Combined Planning Scheme Amendment and Permit Application Bonds Road, Lower Plenty

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1 Combined Planning Scheme Amendment and Permit Application On behalf of Golf View Estates Pty Ltd David Lock Associates 08 April 2016

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3 David Lock Associates Combined Planning Scheme Amendment and Permit Application Contents 1.0 Executive Summary Rezoning Planning Permit Native Vegetation Arboricultural Assessment Removal/ Variation to Easements Planning Scheme Compliance Documentation Site Description Location Site Details Title Particulars Easements and Reserves Site Analysis Diamond Valley and Surrounds Subject Land Planning Controls Existing Zoning Overlays Request for Rezoning and Subdivision Application Subdivision Design Ecological Values Arboricultural Values Access Servicing Capability... 17

4 Combined Planning Scheme Amendment and Permit Application David Lock Associates 6.0 Planning Consideration and Assessment Ministerial Direction No.11 Strategic Assessment of Amendments Compliance with State Planning Policy Compliance with Local Planning Policy Compliance with Zoning Compliance with Existing Overlays Other Planning Considerations Conclusion

5 David Lock Associates Combined Planning Scheme Amendment and Permit Application 1.0 Executive Summary This report accompanies Planning Scheme Amendment C98 to the Banyule Planning Scheme. The submission has been prepared on behalf of Golf Views Estate Pty Ltd (the Proponent) and sets out the proposal to facilitate a joint planning scheme amendment and planning permit application under S.96A of the Planning and Environment Act. The purpose of the Amendment is to rezone land previously used by Eastern Energy for an electricity substation which has recently been made redundant. The rezoning proposed facilitates the subdivision of the land into nine (9) lots with a minimum lot size of 0.4 ha ranging to 0.63 ha, including: Amendment of the Banyule Planning Scheme to rezone the subject land from Public Use Zone 1 (PUZ1) to Low Density Residential Zone Schedule 1 (with a minimum lot size of 0.4ha). This report provides: A detailed description of the proposed development; A detailed site analysis of the area in which it is located; A design response to show how the proposal has been designed in response to local conditions; and An assessment of the proposal against the state and local policy requirements of the Banyule Planning Scheme. On the basis of the detailed assessment of the proposal, it is considered that it satisfies all of the relevant planning requirements for a rezoning and a planning permit should be issued for subdivision into nine (9) lots and native vegetation removal. The retention of the Significant Landscape Overlay 1 (SLO1) and Vegetation Protection Overlay 1 (VPO1) over the site. Amendment to the existing Special Building Overlay 2 (SBO2) to reflect proposed changes to the drainage condition on site. The granting of a planning permit to: Subdivide the land into nine (9) lots Remove native vegetation under Clauses 42.02, and of the Banyule Planning Scheme Construct buildings and works associated with the subdivision pursuant to Clause Remove redundant easements pursuant to Clause

6 Combined Planning Scheme Amendment and Permit Application David Lock Associates 1.1 Rezoning The land is presently within Schedule 1 Service and Utility to the Public Use Zone (PUZ1) and is covered by the Significant Landscape Overlay (SLO1) and Vegetation Protection Overlay (VPO1). A drainage line through the site is affected by the Special Building Overlay 2 (SBO2). The purpose of the PUZ1 is to recognise land for public utility and to provide for uses that are consistent with the intent of the public land. The rezoning is requested as it considered that: The Public Use Zone 1 (PUZ1) is considered to be inappropriate zoning for the subject site given the land was purchased privately from Eastern Energy as their substation has since been removed. As such, the PUZ is now redundant. The site can achieve a low-density residential subdivision whilst protecting existing vegetation and scattered trees. The site abuts Low Density Residential Zoned land to the north, east and south. The land is presently serviced by all urban services that are available to nearby residential areas. The site can be readily accessed via the existing road network. 1.2 Planning Permit The proposed plan of subdivision has been designed having regard to the following: Creating a subdivision layout that responds to the established subdivision pattern in the surrounding area; Responding to the low density nature and character of the surrounding area; Avoiding major impacts on existing vegetation particularly the remnant patch of vegetation located generally at the eastern portion of the site; and Siting the boundaries of lots and crossovers and utilising building envelopes to avoid impacts on existing vegetation and any easements existing within the site. 1.3 Native Vegetation The subject site has been assessed by Paul Kelly & Associates, to understand its ecological values. In summary, the results found the site supports one remnant patch of vegetation largely located within the area enclosed with cyclone fencing and 10 scattered trees. The EVC for the site is Grassy Dry Forest, which has a low native vegetation location risk status, being of lowest concern. There are no species within the site that trigger EPBC referral nor is there any listed species of Fauna due to the highly modified condition of the land. The subdivision proposed has been designed to avoid major impacts to existing vegetation, particularly the remnant patch of vegetation located generally in the eastern portion of the site. Some vegetation is being removed to facilitate the property development. However, careful attention has been paid to limit the impacts. A permit would be required for future landowners to remove vegetation in accordance with Clause and Clause of the Planning Scheme. 1.4 Arboricultural Assessment An arboricultural assessment of the site has been undertaken by Rob Gailbrath & Associates. The assessment found there are approximately 310 trees on site and within the road reserve adjacent to the site. Of these, the majority are self-sown and are of relatively low significance (1-5 worthiness retention rating). There are only 7 trees with a WOR of 7 or more. The subdivision design and location of crossovers and access in general have been designed to limit tree removal. 1.5 Removal/ Variation to Easements As part of this application, a permit is sought to vary existing drainage easements in accordance with Clause The variation to the existing easements is required to align with the location of the extended drainage pipe. 1.6 Planning Scheme Compliance It is considered the proposed rezoning development will have a high level of compliance with the requirements of the Banyule Planning Scheme and also meets the requirements of Council s policies, in particular Clause Natural Environment, Clause 2

7 David Lock Associates Combined Planning Scheme Amendment and Permit Application Natural Environment and Clause Residential Neighbourhood Character Policy. The proposed subdivision has been designed to both protect significant vegetation wherever possible on the site whilst also responding positively to the character of the area, adding some additional housing supply to Lower Plenty. 1.7 Documentation The report provides: A detailed description of the proposed development; A detailed site analysis of the site and the area in which it is located; A design response to show how the proposal has been designed in response to the local conditions, topography and vegetation; and An assessment of the proposal against the state and local policy requirements of the Banyule Planning Scheme. This planning report draws upon the work of several consultants. As part of the S.96A submission, the following reports are provided: Ecological (Flora & Fauna) Assessment Paul Kelly & Associates Ecological Services, February 2016 Tree Assessment- Galbraith & Associates, January 2016 Features Survey Reeds Consulting, 2015 Storm Water Management Strategy Report Reeds Consulting, 2016 Engineering Servicing Report Reeds Consulting, 2016 On the basis of the detailed assessment of the proposal it is considered that it satisfies all of the relevant planning requirements for a rezoning and a planning permit should be issued for a nine (9) lot subdivision and vegetation removal in accordance with Clauses , and

8 Combined Planning Scheme Amendment and Permit Application David Lock Associates 2.0 Site Description 2.1 Location The subject site is located on the north western corner of the intersection of Bonds Road and Rosehill Road, directly abutting the Heidelberg Golf Course to the west and the Plenty River further to the south west. It is approximately 1km from Lower Plenty Road, a main arterial connecting towards Rosanna in the west and Eltham to the north east. 2.2 Site Details The subject land is slightly irregular in shape and comprises five titles with frontages of m to Bonds Road, m to Rosehill Road and 268 m to the Heidelberg Golf Course. The subject site has a total area of approximately 4.48 ha with a differential fall of approximately 30m from the northeast corner down to the southwest. An existing gully traverses the site in a north-south direction approximately 30m from the west title boundary. Figure 1: Location Map 2.3 Title Particulars The property is contained with five (5) Certificates of Title: Volume 8354 Folio 395 Volume 8317 Folio 347 Volume 8248 Folio 912 Volume 8061 Folio 433 Volume 8125 Folio 139 See Appendix B for a copy of titles. 2.4 Easements and Reserves The site is affected by the following encumbrances: E-1 and E-3 for the purpose of transmission of electricity. E-2 for the purpose of a gas pipeline. 2 x drainage easements to be expunged and replaced with realigned drainage easements. Figure 2: Site Map 4

9 David Lock Associates Combined Planning Scheme Amendment and Permit Application 3.0 Site Analysis 3.1 Diamond Valley and Surrounds The subject site is located in the Diamond Valley, approximately 16 kilometres north-east of Melbourne s CBD. Diamond Valley is located within the Municipality of Banyule, directly to the north of the Yarra Valley Parklands which stretch along the Yarra River, a major waterway corridor within Metropolitan Melbourne. To the west of the site is the Heidelberg Golf Course of Diamond Valley. North east of the site is Lower Plenty, which includes a local convenience shopping strip, primary school and recreational facilities including the Plenty River Trail. Further north from Lower Plenty is Montmorency which includes a neighbourhood activity centre, primary school and the Montmorency Train Station approximately 2 kilometres from the subject site. The suburb of Eltham is located approximately 3.5 kilometres north east of the site. The site and its well established surrounding low density character are well serviced by public transport, with both local and smart bus services travelling along Lower Plenty Road and Fitzsimons Lane allowing for convenient travel to Greensborough, Rosanna and Heidelberg to the west, and Eltham and Doncaster to the east and south east. Figure 3 details the sites accessibility to services, schools and public transport services. 5

10 MONTMORENCY STATION ST. FRANCIS XAVIER PRIMARY SCHOOL MONTMORENCY NEIGHBOURHOOD ACTIVITY CENTRE MONTORENCY PRIMARY SCHOOL LOWER PLENTY NEIGHBOURHOOD ACTIVITY CENTRE MONTMORENCY SOUTH PRIMARY SCHOOL BOLTON STREET LOWER PLENTY PRIMARY SCHOOL LO WE RP HEIDELBERG GOLF CLUB ELT HAM TY RD ROA D NE ONS LA SUBJECT SITE BO ND SR OA D OLD LEN YAR RA LEGEND SUBJECT SITE TRAIN LINE WATERWAY OPEN SPACE ACTIVITY CENTRES SCHOOLS FITZSIM ROSEHILL ROAD RIV ER FIGURE 3: CONTEXT AND ACCESS MAP JOB : BONDS ROAD, LOWER PLENTY CODE : NPG009 DATE : MARCH 2016 SCALE : NTS LOCAL AND SMART BUS Level 2, 166 Albert Road South Melbourne Vic 3205 t f

11 David Lock Associates Combined Planning Scheme Amendment and Permit Application 3.2 Subject Land The subject land is 4.48 ha and is located on Bonds Road between Rosehill Road and Old Eltham Road. The site is located in an urban, semi-rural landscape and contains which has been cleared of most structures. Some parts of a hard stand area and a chain mesh fence remain on site. The land surrounding the fenced area appears to have been used for grazing as boundary post and wire fences along with water troughs are present. There are patches of trees and vegetation on the site, particularly along Bonds Road. The site forms a small valley running up the western boundary of the site. A drainage line occurs through the western side (the valley) of the site which drains into Cleveland Avenue Drain and ultimately discharges into the Plenty River. The site is accessed at the southern section of Bonds Road. See figures 4 to 9 for further images of the subject land. Figure 4 - View towards western boundary Figure 5- View towards northern boundary 7

12 Combined Planning Scheme Amendment and Permit Application David Lock Associates Figure 6 View north along drainage corridor Figure 7 View south along Bonds Road Figure 8 View looking east from north-west corner Figure 9 Subject Site looking west 8

13 David Lock Associates Combined Planning Scheme Amendment and Permit Application 4.0 Planning Controls 4.1 Existing Zoning The subject land is zoned Public Use Zone 1 Service and Utility (PUZ1) in the Banyule Planning Scheme (see Figure 10 below). There is also a slither of PUZ1 running west from the south west corner of the site. The land to the north, south, south east and west is in a Low Density Residential Zone (LDRZ) with a minimum subdivision area of 0.4 ha specified. Further north of the site is Neighbourhood Residential Zone 3 (NRZ3). Further south is Rural Conservation Zone (RCZ). The land directly to the west is within the Special Use Zone 1 Private Sportsground (SUZ1) which includes the Heidelberg Golf Course. In the PUZ1, the use must be for the purpose described in the table to Clause Service and Utility. Pursuant to Clause , a permit is required to subdivide land. As the previous land manager, Eastern Energy has removed the substation and the site is no longer needed for public utility purposes, the PUZ1 is no longer an appropriate zoning for the site. To undertake a subdivision within the PUZ1, consent of the landowner is required. Though the land is proposed to be rezoned, a letter of consent to subdivide the land has been obtained from Eastern Energy. See Appendix A. 9

14 Combined Planning Scheme Amendment and Permit Application David Lock Associates 4.2 Overlays The site is affected by three Overlays as demonstrated in Figures 11, 12 and 13 below. Significant Landscape Overlay 1 The subject site is covered by the Significant Landscape Overlay 1 Watercourse Environs (SLO1). The purpose of the overlay is to protect areas along watercourse and their immediate environs from visual intrusion cause by the inappropriate siting or appearance of buildings. Pursuant to Clause 3.2, a permit is required to remove, destroy or lop any vegetation. Before deciding on an application for buildings, works or subdivisions, the responsible authority must consider any approved concept plan and whether the local, bulk and appearance of buildings or works will be keeping with the character of the area and will enhance the vista when viewed from the watercourse, its banks, nearby streets, adjoining public open space, or from prominent scenic viewpoints within the watercourse environs. Special Building Overlay 2 The drainage corridor running north south along the western boundary of the site is covered by the Special Building Overlay 2 (SBO2). Clause triggers a permit for buildings and works and triggers a permit to subdivide land. Vegetation Protection Overlay 1 The subject land is covered by the Vegetation Protection Overlay 1 Plenty River East Area (VPO1). The area contains developed and developing urban areas which have significant natural, habitat and environmental qualities. A key objective of the overlay is to conserve the existing pattern of vegetation, landscape quality and ecosystems within the area, protecting the area as a habitat for local fauna and as an important habitat link. In accordance with Clause 3.0 of VPO1, a permit is required to remove destroy or lop native vegetation. Figure 11 : SLO1 Figure 12: SBO2 Figure 13: VPO1 10

15 David Lock Associates Combined Planning Scheme Amendment and Permit Application 5.0 Request for Rezoning and Subdivision Application It is proposed to rezone all of the land to the Low Density Residential Zone (LDRZ). The proposed rezoning of the land to LDRZ is intended to allow for the subdivision of the land into nine (9) lots between 0.4 and 0.7 hectares. The purpose of the zone is to provide for low-density residential development on lots. The LDRZ reflects the intended use of the land as a low density subdivision. In accordance with Clause of the LDRZ, a permit is required to subdivide land. Each lot must be in area specified for the land in a schedule to this zone. The Schedule to the LDRZ imposes a minimum 0.4 ha subdivision area on all land. The proposed subdivision proposes lots of 0.4 ha or greater, therefore compliant with the Schedule to the LDRZ. Furthermore, the rezoning the site to LDRZ forms a logical extension to the low density land on the sites north east and southern boundaries. It is also proposed to retain all the overlays affecting the site, with the proposed subdivision design meeting the purpose and objectives of each overlay. The subdivision design, its access and location of internal roads have been designed to avoid vegetation where possible. The Subdivision Plan includes building envelopes which detail the best location for the built form to avoid vegetation within each lot. The low density nature of the proposed subdivision, along with the retention of the balance of the vegetation, helps to ensure the views and vistas from the creek are not significantly impacted upon. Figure 14 displays the proposed Subdivision Plan for the subject site. The design process that has been employed in the production of the subdivision layout has resulted in a proposal that does justice to the site s qualities and realises the potential of the land to developed efficiently yet sustainably by retaining its environmental values, responding to its topographical features, minimising its impact on views and vistas from the creek whilst offering a very high standard of amenity. The following sections provide an explanation of the key issues pertaining to the site and how the design responds to them. 11

16 Q C 0 DJ:: U) Q z 0 m m 2 : ',. - -, ' ' ' ' ' ' ' ' : ' -- 0 TREE 0 DEAD TREE VEGETATION SITE AREA : ha AREA OF ROAD : ha No. OF LOTS : 9 AVERAGE AREA : 4589m 2 This plan has been prepared for review and comment only and should not be used for any other purpose without the written consent of Reeds Consulting PTY LTD. The plan is subject to survey, title and easement verification, engineering design and approval from council and all other relevant authorities. Findings from flora and fauna reports, cultural heritage assessments and other site investigations may result in changes to the design. All landscape and paving detail shown hereon is indicative only. No reliance should be placed on the information on this plan for detailed design or for any financial dealings involving the land. FIGURE 14: PROPOSED SUBDIVISION PLAN BONDS ROAD, LOWER PLENTY SCALE 1: 1000 REF VERSION D SHEET A3 DATE 08/02/16 G:\22760\0ffice Work\Plans\ln Progress\ PSP-D.dgn LEVEL6 440 ELIZABETH STREET MELBOURNE VIC 3000 ( 03) SURVEY@REEDSCONSULTING.COM.AU R 5

17 David Lock Associates Combined Planning Scheme Amendment and Permit Application 5.1 Subdivision Design The proposed rezoning of the land to LDRZ is intended to allow for the subdivision of the land into nine (9) lots between 0.4 and 0.7 hectares as outlined in the able below: Lot Area (m2) Number m m m m m m m m m2 Table 1: Proposed Lot numbers and Areas The subdivision layout and design was developed based on the following design objectives: Limit the loss of scattered trees; To minimise the number of new crossovers to Bonds Road to avoid impacts on remnant vegetation; To design the internal road to minimise crossovers and vegetation removal; To ensure building envelopes are place to avoid the removal of vegetation within lots; and To develop a subdivision layout that responds to the established pattern and character surrounding the site. The subdivision design responds to the above design objectives, and is described in more detail in the following sections. There are 10 scattered trees. The EVC for the site is Grassy Dry Forest, which has a low native vegetation location risk status, being of lowest concern under the assessment framework. The area outside the fence is heavily disturbed and degraded due to slashing and past activities. There are no threatened species on the site that would trigger the EPBC Act. There are no listed specifies of fauna due to the sites highly modified condition. It should also be noted that the vegetation located along the southern boundary of the site along Rosehill Road is found to be planted and not remnant vegetation. Figure 15 explains the sites biological features further. The subdivision proposed has been designed to avoid major impacts to existing vegetation, particularly the remnant patch of vegetation located generally at the eastern portion of the site. The location of boundaries to lots have also been design to avoid impacts on vegetation. This coupled with the siting of building envelopes and building exclusion zones around trees to avoid impact on the remnant patch of vegetation and scattered trees wherever possible. Furthermore the minimum lot size of 0.4 ha will ensure that vegetation that is being shown to be retained is protected under the Planning Scheme as a permit would be required for future landowners to remove vegetation in accordance with Clause of the Planning Scheme. See Appendix D for full report. 5.2 Ecological Values An Ecological Assessment (Flora and Fauna) Assessment has been completed by Paul Kelly & Associates. In summary, the results found that the site supports the following: One remnant patch of vegetation being largely the area within the cyclone fencing on site. 13

18 FIGURE Bonds Road Location & Biological Features Mesh Fence Drainage line D Wetland o Scattered Tree D Plantation - Remnant Native Vegetation - Site Boundary Vicmap Photography flown 22/03/2015, pixel size 10cm

19 David Lock Associates Combined Planning Scheme Amendment and Permit Application 5.3 Arboricultural Values An Arboricultural Assessment has been completed by Rob Gailbrath & Associates. In summary, the results were as follows: There are approximately 310 trees on site and within the road reserve. Based on an analysis of the Aboricultural Assessment and the proposed subdivision layout, the following table highlights the trees predicted to be lost within road crossovers, road reserves or building envelopes. The numbering and trees to be affected are also highlighted Figure 16. See Appendix E for full report. The majority of trees on site are self-sown individual trees of relatively low significance. Individually the trees have low significance and generally poor structure however their value is higher when considered in groups. The most numerous species is Leave Box, with also Yellow Box and Manna Gum present. The majority of trees on site have been graded as having worthiness of retention rating (WOR) of 1-5. There are only seven trees that have a WOR of 7 or more. Table 2: Trees predicted to be lost through subdivision Tree Number Species WOR Rating Impacted by: 15 Acacia melanoxylon (blackwood) 4 Remnant self-sown. Condition Fair/Poor Proposed building envelope in Lot 9 23 Acacia implexa (lightwood) 2 Remnant self-sown. Condition - Poor Road reserve construction 68 Eucalyptus camaldulensis (River Red Gum) 4 Planted. Condition Fair/Poor. One sided, leans heavily to SW Proposed driveway to Lot 6 69 Eucalyptus camaldulensis (River Red Gum) 4 Planted. Condition Fair/Poor Proposed driveway to Lot 6 71 Eucalyptus Ovata (Swamp Gum) 5 Planted. Condition Fair lopsided to north Proposed driveway to Lot 6 80 Eucalyptus botryoides (Southern Mahogany) 3 Condition Fair/ Poor Proposed building envelope in Lot 5 81 Eucalyptus camaldulensis (River Red Gum) 4 Condition Fair/ Poor healthy but has inferior structure Proposed building envelope in Lot Eucalyptus melliodora (Yellow Box) 7 Remnant self-sown. Condition Fair/ Good Proposed crossover to enter subdivision. 106 Eucalyptus globulus (Tasmanian Blue Gum) 3 One sided to west, heavy lean. Condition - Fair/Poor Proposed building envelope of Lot Eucalyptus globulus (Tasmanian Blue Gum) 2 Remnant self-sown. Condition Poor Proposed building envelope of Lot Eucalyptus globulus (Tasmanian Blue Gum) 2 Remnant self-sown. Condition Poor Proposed building envelope of Lot Acacia implexa (Light wood) 4 to 5 Remnant self-sown. Condition Fair Proposed building envelope of Lot Acacia Mearnsii (Late Black Wattle) 2 Remnant self-sown. Condition Fair/poor Proposed building envelope in Lot Acacia Implexa (lightwood) 2 Remnant self-sown. Condition Poor Proposed building envelope in Lot Eucalyptus globulus (Tasmanian Blue gum) 4 Remnant self-sown. Condition Fair /Poor Proposed building envelope in Lot Eucalyptus globulus (Tasmanian Blue gum) 4 Remnant self-sown. Condition Fair/Poor Proposed building envelope in Lot Eucalyptus globulus (Tasmanian Blue gum) 3 Remnant self-sown. Branch dropper. Condition Fair/poor 310 Acacia baileyana (Cootamundra Wattle) 2 Has a thicket of smaller stems (of same species around it). Condition Poor Proposed building envelope in Lot 3 Proposed crossover to enter subdivision. 15

20 m² m² SMIS SION ELEC TRICIT MENT OF Y 59 EASE MENT 56 5 PIPEL 58 INE EASE MENT A A 90OPOS AY ED R W P IVE DR D SE PO AY O PR IVEW DR L L I H AD O R E S RO m² m² ELEC GAS TRICIT SION SMIS Y EASE TRAN m² OF 5779m² TRAN BONDS ROAD ROAD m² DRAINA MENT GE EASE MOVED 22 TO BE RE m² & SEMENT E EA DRAINAG TO BE RE m² NE ZO 60 EP MOVED ROAD A94 MG VEGETATION TREE This plan has been prepared for review and comment only and should not be used for any other purpose without the written consent of Reeds Consulting PTY LTD. The plan is subject to survey, title and easement verification, engineering design and approval from council and all other relevant authorities. Findings from flora and fauna reports, cultural heritage assessments and other site investigations may result in changes to the design. All landscape and paving detail shown hereon is indicative only. No reliance should be placed on the information on this plan for detailed design or for any financial dealings involving the land. SITE AREA : ha AREA OF ROAD : ha No. OF LOTS : 9 AVERAGE AREA : 4589m² DEAD TREE TREE PROTECTION ZONES TREES LIKELY TO BE REMOVED FIGURE 16 TREE REMOVAL PLAN BONDS ROAD, LOWER PLENTY SCALE 1: 1000 REF SHEET A3 VERSION E DATE 21/03/16 G:\22760\Office Work\Plans\In Progress\ PSP-E.dwg 50 LEVEL ELIZABETH STREET MELBOURNE VIC 3000 (03) SURVEY@REEDSCONSULTING.COM.AU

21 David Lock Associates Combined Planning Scheme Amendment and Permit Application 5.4 Access The entrance road into the proposed subdivision is from Bonds Road. The accessway will have a width of 16m, the minimum requirement for Banyule City Council. This will include a fully sealed 5.5m wide carriageway including kerb and channel. Lots that aren t accessed via the proposed internal road, 5 and 6, will be accessed via independent driveways and crossovers from Rosehill Road. Lots 1, 2 and 9 will be access via the internal road through a proposed crossover and driveway, lots 4, 7 and 8 will be accessed via the proposed court bowl. The lot layout, access road and driveways have been designed and to have minimal impact on vegetation. 5.5 Servicing Capability The sites serviceability has been assessed by Reeds Consulting. The assessment confirmed the site can be adequately serviced with essential infrastructure to enable residential subdivision of the site in an orderly and economical manner with services to be extended and/ or augmented to the site by agreement with the relevant servicing authority. Local drainage associated with the subdivision will be designed to Council standards consisting of an underground drainage system catering for a 1 in 5 year storm frequency and allowance for the passage of overland flows generated from 1 in 100 year storm events within the road and/ or reserve network. A 1 in 100yr pipe will be required to link the trapped low-point in the court bowl to the existing overland flow gully. It is proposed that the existing upstream drainage pipe entering lot 9 will be extended to align with the existing drainage gully and discharge the north the existing electricity and gas transmission easements. This will mean that the existing drainage easements would be expunged and replaced with a new drainage easements to align with location of the extended drainage pipe. The existing drainage gully would also be shifted and/ or re-profiled to maximise clearance from the proposed building envelopes within Lots 7, 8 and 9. This will affect the location the existing SBO2 and requires further discussion with Council. The Stormwater Management Strategy Report at Appendix F provides further clarity on the proposed extent of changes to the SBO2. reticulation mains within Bonds Road along the full frontage of the subject site. The proposed development is likely to be serviced by constructing a 63mm PE looped main within the new court as part of the development works to service lots 1-4 & 7-9. It is anticipated that lots 5 & 6 will be serviced via the existing 150mm CICL main along the south side of Rosehill Road. Confirmation of existing water assets and capacities to service the subject site is pending Yarra Valley Water s Preliminary Servicing Advice. The water supply infrastructure internal to the site will be designed and constructed in accordance with Yarra Valley Water s requirements. With regards to sewerage reticulation, Yarra Valley Water is the Responsible Authority. The nearest gravity sewer point is currently located at the northeast corner of 1 Lakeside Drive. Yarra Valley Water GIS records show a planned sewer extension from the existing termination point, where the sewer is proposed to continue northeast along the west boundary of the subject site. It is expected that this sewer will form the basis of satisfactory capacity and gravity reticulation service to the developed subject site. Confirmation of existing and planned sewer assets and capacities to service the subject site is pending Yarra Valley Water s Preliminary Servicing Advice. The proposed development will be required to extend reticulation sewers within the property to provide sewerage facilities for all proposed lots. The sewerage infrastructure internal to the site will be designed and constructed in accordance with Yarra Valley Water s requirements. Preliminary discussions and investigations with Yarra Valley water support the implementation of reticulated sewerage. AusNet Electricity Services is the electrical company responsible for the supply of electricity to the subject land and surrounding area. AusNet Electricity Services has an existing overhead power line along the full frontage of the subject site in Bonds Road which is expected to form the basis of electrical supply to the subject site. Yarra Valley Water is the Responsible Authority for the provision of water supply facilities. There are existing 100mm and 150mm 17

22 Combined Planning Scheme Amendment and Permit Application David Lock Associates APA Group Networks is the responsible authority for the provision of gas supply to the subject land and the surrounding development area. APA Group currently has 50mm diameter mains in Bonds Road which are expected to have sufficient capacity to service the subject land. For further detail regarding servicing, refer to Appendices G and H. 18

23 David Lock Associates Combined Planning Scheme Amendment and Permit Application 6.0 Planning Consideration and Assessment Matters to be considered when determine this amendment request and application for a planning permit include: Provision Clause State Planning Policy Framework Settlement Clause 11 Metropolitan Melbourne Clause Environmental and Landscape Values Clause 12 Protection of biodiversity Clause Native vegetation management Clause Housing Clause Housing Form Clause Rural residential development Transport Clause 18 Sustainable personal transport Management of the road system Infrastructure Clause 19 Water supply, sewerage and drainage Clause Local Planning Policy Framework Municipal Strategic Statement Clause 21 Vision and Strategic Framework Natural Environment Built Environment Transport and Infrastructure Residential Neighbourhood Character Policy Clause Zones Low Density Residential Zone Clause Overlays Vegetation Protection Overlay Clause Significant Landscape Overlay Clause Significant Building Overlay Clause

24 Combined Planning Scheme Amendment and Permit Application David Lock Associates 6.1 Ministerial Direction No.11 Strategic Assessment of Amendments Ministerial Direction No.11 applies to all planning scheme amendments and seeks to ensure a comprehensive strategic evaluation of a planning scheme amendment and the outcomes it produces. Clause 3.1 sets out the matters that must be addressed in any amendment. These are: Why an amendment is required; How the amendment implements the objectives of planning in Victoria; How the amendment addresses any environmental effects; How the amendment addresses any relevant social and economic benefits; Whether the amendment complies with the requirements of any other Minister s Directions; Whether the supports or implements the Local Planning Policy Framework and specifically the Municipal Strategic Statement; Whether the amendment makes proper use of the Victorian Planning Provisions; and How the amendment addresses the views of any relevant agency. And under Criteria 3.2: What impact will the new planning provisions have on the resource and administrative costs of the responsible authority. These matters have been addressed in the Amendment s Explanatory Report. 6.2 Compliance with State Planning Policy There are a number of State planning policies which are applicable to both the rezoning of the land, the application of Overlays and the consideration of the application for a town planning permit. The State Planning Policy Framework (SPPF) outlines the strategic vision for planning in Victoria, and is consistent across all municipalities in the state. Each municipality has its own local strategies and tools to implement the SPPF as it pertains to their area of governance. Clause 11 Settlement Key strategies ensure planning anticipates and responds 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. Clause Supply of urban land Key objective is to ensure sufficient supply of land is available for residential and other uses to accommodate projected population growth over at least a 15 year period. Clause Housing choice and affordability Key strategies promote the provision of a diversity of housing in defined locations that cater for different households and are close to jobs and services. Response: The proposed rezoning and subdivision will add additional housing supply on land currently underutilised. The low density nature of the proposed subdivision responds to the surrounding subdivision character. It provides additional housing close to jobs and services. Clause : Protection of biodiversity Strategies seek to assist in the protection and conservation of Victoria s Biodiversity. Clause Native vegetation management Strategies seek to ensure that permitted clearing of native vegetation results in not net loss in the contribution made by native vegetation to Victoria s biodiversity. 20

25 David Lock Associates Combined Planning Scheme Amendment and Permit Application Response: As confirmed by the ecological assessment, there is only one remnant patch of vegetation on the site which is to be avoided wherever possible. Furthermore, the subdivision proposed has been designed to avoid major impacts to existing vegetation. The location of boundaries to lots have also been designed to avoid impacts on vegetation. This coupled with the siting of building envelopes and exclusion zones around trees to avoid impact on the remnant patch of vegetation and scattered trees wherever possible. Clause seeks to manage the road system to achieve integration, choice and balance by developing an efficient and safe network and making the most of existing infrastructure. Response: The proposal presents sustainable transport options and has been carefully designed so that residents can enjoy a practical, safe and attractive public realm within the site. Clause 16: Housing The key objective of Clause is to promote a housing market that meets community needs. Key Strategies include increasing the supply of housing in existing urban areas by facilitating increased housing yield in appropriate locations, including under-utilised land; and to ensure housing developments are integrated with infrastructure and services. The key objective of Clause is to identify land suitable for rural living and rural-residential development. Key strategies include ensuring land is only zoned for rural living or rural residential development where it: Is located close to existing towns and urban centres, but not in areas that will be required for fully serviced urban development. Can be supplied with electricity and water and good quality road access. Response: The proposed rezoning allows for additional rural living located close to existing centres that can be supplied with electricity, water and good quality road access on land that is no longer required for public use. Clause 18: Transport Clause promotes the use of sustainable personal transport. Key strategies seek to develop high quality pedestrian environments, and to ensure options such as walking, cycling and public transport. 21

26 Combined Planning Scheme Amendment and Permit Application David Lock Associates 6.3 Compliance with Local Planning Policy MSS The Municipal Strategic Statement (MSS) outlines the key strategic vision for Banyule City Council, providing the key strategic planning, land use and development objectives for the municipality, and the strategies and actions for achieving Council s objectives and strategies of the MSS. A range of MSS objectives are applicable with varying degrees to the proposal. Clause 21.02: Vision and Strategic Framework Clause outlines the Vision for Banyule which is: Banyule will be regarded as a city offering a range of quality lifestyles in an urban setting enhanced by the natural environment, and served by an efficient and committed Council. Key objectives include managing the natural and built environment to ensure its diversity and well-being for present and future generations. The adopted vision for the MSS: To develop a city that combines the best features of the natural and urban environments with safety, convenience and the ability to manage social and economic change. Of particular note is the emphasis on diversity, maintain, support and enhance the diversity of population, land use and development and natural environment which give Banyule its distinctive character. Response: The proposed rezoning and subdivision responds to vision and key objectives for Banyule. The design will retain and enhance the natural features of the land, whilst responding to the distinctive character of the area. Clause Natural Environment Clause seeks to protect, conserve and enhance areas of floral, faunal and habitat significance through protecting remnant vegetation and protecting and enhancing the amenity of Banyule s diverse landscape values. Response: The proposed subdivision design was developed consideration of the sites native vegetation constraints. The subdivision will not limit the removal of any remnant vegetation on the site. The low density nature of the development will protect Banyule s landscape values. Clause 21.06: Built Environment Clause seeks to ensure that development respects and contributes to the desired future character of residential neighbourhoods through encouraging the retention and planting of significant trees, substantial trees and other vegetation to protect and improve the landscape character, streetscapes, habitat links and biodiversity of the area. Objective 4 Housing Change, seeks to increase the diversity of housing types and promote new housing that meets the needs of the broader community in a manner that respects and contributes to the desired future character of residential neighbourhoods. To achieve this, strategies include the protection of Low Density Residential Zoned land. Response: The subject site has existing low density residentially zoned land to the north, south and east. The proposed rezoning, in a sense, will provide a logical extension to the existing low density residential zoning, with the character of the area replicated within the site Transport and Infrastructure Clause seeks to promote a safe, efficient and effective integrated transport network. A key objective of relevance is to reduce the detrimental effects of transport on the natural environment of Banyule by increasing the use of public transport and reduced dependency on private vehicles. Response: The site is well serviced by existing public transport. Both local and smart buses run along Lower Plenty Road and Fitzsimmons Lane which is 1km from the subject site. Montmorency Train Station is approximately 2km from the subject site. 22

27 David Lock Associates Combined Planning Scheme Amendment and Permit Application Clause Residential Neighbourhood Character Policy Key policy objectives include ensuring development complements and respects the preferred future character of the area. The subject site is located within the Bush Woodland Area. Clause describes the key characteristics of the Bush Woodland Area as rural, undeveloped character with significant indigenous vegetation, a farmland landscape character; meandering or straight country roads without made kerbs, and various dwelling types. The most dominant characteristics of the area type are the dominant landscape setting of rolling hills and the Yarra River flood plain, together with remnant indigenous vegetation. The policy provides a Statement of Preferred Future Neighbourhood Character, of which the character of the precinct is to be retained and enhanced by: Positioning new dwellings within the landscape and well back from the road (over 20 metres). Retaining indigenous and native canopy trees on public and private land. Removing environmental weeds where appropriate. Encouraging new development to replant indigenous trees and plants wherever possible, and to incorporate natives in the new planting schemes. Designing site layouts with spacing around dwellings that allows for planting and the future growth of trees to maturity. Minimising the excavation and designing buildings and driveways to follow the topography. Constructing only post and rail or wire fencing coupled with well vegetated front gardens. Constructing driveways with a porous surface such as gravel or toppings. Designing developments with only one single width crossover and a driveway that is softened with curves and vegetation. Protecting and enhancing the scenic and environmental qualities of treed ridgelines. Protecting and enhancing informal planting of street trees, as well as the views of trees on private property form the street. Obscuring household services form street view. Clause details the application requirements within this character area which includes: An arborist report when tree removal is proposed. The report should be prepared as described in AS Protection of trees on development sites. Response: The proposed subdivision responds to the Preferred Neighbourhood Character as follows: New dwellings are positioned within the landscape well back from the road and will sit in below the high point, being the golf course land and the notional end of Bonds Road. Indigenous and native canopy trees are retained where possible. The design of building envelopes allows for both tree retention and the future planting to further blend the low density subdivision with the surrounding landscape. Driveways are designed to follow the topography and minimise excavation. It is expected that land management plans will be used to ensure ongoing maintenance of retained vegetation and ensure appropriate land management practices are followed. Retaining existing informal street treatments including, footpaths and nature strips. Planting trees and shrubs in the front setback to improve the bush setting and discourage car parking in front of dwellings. 23

28 Combined Planning Scheme Amendment and Permit Application David Lock Associates 6.4 Compliance with Zoning Appropriateness of Public Use Zone It is considered inappropriate that land continues to exist within the public use zone when it is now privately owned and the previous public use conducted on the site no longer exists. Public Use Zone Clause The purpose of the Public 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 recognise public land use for public utility and community services and facilities. To provide for associated uses that are consistent with the intent of the public land reservation or purpose. In having regard to the purposes of the zone, it is considered that the land does not meet these requirements as it is no longer used as a public utility and is now privately owned. Directly to the northern, eastern and southern boundaries is existing low density residential land within the Lower Plenty and Diamond Valley. Rezoning the site to LDRZ forms a logical extension of the LDRZ adjacent, extending the residential development to the edge of the Heidelberg Golf Course. The land allows for 9 low density residential lots that will contribute additional housing within a well-serviced area of the municipality whilst also protecting any environmental and landscape values within the site and which will fit comfortably in the existing context. 6.5 Compliance with Existing Overlays Significant Landscape Overlay 1 The subject site is covered by the Significant Landscape Overlay 1 Watercourse Environs (SLO1). The purpose of the overlay is to protect areas along watercourse and their immediate environs from visual intrusion cause by the inappropriate siting or appearance of buildings. Pursuant to Clause 3.2, a permit is required to remove, destroy or lop any vegetation. It is proposed to retain the SLO1 on the site, as its purpose is just as applicable to the proposed low density residential subdivision Special Building Overlay 2 The drainage corridor running north south along the western boundary of the site is covered by the Special Building Overlay 2 (SBO2). Clause triggers a permit to subdivide land. The SBO2 is to be retained on site, as its purpose of identifying land in urban areas liable to inundation by overland flows from the urban drainage system is even more important once the land is rezoned to LDRZ. However, its location is to be slightly modified to allow for the proposed building envelopes and to maintain the existing easements within the site. Please note, at this stage, the SBO map has not been modified as we would like to work through any modifications with Council prior to requesting any map changes Vegetation Protection Overlay 1 The subject land is covered by the Vegetation Protection Overlay 1 Plenty River East Area (VPO1). The area contains developed and developing urban areas which have significant natural, habitat and environmental qualities. A key objective of the overlay is to conserve the existing pattern of vegetation, landscape quality and ecosystems within the area, protecting the area as a habitat for local fauna and as an important habitat link. In accordance with Clause 3.0 of VPO1, a permit is required to remove destroy or lop native vegetation. It is proposed to retain the VPO1 on the site, which will ensure the natural, habitat and environmental qualities are retained once the land is rezoned. 6.6 Other Planning Considerations Native Vegetation, Clause To ensure permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria s biodiversity. This is achieved through the following approach: Avoid the removal of native vegetation that makes a significant contribution to Victoria s biodiversity. Minimise impacts on Victoria s biodiversity from the removal of native vegetation. 24