with Clause and are insufficient to allow vehicles to enter and egress the car spaces. The disabled carking does not accord with the Australian Standard for Disabled Carparking, including the length not achieving 5.4 metres for a disabled car parking space. Further, the plans do not provide for waste bins. The amended plans with the additional car parking spaces leave no room for any waste bins for the office and shop tenancies. AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION: The applicant made a request to amend the application pursuant to Section 50 of the Planning and Environment Act 1987 on 26 September Council accepted the amendment. The amendment made the following changes to the application: Include a waiver of the loading/unloading requirements. It is noted that Planning Scheme amendment VC142 implemented on 16 January 2018, amongst other things, removed Clause (Loading and Unloading of Vehicles). A permit is no longer required to reduce or waive the loading/unloading requirements. However, consideration of loading/unloading of vehicles is a consideration under Clause 65 (Decision Guidelines). PUBLIC NOTIFICATION: The application is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act and pursuant to Section 52 of the Planning and Environment Act 1987 the following forms of advertising were undertaken: Notices were sent to owners and occupiers of adjoining land and nearby land. Two A3 signs were placed on the land. Seven objections have been lodged with Council. The key concerns of objectors are summarised below: Objection All of the objections received are concerns with the impact to on-street car parking in the surrounding streets. It was also discussed that due to the lack of on-street car parking, people currently park in no standing areas, overstay short term parking and park over laneways. Response

143 Development Hearings Panel Page 143 The adequacy of the proposed on-site car parking is discussed in the response to Clause and the Design and Development Overlay (Schedule 26). The issue of adequate onsite car parking is a concern and the officer report is recommending the application in its current form be refused because of the car parking provision. Objection The proposed office use will compromise the existing milk depot to the south. Response The subject site is located in a Mixed Use Zone. One of the purposes of the mixed use zone is to provide for, amongst other things, is for commercial uses, such as offices. The decision guidelines in the Mixed Use Zone set out what must be considered. Only industry and warehouses are required to be considered in relation to impacts on adjoining and nearby uses and land. The impact on new industry and warehouse on existing uses or adjoining or nearby land must be considered. However, it is not considered that an office use will be not cause unreasonable amenity impacts. Objection No bicycle parking has been provided. Response Bicycle parking is discussed in the traffic referral response. Should a Notice of Decision be issued, it is recommended that bicycle parking facilities be provided. AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was amended pursuant to Section 57A on 5 April 2018, following public notification. Council accepted the amendment. The amendment made the following changes to the application: Formally amended plan site plan to include two additional car parking spaces, a disabled car space, internal bicycle parking and the removal of the rear access door from tenancy 4. Provided a letter from The Planning Professionals (Ref: 17032) and a letter from ESR Transport Planning dated 27 March Provided two aerial imagery context plans one showing all or part day parking available to the north and west of the subject site and a for a greater area than the ESR Transport Planning and a second plan showing the wider South Geelong area marking council parking, Barwon River cycling trail and bus stops. These are the plans being considered.

144 Development Hearings Panel Page 144 It was considered that the amended plans did not require being re-advertised as the number of car parking spaces is not being reduced and therefore would have not additional material detrimental impact to any person. ASSESSMENT: GREATER GEELONG PLANNING SCHEME Mixed Use Zone The purpose of the Mixed Use Zone is: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for a range of residential, commercial, industrial and other uses which complement the mixed-use function of the locality. To provide for housing at higher densities. To encourage development that responds to the existing or preferred neighbourhood character of the area. To facilitate the use, development and redevelopment of land in accordance with the objectives specified in a schedule to this zone. Response It is considered that the proposed office use is consistent with the purpose of the Mixed Use Zone. The Mixed Use Zone aims for a varied range of uses from residential to commercial and industrial. The proposal to re-adapt an existing building that has connections to the former heritage woollen mills is also consistent with an objective of the West Fyans Street Precinct Structure Plan to provide for the reuse and adaptation of existing buildings including heritage buildings.

145 Development Hearings Panel Page 145 Design and Development Overlay (Schedule 26) (DDO26) West Fyans Street Precinct Structure Plan Area The objectives of the DDO26 are: To encourage high quality, innovative and contemporary design that is contextually relevant and responds to the unique historical and landscape setting of the area. To encourage building forms, finishes and colours that make a positive contribution to the public realm. To ensure that the height and massing of new development is sympathetic and responsive to the topography of the land To ensure that development adjacent to the Barwon River corridor and open space provides an appropriate interface. To maximise development opportunities through the consolidation of smaller lots. To ensure that subdivision design maximises and enhances the development potential of land. To promote public safety in the public and private realm. To ensure new built form is sensitive to existing heritage sites and areas of high environmental and landscape value. To promote best practise Environmental Sustainable Design including but not limited to energy and water including stormwater quality and reuse initiatives. Promote development which creates a high level of amenity to residents, workers and visitors. To ensure that buildings are designed to allow for adaptive reuse to meet the long term vision for each precinct. Response There are aspects of the proposed development that are consistent with the policy of the DDO26. The existing building has a former association with the former Woollen Mills buildings to the west and the proposal will provide a re-adaptation to an existing building located close to the heritage woollen mills buildings. The retention of the existing scale of the building will not impact on the heritage significance of the nearby heritage buildings. The proposal will improve the buildings interface with Rutland Street by removing the roller door and introducing a glazed entrance and windows into the blank walls. The main concern with the application is the variation sought to the car parking requirement and the amenity impact to nearby residential properties in a location where the current occupancy rate is high. The traffic report prepared by ESR Transport Planning states there is 103 all day spaces available during approximately in the middle of the day and there was a 90-95% occupancy rate over the period of the survey. At 95% occupancy, there is 5 available all day car parking spaces in the street surveyed. It is calculated that the proposed variation sought is 23 car parking spaces (based on the required statutory calculation of 35 car parking spaces and 12 car parking spaces proposed in the alternative car park layout plan in the traffic report). The DDO26 states that car parking should be consistent with the requirements of Clause 55 and with a variation to the statutory car parking rate only considered where it can be adequately justified a minimum of one car parking space per tenant must be provided.

146 Development Hearings Panel Page 146 The car parking assessment under Clause discusses the variation and the traffic report in more detail. However, based on the assessment under Clause 52.06, it is considered that the variation cannot be adequately justified. Amended Plans - Additional Comments The amended car park raises additional issues as the additional parallel car parking, will result in vehicle not being able to enter or leave these car parking spaces. There should not be any reliance on another parked vehicle moving their vehicle so that another vehicle can park. As discussed in the referral section comments were sought from Council s Engineering Department in relation to the amended car park and these concerns as included in the referral section relate to the additional parallel parking, the dimensions and design of the disabled car parking space and no provision for waste bins. Clause Environmental Audit Overlay Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To ensure that potentially contaminated land is suitable for a use which could be significantly adversely affected by any contamination. Requirement: Before a sensitive use (residential use, child care centre, pre-school centre or primary school) commences or before the construction or carrying out of buildings and works in association with a sensitive use commences, either: A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970, or An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use. Response The proposed use of office and shop is not defined as a sensitive use. The applicant provided a response to any environmental impact of the previous uses, stating that there is no evidence of harmful substances being stored from the previous use of auto-electrician. As the requirement for an Environmental Audit in certain circumstances relates specifically to sensitive uses, there is no further requirement under this overlay. STATE PLANNING POLICY FRAMEWORK Integrated decision making Society has various needs and expectations such as land for settlement, protection of the environment, economic well-being, various social needs, proper management of resources and infrastructure. Planning aims to meet these by addressing aspects of economic, environmental and social well-being affected by land use and development. Planning authorities and responsible authorities should endeavour to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of

147 Development Hearings Panel Page 147 net community benefit and sustainable development for the benefit of present and future generations. However in bushfire affected areas, planning authorities and responsible authorities must prioritise the protection of human life over all other policy considerations. Consistent with the objectives of local government under the Local Government Act 1989, municipal planning authorities are required to identify the potential for regional impacts in their decision-making and co-ordinate strategic planning with their neighbours and other public bodies to achieve sustainable development and effective and efficient use of resources Urban Environment Urban Design Objective To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Strategies Promote good urban design to make the environment more liveable and attractive. Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability Business Objective To encourage development which meet the communities needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. Strategies Locate commercial facilities in existing or planned activity centres. Provide new convenience shopping facilities to provide for the needs of the local population in new residential areas and within, or immediately adjacent to, existing commercial centres. Provide small scale shopping opportunities that meet the needs of local residents and workers in convenient locations. Provide outlets of trade-related goods or services directly serving or ancillary to industry and which have adequate on-site car parking. Locate cinema based entertainment facilities within or on the periphery of existing or planned activity centres. A five year time limit for commencement should be attached to the planning approval for all shopping centres or expansions of over 1,000 square metres in floorspace.

148 Development Hearings Panel Page 148 LOCAL PLANNING POLICY FRAMEWORK Municipal Strategic Statement West Fyans Fyans Street Precinct Structure Plan Area Objectives To encourage a vibrant mixed use environment with active ground floor uses along major pedestrian-traffic routes and commercial nodes. To support a range of medium to high density residential development opportunities. To encourage development which incorporates design that enhances streetscapes, provides visual interest, liveability and diversity, amenity and public safety. Ensure development appropriately responds to and complements the heritage character of the area To provide for the reuse and adaptation of existing buildings including heritage buildings. Ensure that new development enhances the visual relationship with public open space areas including the Barwon River. Discourage new uses within the Industrial 1 Zone which have a potential to create amenity conflicts that would compromise the long term vision for the precinct. To improve pedestrian and cycle links to open space areas. To improve road functionality throughout the area. Strategies Ensure land use and development proceeds generally in accordance with the West Fyans Fyans Street Precinct Structure Plan map included in this clause. Encourage a mix of land uses and development outcomes consistent with the following precinct directions: The subject site is located in Precinct 4 of the Fyans Street Precinct Structure Plan which is designated nominated as a mixed use high density precinct. The strategies for Precinct 4 are: Within the Commercial Node support a concentrated mix of accommodation and commercial activity including retail, food and drink premises, office, community and recreation uses. Limit non residential uses outside the Industrial 1 Zone and the Commercial Node to areas with convenient access to and from the river environment. Encourage medium to high density residential development in the remainder of the precinct. Within Industrial 1 zoned areas support a range of activities complementary to the long term mixed use vision for the area including office, service industry, leisure and recreation activities. Discourage new industrial uses which do not meet Clause buffer requirement. Promote the adaptive reuse of heritage buildings including the former heritage woollen mills. Ensure new development provides for or improves pedestrian and bicycle linkages to the river environment and the Rutland Street extension connecting to Pakington Street. Local Planning Policies There are no Local Planning Policies of relevance for this application.

149 Development Hearings Panel Page 149 Response As discussed previously, the proposed development has strategic support in relation to the adaptation of the existing building for offices and a shop and the modifications to the building which will improve the interface with Rutland Street. RELEVANT PARTICULAR PROVISIONS Clause Car Parking Purpose To ensure that car parking is provided in accordance with the State Planning Policy Framework and the Local Planning Policy Framework. To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. To support sustainable transport alternatives to the motor car. To promotes the efficient use of car parking spaces through the consolidation of car parking facilities. To ensure that car parking does not adversely affect the amenity off the locality. To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use. Response The following car parking spaces are proposed to be provided: Design Standard 1 Accessways As the accessway serves 4 or more carparking spaces, vehicles must exit in a forward direction. An assessment of the proposed plans shows that vehicles would have difficulty accessing the car parking spaces and egressing the site in a forward direction. The traffic report prepared by ESR Transport Planning and submitted by the applicant also reviewed the car park layout and concluded there were design issues with the layout that would result in difficulty for vehicle manoeuvrability. Page 9 of the report provides an alternative arrangement which would allow vehicles to access the car parking spaces and egress in a forward direction. It was also advised that the carpark requires a disabled car space which would result in the loss of one car space. The traffic report formed part of the advertised application and therefore has been part of the documentation under consideration. It is therefore considered that the application be supported, the alternative carpark arrangement should be incorporated into the proposed site plan as a condition. Design Standard 2 - Car parking spaces The proposal seeks a variation to the required number of car parking spaces set out in Table 1 of Clause The required number of car parking spaces for an office use is 3.5 car parking spaces per 100 square metres of net floor area and 4 car parking spaces per 100 square metres of net floor area for a shop.

150 Development Hearings Panel Page 150 Net floor area is defined as: the total floor area of all floors of all buildings on a site. It includes half the width of any party wall and the full width of all other walls. It does not include the area of stairs, loading bays, accessways, or car parking areas, or any area occupied by machinery required for air conditioning, heating, power supply, or lifts. The following table shows the calculations for the required statutory number of car spaces: Floor area of offices Plus Atrium Less stairs Net Floor Area Office (42.00) Shop Total 35 Proposed 12 * * Taking into consideration the alternative car park layout. Required number of car spaces The proposal seeks a variation of 23 car parking spaces. The traffic report prepared by ESR Transport Planning acknowledges the high occupancy rate of 90-95% in the area which translates into 5 available all day car parking spaces in the surveyed area at an occupancy rate of 95% and a deficiency of 18 on-street car parking spaces. The report also identified that the site is in close proximity to bicycle paths and bus routes which can provide alternative transport options for some people. Council s Traffic Department also acknowledged the high occupancy rate. However, they do not object to the proposal as it was considered that the alternative forms of transport (bicycle, walking bus) would provide a mitigating measure and encourage alternative modes of transport. The car parking rate for the existing use of auto electrical motor repairs under the planning scheme of mid-1990s was 1 car space to each 140 square metres of floor area or 10 per cent of the site whichever is greater. It is calculated that this generated a requirement of 4.9 onsite car parking spaces. The car parking area at the rear could accommodate the required number of car parking spaces and therefore there is no car parking credit. It is calculated that there is a statutory variation of 23 car parking spaces (based on the required statutory calculation of 35 car parking spaces and 12 on-site car parking spaces proposed in the alternative car park layout plan in the traffic report). The traffic reports estimates an empirical rate for the office use of car spaces per 100 square metres of gross floor area and a peak parking demand for the office use of car parking spaces. Together with the shop with a peak demand of 5 car spaces, it is estimated there is an empirical demand for on-street car spaces for both uses after subtracting the on-site provision. At 95% occupancy, 5 on-street car spaces are available, leaving 12 onstreet car spaces to be found. If it is accepted that 4 car spaces can be sourced from the short term available car spaces for the shop use, this would still leave a deficit of 8 on-street car spaces.

151 Development Hearings Panel Page 151 Clause requires consideration of the impact of fewer car parking spaces on the local amenity. Even taking into consideration the empirical rate, there would be a deficit of all day car parking spaces in the surveyed area. Further, this would also result in the proposed development taking 100% of the remaining small number of on-street car parking spaces in the area. It is also noted that the remaining on-street car parking spaces are all in the residential part of the West Fyans precinct. As there are significantly less available car parking spaces in the southern end where the larger industrial and former industrial sites are located, the impact of commercial development such as this will have the most impact on the residential part of the precinct. Based on the above, it is considered that the proposed variation to the car parking rate will impact on the amenity of the locality as there is already only a small number of available onstreet car parking spaces and therefore it cannot be concluded that the car parking will not adversely affect the amenity of the locality. Amended Plans and Additional Documentation Additional Comments The advice received from Council s Engineering Department is included in the Referral Section of this report. As previously discussed Council s Engineering Department have raised concerns with the amended plans in relation to the inability for the vehicles to enter and exit the parallel car parking spaces as the length of 5.4 metres is insufficient length for parallel parking. There are also obstructions at each end of the parallel car spaces which further restricts vehicles. Also the car parking spaces close to the entrance should not utilize the entrance area for accessing the car spaces and would require bollard treatment for pedestrian safety. Other issues that cannot be remedied without a re-design include the length of the disabled car space not meeting the requirements of AS and there being no access path from the car parking space to the pedestrian entry of the building. Lastly, no waste bin facilities have been provided and there is no area in the rear area for external bins with the current design. It is also considered that the front setback would not be a suitable area for bins and bin enclosures. Additional aerial contexts plans were also provided which identified areas of all day and half day car parking. The extra statement provided by ESR Parking Impact Assessment Report does not infer a different conclusion than that concluded in the parking impact assessment report (dated 23 August 2017) and draws attention to Section 5.6 of the Parking Impact Assessment Report to potential opportunities for Council to increase provision of local parking. In relation to the concern expressed by the Development Hearings Panel that the site plan may not reflect the actual conditions on the site, the letter prepared by Planning Professionals received 5 April 2018 states: The site has been measured and the boundaries of the plan accurately reflect the dimensions of the car parking area and title boundaries. The additional information together with the advice received from Council s Engineering Department does not persuade the planning officer that a suitably designed car parking area with sufficient onsite car parking has been provided and that the local residential area will not be materially unaffected by the car parking shortfall.

152 Development Hearings Panel Page 152 DECISION GUIDELINES OF CLAUSE 65: Because a permit can be granted does not imply that a permit should or will be granted. The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause. The Responsible Authority must consider, as appropriate: The matters set out in Section 60 of the Act. The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The purpose of the zone, overlay or other provision. Any matter required to be considered in the zone, overlay or other provision. The orderly planning of the area. The effect on the amenity of the area. The proximity of the land to any public land. Factors likely to cause or contribute to land degradation, salinity or reduce water quality. Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site. The extent and character of native vegetation and the likelihood of its destruction. Whether native vegetation is to be or can be protected, planted or allowed to regenerate. The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard. The adequacy of loading and unloading facilities and any associated amenity, traffic flow and road safety impacts. Response The assessment of this application has included, amongst other things, the proposed car parking, impacts on amenity, the decision guidelines and policy relating to West Fyans- Fyans Street Precinct Structure Plan and the associated DDO26. In relation to loading and unloading, the planning scheme removed the particular provision in Amendment VC142 on 16 January Loading and Unloading is now considered under this Clause. It is considered that a dedicated loading/unloading area is not considered necessary for office tenancies of the scale proposed will have minimal loading/unloading requirements. Legislative Issues The Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are the relevant documents under which Council must consider this application. Conclusion As outlined in the report the proposed development and use has policy support in relation to the use and re-adaptation of the building. However, given the site context, the minimal onstreet parking and the policy considerations of the DDO26 and Clause 52.06, it is considered that the proposed parking provision is not insufficient and a variation to the requirements cannot be adequately justified. Therefore it is recommended that no permit be issued.

153 Development Hearings Panel Page 153 Application No: Applicant: Subject Land: Owner: PP Cahir Investments Pty Ltd Units 1-8/367 High Street, BELMONT Cahir Investments Pty Ltd Zone: General Residential Zone Schedule 2 Overlays: Listed Buildings: Existing Use: Proposed Use: Nil Nil Unit Development Construction of Seventeen (17) Dwellings and Re-subdivision of (8) Lots into Seventeen (17) Lots Indicates Objector Subject Site 367 HIGH STREET, BELMONT

154 Development Hearings Panel Page 154 Summary The subject sit is located on the south side of High Street approximately 53m south east of Highmont Drive. It has a frontage to High Street of 36.58m and a depth of 35.56m with an overall area of 1301m². Access to the site is gained via a one way service road. The application originally proposed the construction of a three storey building containing 21 two bedroom dwellings proposed to be used for short stay accommodation primarily for Deakin University and the Epworth Hospital. The proposal included the provision of 21 car spaces which allowed for one space for each dwelling but no visitor spaces. The development had a high site coverage with only small areas of private open space for each dwelling. Concerns were raised regarding the proposal which included impacts on neighbourhood character, visual bulk, variations to ResCode, dwellings not provided with required open space under schedule 2 to the General Residential Zone, lack of dwelling diversity and site coverage. These plans were advertised and one objection was received. The objection related to overlooking, overshadowing, neighbourhood character and site management. Subsequently the applicant submitted a failure to decide application at VCAT and the submitted amended plans. The amended development proposes the construction of a double storey 17 dwelling development with a 17 lot subdivision. The development consists of two buildings with basement level car parking. The subject site is located with a General Residential Zone Schedule 2 and is not subject to any overlays. The application was submitted prior to VC110 which introduced Minimum Garden Area Requirements therefore the transitional provisions of Clause apply and Garden Area has not been assessed. Whilst the application was submitted prior to VC136 which introduced Clause and Clause 58. The provisions of Clause 55 continue to apply to an application submitted prior to the approval date. Therefore an assessment against Clause is required and has been undertaken. The application was assessed against the purpose of the relevant State and Local Planning Policy, the General Residential Zone and Clause 55 including the provisions relating to apartment development. The application was considered to not appropriately respond to the purpose of the zone, State and Local Planning Policy and various standards of Clause 55 which are detailed within the report. It is therefore recommended that Council put forward a recommendation of refusal to the tribunal. Moved: Tim Hellsten Seconded: Melissa Garrett That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to not support the proposal at VCAT for the Construction of Seventeen (17) Dwellings at Units 1-8/367 High Street, BELMONT on the following grounds:

155 Development Hearings Panel Page The development fails to provide the required secluded open space for all dwellings in accordance with Schedule 2 to the General Residential Zone. 2. The development does not comply with Clause , , , , , , , , , and The development is considered to be an overdevelopment of the site due to the various non-compliance with clause 55 standards. 4. The proposed development is not in keeping with the character of the area given the location of secluded private open space located within the front setback and overall built form. Report The Site & Locality Carried The subject sit is located on the south side of High Street approximately 53m south east of Highmont Drive. It has a frontage to High Street of 36.58m and a depth of 35.56m with an overall area of 1301m². Access to the site is gained via a one way service road The site is currently developed with 8 single storey dwellings accessed via a u shaped driveway. A communal grassed area is provided at the front of the site in the middle of the driveway access.

156 Development Hearings Panel Page 156 The adjoining property to the south is also developed with a similar 8 dwelling development.

157 Development Hearings Panel Page 157 All other adjoining properties and the majority of the surrounding area are developed with single dwellings. Dwellings are generally single storey with pitched roof forms. Construction materials are predominately brick with tiled roofing. Front fences are generally timber paling however there are also examples of rendered brick and iron fencing. There are a mix of fenced and open front yards. As it is an older residential area front yards generally have established front gardens often consisting of canopy trees and medium to high shrubs. The site is within 1.5km to Waurn Ponds Shopping Centre and 3.5km to Deakin University and the Epworth Hospital. Public transport routes are located along High Street. Public Open Space along the Waurn Ponds Creek is located within 600m to the south. The subject site and surrounds are within a General Residential Zone and are not subject to any overlays. Proposal The application originally proposed the construction of a three storey building containing 21 two bedroom dwellings proposed to be used for short stay accommodation primarily for Deakin University and the Epworth Hospital.

158 Development Hearings Panel Page 158 The proposal included the provision of 21 car spaces which allowed for one space for each dwelling but no visitor spaces. The development had a high site coverage with only small areas of private open space for each dwelling. Concerns were raised regarding the proposal which included impacts on neighbourhood character, visual bulk, variations to ResCode, dwellings not provided with required open space under schedule 2 to the General Residential Zone, lack of dwelling diversity and site coverage. As a result the applicant tabled amended plans, however did not formally submit them. Issues were also raised with these plans regarding the above. The applicant then requested that the original plans be advertised and proceeded to lodge a failure to decide application at VCAT. Subsequently the applicant amended the plans through VCAT. These plans are described below and are the basis of the assessment of this report. The amended development proposes the construction of a double storey 17 dwelling development with a 17 lot subdivision. The development consists of two buildings with basement level car parking. Building 1 will contain 8 dwellings and building 2 will contain 9 dwellings. Building 1 at both ground and first floors floor will contain one 1 bedroom dwelling and three 2 bedroom dwellings and will therefore have a total of two 1 bedroom dwellings and six 2 bedroom dwellings. Building 2 at ground floor will contain two 1 bedroom dwellings and three 2 bedroom dwellings. At first floor it will contain four 2 bedroom dwellings. Basement level car parking will be provided for all dwellings. Twenty car parks are provided. One for each dwelling and three visitor spaces. Bin storage and dwelling storage areas will also be provided within the basement. The development will be constructed from horizontal weatherboard cladding with iron roofing. The proposed subdivision will re-subdivide the site into 17 lots with each lot containing a dwelling and associated private open space, car space and storage area. The proposed accessways and visitor car parking will form common property. Greater Geelong Planning Scheme Definition and Nesting Pursuant to Clause 74 of the Planning Scheme a dwelling is defined as: A building used as a self-contained residence which must include: a) a kitchen sink; b) food preparation facilities c) a bath or shower; and d) a closet pan and wash basin. It includes outbuildings and works normal to a dwelling. Pursuant to Clause of the Planning Scheme a dwelling is nested in the Accommodation group.

159 Development Hearings Panel Page 159 Subdivision is not defined or nested in the Planning Scheme. A lot is defined as a part (consisting of one or more pieces) of any land (except a road, a reserve, or common property) shown on a plan, which can be disposed of separately and includes a unit or accessory unit on a registered plan of strata subdivision and a lot or accessory lot on a registered plan. Subdivision is defined in the Subdivision Act 1988 as the division of land into two or more parts which can be disposed of separately. Zone Clause General Residential Zone The purpose of the General Residential Zone is: 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 the area. To implement neighbourhood character policy and adopted neighbourhood character guidelines. To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport. To allow educational, recreational, religious, community and a limited range of other nonresidential uses to serve local community needs in appropriate locations.

160 Development Hearings Panel Page 160 Overlay Nil Permit required clause and condition Pursuant to Clause of the General Residential Zone a permit is required to subdivide land. Pursuant to Clause of the General Residential Zone a permit is required to construct two or more dwellings on a lot. Restrictive Covenant The site is not burdened by a restrictive covenant. Cultural Heritage Management Plan (CHMP) The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity. Part 2 - Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt activities which do not require a Cultural Heritage Management Plan. The proposal is not listed as an exempt activity. Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the Aboriginal Heritage Regulations Part 2 - Division 3 does not identify the site or part of the site as within an area of cultural heritage sensitivity. High impact activities are defined within Part 2 - Division 5 of the Aboriginal Heritage Regulations Part 2 - Division 5 lists the proposal as a high impact activity. The site is considered to have been the subject of significant ground disturbance which is defined as disturbance of (a) the topsoil or surface rock layer of the ground or (b) a way - by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping. In accordance with the above assessment, a Cultural Heritage Management Plan is not required. Coastal Inundation And Erosion: Clause of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change. Strategies include: In planning for possible sea level rise, an increase of 0.2 metres over current 1 in 100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill). Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change.

161 Development Hearings Panel Page 161 Consider the risks associated with climate change in planning and management decision making processes. The subject site is located within close proximity of existing urban development. Council s data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at Landfill Gas Risk Assessment Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things: Any significant effects the responsible authority considers the environment may have on the use or development [S 60(1) of the PEA]. Clause of The State Planning Policy Framework which aims to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. The EPA has adopted the Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills (September 2010) or Landfill BPEM.. The Landfill BPEM identifies that: Risks associated with landfill gases may occur for at least 30 years post-closure. Appropriate buffer distances must be maintained between the landfill and sensitive land uses. The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained non-putrescible waste. Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated. All buildings and structures and associated infrastructure should be considered. The BPEM specifies that development undertaken within a buffer distance of up to 500 metres may be at risk. As the subject site is not located within 500 metres of an identified former landfill site, a risk assessment is not required. Developments In Bushfire Prone Areas Clause (Bushfire) seeks to strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life. The policy must be applied to all planning and decision making under the Planning and Environment Act 1987 relating to land which is: Within a designated bushfire prone area; Subject to a Bushfire Management Overlay; or Proposed to be used or developed in a way that may create a bushfire hazard. The proposal is listed at Clause as one of the uses or developments which should be considered:

162 Development Hearings Panel Page 162 Subdivisions of more than 10 lots. Accommodation. Child care centre. Education centre. Emergency services facility. Hospital. Indoor recreation facility. Major sports and recreation facility. Place of assembly. Any application for development that will result in people congregating in large numbers. The site is not located within a designated bushfire prone area. Officer Direct Or Indirect Interest: No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act. Car Parking The car parking requirements of this application are considered under Clause of the Greater Geelong Planning Scheme. A dwelling with three or more bedrooms is required to provide two car parking spaces and a dwelling with one or two bedrooms is required to provide one car parking space. The proposed dwellings have each been provided with the statutory car parking requirement with each dwelling provided with one car space. A development of 5 or more dwellings requires visitor parking of 1 space to every 5 dwellings. Therefore there is a requirement for 3 visitor spaces. The visitor car parking has been provided in accordance with the standard. The gradient of the access ramp has not been provided and therefore an assessment regarding the usability of functionality of the ramp has not been undertaken. Given this it would be considered appropriate that should a permit issue that conditions require amended plans which shows the basement car parking is useable and functional. Bicycle Spaces The bicycle parking requirements are considered under Clause of the Greater Geelong Planning Scheme. No bicycle spaces are required to be provided for the construction of a dwelling development less than 4 storeys in accordance with Clause State Planning Policy Framework Integrated Decision Making Society has various needs and expectations such as land for settlement, protection of the environment, economic well-being, various social needs, proper management of resources and infrastructure. Planning aims to meet these by addressing aspects of economic, environmental and social well-being affected by land use and development.

163 Development Hearings Panel Page 163 Planning authorities and responsible authorities should endeavour to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit and sustainable development for the benefit of present and future generations. Consistent with the objectives of local government under the Local Government Act 1989, municipal planning authorities are required to identify the potential for regional impacts in their decision-making and co-ordinate strategic planning with their neighbours and other public bodies to achieve sustainable development and effective and efficient use of resources Urban Design Objective To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Strategies Promote good urban design to make the environment more liveable and attractive. Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability. Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate. Require development to include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context. Ensure sensitive landscape areas such as the bays and coastlines are protected and that new development does not detract from their natural quality. Ensure transport corridors integrate land use planning, urban design and transport planning and are developed and managed with particular attention to urban design aspects. Encourage retention of existing vegetation or revegetation as part of subdivision and development proposals Neighbourhood and Subdivision Design Objective To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods.

164 Development Hearings Panel Page 164 Strategy In the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to create liveable and sustainable communities by: Contributing to an urban structure where networks of neighbourhoods are clustered to support larger activity centres on the regional public transport network. Creating compact neighbourhoods that have walkable distances between activities and where neighbourhood centres provide access to services and facilities to meet day to day needs. Creating a range of open spaces to meet a variety of needs with links to open space networks and regional parks where possible. Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people. Contributing to reducing car dependence by allowing for: o Convenient and safe public transport. o Safe and attractive spaces and networks for walking and cycling. o Subdivision layouts that allow easy movement within and between neighbourhoods. o A convenient and safe road network. Creating a strong sense of place because neighbourhood development emphasises existing cultural heritage values, well designed and attractive built form, and landscape character. Protecting and enhancing native habitat. Environmentally friendly development that includes improved energy efficiency, water conservation, local management of stormwater and waste water treatment, less waste and reduced air pollution. Being accessible to people with disabilities. Developing activity centres that integrate housing, employment, shopping, recreation and community services, to provide a mix and level of activity that attracts people, creates a safe environment, stimulates interaction and provides a lively community focus Cultural Identity and Neighbourhood Character Objective To recognise and protect cultural identity, neighbourhood character and sense of place. Strategies Ensure development responds and contributes to existing sense of place and cultural identity. Ensure development recognises distinctive urban forms and layout and their relationship to landscape and vegetation.

165 Development Hearings Panel Page 165 Ensure development responds to its context and reinforces special characteristics of local environment and place by emphasising: The underlying natural landscape character. The heritage values and built form that reflect community identity. The values, needs and aspirations of the community Energy and Resource Efficiency Objective To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. Strategies Ensure that buildings and subdivision design improves efficiency in energy use. Promote consolidation of urban development and integration of land use and transport. Improve efficiency in energy use through greater use of renewable energy. Support low energy forms of transport such as walking and cycling Location of Residential Development Objective To locate new housing in or close to activity centres and in urban renewal precincts and sites that offer good access to jobs, services and transport. Strategies Increase the proportion of new housing in designated locations within established urban areas and reduce the share of new dwellings in greenfield and dispersed development areas. Encourage higher density housing development on sites that are well located in relation to jobs, services and public transport. Ensure an adequate supply of redevelopment opportunities within established urban areas to reduce the pressure for fringe development. Facilitate residential development that is cost-effective in infrastructure provision and use, energy efficient, incorporates water efficient design principles and encourages public transport use. Identify opportunities for increased residential densities to help consolidate urban areas.

166 Development Hearings Panel Page Housing Diversity Objective To provide for a range of housing types to meet increasingly diverse needs Strategies Ensure housing stock matches changing demand by widening housing choice, particularly in the middle and outer suburbs. Encourage the development of well-designed medium-density housing which: Respects the neighbourhood character. Improves housing choice. Makes better use of existing infrastructure. Improves energy efficiency of housing. Support opportunities for a wide range of income groups to choose housing in well-serviced locations. Ensure planning for growth areas provides for a mix of housing types and higher housing densities in and around activity centres Housing Affordability Objective To deliver more affordable housing closer to jobs, transport and services. Strategies Improve housing affordability by: Ensuring land supply continues to be sufficient to meet demand. Increasing choice in housing type, tenure and cost to meet the needs of households as they move through life cycle changes and to support diverse communities. Promoting good housing and urban design to minimise negative environmental impacts and keep down costs for residents and the wider community. Encouraging a significant proportion of new development, to be affordable for households on low to moderate incomes. Increase the supply of well-located affordable housing by: Facilitating a mix of private, affordable and social housing in activity centres and urban renewal precincts. Ensuring the redevelopment and renewal of public housing stock better meets community needs.

167 Development Hearings Panel Page 167 Local Planning Policy Framework Municipal Strategic Statement Summary of relevant MSS Urban consolidation The objective of Clause of the Municipal Strategic Statement is to: provide for the consolidation of existing urban areas in a managed way. encourage an appropriate range of development densities. improve accessibility to urban services. Strategies Manage urban consolidation and housing change across the municipality, by: o Accommodating medium and high density housing in Key Development Areas (as defined by the maps included in this clause). o Maximising opportunities for housing within Increased Housing Diversity Areas (as defined in Clause Increased Housing Diversity Areas) by accommodating; high density housing in the activity centres consistent with their primary commercial and retail role; and medium density housing in residential areas with more intensive development being located closest to the core of activity centres. o Supporting appropriate medium density housing in the General Residential Zone (Schedule 1) areas. o Providing for incremental change in the General Residential Zone (Schedule 2) areas. o Limiting change in the Neighbourhood Residential Zone areas. Encourage medium density housing in the Mixed Use Zone. Require retirement accommodation to be located within urban areas, preferably within close proximity to existing or proposed activity centres and public transport facilities Neighbourhood character The objective of Clause of the Municipal Strategic Statement is to: manage the impact of urban change on existing neighbourhoods. ensure that new development responds to the existing neighbourhood character. protect areas with a significant garden character. protect areas with views to significant landscape features.

168 Development Hearings Panel Page 168 Strategies Acknowledge that neighbourhood character in the Increased Housing Diversity Areas will adapt and evolve over time, particularly within and on the edges of activity centres, where land use and development will intensify. Ensure that development is responsive to the established character of the area. Support appropriate medium density housing that respects the existing neighbourhood character in the General Residential Zone areas.. Ensure that development in the transition areas of the Residential Growth Zones is responsive to and respectful of the neighbourhood character in any adjoining residential zones. Support the redevelopment of dwellings owned by the Office of Housing, as part of urban renewal initiatives. Retain existing vegetation wherever possible, particularly vegetation that contributes to the municipality s tree canopy. Avoid gated communities. Maintain the character of the Rural Living and Low Density Residential Zoned areas. Ensure that dwellings and extensions to dwellings over 7.5 metres have regard to the design objectives and decision guidelines of Schedule 14 to the Design and Development Overlay. Referrals Engineering No objections to the proposal subject to conditions relation to drainage and access construction being included on any planning permit issued. Response: This referral response was provided before a basement car park was proposed. The plans have been forwarded to an engineer for comment however a response has not yet been received. AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION: The application was not amended prior to public notification. PUBLIC NOTIFICATION: The application is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act and pursuant to Section 52 of the Planning and Environment Act 1987 the following forms of advertising were undertaken: Notices were sent to owners and occupiers of adjoining land (including opposite) A3 sign was placed on the land A notice was placed in The Independent Newspaper One objection has been lodged with Council.

169 Development Hearings Panel Page 169 AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended following public notification. It should be noted that the following objections are in relation to the original application and not the plans amended through VCAT. Objection The proposal is not respectful of the existing neighbourhood character Comment It is considered that the previous development as well as the amended development is not in keeping with the character of the area for reasons further discussed in the assessment part of the report. Objection Overlooking from balconies. Comment The amended plans have provided screening to all balconies to mitigate any overlooking issues. Objection Overshadowing to properties to the south due to excess height Comment The amended plans have reduced the overall height of the development from three storey to two storey and therefore reduced the impacts of overshadowing. The current overshadowing meets the relevant standard of Clause 55. Objection Issues with current management of the units and residents. Comment This is not something that can be considered through the planning application. The relevant decision guidelines for the application relate to the built form and not potential residents or building management as the use of a dwelling is as of right under the zone. Assessment The site is located within the General Residential Zone, the purpose of which is: 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 the area. To encourage a diversity of housing types and housing growth particularly in locations offering good access to services and transport. To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

170 Development Hearings Panel Page 170 It is considered that the proposed development is not respectful of the character of the area due to the large scale of the overall built form and lack of provision of the required areas of secluded open space for all dwellings. Schedule 2 to the General Residential Zone varies the Private open space standard (B28) in that it requires An area of 60 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with minimum area of 40 square metres, a minimum dimension of 5 metres and convenient access from a living room. It cannot include a balcony or roof top terrace. The first floor apartments are provided with private open space via a balcony. This is not in accordance with the standard. It is considered that the standard was varied to encourage a greater area of garden space for dwellings and discourage this type of development within areas identified as incremental change in the Housing Diversity Strategy. The Housing Diversity Strategy states that Incremental Change Areas are those being areas where the majority of new development will be in keeping with Geelong s traditional suburban character. Incremental Change Areas are all residential areas outside the designated Increased Housing Diversity Areas and Key Development Areas. They are general areas of suburban housing where a modest, incremental change in housing form is expected. The preferred type of housing development in Incremental Change Areas is: Extensions to existing houses New single dwellings; Dual occupancy developments; and Low scale medium density developments that are responsive to the existing or preferred character of the area. It is not considered that the proposed development is of a low scale given the density of the development and the lack of provision of the required private open space for all dwellings. Whilst it is acknowledged that the amended plans have reduced the scale of the development and provided greater areas of private open space for ground floor dwellings, all first floor dwellings are only provided with balconies. The minimum balcony width is 2m by 4m with an overall area of 6m². This falls 34m² short of the required 40m². The private open space for dwellings fronting High Street is located within the front setback. This is considered to be not in keeping with the character of the area. Secluded Private Open Space is generally located to the side or the rear of dwellings. These areas also do not meet the minimum dimension requirements of the schedule to the zone. Only two of the ground floor dwellings meet the minimum dimension requirements for private open space. It is therefore considered that as the required open space cannot be provided that the proposal results in an overdevelopment of the site. It is considered that the site is capable of medium density development particularly given the site currently contains 8 dwellings. However the current design is considered to be not in keeping with the character of the area given the provision of private open space within the front setback, the secluded open space for all dwellings not meeting the required dimensions of the schedule to the zone and the overall bulk of the development.

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172 Development Hearings Panel Page 172 As detailed below in the assessment against Clause 55, the submitted plans fail to demonstrate compliance with a number of standards in relation to apartment development. It also fails to comply with standards in relation to neighbourhood character, integration with the street, street setback, safety, landscaping, parking location, internal views, dwelling entry, private open space, design detail and site services. Due to the non-compliance with a number of ResCode standards it is considered that the development is inappropriate for the site. The development proposed is considered to be more appropriate for an Increased Housing Diversity Area or for a site within a Residential Growth Zone.

173 Development Hearings Panel Page 173 Clause 55 - ResCode Assessment Two or More Dwellings on a Lot The development is required to be assessed against Clause 55 as set out below: Neighbourhood character objectives To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character. To ensure that the design responds to the features of the site and the surrounding area. Standard B1 The design response must be appropriate to the neighbourhood and the site. The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site. Does not comply It is considered that the proposal is not respectful of the existing neighbourhood character. The private open space for dwellings fronting High Street is located within the front setback which is not consistent with adjoining developments. The intensity of the development is also out of character for an area which is identified as an area of Incremental Change 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 An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Complies As set out above, the application complies with the planning policy framework. The required written statement has been provided.

174 Development Hearings Panel Page Dwelling diversity objective To encourage a range of dwelling sizes and types in developments of ten or more dwellings 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 B3 Developments of ten or more dwellings should provide a range of dwelling sizes and types, including: Dwellings with a different number of bedrooms. At least one dwelling that contains a kitchen, bath or shower, and a toilet and wash basin at ground floor level. Standard B4 Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, if available. Development should not unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads. In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure. Complies The development consists of mainly two bedroom apartments however offers some one bedroom apartments. Ground floor apartments provide for access to those with disabilities. Complies The site is serviced by the required infrastructure and the application has been referred to Council s Engineers who have not raised any concern about the ability of the site to be drained. Conditions of permit cover off on this issue.

175 Development Hearings Panel Page Integration with the street objectives To integrate the layout of development with the street 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 B5 Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility. Development should be oriented to front existing and proposed streets. High fencing in front of dwellings should be avoided if practicable. Development next to existing public open space should be laid out to complement the open space. Standard B6 Walls of buildings should be set back from streets the distance specified in Table B1. Porches, pergolas and verandahs that are less than 3.6 metres high and eaves may encroach not more than 2.5 metres into the setbacks of this standard. Does not comply Variation required Comments: Whilst the development fronts High Street all front doors to dwellings are internal to the site. As secluded private open space is provided within the front setback high fencing is required to provide privacy to these dwellings. Balconies at first floor fronting High Street have been provided with glass balustrading to provide some integration with the street, however this results in overlooking issues to the private open space of ground floor apartments and is therefore considered inappropriate. Does not comply Variation required The decision guidelines require consideration to be given to the following issues: The design response. Whether a different setback would be more appropriate taking into account the prevailing setbacks of existing buildings on nearby lots. The visual impact of the building when viewed from the street and from adjoining properties. The value of retaining vegetation within the front setback. Comments: The adjoining properties have a setback of 7.6 and 6.05m respectively. Therefore a setback of 6.8m is required. The proposed setback is 6.05m. Given the minor variation it is considered that the proposed setback is appropriate.

176 Development Hearings Panel Page Building height objectives To ensure that the height of buildings respects the existing or preferred neighbourhood character. Standard B7 The maximum building height should not exceed the maximum height specified in the zone, schedule to the zone or an overlay that applies to the land. If no maximum height is specified in the zone, schedule to the zone or an overlay, the maximum building height should not exceed 9 metres, unless 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 building height should not exceed 10 metres. Changes of building height between existing buildings and new buildings should be graduated. Complies The proposed development is double storey in height. It is not considered that a double storey development is out of character in a residential area in regards to the height Site coverage objective To encourage development that respects the landscape character of the neighbourhood. To encourage the retention of significant trees on the site Permeability objectives To reduce the impact of increased stormwater run-off on the drainage system. To facilitate on-site stormwater infiltration. Standard B8 The site area covered by buildings should not exceed 60 per cent. Standard B9 At least 20 per cent of the site should not be covered by impervious surfaces. Complies The site coverage of buildings is approximately 55 percent of the site, which is less than the 60% allowed by the standard. Complies The site retains at least 20 per cent permeability, assisting in on site stormwater filtration.

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178 Development Hearings Panel Page 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 Buildings should be: Oriented to make appropriate use of solar energy. Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced. Living areas and private open space should be located on the north side of the development, if practicable. Developments should be designed so that solar access to north-facing windows is maximised. Complies The dwellings are designed to take advantage of solar energy and living rooms and private open space areas and located to receive northern light. Dwellings located on the south side of the development have areas of private open space with north facing aspects. While living areas do not have direct access to north facing windows however front onto the areas of private open space with north facing aspects 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 If any public or communal open space is provided on site, it should: Be substantially fronted by dwellings, where appropriate. Provide outlook for as many dwellings as practicable. Be designed to protect any natural features on the site. Be accessible and useable. - N/A There is no communal open space requiring consideration.

179 Development Hearings Panel Page Safety objective To ensure the layout of development provides for the safety and security of residents and property. Standard B12 Entrances to dwellings and residential buildings should not be obscured or isolated from the street and internal accessways. Planting which creates unsafe spaces along streets and accessways should be avoided. Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal accessways. Private spaces within developments should be protected from inappropriate use as public thoroughfares. Does not comply Comments: All dwelling entrances are located internally to the site accessed from internal corridors. The basement car parking is only accessible by the vehicle access ramp with no other pedestrian access provided. This creates unsafe spaces for pedestrians entering the basement to access storage and vehicles and exiting to their dwellings.

180 Development Hearings Panel Page Landscaping objectives 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 The landscape layout and design should: Protect any predominant landscape features of the neighbourhood. Take into account the soil type and drainage patterns of the site. Allow for intended vegetation growth and structural protection of buildings. In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals. Provide a safe, attractive and functional environment for residents. Development should provide for the retention or planting of trees, where these are part of the character of the neighbourhood. Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made. The landscape design should specify landscape themes, vegetation (location and species), paving and lighting. Does not comply Variation required Comments: A landscape plan has not been provided, however the schedule to the zone requires that 1 canopy tree be provided per dwelling. Therefore 17 canopy trees would be required for the development. While there are large areas of open space the areas provided largely do not meet the minimum dimensions required under the zone. The planting of 17 canopy trees within these areas would further compromise their usability. It is therefore considered that the appropriate landscaping is unable to be provided.

181 Development Hearings Panel Page Access objective To ensure the number and design of vehicle crossovers respects the neighbourhood character. Standard B14 The width of accessways or car spaces should not exceed: 33 per cent of the street frontage, or if the width of the street frontage is less than 20 metres, 40 per cent of the street frontage. No more than one single-width crossover should be provided for each dwelling fronting a street. The location of crossovers should maximise the retention of on-street car parking spaces. The number of access points to a road in a Road Zone should be minimised. Developments must provide for access for service, emergency and delivery vehicles. Complies A total of 16 per cent of the frontage is taken up with vehicle crossings, which complies with the standard Parking location objective To provide convenient parking for resident and visitor vehicles. To protect residents from vehicular noise within developments. Standard B15 Car parking facilities should: Be reasonably close and convenient to dwellings and residential buildings. Be secure. Be well ventilated if enclosed. Large parking areas should be broken up with trees, buildings or different surface treatments. Shared accessways or car parks of other dwellings and residential buildings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway. Does not comply Variation required Comments: The car parking area provided in the basement is only accessible via the vehicle access ramp. This is not considered to be convenient for residents or visitors. It is also not clear from the plans whether there will be any type of access gate to provide security to the basement car parking and storage areas.

182 Development Hearings Panel Page 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 A new building not on or within 200mm of a boundary should be set back from side or rear boundaries: At least the distance specified in a schedule to the zone, or If no distance is specified in a schedule to the zone, 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres. Sunblinds, verandahs, porches, eaves, fascias, gutters, masonry chimneys, flues, pipes, domestic fuel or water tanks, and heating or cooling equipment or other services may encroach not more than 0.5 metres into the setbacks of this standard. Landings having an area of not more than 2 square metres and less than 1 metre high, stairways, ramps, pergolas, shade sails and carports may encroach into the setbacks of this standard. Complies The required setbacks have been achieved for the development and all side and rear setbacks comply with the formula contained in the standard.

183 Development Hearings Panel Page 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 A new wall constructed on or within 200mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of lot should not abut the boundary: For a length of more than the distance specified in a schedule to the zone; or If no distance is specified in a schedule to the zone, for a length of more than: o 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or o Where there are existing or simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater. A new wall or carport may fully abut a side or rear boundary where slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary. A building on a boundary includes a building set back up to 200mm from a boundary. The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall. - N/A There are no new walls proposed on property boundaries.

184 Development Hearings Panel Page Daylight to windows objective To allow adequate daylight into existing habitable room windows. Standard B19 Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot. Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window. Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window. Complies The required light courts have been achieved and all windows have access to the required level of daylight North facing windows objective To allow adequate solar access to existing north-facing habitable room windows. Standard B20 If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east. - N/A There are no north facing windows on abutting lots which require consideration.

185 Development Hearings Panel Page Overshadowing open space objective To ensure buildings do not significantly overshadow existing secluded private open space. Standard B21 Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the amount of sunlight should not be further reduced. Complies The level of overshadowing associated with the development is within the requirements of the standard.

186 Development Hearings Panel Page Overlooking objective To limit views into existing secluded private open space and habitable room windows. Standard B22 A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level. A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either: Offset a minimum of 1.5 metres from the edge of one window to the edge of the other. Have sill heights of at least 1.7 metres above floor level. Have fixed, obscure glazing in any part of the window below 1.7 metre above floor level. Have permanently fixed external screens to at least 1.7 metres above floor level and be no more than 25 per cent transparent. Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard. Screens used to obscure a view should be: Perforated panels or trellis with a maximum of 25 per cent openings or solid translucent panels. Permanent, fixed and durable. Designed and coloured to blend in with the development. This standard does not apply to a new habitable room window, balcony, terrace, deck or patio which faces a property boundary where there is a visual barrier at least 1.8 metres high and the floor level of the habitable room, balcony, terrace, deck or patio is less than 0.8 metres above ground level at the boundary. Complies The development is designed to meet the requirements of the standard and therefore views into existing secluded private open space areas and habitable room windows have been limited.

187 Development Hearings Panel Page 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 Windows and balconies should be designed to prevent overlooking of more than 50 per cent of the secluded private open space of a lower-level dwelling or residential building directly below and within the same development. Does not comply Comments: Balconies of the dwellings fronting High Street have clear glass balustrading which will allow overlooking into the secluded open space of the dwellings blow Noise impacts objective To contain noise sources in developments that may affect existing dwellings. To protect residents from external noise. Standard B24 Noise sources, such as mechanical plant, should not be located near bedrooms of immediately adjacent existing dwellings. Noise sensitive rooms and secluded private open spaces of new dwellings and residential buildings should take account of noise sources on immediately adjacent properties. Dwellings and residential buildings close to busy roads, railway lines or industry should be designed to limit noise levels in habitable rooms. Complies Whilst the site is located along High Street which is a busy duel lane road, the site is separated from this road via as service lane and vegetation. It is therefore considered that habitable rooms are located far enough away from the noise source to have any adverse amenity issues Accessibility objective To encourage the consideration of the needs of people with limited mobility in the design of developments. Standard B25 The dwelling entries of the ground floor of dwellings and residential buildings should be accessible or able to be easily made accessible to people with limited mobility. Complies The entries to the ground floor of the dwellings are accessible to those with limited mobility.

188 Development Hearings Panel Page Dwelling entry objective To provide each dwelling or residential building with its own sense of identity. Standard B26 Entries to dwellings and residential buildings should: Be visible and easily identifiable from streets and other public areas. Provide shelter, a sense of personal address and a transitional space around the entry. Does not comply Comments: All dwelling entrances are obscured from the street. Whilst a pathway is provided from the street to the internal accessways it is not considered that entries to the dwellings are easily identifiable from the street Daylight to new windows objective To allow adequate daylight into new habitable room windows. Standard B27 A window in a habitable room should be located to face: An outdoor space clear to the sky or a light court with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or A verandah provided it is open for at least one third of its perimeter, or A carport provided it has two or more open sides and is open for at least one third of its perimeter. Complies All habitable room windows face an outdoor space of the required dimensions, allowing light into habitable rooms.

189 Development Hearings Panel Page Private open space objective To provide adequate private open space for the reasonable recreation and service needs of residents. B28 A dwelling or residential building should have private open space of an area and dimensions specified in the schedule to the zone. If no area or dimensions are specified in the schedule to the zone, a dwelling or residential building should have private open space consisting of: An area of 40 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with a minimum area of 25 square metres, a minimum dimension of 3 metres and convenient access from a living room, or A balcony of 8 square metres with a minimum width of 1.6 metres and convenient access from a living room, or A roof-top area of 10 square metres with a minimum width of 2 metres and convenient access from a living room. Does not comply Variation required Comments: The schedule to the zone requires that all dwellings are provided with an area of 60 square metres, with one part of the private open space to consist of secluded private open space at the side or rear of the dwelling or residential building with minimum area of 40 square metres, a minimum dimension of 5 metres and convenient access from a living room. It cannot include a balcony or roof top terrace. All of the first floor dwellings are provided with balconies and therefore do not meet the standard. The ground floor apartments fronting High Street have private open space within the front setback. They do not meet the minimum area of 40 square metres. Of the dwellings at ground floor only dwellings 6 and 9 meet the minimum area and width requirements. Clause Solar Access to Open Space To allow solar access into the secluded private open space of new dwellings and residential buildings. Standard B29 The private open space should be located on the north side of the dwelling or residential building, if appropriate. The southern boundary of secluded private open space should be set back from any wall on the north of the space at least (2+0.9h) metres, where h is the height of the wall. Complies The proposed secluded private open space receives adequate solar access and complies with the setback requirement of the standard.

190 Development Hearings Panel Page 190 Clause Storage To provide adequate storage facilities for each dwelling. Standard B30 Each dwelling should have convenient access to at least 6 cubic metres of externally accessible, secure storage space. Complies The appropriate storage areas have been provided in accordance with the standard. Clause Design Detail To encourage design detail that respects the existing or preferred neighbourhood character. Standard B31 The design of buildings, including: Façade articulation and detailing, Window and door proportions, Roof form, and Verandahs, eaves and parapets, should respect the existing or preferred neighbourhood character. Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character. Does not comply Variation required Comments: The design of the proposed development is not considered to be respectful of the existing or preferred neighbourhood character. Clause Front Fences To encourage front fence design that respects the existing or preferred neighbourhood character. Standard B32 The design of front fences should complement the design of the dwelling or residential building and any front fences on adjoining properties. A front fence within 3 metres of a street should not exceed: Streets in a Road Zone, Category 1: 2 metres. Other streets: 1.5 metres. Complies The front fence proposed is considered to complement the design of the dwelling and the front fences on adjoining properties. It is not clear from the plans however how high the fence will be.

191 Development Hearings Panel Page 191 Clause Common Property 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. B33 Development should clearly delineate public, communal and private areas. Common property, where provided, should be functional and capable of efficient management. Complies The common property area provided as part of this development is practical and could easily be maintained. Clause Site Services To ensure that site services can be installed and easily maintained. To ensure that site facilities are accessible, adequate and attractive. B34 The design and layout of dwellings and residential buildings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically. Bin and recycling enclosures, mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development. Bin and recycling enclosures should be located for convenient access by residents. Mailboxes should be provided and located for convenient access as required by Australia Post. Does not comply Comments: The proposed bin storage is located in the basement and is not considered to be in a convenient location for residents given the accessibility issues identified. Mailboxes and other facilities are however considered to be in convenient locations.

192 Development Hearings Panel Page Energy efficiency To achieve and protect energy efficient dwellings and buildings. To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy. To ensure dwellings achieve adequate thermal efficiency. Buildings should be: Oriented to make appropriate use of solar energy. Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced. Living areas and private open space should be located on the north side of the development, if practicable. Developments should be designed so that solar access to north-facing windows is optimised. Dwellings located in a climate zone identified Table B4 in should not exceed the maximum Nat HERS annual cooling load specified in the following table. Complies As above the development is considered to achieve an energy efficient design.

193 Development Hearings Panel Page 193 Clause Communal open space To ensure that communal open space is accessible, practical, attractive, easily maintained and integrated with the layout of the development. Developments with 40 or more dwellings should provide a minimum area of communal open space of 2.5 square metres per dwelling or 250 square metres, whichever is lesser. Communal open space should: Be located to: o Provide passive surveillance opportunities, where appropriate. o Provide outlook for as many dwellings as practicable. o Avoid overlooking into habitable rooms and private open space of new dwellings. o Minimise noise impacts to new and existing dwellings. N/A Development only has 17 dwellings. Be designed to protect any natural features on the site. Maximise landscaping opportunities. Be accessible, useable and capable of efficient management. Clause Solar access to communal outdoor open space To allow solar access into communal outdoor open space. The communal outdoor open space should be located on the north side of a building, if appropriate. At least 50 per cent or 125 square metres, whichever is the lesser, of the primary communal outdoor open space should receive a minimum of two hours of sunlight between 9am and 3pm on 21 June. N/A No communal outdoor open space is proposed.

194 Development Hearings Panel Page 194 Clause Deep soil areas and canopy trees To promote climate responsive landscape design and water management in developments to support thermal comfort and reduce the urban heat island effect. The landscape layout and design should: Be responsive to the site context. Consider landscaping opportunities to reduce heat absorption such as green walls, green roofs and roof top gardens and improve on-site storm water infiltration. Maximise deep soil areas for planting of canopy trees. Integrate planting and water management. Developments should provide the deep soil areas and canopy trees specified in Table B5. If the development cannot provide the deep soil areas and canopy trees specified in Table B5, an equivalent canopy cover should be achieved by providing either: Canopy trees or climbers (over a pergola) with planter pits sized appropriately for the mature tree soil volume requirements. Vegetated planters, green roofs or green facades. Does not comply Comments: The site is approximately 1200m² therefore a deep soil area of 7.5% of the site area is required. This equates to 90m². It has not been demonstrated in the plans or supporting documentation how that the minimum tree provision has been met. Given the proposal also has a large basement it is unclear how planting will be able to occur on site.

195 Development Hearings Panel Page 195 Clause Integrated water and stormwater management To encourage the use of alternative water sources such as rainwater, stormwater and recycled water. To facilitate stormwater collection, utilisation and infiltration within the development. To encourage development that reduces the impact of stormwater run-off on the drainage system and filters sediment and waste from stormwater prior to discharge from the site. Buildings should be designed to collect rainwater for nondrinking purposes such as flushing toilets, laundry appliances and garden use. Buildings should be connected to a non-potable dual pipe reticulated water supply, where available from the water authority. The stormwater management system should be: Designed to meet the current best practice performance objectives for stormwater quality as contained in the Urban Stormwater Best Practice Environmental Management Guidelines (Victorian Stormwater Committee 1999) as amended. Designed to maximise infiltration of stormwater, water and drainage of residual flows into permeable surfaces, tree pits and treatment areas. The application has not provided any information of how water and stormwater will be managed on site.it is considered that should a planning permit be issued this could be conditioned.

196 Development Hearings Panel Page 196 Clause Noise impacts To contain noise sources in developments that may affect existing dwellings. To protect residents from external and internal noise sources. Noise sources, such as mechanical plants should not be located near bedrooms of immediately adjacent existing dwellings. The layout of new dwellings and buildings should minimise noise transmission within the site. Noise sensitive rooms (such as living areas and bedrooms) should be located to avoid noise impacts from mechanical plants, lifts, building services, non-residential uses, car parking, communal areas and other dwellings. New dwellings should be designed and constructed to include acoustic attenuation measures to reduce noise levels from off-site noise sources. Buildings within a noise influence area specified in Table B6 should be designed and constructed to achieve the following noise levels: Not greater than 35dB(A) for bedrooms, assessed as an LAeq, 8h from 10pm to 6am. Not greater than 40dB(A) for living areas, assessed LAeq, 16h from 6am to 10pm. Buildings, or part of a building screened from a noise source by an existing solid structure, or the natural topography of the land, do not need to meet the specified noise level requirements. Noise levels should be assessed in unfurnished rooms with a finished floor and the windows closed. The application has not demonstrated where mechanical plants will be located. Details of acoustic attenuation have also not been provided.

197 Development Hearings Panel Page 197 Clause Accessibility To ensure the design of dwellings meets the needs of people with limited mobility At least 50 per cent of dwellings should have: clear opening width of at least 850mm at the entrance to the dwelling and main bedroom. A clear path with a minimum width of 1.2 metres that connects the dwelling entrance to the main bedroom, an adaptable bathroom and the living area. A main bedroom with access to an adaptable bathroom. At least one adaptable bathroom that meets all of the requirements of either Design A or Design B specified in Table B7. The plans submitted have not been clearly dimensioned to show compliance with this standard. However it is considered that the dwelling design does provide a clear path from the dwelling entrance to a main bedroom and that bathrooms can be adaptable to meet the requirements of either Design A or Design B specified in Table B Building entry and circulation To provide each dwelling and building with its own sense of identity. To ensure the internal layout of buildings provide for the safe, functional and efficient movement of residents. Entries to dwellings and buildings should: Be visible and easily identifiable. Provide shelter, a sense of personal address and a transitional space around the entry. The layout and design of buildings should: Clearly distinguish entrances to residential and nonresidential areas. As discussed above it is not considered that the dwelling entrances are clearly visible and easily identifiable. There are no lifts provided with all access to first floor being via stairs. There are no foyer areas with each dwelling having individual access from internal accessways. To ensure internal communal areas provide adequate access to daylight and natural ventilation. Provide windows to building entrances and lift areas. Provide visible, safe and attractive stairs from the entry level to encourage use by residents. Provide common areas and corridors that: o Include at least one source of natural light and natural ventilation. o Avoid obstruction from building services.

198 Development Hearings Panel Page 198 o Maintain clear sight lines. Clause Private open space above ground floor To provide adequate private open space for the reasonable recreation and service needs of residents. A dwelling should have private open space consisting of: An area of 15 square metres, with a minimum dimension of 3 metres at a podium or other similar base and convenient access from a living room, or A balcony with an area and dimensions specified in Table B8 and convenient access from a living room. If a cooling or heating unit is located on a balcony, the balcony should provide an additional area of 1.5 square metres. All first floor dwellings have the minimum balcony requirements apart from dwellings 10 and 13 which have minimum dimensions of 1.6m. As they are two bedroom apartments they should have minimum dimensions of 2m. However the site is within a General Residential Zone Schedule 2. The schedule to the zone requires private open space at ground floor level. It is therefore considered that the balconies for all first floor apartments do not meet the requirements of the schedule to the zone. Clause Storage To provide adequate storage facilities for each dwelling. Each dwelling should have convenient access to usable and secure storage space. The total minimum storage space (including kitchen, bathroom and bedroom storage) should meet the requirements specified in Table B9. The storage for all dwellings are located within the basement. It is unclear if the basement will be secured. It is therefore considered that these spaces are not secure. Cupboard dimensions have not been provided and therefore it is unclear if the minimum storage requirements within the dwelling have been met.

199 Development Hearings Panel Page 199 Clause Waste and recycling To ensure dwellings are designed to encourage waste recycling. To ensure that waste and recycling facilities are accessible, adequate and attractive. To ensure that waste and recycling facilities are designed and managed to minimise impacts on residential amenity, health and the public realm. Developments should include dedicated areas for: Waste and recycling enclosures which are: o Adequate in size, durable, waterproof and blend in with the development. o Adequately ventilated. o Located and designed for convenient access by residents and made easily accessible to people with limited mobility. Adequate facilities for bin washing. These areas should be adequately ventilated. Collection, separation and storage of waste and recyclables, including where appropriate opportunities for on-site management of food waste through composting or other waste recovery as appropriate. Collection, storage and reuse of garden waste, including opportunities for on-site treatment, where appropriate, or off-site removal for reprocessing. Adequate circulation to allow waste and recycling collection vehicles to enter and leave the site without reversing. Adequate internal storage space within each dwelling to enable the separation of waste, recyclables and food waste where appropriate. As discussed above it is not considered that the propose waste enclosures in the basement are located in a convenient location due to the poor access provided to the basement. It is assumed that waste collection will be via a council collection given that it is unlikely that a waste collection vehicle would be able to enter the basement. Therefore bins will have to be wheeled out of the basement via the access ramp. The waste management of the site has not been properly addressed. Should a permit be issued it is considered that a waste management plan be required as a permit condition. Clause Functional layout To ensure dwellings provide functional areas that meet the needs of residents. Bedrooms should: Meet the minimum internal room dimensions specified in Table B10. The plans do not clearly demonstrate how the bedrooms and living spaces comply with this standard. This could be a condition of permit if a permit is to issue.

200 Development Hearings Panel Page 200 Provide an area in addition to the minimum internal room dimensions to accommodate a wardrobe. Clause Room depth To allow adequate daylight into single aspect habitable rooms. Clause Windows To allow adequate daylight into new habitable room windows. Single aspect habitable rooms should not exceed a room depth of 2.5 times the ceiling height. The depth of a single aspect, open plan, habitable room may be increased to 9 metres if all the following requirements are met: The room combines the living area, dining area and kitchen. The kitchen is located furthest from the window. The ceiling height is at least 2.7 metres measured from finished floor level to finished ceiling level. This excludes where services are provided above the kitchen. The room depth should be measured from the external surface of the habitable room window to the rear wall of the room. Habitable rooms should have a window in an external wall of the building. A window may provide daylight to a bedroom from a smaller secondary area within the bedroom where the window is clear to the sky. The secondary area should be: A minimum width of 1.2 metres. The plans do not clearly demonstrate how the habitable rooms comply with this standard. This could be a condition of permit if a permit is to issue. All habitable rooms have windows that comply with the standard.

201 Development Hearings Panel Page 201 A maximum depth of 1.5 times the width, measured from the external surface of the window.

202 Development Hearings Panel Page 202 Clause Natural ventilation To encourage natural ventilation of dwellings. To allow occupants to effectively manage natural ventilation of dwellings. The design and layout of dwellings should maximise openable windows, doors or other ventilation devices in external walls of the building, where appropriate. At least 40 per cent of dwellings should provide effective cross ventilation that has: A maximum breeze path through the dwelling of 18 metres. A minimum breeze path through the dwelling of 5 metres. Ventilation openings with approximately the same area. The breeze path is measured between the ventilation openings on different orientations of the dwelling. This has not been demonstrated on the plans. This could be a condition of permit if a permit is to issue.

203 Development Hearings Panel Page 203 Legislative Issues The Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are the relevant documents under which Council must consider this application. Conclusion In conclusion it is considered that due to the non-compliance with the various ResCode standards, the inability to provide the required areas of private open space stated in Schedule 2 to the General Residential Zone and the insufficient plans provided that the application should not be supported. It is therefore recommended that the position of Council at the scheduled VCAT hearing be that of non-support and the application be refused.

204 Development Hearings Panel Page 204 Application No: Applicant: Subject Land: Owner: Zone: Overlays: Existing Use: Proposed Use: PP N J Teague 31 Marlin Drive, OCEAN GROVE M A Teague and N J Teague GRZ1 DDO14 Single Dwelling with garage Construct a Second Dwelling and Subdivide the Land into Two (2) Lots Indicates Objector Subject Site 31 MARLIN DRIVE, OCEAN GROVE

205 Development Hearings Panel Page 205 Summary The subject site is located to the east of Marlin Drive on an irregular shaped lot known as 31 Marlin Drive, Ocean Grove. The site contains an existing dwelling with associated landscaping and a garage fronting John Dory Drive. Current vehicle access is gained from John Dory Drive via a formal crossover. Post and wire fencing exists along the sites front boundary on Marlin Drive. There is also extensive vegetation scattered throughout the site. The site has an overall area of approximately 1054sqm and is not encumbered by any easements. The topography of the land shows a gradual 1 metre slope from east to west with the front portion of the site having the greatest slope near the western boundary, sloping approximately 3 metres. An electricity pole and bus stop is also located on the nature strip along Marlin Drive. The neighbouring dwellings vary from single to double storey dwellings. Dwellings usually contain low permeable fencing with some without a fence. Front setbacks are generally consistent with existing lawn and landscaping providing a sense of openness. There is substantial vegetation scattered throughout the area with the majority on private lots. This part of Ocean Grove remains intact with little multi-unit development having occurred, thus retaining vegetation where possible. The site is located within a General Residential Zone Schedule 1 (GRZ1) and contains a Design and Development Overlay Schedule 14 (DDO14). The application proposes to retain the existing dwelling and construct a second dwelling on the lot and subdivide the land into two lots. The application was advertised by way of letters that were sent to owners and occupiers of adjoining land (including opposite) and A3 signs were placed on the land. One objection was received. The objector raised many concerns largely relating to plan inaccuracies, impact on neighbourhood character and overlooking. A consultation meeting was held however no resolution could be reached and the objector did not withdraw their objection. The application was assessed against the Zone, State and Local Planning Policy, Clause 55 (ResCode) and Clause (Car Parking) of the Greater Geelong Planning Scheme and was found to be inconsistent with these policies. In consideration of the above, it is recommended that the application be refused based on the grounds contained in this report. Moved: Tim Hellsten Seconded: John Bryce That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Refuse to Grant a Planning Permit for the Construct a Second Dwelling and Subdivide the Land into Two (2) Lots at 31 Marlin Drive, OCEAN GROVE on the following grounds: 1. The proposal fails to meet with the objectives of the General Residential Zone where it encourages development to respect the neighbourhood character of the area.

206 Development Hearings Panel Page The proposal fails to meet with the State and Local Policies particularly the policies requiring new development to consider neighbourhood character being Clauses (Supply of urban land), (Urban design), (neighbourhood and subdivision design), (Housing diversity) and, (Neighbourhood character). 3. The proposal fails to meet with the objectives and standards of Clause 55 particularly Clauses (Neighbourhood character), (Residential policy), (Integration with the street), (Street setback), (Side and rear setbacks), (North-facing windows), (Dwelling entry), (Private open space), (Design detail) and (Site services) and the proposal is considered to be an overdevelopment of the site and impacts on the amenity of adjoining dwellings and provides limited amenity to future residents of the dwelling. 4. The proposal fails to meet with the minimum dimensions for garages under Clause Design standard 2 and is considered to contribute to an over development of the site Report The Site & Locality Carried The subject site is located to the east of Marlin Drive on an irregular shaped lot known as 31 Marlin Drive, Ocean Grove. The site contains an existing dwelling with associated landscaping and a garage fronting John Dory Drive with current vehicle access gained from John Dory Drive via a formal crossover. Post and wire fencing exists along the sites front boundary on Marlin Drive. There is also extensive vegetation scattered throughout the site. The site has an overall area of approximately 1054sqm and is not encumbered by any easements. The topography of the land shows a gradual 1 metre slope from east to west with the front portion of the site having the greatest slope near the western boundary, sloping approximately 3 metres.

207 Development Hearings Panel Page 207 The site is located within a General Residential Zone Schedule 1 (GRZ1) and contains a Design and Development Overlay Schedule 14 (DDO14). An electricity pole and bus stop is also located on the nature strip along Marlin Drive. The neighbouring dwellings vary from single to double storey dwellings. Dwellings usually contain low permeable fencing with some dwellings not having a fence. Front setbacks are generally consistent with existing lawn and landscaping providing a sense of an open streetscape. There is substantial vegetation scattered throughout the area with the majority located on private lots. This part of Ocean Grove remains intact with little multi-unit development having occurred, thus retaining vegetation throughout the area. Site History The subject site was part of a three lot subdivision under planning permit PP Proposal The application proposes to retain the existing dwelling and construct a second dwelling on the lot and subdivide the land into two lots. The proposed dwelling will be constructed in front of the existing dwelling with direct frontage onto Marlin Drive with the dwelling setback approximately 6 metres from the front boundary. The dwelling is proposed to be double storey and contain two bedrooms on the ground floor with a bathroom and laundry facilities. The upper floor will contain a master bedroom, open plan kitchen/dining and lounge and a deck. A double garage is also proposed with direct vehicle access proposed from Marlin Drive via a new crossover located along the western boundary. The north, east, and southern facades will act as a 3 metre high retaining wall. The new dwelling will be constructed from a combination of brick on the ground floor and cladding

208 Development Hearings Panel Page 208 on the upper floor. Colourbond roofing is proposed and the overall height of the dwelling is proposed to be approximately 5.8 metres high. The exiting dwelling will retain the vehicle access from John Dory Drive and contain north facing secluded private open space. A new pedestrian access is proposed off Marlin Drive that will be 1.5 metres wide, tapering to 1.2 metres wide as the walkway wraps around the proposed dwelling. Subdivision Lot 1 is proposed to contain the existing dwelling and associated outbuildings and will have a total area of approximately 827sqm. Lot 2 is proposed to contain the new dwelling and will have an overall area of approximately 227sqm. No common property is proposed as part of this application. Greater Geelong Planning Scheme Pursuant to Clause 74 of the Planning Scheme a dwelling is defined as: A building used as a self-contained residence which must include: a) a kitchen sink; b) food preparation facilities c) a bath or shower; and d) a closet pan and wash basin. It includes outbuildings and works normal to a dwelling. Pursuant to Clause of the Planning Scheme a dwelling is nested in the Accommodation group. Subdivision is not defined or nested in the Planning Scheme. A lot is defined as a part (consisting of one or more pieces) of any land (except a road, a reserve, or common property) shown on a plan, which can be disposed of separately and includes a unit or accessory unit on a registered plan of strata subdivision and a lot or accessory lot on a registered plan. Subdivision is defined in the Subdivision Act 1988 as the division of land into two or more parts which can be disposed of separately. Zone Clause General Residential Zone The purpose of the General Residential Zone is: 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 the area. To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport.

209 Development Hearings Panel Page 209 To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations. Overlay Clause Design and Development Overlay The purpose of Clause of the Design & Development Overlay is to: implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. identify areas which are affected by specific requirements relating to the design and built form of new development. Schedule 14 The design objectives of Schedule 14 to the Design & Development Overlay To ensure that the siting, height and visual bulk of dwellings achieves a reasonable sharing of views between properties to significant landscape features such as the coast (ocean and foreshore), Corio Bay, Barwon River, Central Geelong, Barrabool Hills and the You Yangs. Permit required clause and condition Pursuant to Clause of the General Residential Zone, a permit is required to subdivide land. Pursuant to Clause of the General Residential Zone, a permit is required to construct two or more dwellings on a lot. Restrictive Covenant The subject site is not burdened by a Restrictive Covenant or Section 173 Agreement. Cultural Heritage Management Plan (CHMP) The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity. COASTAL INUNDATION AND EROSION: Clause of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change. Strategies include: In planning for possible sea level rise, an increase of 0.2 metres over current 1 in 100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill). Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change. Consider the risks associated with climate change in planning and management decision making processes.

210 Development Hearings Panel Page 210 The subject site is located within close proximity of existing urban development. Council s data indicates that the site is unlikely to be affected by the potential coastal impacts of climate change at LANDFILL GAS RISK ASSESSMENT Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things: Any significant effects the responsible authority considers the environment may have on the use or development [S 60(1) of the PEA]. Clause of The State Planning Policy Framework which aims to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. The EPA has adopted the Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills (September 2010) or Landfill BPEM.. The Landfill BPEM identifies that: Risks associated with landfill gases may occur for at least 30 years post-closure. Appropriate buffer distances must be maintained between the landfill and sensitive land uses. The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained non-putrescible waste. Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated. All buildings and structures and associated infrastructure should be considered. The BPEM specifies that development undertaken within a buffer distance of up to 500 metres may be at risk. As the subject site is not located within 500 metres of an identified former landfill site, a risk assessment is not required. DEVELOPMENTS IN BUSHFIRE PRONE AREAS Clause (Bushfire) seeks to strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life. The site is not located within a designated bushfire prone area. Officer Direct Or Indirect Interest: No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act. State Planning Policy Framework Settlement Planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure.

211 Development Hearings Panel Page 211 Planning is to facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities Supply of Urban Land Objective To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses. Strategies Ensure the ongoing provision of land and supporting infrastructure to support sustainable urban development. Planning for urban growth should consider: Opportunities for the consolidation, redevelopment and intensification of existing urban areas. Neighbourhood character and landscape considerations. The limits of land capability and natural hazards and environmental quality. Service limitations and the costs of providing infrastructure Planning for Growth Objective To optimise infrastructure and consolidate growth. Strategies Maximise capacity and leverage off existing infrastructure and services, particularly near central retail and transport nodes. Support the growth of Bannockburn, Colac, Drysdale/Clifton Springs, Lara, Leopold, Ocean Grove and Torquay/Jan Juc as district towns by building on existing and planned infrastructure and focussing growth along key road and rail networks Urban Design Objective To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Strategies Promote good urban design to make the environment more liveable and attractive.

212 Development Hearings Panel Page 212 Ensure new development or redevelopment contributes to community and cultural life by improving safety, diversity and choice, the quality of living and working environments, accessibility and inclusiveness and environmental sustainability. Require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate. Require development to include a site analysis and descriptive statement explaining how the proposed development responds to the site and its context. Encourage retention of existing vegetation or revegetation as part of subdivision and development proposals Neighbourhood and Subdivision Design Objective To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods. Strategy In the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to create liveable and sustainable communities by: Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people. Creating a strong sense of place because neighbourhood development emphasises existing cultural heritage values, well designed and attractive built form, and landscape character. Environmentally friendly development that includes improved energy efficiency, water conservation, local management of stormwater and waste water treatment, less waste and reduced air pollution. 16 Housing Planning should provide for housing diversity, and ensure the efficient provision of supporting infrastructure. New housing should have access to services and be planned for long term sustainability, including walkability to activity centres, public transport, schools and open space. Planning for housing should include providing land for affordable housing Integrated Housing Objective To promote a housing market that meets community needs. Strategies

213 Development Hearings Panel Page 213 Increase the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised urban land. Ensure that the planning system supports the appropriate quantity, quality and type of housing, including the provision of aged care facilities, supported accommodation for people with disability, rooming houses, student accommodation and social housing. Ensure housing developments are integrated with infrastructure and services, whether they are located in existing suburbs, growth areas or regional towns. Encourage housing that is both water efficient and energy efficient Location of Residential Development Objective To locate new housing in or close to activity centres and in urban renewal precincts and sites that offer good access to jobs, services and transport. Strategies Increase the proportion of new housing in designated locations within established urban areas and reduce the share of new dwellings in greenfield and dispersed development areas. Ensure an adequate supply of redevelopment opportunities within established urban areas to reduce the pressure for fringe development. Facilitate residential development that is cost-effective in infrastructure provision and use, energy efficient, incorporates water efficient design principles and encourages public transport use. Identify opportunities for increased residential densities to help consolidate urban areas Housing Diversity Objective To provide for a range of housing types to meet increasingly diverse needs Strategies Ensure housing stock matches changing demand by widening housing choice, particularly in the middle and outer suburbs. Encourage the development of well-designed medium-density housing which: Respects the neighbourhood character. Improves housing choice. Makes better use of existing infrastructure. Improves energy efficiency of housing.

214 Development Hearings Panel Page 214 Support opportunities for a wide range of income groups to choose housing in wellserviced locations Housing Affordability Objective To deliver more affordable housing closer to jobs, transport and services. Strategies Improve housing affordability by: Ensuring land supply continues to be sufficient to meet demand. Increasing choice in housing type, tenure and cost to meet the needs of households as they move through life cycle changes and to support diverse communities. Promoting good housing and urban design to minimise negative environmental impacts and keep down costs for residents and the wider community. Encouraging a significant proportion of new development, to be affordable for households on low to moderate incomes. Local Planning Policy Framework Municipal Strategic Statement Urban consolidation The objective of Clause of the Municipal Strategic Statement is to: provide for the consolidation of existing urban areas in a managed way. encourage an appropriate range of development densities. improve accessibility to urban services. Strategies Manage urban consolidation and housing change across the municipality, by: o Supporting appropriate medium density housing in the General Residential Zone (Schedule 1) areas Neighbourhood character The objective of Clause of the Municipal Strategic Statement is to: manage the impact of urban change on existing neighbourhoods. ensure that new development responds to the existing neighbourhood character. protect areas with a significant garden character. protect areas with views to significant landscape features. Strategies Ensure that development is responsive to the established character of the area. Support appropriate medium density housing that respects the existing neighbourhood character in the General Residential Zone areas..

215 Development Hearings Panel Page 215 Retain existing vegetation wherever possible, particularly vegetation that contributes to the municipality s tree canopy.

216 Development Hearings Panel Page The Bellarine Peninsula The objective of Clause of the Municipal Strategic Statement is to: protect and enhance the rural and coastal environment on the Bellarine Peninsula and maintain non-urban breaks between settlements. facilitate the development of Ocean Grove, Drysdale/Clifton Springs and Leopold as hubs of development and service provision on the Bellarine Peninsula. In all other townships on the Bellarine Peninsula provide retail, commercial and community uses and facilities that serve the daily needs of the community and encourages street based activity. provide for sustainable industrial, commercial, retail, agricultural and tourism development in designated locations, to service the wider Bellarine community. preserve the individual character, identity and role of each Bellarine township. Strategies Ensure that development responds to the identity and character of the individual township in which it is located. Ensure land use and development proceeds generally in accordance with the relevant Structure Plan maps included in this Clause. Direct the bulk of residential growth and retail development to Ocean Grove, Drysdale/Clifton Springs and Leopold consistent with the relevant Structure Plan maps included in this clause. Ocean Grove: Encourage development which respects the coastal landscape setting of Ocean Grove, by: o Providing reasonable sharing of views of the coast and foreshore o Promoting contemporary design that reflects the existing scale, setbacks, spacing, forms and materials of the buildings in the locality. Encourage a range of accommodation and housing options, including aged care within and adjacent to the town centre and other existing and proposed activity centres. REFERRALS: The following referrals were undertaken: Internal Department: Engineering Services Response: The application is supported and standard conditions are suggested. Officer Comment: The conditions will be included if any permit is to issue.

217 Development Hearings Panel Page 217 Department: Traffic Response: The new dwelling will have pedestrian and vehicle access from Marlin Drive, and the existing dwelling will retain vehicle access from John Dory Drive and pedestrian access from Marlin Drive. The applicant was requested to provide further information (FIR) in order to properly assess the traffic and parking implications of this proposal the applicant needs to provide the following information: Driveway and crossover arrangements. The Site and Adjoining Properties plan shows the location of the proposed driveway, but this is not dimensioned and it doesn t show whether the existing crossover is to be utilised, or removed and replaced. It s difficult to fully assess the proposed driveway and crossover arrangement without this information. A fully dimensioned plan that clearly shows the proposed arrangements for the driveway and crossover, and with distances to other fixed objects/features (power pole, bus stop sign, fence, etc.). Garage dimensions. The ground floor plan shows the dimensions of the garage but does not include dimensions for the roller door access. The plan should be amended to include this dimension. The applicant provided a letter and revised plans on 15 December 2017, which generally answer these questions. Changes which are significant from a traffic perspective are: Enlargement of pedestrian access for the existing dwelling at Marlin Drive from 1500 mm to 2000 mm. Straight accessway between garage of proposed new dwelling and Marlin Drive, and relocation of existing layback to suit. The new dwelling now has a double garage. ISSUES/COMMENTS Vehicle access The proposed vehicle access will join Marlin Drive perpendicularly. The existing layback will be removed and kerb reinstated. [FIR Covering Letter, received 15 Dec 2017, p3; FIR Drawings 1, 3, 4 & 8]. The proposed vehicle access is 3 m wide, and the proposed crossover is 4 m wide [FIR Covering Letter, p3; FIR Drawings 3, 4 & 11]. The double garage entrance is 5.6 m wide (FIR Cover Letter, p3; FIR Drawing 11]. The proposed vehicle access is close to a power pole and a school bus stop [Site and Adjoining Properties Plan; FIR Drawings 1, 3, 4, & 9]. Traffic comment Vehicle access should as far as practicable join the road perpendicularly. The proposed location of the new crossover is satisfactory. The old layback needs to be replaced with kerb and channel. Accessways should match the width of the garage they serve. The 3 m wide accessway shown on FIR Drawing 11 needs to be increased to 4 m wide at the western end to match the width of the new crossover, and increased to 5.6 m wide at the eastern end to match the width of the garage vehicle access.

218 Development Hearings Panel Page 218 The Victorian Road Safety Road Rules 2017, Part 12, states: 195 Stopping at or near a bus stop (1) A driver (except the driver of a public bus) must not stop at a bus stop, or on the road, within 20 metres before a sign on the road that indicates the bus stop, and within 10 metres after the sign, unless the driver stops at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under these Rules. (2) For this rule, distances are measured in the direction in which the driver is driving. (3) In this rule road does not include a road related area, but includes any shoulder of the road. 198 Obstructing access to and from a footpath, driveway etc. (1) A driver must not stop on a road in a position that obstructs access by vehicles or pedestrians to or from a footpath ramp or a similar way of access to a footpath, or a bicycle path or passageway unless (a) the driver is driving a public bus that is dropping off, or picking up, passengers; or (b) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under these Rules. (2) A driver must not stop on or across a driveway or other way of access for vehicles travelling to or from adjacent land unless (a) the driver (i) is dropping off, or picking up, passengers; and (ii) does not leave the vehicle unattended; and (iii) completes the dropping off, or picking up, of the passengers, and drives on, as soon as possible and, in any case, within 2 minutes after stopping; or (b) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under these Rules. (3) For this rule, a driver leaves a vehicle unattended if the driver leaves the vehicle so that the driver is over 3 metres from the closest point of the vehicle. Road Rule 195 prohibits general on-street parking 20 m before or 10 m after a bus stop. Road Rule 198 permits buses to stop over a driveway for up to two minutes in order to drop off or pick up passengers. There are many locations throughout the municipality where vehicle access occurs within the space designated or defined as a bus stop and the proposed arrangement is considered acceptable providing the crossover doesn t affect the future installation of a bus stop pad and/or shelter. Garage The internal measurements of the proposed garage are 5.7 m long and 6.0 m wide [FIR Drawing 11 Ground Floor Plan], with a vehicle door opening 5.6 m wide [FIR covering Letter, p3]. The garage is not a regular shape and the southern wall encroaches into the vehicle parking space at the eastern end. The garage will be used as storage to meet the requirements [Planning Application Report, p 6]. Traffic comment The garage does not meet the minimum internal dimensions required by Greater Geelong Planning Scheme Design Standard 2. The garage is intended for the storage of a vehicle to meet the car parking requirements of Greater Geelong Planning Scheme Car Parking. The same area cannot be concurrently utilised as externally accessible,

219 Development Hearings Panel Page 219 secure storage space to meet the requirements of Greater Geelong Planning Scheme Storage Objective. Pedestrian access to new dwelling The proposal shows a pedestrian path between the footpath and the front entrance of the new dwelling [FIR Drawing 4 Separate Garden Plan]. A path is shown on, however no details of its materials or construction are provided. Traffic comment A pedestrian path, separate from the vehicle accessway, must be provided between the footpath and the front entrance of the new dwelling. Details of its materials and construction should be provided. Pedestrian access to existing dwelling The proposal states that pedestrian access to the existing dwelling will be provided by a 1.5 m wide stepped pedestrian path from the footpath at Marlin Drive, fenced on both sides, and provided with an illuminated street number [Planning Application Report, p 7]. The proposal does not describe how the path will be lit. Traffic comment The proposed stepped pedestrian access to the existing dwelling does not provide accessible access for people with mobility-impairments. The pedestrian access is the only frontage the existing dwelling will have to Marlin Drive. At 1.5 m wide it is significantly less than those of other properties on Marlin Drive (typically 18 m wide on the east side and 15 m wide on the west side of the road). The address may be difficult for visitors and emergency services to locate readily and does not contribute to the sense of identity and sense of personal address required by Greater Geelong Planning Scheme The proposal should state how the pedestrian access will be lit. The fence separating the pedestrian path for the existing dwelling from the accessway of the new dwelling may prevent drivers and pedestrians from getting a clear view of each other in the vicinity of the footpath. This could lead to pedestrian/vehicle collisions. The fence height should be reduced or a permeable design used to provide adequate sight distance. Mailbox location The proposal does not describe the location of the mailbox for either dwelling. Traffic comment A mailbox for the existing dwelling located inside the area reserved for the pedestrian path may reduce the available width of the pedestrian path. The mailbox for the new dwelling should be located at a separate location next to the pedestrian path leading to the front entrance of that dwelling. Waste collection The proposal states that there is ample space for bins [Planning Application Report, p7] but does not state for either dwelling where waste bins will be stored, where they will be placed on the nature strip for waste collection, or how they will be moved between these two locations. Traffic comment Given that the pedestrian access to the existing dwelling is proposed to be stepped [Planning Application Report, p 7] it may be difficult for occupants to take loaded wheelie bins safely down the pedestrian path. This may

220 Development Hearings Panel Page 220 encourage waste bins to be left on the nature strip, at the bus stop, or in the front yard of the new dwelling. Accessibility The proposal states that pedestrian access to the ground floor of the new dwelling will be accessible for persons with limited mobility [Planning Application Report, p 7]. The proposal does not describe how pedestrians with limited mobility are able to access the footpath in Marlin Drive. Traffic comment A pedestrian path suitable for people with limited mobility, separate from the vehicle accessway, must be provided between the footpath and the front entrance of the new dwelling. Officer Comment: All the traffic comments were taken into consideration when writing this report. Traffic stated the application is not supported in its current form and offer conditional approval. However, in this instance, some of the conditions may result in a redesign. For example Traffic requires a condition for the garage dimensions to be revised to meet with Clause and also requires the vehicle accessway to be wider. This will compromise the pedestrian walk way leading to the existing dwelling. Conditional approval that requires a redesign may require further assessment and is not considered the best approach in making a decision. It is recommended that the application be refused. AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION: The application was not amended prior to public notification. PUBLIC NOTIFICATION: The application is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act and pursuant to Section 52 of the Planning and Environment Act 1987 the following forms of advertising were undertaken: Notices were sent to owners and occupiers of adjoining land (including opposite) A3 signs were placed on the land AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended following public notification. CONSULTATION: As a result of public notification, Council has received one (1) objection. A consultation meeting was scheduled however no resolution was possible. The objector has chosen not to withdraw their objection. The concerns of objectors are summarised and commented on below:

221 Development Hearings Panel Page 221 OBJECTIONS Objection Plan inaccuracies showing incorrect window sizes of the adjoining property and inaccurate garden plan, no survey plan with levels submitted. Response The incorrect window sizes were raised at the consultation meeting. Given the window locations appear to be accurate with minor variations in measurement, it is considered this minor discrepancy is not detrimental to the assessment of this application. The garden area plan submitted shows the percentages of garden area with the overall site to have a garden area of 45%. There are no calculations to show how this number is derived. Further clarification of this garden area plan could have been submitted to demonstrate how compliance is achieved. It seems there is enough garden area to meet with the requirement however further calculations can be included as a condition on the planning permit if one was to issue. A feature survey plan submitted with the application was of the existing site to the north prior to the site being subdivided under previous planning permit PP The applicant has continued these contour lines on the subject site on a Levels Plan submitted with the application however it still appears to be inconsistent as it doesn t show an accurate representation of the slope of the land where the new dwelling is proposed. Without accurate levels submitted to Council, is makes it difficult to determine the extent of excavation proposed and how the new dwelling will sit within the site. Objection Impact on neighbourhood character particularly separation and spacing, front setback and level of excavation proposed is out of character. Response The immediate area does appear to have an open and low scale character. This can be defined through separation and spacing between dwellings, front setbacks that allow for landscaping and front fencing being generally low and permeable. These characteristics contribute to the openness of the area. It seems the location of the new dwelling within the existing front setback will be out of character with the immediate area. It will completely hide the second dwelling from public view and will not achieve separation between built form. A thorough assessment on neighbourhood character will be undertaken later in this report. The proposed front setback will be assessed against the ResCode assessment later in this report. The level of excavation proposed (3 metre high retaining walls) can be considered to be out of character, however not uncommon for sloping land.

222 Development Hearings Panel Page 222 Objection Overlooking Response This will be assessed in further detail under the ResCode assessment of this report. The windows on the upper floor facing south are highlight windows and contain obscure glass. ASSESSMENT: Planning Policy The application has been assessed against the relevant state and local planning policies and is generally found to be inconsistent. Whilst the development proposes an increase in density in an established residential area and increases housing choice, it needs to be respectful of the existing neighbourhood character. The new dwelling has not been designed to achieve the objectives in Clause Ocean Grove in that it does not reflect the existing scale, setbacks and spacing identified in this locality. Overall, the proposed development is considered to be inconsistent with the requirements of the Greater Geelong Planning Scheme. General Residential Zone One of the key considerations under the general Residential Zone is for new development to respect the neighbourhood character of the area. Whilst Council has not adopted a neighbourhood character policy or neighbourhood character guidelines for Ocean Grove, the existing neighbourhood character must be taken into consideration. Does the proposed development respect the existing neighbourhood character? The existing character of the area is made up of predominantly single dwellings with a variety of roofing styles from flat roofs through to the majority having pitched roofing and are constructed from a variety of materials such as weatherboard/brick and render finish. Dwellings are generally setback from front and side boundaries with front lawn and landscaping present with spacing and separation between the dwellings contributing to a sense of openness of the neighbourhood. This could be due to the lack of multi-unit developments in the immediate area which has allowed many lots to retain existing vegetation. High tree canopies are present on most lots with wide nature strips, some containing street trees. The east side of Marlins Road sits higher than the west side which allows opportunities for the dwellings to the east to obtain views. Front setbacks generally range from 5 metres to 12 metres. No.33 Barramundi Crescent has a front setback of 2.5 metres to match the existing side setback of the adjoining garage at 28 Marlin Drive. These two dwellings are considered to be anomalies in the area with No.29 Barramundi Crescent also containing a carport with a 2 metre setback. Marlin Drive generally contains regular shaped lots with single dwellings and mature vegetation. This pocket of Ocean Grove is largely residential with the exception further north of the subject site where the following uses are located: City of Greater Geelong children s service centre, Our Lady Star of the Sea Catholic Primary School and the Bellarine Aquatic and Sports Centre.

223 Development Hearings Panel Page 223 The application proposes to introduce a new dwelling within the front setback of the exiting dwelling. The image below shows the subject site as viewed from Marlin Drive. The site currently contains substantial vegetation and landscaping. The removal of this landscaping to allow for a new dwelling that will sit forward than the neighbouring dwelling is considered to be out of character within the streetscape. 31 Marlin Drive as viewed from Marline Drive The second image below shows the neighbouring property No.33 Marlin Drive in the foreground. The neighbouring dwelling presents an openness with minimal hard surface areas and substantial landscaping and no fence. This image gives an indication of how far forward the new dwelling will sit with a proposed front setback of 6 metres. Whilst a setback of 6 metres is considered adequate for landscaping, on a site that has a significant slope, the dwelling will appear to sit far more forward within the streetscape of the existing dwellings and is considered to sit out of context, particularly being located so close to the existing dwelling on the site, completely obscuring it from the public view from Marlin Drive.

224 Development Hearings Panel Page 224 Looking north on Marlin Drive towards the subject site and No.33 Marlin Drive The siting of the proposed dwelling will restrict the view of the existing dwelling on-site and the only visible frontage it currently has. Because of the shape of the block, the existing dwelling has no frontage or sense of address to John Dory Drive as this frontage is taken up by the existing garage. Looking south onto John Dory Drive with the garage to 31 Marlin Drive on the left and No.28 & 30 John Dory Drive to the right of the image.