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 03 NOVEMBER 2016 Meeting opened at 5:03pm. 1. COMMITTEE MEMBERS PRESENT: MELISSA GARRETT, MARSHALL SULLIVAN, PETER SMITH AND JOHN BRYCE 2. OTHER OFFICERS PRESENT: STEVE ROUSSAC, TRENT BLACKMORE, VERITY BRIGHT AND LINDSAY JACGUNG 3. APOLOGIES: NIL 4. CONFIRMATION OF MINUTES: MOVED: JOHN BRYCE SECONDED: PETER SMITH That the minutes of the meeting of 20 OCTOBER 2016 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: Overlays: Listed Buildings: Existing Use: Proposed Use: PP mi projects 201 Melbourne Road, RIPPLESIDE 201 Melbourne Road Pty Ltd Commercial 1 Zone Nil Nil Place of Assembly (Vacant) Buildings and Works for Construction of a Retail and Office Building, and Reduction of Car Parking Requirement Indicates Objectors Subject Site 201 Melbourne Road, RIPPLESIDE

3 Development Hearings Panel Page 3 Summary The subject site is known as 201 Melbourne Road Rippleside and comprises 408 square metres of land on the east side of Melbourne Road, approximately 26 metres south of the intersection with Bay Street. The rectilinear site has a frontage of metres and a depth of 30.5 metres. The site is not burdened by, nor does it benefit from any easements. The site is within the Commercial 1 Zone (C1Z) and forms part of the North Geelong commercial strip. Adjoining land to the west is within a Road Zone - Category 1 (RDZ1), and land to the east is within the Residential Growth Zone Schedule 2 (RGZ2). No overlays apply to the land. The application proposes the construction of a three (3) storey mixed use building comprising 211 sq/m of retail floor space at the ground level, with the balance of the floor space set aside for office use with 650 sq/m across the second and third floor levels. The application also proposes a reduction to the prescribed car parking requirement of 31 spaces. Four (4) car parking spaces are proposed to be provided on site. The application was referred internally to Council s Traffic and Engineering Services units for review and comment. The application was advertised by way of two (2) signs on site and letters to all adjoining land owners and occupiers. A total of nine (9) objections have been received by Council. The concerns raised in the objections primarily relate to the impact of the reduction of the car parking requirement on the availability of on-street car parking and amenity of nearby residential streets. Concern was also raised regarding overlooking of land to the east, and the visual impact of the building in the street. The application has been considered against the purpose and decision guidelines of the Commercial 1 Zone with consideration also to the interface of the site with the adjoining Residential Growth Zone Schedule 2, and the relevant State and Local Planning Policies. The proposal is considered to represent an acceptable redevelopment of a site that is in close proximity to compatible land uses and the existing alternative transport network. It is considered that the development will result in an intensification and re-activation of as-of-right commercial land uses within an existing commercial area. The proposal has been found to produce an acceptable overlooking and overshadowing outcome for non-residential development at the interface with land within a residential zone. The proposed reduction in the car parking requirement is considered likely to result in a modest increase in demand for on-street car parking in the area. It is considered however, that this demand can be accommodated by the existing on-street car parking network without resulting in an adverse impact on residential amenity beyond that which already exists. It is recommended that the application be supported subject to the assessment and conditions outlined in this report, and a Notice of Decision to Grant a Planning Permit be issued.

4 Development Hearings Panel Page 4 MOVED: MARSHALL SULLIVAN 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 for Construction of a Retail and Office Building, and Reduction of Car Parking Requirement at 201 Melbourne Road, RIPPLESIDE in accordance with the plans submitted with the application and subject to the following conditions: Amended Plans 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 with the application but modified to show: a) All car parking spaces revised and dimensioned to meet the requirements of Clause Design standards for car parking. b) Any proposed disabled car parking spaces to meet the requirements of Australian Standard AS (disabled). c) A section diagram demonstrating that the aluminium louvers on the east elevation will be permanently fixed, and will prevent overlooking to the dwellings at 2 Bay Street and 1 St David Street Rippleside. d) Ten (10) secure and conveniently accessible bicycle spaces, designed and located to demonstrate accordance with Clause Design of bicycle spaces of the Scheme. e) Two (2) Showers, and two (2) change rooms or direct access to a communal change room to each shower. The change rooms may be combined shower and change rooms. f) Revised north and south elevation plans to show an architectural design treatment that adds aesthetic interest to the parts of the concrete wall panels proposed. g) A schedule of external materials, finishes and colours in accordance with condition 3 of this permit. Endorsed Plans 2. The development as shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority. Material Schedule 3. Prior to the commencement of the development, a schedule of construction materials, external finishes and colours (incorporating samples) must be submitted to and approved by the Responsible Authority. When approved, the schedule will be endorsed and will then form part of the permit. Stormwater Quality/Management 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.

5 Development Hearings Panel Page 5 b) Runoff is to be treated to achieve current best practice pollutant removal targets by connection to an appropriate Water Treatment Facility, with capacity to treat at least a 3 month ARI storm event, unless approved otherwise by the Responsible Authority. The Water Treatment Facility must be maintained to the satisfaction of the Responsible Authority. to the Satisfaction of the Responsible Authority Prior to the Occupation of the Building 5. Prior to the occupation of the building, the developer must: a) Construct the site stormwater system including separate connection for the building into the Grated Entry Pit in the rear laneway in accordance with the approved plans, 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) Construct vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong. c) Remove any redundant vehicular crossings, and reinstate with kerb and channel and the footpath/nature strip to match existing construction in the street. d) 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. e) Clean and finish all external walls on or facing property boundaries. f) Complete all buildings and works in accordance with the endorsed plans. g) Unless otherwise approved in writing, construct the laneway with an all-weather sealed surface for the full length of the rear of the property, extending 4m on each side in accordance with the approved plans. all to the satisfaction of the Responsible Authority. Drainage Plans 6. 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 must cater for the installation of a new 300mm diameter pipe connecting to the drainage pit at the south end of the laneway and the upgrade of the lane surface to a sealed surface (asphalt or concrete) including appropriate pavement. 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. General 7. Unless otherwise approved in writing by the Responsible Authority, not more than 26 employees associated with the office must be present on the site at any given time. Expiry 8. 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.

6 Development Hearings Panel Page 6 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: 1. The design and construction of the roadworks and stormwater drainage and any other new council infrastructure must be approved and supervised by council. 2. 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. 3. 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. 4. The Building Regulations 2006 require that a report and consent must be obtained under Regulation 507. CARRIED

7 Development Hearings Panel Page 7 The Site & Locality Report The subject site is known as 201 Melbourne Road Rippleside, and comprises 408 square metres of land on the east side of Melbourne Road, approximately 26 metres south of the intersection with Bay Street. The rectilinear site has a frontage of metres and a depth of 30.5 metres. The east lot boundary abuts an unnamed rear laneway connecting St David Street to the south and Bay Street to the north. The site is not burdened by, nor does it benefit from any easements. Figure 1: Aerial view of the Subject Site (Source: PLACES Weave GIS) The site is within the Commercial 1 Zone (C1Z) and forms part of the North Geelong commercial strip. Adjoining land to the West is within a Road Zone - Category 1 (RDZ1), and land to the east is within the Residential Growth Zone Schedule 2 (RGZ2). No overlays apply to the land.

8 Development Hearings Panel Page 8 Figure 2: Zone boundaries and extent of Commercial 1 Zone (C1Z) (Source: PLACES Weave GIS) The site is currently developed for use as a place of assembly. Council records show an Occupancy Permit issued on 5 April 2012 for the North Geelong Senior Citizens to accommodate up to 100 people. Until its purchase by the current owner in June 2016, the site was owned by the City of Greater Geelong. A single-width vehicle crossing to Melbourne Road provides access to one (1) on-site car parking space inside the west lot boundary. Figure 3: Street level view showing the existing building frontage to Melbourne Road, 19 September (Source: Author) Adjoining land to the north is used and developed as single storey parapet fronted office and showroom occupied by Premium Stone Benchtops. Land to the south is a vacant single storey open gabled retail building. Development along the length of the commercial strip represents a mix of commercial building styles and periods from post war shops to modern tilt-slab office and retail buildings. Nearby land to the east (opposite the rear laneway) is used for dwelling and developed with a single storey timber weatherboard residence with a tiled gabled roof, rear detached garage, and secluded private open space. Nearby land to the west (opposite Melbourne Road) is used and developed for the North Geelong Train Station.

9 Development Hearings Panel Page 9 Proposal The application proposes the construction of a three (3) storey mixed use retail and office building comprising a total of 211 sq/m of retail floor space at the ground floor level, and 650 square metres of office floor space set across the second and third floor levels. The proposed ground floor layout comprises 211 square metres of retail space, with recessed entry door. A separate recessed office entry door and hallway is proposed, leading to a lift, WC, Computer room, and rear access foyer leading to four (4) undercover car parking spaces. The proposed first floor layout comprises square metres of office space, including reception and waiting area; seventeen (17) office cubicles; meeting room; west facing deck; kitchen; toilets; and change room. The proposed upper floor layout comprises square metres of office space including three (3) communal workstations; seventeen (17) office cubicles; board room; toilets; kitchen; and north east facing outdoor deck. The building is to be clad using a contemporary mix of concrete; fibre cement sheeting, render and window louvers. The building facade is to include double height glazing and glazed entrances. The application also proposes a reduction to the prescribed car parking requirement of 31 spaces, with the provision of four (4) car parking spaces proposed on site. Greater Geelong Planning Scheme Definition and Nesting The use at ground floor is defined as Retail premises and is nested under the heading of Retail Premises Group. The use at ground, first and upper floor level is defined as Office and is nested under the heading of Office Group. A Retail premises is defined pursuant to the Land Use Terms at Clause 74 of the Greater Geelong Planning Scheme as: Land used to: a) sell goods by retail, or by retail and wholesale; b) sell services; or c) hire goods. An Office is defined as: Zone 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. The subject site and adjoining land to the north and south is located within a Commercial 1 Zone (C1Z). The purpose of the zone is provided below:

10 Development Hearings Panel Page Commercial 1 Zone To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses. To provide for residential uses at densities complementary to the role and scale of the commercial centre. Adjoining land to the east is located within a Residential Growth Zone Schedule 2 (RGZ2). Adjoining land to the west is located within a Road Zone Category 1 (RDZ1). Overlay The subject site and all adjoining land is not located within any overlays. Permit required clause and condition A planning permit is triggered for the application pursuant to the following clauses of the Greater Geelong Planning Scheme: Clause of the Commercial 1 Zone, a permit is required to construct a building or construct or carry out works. Clause of the Car Parking Particular Provisions, a permit is required to Reduce (including reduce to zero) the number of car parking spaces required under Clause 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. 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. In accordance with the above assessment, a Cultural Heritage Management Plan is not required and a Cultural Heritage Management Plan has not been approved. 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.

11 Development Hearings Panel Page 11 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. 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 table at clause of the Scheme sets a car parking space requirement for an Office use at 3.5 to each 100 sq m of net floor area. Net floor area is defined at Clause 72 of the Scheme to be: 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. Retail is an innominate use at Clause , triggering the requirement at Clause A that car parking spaces must be provided to the satisfaction of the responsible authority. The application nominates a car parking requirement for the Retail use to be equivalent to that of a Shop other than listed in the table at Clause , being 4 to each 100 sq m of leasable floor area.

12 Development Hearings Panel Page 12 This rate reflects the likely use for the proposed retail floor space, and has been adopted for the purposes of the recommendations within this report. Leasable floor area is defined at Clause 72 of the Scheme to be: That part of the net floor area able to be leased. It does not include public or common tenancy areas, such as malls, verandahs, or public conveniences. Using the rates nominated here, the car parking space requirement is set as follows: Use Net Area Leasable Area Rate Office 680 sq m - 23 Retail (Shop) sq m 8 Total 31 The application proposes the provision of four (4) undercover car parking spaces, seeking a reduction to the car parking requirement of twenty-seven (27) spaces. State Planning Policy Framework 15 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. 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.

13 Development Hearings Panel Page 13 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 Urban Design Principles Objective To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. Strategies Apply the following design principles to development proposals for non-residential development or residential development not covered by Clause 54, Clause 55 or Clause 56: Context - Development must take into account the natural, cultural and strategic context of its location. - Planning authorities should emphasise urban design policies and frameworks for key locations or precincts. - A comprehensive site analysis should be the starting point of the design process and form the basis for consideration of height, scale and massing of new development. The public realm - The public realm, which includes main pedestrian spaces, streets, squares, parks and walkways, should be protected and enhanced. Safety - New development should create urban environments that enhance personal safety and property security and where people feel safe to live, work and move in at any time. Landmarks, views and vistas - Landmarks, views and vistas should be protected and enhanced or, where appropriate, created by new additions to the built environment. Pedestrian spaces

14 Development Hearings Panel Page 14 - Design of interfaces between buildings and public spaces, including the arrangement of adjoining activities, entrances, windows, and architectural detailing, should enhance the visual and social experience of the user. Heritage - New development should respect, but not simply copy, historic precedents and create a worthy legacy for future generations. Consolidation of sites and empty sites - New development should contribute to the complexity and diversity of the built - environment. - Site consolidation should not result in street frontages that are out of keeping with the complexity and rhythm of existing streetscapes. - The development process should be managed so that sites are not in an unattractive, neglected state for excessive periods and the impacts from vacant sites are minimised. Light and shade - Enjoyment of the public realm should be enhanced by a desirable balance of sunlight and shade. - This balance should not be compromised by undesirable overshadowing or exposure to the sun. Energy and resource efficiency - All building, subdivision and engineering works should include efficient use of resources and energy efficiency. Architectural quality - New development should achieve high standards in architecture and urban design. - Any rooftop plant, lift over-runs, service entries, communication devices, and other technical attachment should be treated as part of the overall design. Landscape architecture - Recognition should be given to the setting in which buildings are designed and the integrating role of landscape architecture. 17 Economic Development Planning is to provide for a strong and innovative economy, where all sectors of the economy are critical to economic prosperity. Planning is to contribute to the economic well-being of communities and the State as a whole by supporting and fostering economic growth and development by providing land, facilitating decisions, and resolving land use conflicts, so that each district may build on its strengths and achieve its economic potential Business Objective

15 Development Hearings Panel Page 15 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 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. Such facilities should not require a permit for use within activity centres and are not encouraged on freestanding sites. 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 Cycling Objective To integrate planning for cycling with land use and development planning and encourage as alternative modes of travel. Strategies Direct and connected bicycle infrastructure should be provided to and between key destinations including activity centres, public transport nodes and major attractions. Cycling infrastructure (on-road bicycle lands off-road bicycle paths) should be planned to: - Separate cyclists from other road users, particularly motor vehicles. - Provide the most direct route practical. Require the provision of adequate bicycle parking and related facilities to meet demand at education, recreation, shopping and community facilities and other major attractions when issuing planning approvals. Provide improved facilities, particularly storage, for cyclists at public transport interchanges, rail stations and major attractions. Ensure provision of bicycle end of trip facilities in commercial buildings. Develop local cycling networks and new cycling facilities that link to and complement the metropolitan-wide network of bicycle routes the Principal Bicycle Network Car parking Objective To ensure an adequate supply of car parking that is appropriately designed and located.

16 Development Hearings Panel Page 16 Strategies Allocate or require land to be set aside for car parking subject to the existing and potential modes of access including public transport, the demand for off-street car parking, road capacity and the potential for demand management of car parking. Encourage the efficient provision of car parking through the consolidation of car parking facilities. Prepare plans for the design and location of local car parking to: - Protect the role and function of nearby roads, enable easy and efficient use and the movement and delivery of goods. - Achieve a high standard of urban design and protect the amenity of the locality, including the amenity of pedestrians and other road users. - Create a safe environment, particularly at night. - Facilitate the use of public transport. Protect the amenity of residential precincts from the effects of road congestion created by on-street parking. Plan adequate provision for taxi ranks as part of activity centres, transport interchanges and major commercial, retail and community facilities. Local Planning Policy Framework (including MSS) The following outlines a summary of relevant parts of the LPPF and MSS: Municipal Strategic Statement Retail Relevant Objectives To facilitate the development of vibrant and viable retail activity centres in accordance with the Geelong Retail Activity Centre Hierarchy included at Clause Relevant Strategies Ensure that new retail development is directed to activity centres and is consistent with the role and function described in the Retail Activity Centre Hierarchy included at Clause Ensure Central Geelong remains the primary retail activity centre in the G21 Region and the focus of retail activity in the G21 region. Encourage a mix of retail, office, cafes, entertainment, housing, education and community facilities to locate within activity centres. Local Planning Policy Framework There are no Local Planning Policies relevant to this application. Referrals Determining Authority

17 Development Hearings Panel Page 17 Not required. Recommending Authority Not required. Internal Department: Response: Engineering (Infrastructure Management) Comment: The application should be referred to Barwon Water to comment on the Sewer Vent Pipe, who will assess if this needs to be raised. Drainage: The site falls to the south and the LPOD is the GEP drain at the end of the laneway. The underground drain in the laneway will need to be extended to cater for the new development. Vehicle Access & Car Parking: The parking and access has been discussed with traffic who will provide advice on the width of the parking bays. The standard car parking bays need to be widened to permit the required turning movement and it appears that there is adequate space on site. The laneway will need to be upgraded to a sealed surface (Asphalt or Concrete) for the full width of the property, extended 4m north and south, catering for the full turning movement for the cars entering the new carpark. Flooding & Coastal Inundation: N/A Permit Conditions: The following conditions must be placed on the planning permit: Drainage & Vehicular Access: a) Prior to the occupation of the building, the developer must construct: a. the site stormwater system including separate connection for the building into the Grated Entry Pit in the rear laneway in accordance with the approved plans, 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. 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; d. Unless otherwise approved, construct the laneway with an all-weather sealed surface for the full length of the rear of the property, extending 4m on each side in accordance with the approved plans.

18 Development Hearings Panel Page 18 all to the satisfaction of the Responsible Authority. 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 building [sic], 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. Stormwater Quality / Management c) 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; b. Runoff is to be treated to achieve current best practice pollutant removal targets by connection to an appropriate Water Treatment Facility, with capacity to treat at least a 3 month ARI storm event, unless approved otherwise by the Responsible Authority. The Water Treatment Facility must be maintained to the satisfaction of the Responsible Authority. to the Satisfaction of the Responsible Authority Drainage Plans d) 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 installation of a new 300mm dia. pipe connecting to the drainage pit at the south end of the laneway and the upgrade of the lane surface to a sealed surface (asphalt or concrete) including appropriate pavement. 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. a. The design and construction of the roadworks and stormwater drainage and any other new council infrastructure must be approved and supervised by council.

19 Development Hearings Panel Page 19 Officer Comment: 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. 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. The application was not referred to Barwon Water on the basis that the identified asset is within the road reserve of the unnamed lane and not subject to any proposed alteration as a result of the proposal. It is accepted that a vehicle using the southernmost car space will need to navigate around the sewer pit, however the requirement to seal the laneway will result in further consideration of this matter in accordance with relevant engineering design standards. The remaining suggested conditions should be included on the permit should one be issued. Department: Engineering (Asset & Traffic Management) Response: First Response received 2 September 2016: Existing Conditions Zoning: C1Z, C300, Overlays: NA Land area: 409 m 2 Abuts: RDZ1, RGZ2, C104, C129Pt1, North Geelong Station IHD Proposed Development The proposal is to demolish existing single storey building and the construction of a Three (3) storey commercial building. There is no information in relation to the number of tenancies, or staff numbers likely to be engaged by the tenants. Development areas list Level Area m 2 Occupancy Ground Floor 300 Retail First Floor 390 Office Second Floor 260 Office The proposal is to provide four (4) car spaces, including a disabled parking space. Parking assessment for the proposal in accordance with section , Table 1 is; office use; 3.5 car spaces per 100 m 2 of net floor area, and shop use 4 car spaces per 100 m 2 of net floor area. Use area in m 2 Parking spaces required Office use NFA = 680 m 2 3.5x(680/100)=23.8, say 23 Shop retail area 300 m 2 4x(300/100)=12 Total 35 car parking spaces required

20 Development Hearings Panel Page 20 The proposed development has a shortfall of 31 parking spaces. A waiver has been requested for the additional parking spaces required. 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 parking demand assessment has been provided in support of the parking provision waiver request. The report details existing parking provision in the area and lists Public Transport serving the area. However, the area is well known to the Traffic Unit for parking congestion and the report provided does not include a verifiable parking occupancy survey to a radius of 200m from subject site in support of the parking dispensation requested. Further to the above; the report is considering parking in residential streets close to the subject site been available for satisfying the parking needs of the proposed development. Parking is in high demand at this location. The reliance of the proposal on the already stressed available parking reserves of the location is not considerate of the needs of the commercial community existing and operating at this location or the impact on the residential amenity of the area.. Commercial development is encouraged and supported, however commercial facilities operational needs must not have a negative impact on the residential amenity of the area. Car Parking Design The design of the parking area must be revised. Disabled parking space must meet relevant Australian standards. Line of sight of vehicles reversing into the lane must not be obstructed by solid fences and walls. Carpark area lighting type and location must be shown on the ground floor plan. A parking management plan is required to be submitted by the applicant detailing the allocation of the parking spaces to the tenancies. Bicycle Parking & Cyclist Facilities Active sustainable transport is encouraged and supported by CoGG for the health and environmental benefits it conveys to the individual and the community in general. As this proposal is requiring a parking dispensation, the facilitation of alternative modes of transport by the development is essential for the support of sustainable transport.

21 Development Hearings Panel Page 21 The provision of ten (10) undercover bicycle spaces is required to encourage staff to adopt active transport options. However, Clause , Table 2, and Table 3, indicates that showers and change room facilities are required if 5 or more staff cycling spaces are required. Provision for a shower and change room must be made. Vehicle Access (car & truck) The parking area Vehicle Access is proposed to be from the service lane at the back of the subject site. A vehicle crossing must be constructed to access the subject site to the satisfaction of the RA. The vehicle crossing details must be on the ground floor plan. Pedestrian Access Pedestrian access to the building is proposed from Melbourne Road Service Road and a back access from the carpark area. A pedestrian path along the back of the building, in front of the parking spaces must be provided. The path must be DDA compliant and lit appropriately. All point of access points to the building must be DDA compliant and lit appropriately. Pedestrian access from the carpark to the tenancies above is proposed to be via a stairwell. All areas must be lit to relevant Australian Standards, and provision must be made for emergency lighting Traffic Generation Traffic generation for this proposal is expected to be accommodated within existing road network at this location. Conclusion The proposed development has a shortfall of 31 parking spaces. However, the train station is in close proximity of the subject site and the area has excellent bus services. Given the consistently high parking occupancy at this location however; the Traffic Unit requires the applicant to provide a verifiable parking occupancy survey report of the area, to the radius of 200m in support of the proposed parking waiver, prior to concluding the Traffic Assessment of the proposal. Second Response, received 13 October 2016: The report makes a number of recommendations. One of which is to remove the one hour time limit in Lothian Street. This would be of advantage to the applicant as the office staff would have unlimited parking in close proximity; it would not be to the resident s advantage or wishes. The existence of the limited parking in a residential street indicates that there is conflict between users. At this point in time, the recommendation for the removal of the parking limits in Lothian Street is not supported. The standardisation of the parking periods is not supported due to the variation of the parking needs generated within abating land use.

22 Development Hearings Panel Page 22 RECOMMENDED PERMIT CONDITIONS The waiver of the additional 26 parking spaces provision requirement is supported subject to the establishment of a parking management plan for the office workers. Officer Comment: The Applicant submitted a Parking Occupancy Report on 10 October 2016 for consideration by Council s Asset & Traffic Management unit. In the event that a permit is granted, a revised plans condition should require the proposed disabled car parking space be shown to meet the requirements of Australian Standard AS (disabled). Although the net floor area of the office development is less than 1,000 sq m, the exemption from the requirements of Clause Bicycle Facilities is considered not to have effect given the magnitude of car parking dispensation sought by the proposal. Consequently, the recommendation that bike parking spaces and facilities should be supported and the inclusion of an amended plans condition added to any permit issued. If alternative transport is to be encouraged, and reliance on private motor vehicles reduced, end of journey facilities are critical. It is considered that office workers in particular will benefit from, and are likely to use, on-site bike parking, shower and change facilities where on-site car parking is not provided. Consideration of a proposed vehicle crossing has been given in the recommendations of Engineering Services. The recommended Parking Management Plan in this instance seeks to manage potential over-flow parking activity and to reduce the likelihood and magnitude of potential adverse off-site impacts. If the recommendation were to be supported, it would likely result in a permit requirement that would be impractical to enforce. Further, public car parking is regulated by local laws relating to on-street and council managed car parks. It is not appropriate to impose planning permit conditions or parking management plan requirements that seek to replicate existing requirements. For these reasons, the requirement for a parking management plan should not be supported. Consideration to the reduction in the car parking requirement is discussed later in this report. Department: Response: Building Services The building regulations 2006 require that a report and consent must be obtained under Regulation 507. Reg A verandah must not project beyond the street alignment - (a) unless it is set back not less than 750mm from the kerb; and (b) at a height less than 3m above the level of the footpath. Officer Comment: The application was informally presented to Councils Building Services department for review and comment with regard to the proposed dual projecting canopies over the footpath. Should a permit be issued, a note should be added to bring attention to the requirements as advised by Building Services.

23 Development Hearings Panel Page 23 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: Six (6) notices were sent to owners and occupiers of adjoining land. Two (2) A3 signs were placed on the land Ten (10) objections have been received by Council, one (1) of which was withdrawn prior to further consideration. Amendment of the Application Following Public Notification The application was not amended following public notification. Consideration of Objections At the request of the applicant, a Consultation Meeting was held with objectors on 13 September The Applicant and Owner s representatives were present, as were representatives for five of the nine objections lodged. Each of the identified areas of concern raised by the objections was discussed at the meeting, with representations from the applicant and objectors forthcoming. A summary of the matters raised in the objections is provided below. It is noted that several themes emerged through the objections and consequently similar concerns have been grouped together as follows: 1. Objection Concern that the proposed building is out of character with other commercial or retail buildings in the strip shopping area resulting in adverse visual impact Response It is acknowledged that the application proposes a mixed use development that is unlike any other nearby. The proposal represents an increased height and bulk, an unusual mix of modern facade detailing, and a roof form more commonly found atop contemporary commercial buildings within the central activity area of Geelong. Notwithstanding this, the question of whether the proposal will introduce an adverse visual impact is one of personal preference. With regard to this site and in this commercial strip, no specific guidance is given within the Scheme to preserving the existing character, or advancing a preferred character, nor whether new development should seek to avoid being out of character. To the contrary, the Scheme encourages that new development seek to achieve high standards of architectural and urban design whilst having regard for the natural, cultural and strategic context of its location. To this end, and in the absence of policy that would seek to confine the development to a form and scale reflective of the existing character, it is considered that the proposal meets the requirements of the scheme in this respect.

24 Development Hearings Panel Page Objection Concern regarding potential overlooking from the east facing deck to the property at 2 Bay Street Rippleside Response Overlooking to the residential land uses to the east of the site has been minimised with the provision of aluminium louvers to a minimum height of 1.7 metres above floor level, preventing direct views to the dwellings and private open space at ground level. Should a permit be issued, a permit condition is recommended that requires a revised section elevation showing the proposed aluminium louvers on the east elevation be permanently fixed, and designed to prevent overlooking to the dwellings at 2 Bay Street and 1 St David Street. 3. Objection Concern that the proposed development would create unreasonable traffic impacts and result in an unreasonable loss of available on-street car parking. Response Of broad concern to many objectors is the anticipated increase in the demand for on-street car parking, particularly along residential streets where unrestricted on-street car parking is prevalent. Many objectors have cited the existing demand to be at unacceptable levels, caused predominantly by workers and visitors to the area, and rail commuters using the area for over-flow parking from North Geelong train station. It should first be acknowledged that the problem of car parking demand in the residential streets near to the subject site is a pre-existing one. Photographic evidence tendered by objectors, site visits, and the parking occupancy report tendered by the applicant have been inconclusive in showing the presence or magnitude of a problem. This information has shown that on-street car parking is commonly utilised, but not at or in excess of capacity. It has shown that cars are at times parked illegally on nature strips without reason or consequence to the vehicle s owner. It is conceivable that on-street car parking could be an irritation to residents in the street, but given on-street parking spaces are a community asset available to all, any irritation that its use may cause remains unjustified. Existing conditions withstanding, objectors anticipate that future visitors and occupiers of the proposed development will further add to the demand for car parking in residential streets. It is considered likely that future occupants and visitors will contribute to an increase in vehicle, pedestrian and active transport movements to, from and around the area. Council s traffic engineers have considered this likelihood with particular regard to traffic generation, and have advised that the existing street network can comfortably accommodate the anticipated increase. It is reasonable therefore to expect that carparking demand will also increase, but it is not reasonable to conclude that the increase will result in an adverse impact on residential amenity or material detriment for the following two reasons. First, it is considered that existing restricted on-street car parking should be adequate to meet the needs of casual visitors to the future retail and office tenancies. No evidence has been tendered to substantiate that restricted on-street car parking is at or near capacity. Second, future occupiers of the office premises (office workers) who arrive early in the day and leave at the end are considered more likely to utilise available public transport or active transport options such as bike riding or walking, because the routine nature of their daily journey to and from the office makes it convenient to do so. It is considered that the proposal site is ideally serviced by alternative transport network infrastructure, and this proximity is likely to encourage alternative transit use.

25 Development Hearings Panel Page 25 It is reasonable however, to expect that some if not many future office and retail workers at the site will drive a car and seek unrestricted on-street car parking space nearby. The Parking Occupancy Report has shown that there is enough private, public, and on-street car parking capacity within a 250 metre radius of the proposal site to accommodate any real increase. At issue therefore, is not whether the demand can be accommodated, but whether the increase will result in an adverse residential amenity impact or material detriment. With regard to material detriment, no objector has demonstrated that this is either real or likely. Given that all residents near to the proposal site have access to private off-street car parking, with one known exception, it is unlikely that residents will be without a place to park their car. No information has been provided to show that the current or potential on-street parking demand has resulted in material detriment. The issue of a potential adverse residential amenity impact has also not been substantiated. Unlike other much more intensive uses and developments that result in high levels of visitation and vehicle movements, the proposal is likely to result only in a modest change, and an imperceptible impact on residential amenity to that already experienced. Assessment The application has been considered against the purpose and decision guidelines set out in the Commercial 1 Zone, along with the relevant State and Local Planning Policies. Commercial 1 Zone The proposed development is consistent with the purpose of the Commercial 1 Zone, which seeks to create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses. With consideration to the decision guidelines of the Clause, the proposal has been found to provide an appropriate interface with nearby residential land uses; excellent access to transport and movement networks; an active and responsive frontage at street level; access and connection to services; acceptable levels of overlooking and overshadowing; and good environmentally sustainable design elements. State Planning Policy Framework The proposed development is considered to appropriately respond to the relevant State Planning Policy Framework. The proposal seeks to provide retail and office accommodation within an established commercial context, taking advantage of its proximity to significant transport infrastructure. Relevant policy listed within this report discuss the need to promote good urban design to make the environment more liveable and attractive, to achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties, to provide for a strong and innovative economy, where all sectors of the economy are critical to economic prosperity, locate commercial facilities in existing or planned activity centres. The proposal provides for a positive urban design outcome in comparison to the existing building on the land, and will set a positive precedent for future additional development within this street. The amenity of adjoining land is not likely to be adversely impacted by the proposal as there are no windows on the abutting buildings, and no residential uses adjoin the subject site. The offices situated at the upper levels of the building are an as of right use within the zone, and are proposed to be occupied by the owner and developer for its own corporate headquarters. To this end, the intensification of the land use should result in an increase in visitation to the area and flow-on benefit to current and future commercial activity nearby.

26 Development Hearings Panel Page 26 Some reconsideration is recommended for the provision of architectural detailing to add visual interest to the north and south concrete walls, particularly above the roof line of adjoining buildings and visible from the public realm. It is recommended also that a more specific suite of materials, colours and materials be provided for approval, should a permit be issued. Permit conditions to this effect are recommended. Particular Provisions Clause Car Parking The purpose of Clause (Car Parking) of the Particular Provisions is to: ensure that car parking facilities are provided in accordance with: The State Planning Policy Framework and the Local Planning Policy Framework 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. support sustainable transport alternatives to the motor car. promote the efficient use of car parking spaces through the consolidation of car parking facilities. ensure the car parking does not adversely affect the amenity of the locality. 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. Clause Bicycle Facilities The purpose of Clause (Bicycle Facilities) of the Particular Provisions is to: encourage cycling as a mode of transport. provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities. Response The proposed development seeks to provide four (4) on-site car parking spaces. A reduction in the car parking space requirement of twenty-seven (27) spaces is proposed. A car parking demand assessment was submitted with the application, along with a Parking Occupancy Report for the area within 250 metres radius of the proposal site. With consideration to the decision guidelines of clause of the Scheme, the proposed reduction in the car parking requirement has been found to accord with the purpose of the provision for the following reasons: A mix of restricted and unrestricted on-street, public, and private car parking is available within a 250 metre radius of the development site; Site constraints limit the amount of available space to provide accessible on-site car parking; The proposed reduction is unlikely to adversely impact on local amenity including pedestrian amenity and the amenity of nearby residential areas; Nearby alternative transport options are abundant including walking and bike riding paths and lanes, bus services, and North Geelong train station; The reduced provision of car parking on or near the land is likely to result in opportunities for improved future urban design outcomes.

27 Development Hearings Panel Page 27 As discussed in response to objections previously in this report, the future occupants of the development are likely to benefit from the proximity of the site to alternative transport infrastructure network, particularly for public transport and bike riding. End-of-trip facilities are considered imperative to ensuring that bike riding is a practical, convenient and comfortable option. To this end, it is recommended that convenient and secure bike storage areas, showers and change facilities are provided to contribute some offset to the car parking dispensation sought. These facilities should be a condition on the permit, should one be issued. 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 The proposal has been assessed against the relevant decision guidelines listed above and is considered the proposal meets the above decision guidelines with the expectation of the purpose of the zone and relevant policies that have been detailed within this report. 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 proposed development of the subject land for the construction of a mixed use retail and office building and reduction in the car parking requirement is considered to satisfy the relevant State and Local Planning Policy Framework, and the purpose and decision guidelines of the Commercial 1 Zone and Car Parking Particular Provision.

28 Development Hearings Panel Page 28 The assessment of this application has required careful consideration of planning policy provisions which promote site responsive urban design and good architectural outcomes, while minimising adverse impact on nearby residential land, and contributing to a strong and innovative economy. The proposal has been found to accord with these. The constraints of the site, and its proximity to alternative car parking and transport services and networks have been found to support the purpose of the car parking provisions of the Scheme. Overall, the proposed development provides for a site responsive, contemporary design response, which can provide for the intensification of commercial activity within an existing Commercial strip, and providing an appropriate response to the strategic directions in the planning scheme. Therefore having assessed the proposal against the relevant provisions of the Greater Geelong Planning Scheme, it is recommended that the application be supported and a Notice of Decision to Grant a Planning Permit be issued subject to conditions as outlined in this report. Report prepared by Steve Roussac

29 Development Hearings Panel Page 29 Application No: Applicant: Subject Land: Owner: PP N Malouf 10 Golf Links Road, BARWON HEADS Panrich Pty Ltd Zone: General Residential Zone Schedule 2 Overlays: Existing Use: Proposed Use: Nil Single Dwelling Construction of Two (2) Dwellings and Two (2) Lot Subdivision Indicates Objectors Due to map size, not all objectors have been identified Subject Site 10 GOLF LINKS ROAD, BARWON HEADS

30 Development Hearings Panel Page 30 Summary The subject site is located on the eastern side of Golf Links Road with a frontage of metres and depth of metres, comprising of a total area of square metres. The site has a 2.4 metre fall which runs from west to east with a large dip in the site being located at the north-east corner of the site. Occupying the site is a single storey timber clad dwelling and attached double car port, vegetation including a small number (3-4) trees and shrubs. Access to the site is provided via a single unsealed crossover from Golf Links Road. Retaining walls also exist on the site which run along the entire southern boundary and partially to the north-east section of the site. The site is located approximately 530 metres from the Barwon Heads Town Centre Commercial Zone, and directly opposite the Barwon Heads Golf Course which is situated to the west. The locality is well serviced with access to public transport, commercial premises, and community and education services. The subject site is located in the General Residential Zone, Schedule 2 and not subject to any overlays. Residential land within the immediately adjoining area are also similarly zoned whilst a Special Building Overlay is located north-east of the subject site, generally covering properties within George Street. Residential sites situated 65 metres north and 52 metres east of the subject site are zoned as Residential Growth Zone Schedule 2 and within Barwon Heads Increased Housing Diversity Area. Land located to the west and further south of the site is the Barwon Heads Golf Club and is subsequently zoned as Special Use Zone Schedule 3 and subject to Heritage Overlay s and a Special Building Overlay. The application proposes the construction of two (2) dwellings and a two (2) lot subdivision at the subject site. Each dwelling is double storey in design, contains four bedrooms and is provided with two on site car spaces in the form of double garages which will be accessible from Golf Links Road via a proposed double crossover. The dwellings will be constructed predominately of cement compound weatherboards, with mixed hipped and gabled Colorbond roof forms. Dwelling 2 will comprise of some external stone wall cladding at the ground floor entrance area. The application was advertised by letters to adjoining owners and occupiers, and by a sign on the site. A total of thirteen (13) objections were received on the proposal. Common concerns raised by the objectors about the proposal include over development of the site, out of character design, overlooking, overshadowing, visual bulk, health of trees to 8 Golf Links Road due to retaining wall and garaging on boundary, development will over burden existing infrastructure, setting precedent for future development, cause flooding to area due to decrease of permeability to site, dwelling 2 consists of two separate dwellings application is applying for three dwellings on site.

31 Development Hearings Panel Page 31 The applicant considered the concerns raised and undertook alterations to the design in an effort to address concerns raised by the objectors. The application plans were amended on 20 th September 2016, with these plans circulated to objectors for their review and any further comments. No objections were withdrawn on the basis of the amendments. The application has been assessed against the relevant State and Local Planning Policy Framework, General Residential Zone Schedule 2, and the objectives and standards of Clause 55 (and 56). It is considered that the proposal has responded appropriately to the standards and has policy support for infill development in areas with access to existing services and infrastructure. The proposal is responsive to the mixed character of the locality, and the zoning promotes a diversity of housing types and moderate housing growth in locations offering good access to services and transport. Therefore it is recommended that the application be supported via the issue of a Notice of Decision subject to the conditions contained in this report. MOVED: PETER SMITH SECONDED: MARSHALL SULLIVAN 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 Construction of Two (2) Dwellings and Two (2) Lot Subdivision at 10 Golf Links Road, BARWON HEADS in accordance with the plans submitted with the application and subject to the following conditions: DEVELOPMENT Amended Plans Required 1. Prior to the commencement of the use and/or 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 with the application on 20 September 2016 but modified to show: a) Notation of all screening to be fixed, minimum height of 1.7 metres from floor level and maximum 25% transparency; b) Dwelling 1 upper floor north facing balcony area existing screen to be a total length of 1 metre from the north-east post; c) Storage areas with a minimum combined area of 6sqm for each dwelling; d) Roof cladding materials; e) Nomination of floor to window sill heights of all highlight windows; f) The shared crossover with a nominal width of 7m, central to the two driveways (minimum of 3.5m accessible to each Lot); g) The shared crossover constructed perpendicular from the road centreline; h) The crossover Constructed a minimum of 1m from the power pole; i) The subdivision plan amended appropriately to cater for any shared section of driveway. j) Removal of the paved area at the front of dwelling 1 (except for the porch) to allow for more landscaping; k) Nominate 1 new canopy tree per dwelling in accordance with condition 5

32 Development Hearings Panel Page 32 Pump System 2. Unless otherwise approved by the Responsible Authority and prior to the Commencement of the Development, the land owner must enter an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act All costs associated with setting up the agreement must be borne by the land owner. The agreement is to be registered on title and run with the land, and is to provide to the satisfaction of the Responsible Authority: a) All storm water runoff is to be collected on site and discharged to the legal point of discharge using a pump system or as otherwise nominated by the responsible authority. The pump system is to be designed and constructed in accordance with Australian Standard 3500 Part 3.2 Section 9; b) In the event of any operational difficulties with the pump system, it is the Responsibility of the land owner to rectify these difficulties; c) Any pump system is to be replaced by gravity discharge if and when available, and if directed by the Responsible Authority, at the land owner s full cost; d) Provision is made (if appropriate) in any subdivision for Body Corporate drainage works, and access to those drainage works to be on common property or within an easement in favour of the Body Corporate. Endorsed Plans 3. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. Stormwater Quality & Management 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. b) Runoff is to be treated to achieve current best practice pollutant removal targets by connection to an appropriate Water Treatment Facility, with capacity to treat at least a 3 month ARI storm event, unless approved otherwise by the Responsible Authority. The Water Treatment Facility must be maintained to the satisfaction of the Responsible Authority. Landscape Plans 5. Prior to the commencement of development, three (3) copies of a landscape plan prepared by a suitably qualified or experienced person, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. The plan(s) must be drawn to scale and show: a) A survey (including botanical names) of all existing vegetation to be retained and/ or removed; b) Details of surface finishes of pathways and driveways; c) A planting schedule of all proposed trees, shrubs and ground covers including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant; d) Landscaping and planting within all open areas of the site; e) One canopy tree per dwelling When approved, the plan will be endorsed and form part of the permit, all to the satisfaction of the Responsible Authority.

33 Development Hearings Panel Page 33 Prior to the occupation of the Dwellings 6. Unless otherwise approved in writing by the Responsible Authority, prior to the occupation of the dwellings, the developer must: a) Construct the site stormwater system including separate connection for each dwelling into the Open Drain in Golf Links 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) Construct vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong; c) Remove any redundant vehicular crossings, reinstate kerb and channel and the footpath/nature strip area to match existing construction in the street; d) Clean and finish all external walls on or facing property boundaries; e) Complete the landscaping works in accordance with the endorsed plans; f) Complete all buildings and works in accordance with the endorsed plans. All to the satisfaction of the Responsible Authority. SUBDIVISION Endorsed Plans 7. The layout and site dimensions of the proposed subdivision as shown on the endorsed plan(s) shall not be altered or modified without the written consent of the Responsible Authority. There are no requirements to alter or modify the endorsed plan if a plan is certified under the provisions of the Subdivision Act 1988 that is generally in accordance with the endorsed plans. Stormwater Quality / Management 8. 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. b) Runoff is to be treated to achieve current best practice pollutant removal targets by connection to an appropriate Water Treatment Facility, with capacity to treat at least a 3 month ARI storm event, unless approved otherwise by the Responsible Authority. The Water Treatment Facility must be maintained to the satisfaction of the Responsible Authority. Servicing Authorities 9. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, and gas services to each lot shown on the endorsed plan in accordance with the authority s requirements and relevant legislation at the time. 10. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created. 11. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act. 12. The owner of the land must enter into agreements with:

34 Development Hearings Panel Page 34 a) A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider s requirements and relevant legislation at the time; and, b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network (NBN) will not be provided by optical fibre. Prior to Certification 13. The Plan of Subdivision submitted for certification must include all easements deemed necessary to protect existing or future drainage lines within the subject site, and any easements required between the subject site and the nominated legal point of discharge must be created to the satisfaction of the Responsible Authority. Prior to the Statement of Compliance 14. Unless otherwise approved in writing by the Responsible Authority, prior to the issue of Statement of Compliance, the developer must: a) Construct the site stormwater system including separate connection for each lot into the Open Drain in Golf Links 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) Construct vehicular crossings in accordance with the requirements and standards of the City of Greater Geelong; c) Remove any redundant vehicular crossings, reinstate kerb and channel and the footpath/nature strip area to match existing construction in the street; All to the satisfaction of the Responsible Authority. 15. Unless otherwise approved by the Responsible Authority and prior to the Issuing of Statement of Compliance, the land owner must enter an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act All costs associated with setting up the agreement must be borne by the land owner. The agreement is to be registered on title and run with the land, and is to provide to the satisfaction of the Responsible Authority: a) All storm water runoff is to be collected on site and discharged to the legal point of discharge using a pump system or as otherwise nominated by the responsible authority. The pump system is to be designed and constructed in accordance with Australian Standard 3500 Part 3.2 Section 9; b) In the event of any operational difficulties with the pump system, it is the Responsibility of the land owner to rectify these difficulties; c) Any pump system is to be replaced by gravity discharge if and when available, and if directed by the Responsible Authority, at the land owner s full cost; d) Provision is made (if appropriate) in any subdivision for Body Corporate drainage works, and access to those drainage works to be on common property or within an easement in favour of the Body Corporate. 16. Unless otherwise approved in writing by the Responsible Authority, prior to the issue of the Statement of Compliance: a) The development approved by Planning Permit 492/2016 must be substantially completed (e.g. lockup stage as a minimum) in accordance with the endorsed plans

35 Development Hearings Panel Page 35 or forming part of that Planning Permit (or any amendment to that permit) to the satisfaction of the Responsible Authority. Evidence must be submitted which demonstrates that the development is substantially completed to the satisfaction of the Responsible Authority. b) The owner of the land must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 which provides for all development to be in accordance with the endorsed plans forming part of the Planning Permit 492/2016 (or any amendment to that permit) or any subsequent Planning Permit. 17. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from: EXPIRY a) A telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider s requirements and relevant legislation at the item; and, b) A suitably qualified person that fibre ready telecommunications facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre. Development 18. 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. Subdivision 19. This permit as it relates to subdivision will expire if one of the following circumstances applies: a) The plan of subdivision has not been certified within two (2) years of the date of this permit.

36 Development Hearings Panel Page 36 b) A statement of compliance is not issued within five (5) years of the date of certification. The Responsible Authority may extend the certification period referred to if a request is made in writing before the permit expires or within six (6) months afterwards. Notes: 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. Council s 4. Where the legal point of discharge is kerb and channel, discharge velocity at the kerb must be no greater than 1.5 m/s with a maximum discharge flow rate of 10 l/s and the outlet directed at an angle of 45o to the direction of flow in the kerb and channel. Report CARRIED The Site & Locality The subject site is located on the eastern side of Golf Links Road approximately 230m south of Bridge Road. The site has a frontage of metres and a depth of metres with an overall area of 802m². The site currently contains a single storey timber clad dwelling, associated car port and some vegetation. The site has a 2.4 fall which runs south-west to north east. It is noted that there is a large dip in the land at the north-east corner of the site. A site cut has previously been undertaken on site which is evident given the existing retaining wall along the southern boundary. The adjoining lots with frontages to Golf Links Road have similar dimensions to the subject site and contain single dwellings. Sites adjoining the subject site to the east are generally smaller due to their narrow dimensions. Dwellings within the area comprise a mix of construction materials and designs which include weatherboard, brick, render and lightweight cladding; with both tiled and corrugated metal sheet roofing. The dwellings within the surrounding area also vary in single and double storey in scale. There are some examples of further subdivision within the surrounding area to the east of the subject site. The site is within close proximity to a primary school located on Golf Links Road (approx 250m north) and opposite the Barwon Heads Golf Club. It is also within close proximity (approx 530m), to the main commercial area of Barwon Heads and is within 780m of the Barwon River and public recreation. Public transport routes are located along Bridge Road. The site is within a General Residential Zone Schedule 2 and not covered by any overlays. Sites located further north/north-east are zoned as Residential Growth Schedule 3, partially covered by a Special Building Overlay and within Barwon Heads Increased Housing Diversity Area. Proposal

37 Development Hearings Panel Page 37 The application seeks approval for the construction of two dwellings and a two lot subdivision at the subject site. The existing dwelling on site will be demolished, and all vegetation excluding one tree within the frontage will be removed to allow for the construction of the two new dwellings. Each dwelling will have differing internal floor plans however each will contain a total of four bedrooms. The dwellings design included double storey built form, attached double garages with mixed hipped and gable Colorbond roof forms. The dwellings will be constructed from cement compound weatherboard sheeting, whilst dwelling two will incorporate a section of stone wall cladding at the ground floor façade around the external entrance area. Dwelling 1 will be setback 5 metres from the street frontage, and comprise of a maximum height of from natural ground level (NGL). Vehicular access will be provided via a proposed double crossover to the south of the site. Dwelling 2 will be located behind dwelling 1 in a tandem formation with access being provided via the proposed double crossover and driveway which runs along the southern boundary. The maximum height of dwelling 2 will vary comprising of a maximum height of 7.6m from NGL at the lowest section of the site (north-east corner) and 6.9m from the south-east section of the site. Portions of site cut and fill will be undertaken, requiring the installation of retaining walls on all boundaries excluding the western boundary. The subdivision is designed in accordance with the development plans (battleaxe formation) with Lot 1 having a total area of 361sqm and Lot 2 having a total area of 442sqm. There is no common property proposed. 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

38 Development Hearings Panel Page 38 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 The subject site is located within the General Residential Zone, Schedule 2. The purpose of 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. 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 education, recreational, religious, community and a limited range of other nonresidential uses to serve local community needs in appropriate locations. Overlay The site is not subject to an overlay. 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 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.

39 Development Hearings Panel Page 39 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 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 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 does not list the proposal as a high impact activity. 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.. 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.

40 Development Hearings Panel Page 40 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. 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. The proposed dwellings have each been provided with two car parking spaces per dwelling in the form of a double attached garage. The proposal is compliant with Clause Bicycle Spaces No bicycle spaces are required to be provided for the construction of a dwelling in accordance with Clause 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. 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 facilitate sustainable development that takes full advantage of existing settlement patterns, and investment in transport and communication, water and sewerage and social facilities.

41 Development Hearings Panel Page 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. Ensure that sufficient land is available to meet forecast demand. 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 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. Ensure a sustainable water supply, stormwater and sewerage treatment for all development.

42 Development Hearings Panel Page 42 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. 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 Neighbourhood and Subdivision Design Objective To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods. Strategy

43 Development Hearings Panel Page 43 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: 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. 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 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: 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. 16 Housing Planning should provide for housing diversity, and ensure the efficient provision of supporting infrastructure.

44 Development Hearings Panel Page 44 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 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 Location of Residential Development Objective To locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport. Strategies Ensure an adequate supply of redevelopment opportunities within the established urban area 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.

45 Development Hearings Panel Page 45 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 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. 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: Accommodating medium and high density housing in Key Development Areas (as defined by the maps included in this clause). 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. Supporting appropriate medium density housing in the General Residential Zone (Schedule 1) areas. Providing for incremental change in the General Residential Zone (Schedule 2) areas Neighbourhood character The objective of Clause of the Municipal Strategic Statement is to:

46 Development Hearings Panel Page 46 manage the impact of urban change on existing neighbourhoods. ensure that new development responds to the existing neighbourhood character. 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 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. 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. Barwon Heads: 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. Referrals Engineering Department Drainage: The site falls to the north east and the LPOD is the table drain in Golf Links Road. A pump system will be conditioned, but the applicant may be able to submit plans justifying that this is not required. Retardation and WSUD will be required. Vehicle Access & Car Parking: While Engineering are satisfied that a compliant crossover can be constructed, some modifications are required to the plans. The shared crossover is to have a nominal width of 7m, be central to the two allotments, constructed perpendicular to the centreline of Golf Links Road and be a minimum of 1m from the power pole. Modifications to the proposed titles will be required to achieve this and may require a carriageway easement and/or common property. Flooding & Coastal Inundation: N/A

47 Development Hearings Panel Page 47 Permit Conditions: Drainage & Vehicular Access: a) Prior to the occupation of the dwellings / statement of compliance, the developer must construct: a. the site stormwater system including separate connection for each unit / lot into the Open Drain in Golf Links 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 in accordance with the approved plans. 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. 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. Council s Stormwater Quality / Management b) 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; b. Runoff is to be treated to achieve current best practice pollutant removal targets by connection to an appropriate Water Treatment Facility, with capacity to treat at least a 3 month ARI storm event, unless approved otherwise by the Responsible Authority. The Water Treatment Facility must be maintained to the satisfaction of the Responsible Authority. to the Satisfaction of the Responsible Authority Creation of easements c) The Plan of Subdivision submitted for certification must include all easements deemed necessary to protect existing or future drainage lines within the subject site, and any easements required between the subject site and the nominated legal point of discharge must be created to the satisfaction of the Responsible Authority.

48 Development Hearings Panel Page 48 Pump System d) Unless otherwise approved by the Responsible Authority and prior to the Commencement of the Development / Issuing of Statement of Compliance, the land owner must enter an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act All costs associated with setting up the agreement must be borne by the land owner. The agreement is to be registered on title and run with the land, and is to provide to the satisfaction of the Responsible Authority: a. All storm water runoff is to be collected on site and discharged to the legal point of discharge using a pump system or as otherwise nominated by the responsible authority. The pump system is to be designed and constructed in accordance with Australian Standard 3500 Part 3.2 Section 9 b. In the event of any operational difficulties with the pump system, it is the Responsibility of the land owner to rectify these difficulties; c. Any pump system is to be replaced by gravity discharge if and when available, and if directed by the Responsible Authority, at the land owner s full cost. d. Provision is made (if appropriate) in any subdivision for Body Corporate drainage works, and access to those drainage works to be on common property or within an easement in favour of the Body Corporate Note: Where the legal point of discharge is kerb and channel, discharge velocity at the kerb must be no greater than 1.5 m/s with a maximum discharge flow rate of 10 l/s and the outlet directed at an angle of 45 o to the direction of flow in the kerb and channel. Response Conditions noted and will be recommended. 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 A3 sign was placed on the land Thirteen (13) objections have been lodged with Council. 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 the 20 th September 2016 Council has accepted the amendment. The amendment made the following changes to the application:

49 Development Hearings Panel Page 49 Inclusion of a ecologist report regarding vegetation adjoining southern boundary Minor changes to plans including further detail on retaining walls, separation distance for driveways Inclusion of landscaping plan Additional fence screening Additional details to shadow diagrams Retention of existing tree within frontage These are the plans currently under assessment. These plans were circulated to all objectors. It was not considered necessary to formally re-advertise the application as the changes made were minor and related to the objections received. As a result of circulating the plans to objectors, one additional objection was received to confirm their concerns still stand after the amendment. None of the objectors have withdrawn their objection on the basis of these amended plans being lodged with Council. Objection - Proposal is high density and an over development of the site. Response The application will increase the density of dwellings on the site by one. It is considered that medium density development is suitable to the subject site and area due to its close proximity to services and public transport. Due to the development proposal complying with the majority of standards and complying with all objectives in Clause 55, it is considered that the proposal would not be an overdevelopment of the site that would warrant a refusal of the application. Objection Proposal is not in keeping with the existing or preferred character of the area. Response The development is considered to respect the existing character and preferred character as per Clause (Bellarine Peninsula). The development will maintain a low scale, coastal village character whilst maintaining a compact urban form without cause significant detrimental impacts to the existing landscape setting. This is achieved by incorporating existing design elements through modern interpretation, similar external construction materials, front setbacks, articulation, eaves and the retention of the existing vegetation within the frontage of the site. Objection Proposal will result in an excess of site coverage, inappropriate building height and visual bulk. Response The application complies with the site coverage under Clause 55 and has a maximum building height less than the maximum allowable under the General Residential Zone Schedule 2. Although both dwellings are double storey in built form, it is considered that the level of articulation, setbacks, eaves, spacing between dwellings and variation in design elements contribute to a good building design that softens visual bulk. Objection Rear dwelling (Dwelling 2) provides two dwelling under one roof.

50 Development Hearings Panel Page 50 Response Dwelling 2 is not considered to be for the purpose of two dwellings. The plans show a section on the ground floor that includes a fridge and sink, however this does not automatically allow two dwellings within this floor plan. It should be noted that there is only one entrance into dwelling 2. Objection The development will cause impacts to the health of the existing vegetation along the shared boundary of 8 Golf Links Road. Response Whilst there are no requirements for this proposal that relate to permit requirements for vegetation removal etc; the applicant has acknowledged the objectors concerns and consulted Mark Trengrove (Ecologist) to prepare a report on the existing vegetation at 8 Golf Links Road. It was found in the report that the proposed development would pose minimal to no impacts to the health of the vegetation on the adjoining site. Objection Significant overshadowing impacts to SPOS of 8 Golf Links Road. Response The submitted shadow diagrams demonstrate that there would be minimal overshadowing to 8 Golf Links Road and that the overshadowing caused by the proposed development complies with the standards set out in Clause Objection Negative visual impacts to 8 Golf Links Road and impacts to northern outlook. It is difficult to determine exactly what this objection relates to given the generalisation of the objection. Given the site cut proposed with the development, the majority of the ground floor will be obstructed by the boundary fence. The site at 8 Golf Links Road has benefited from unobstructed views due to the existing dwelling on site comprising of a flat room form and being single storey in design. There are no restrictions that would prohibit the construction of a double storey dwelling at the subject site. The dwellings will be setback from the southern boundary (excluding dwelling 2 s garage wall on boundary). It is not considered to be an excessively high built form and will appear as a regular height for a double storey dwelling from 8 Golf Links Road. There is also existing vegetation along the northern boundary of 8 Golf Links Road that is fairly substantial which will partially obscure views to the proposed development. Objection Overlooking issues. Response The proposal is considered to limit overlooking impacts to adjoining SPOS areas and habitable room windows in accordance with Clause by incorporation of screening, obscure glazing and fence screening.

51 Development Hearings Panel Page 51 Objection Unsustainable increased demand to existing infrastructure cause by development. Response A referral was sent to Council s Engineering Department for comment on the proposal who responded with no objections or concerns to the proposed development and its impact on existing infrastructure. Objection Proposal does not comply with the LPPF & MSS of the Greater Geelong Planning Scheme. Response An assessment has been carried out on the proposed development and it has been found to generally comply with the relevant sections of the SPPF & MSS as discussed later in this report. Objection Development does not allow sufficient landscaping. Response It is considered that the proposal allows for the allocation of sufficient landscaping on the site. It should be noted that the existing vegetation on the subject site is not as prominent as that on directly adjoining lots, however a large existing tree within the site s frontage is to be retained. An updated landscaping plan will be required to be submitted due to the submitted landscaping plan not complying with the requirements of the schedule to the zone which require one canopy tree per dwelling (only one was shown on the plans). Objection Proposal does not allow enough permeable surfaces, inturn causing flooding. Response The application complies with the Permeability Objective (Standard B9) with the development retaining 24% permeability; which is 4% over the minimum allowable under the standard. Council s Engineering Department did not raise any objections to the proposal and requires conditions relating to stormwater management. Assessment 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 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 The application proposes two dwellings on a lot that has good access to services, transport and an activity centre. The site is within 600m of the main street of Barwon Heads and is located along within

52 Development Hearings Panel Page 52 close proximity to a public transport route. The development therefore provides for an increase in housing diversity in an appropriate location as identified in the purpose to the zone. Schedule 2 to the General Residential Zone varies the following ResCode Standards: Standard B13 One canopy tree per dwelling Standard B28 - A dwelling or residential building should have private open space consisting of: 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 a 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. As discussed in the ResCode Assessment below, the application meets the majority of the Standards within ResCode requirements, and all objectives within ResCode (Clause 55 & 56) The maximum height of the dwellings is 7.6 metres. This is less than the conditional 9 metre maximum allowed under the zone. State and Local Planning Policy Framework The proposal has been considered against relevant State and Local Planning Policy Framework as listed in this report, and is considered to satisfactorily respond to each of these policies. The proposed development will provide for an increase in dwelling type and diversity in an established residential area with good access to services. The development is considered to be consistent with the existing and preferred character of the area and is not considered to have adverse amenity impacts on adjoining properties. The development will increase housing choice and provide more affordable housing to suit the needs of a range of households to the area. The design of the development is considered to be respectful of the neighbourhood character in that it uses similar construction materials, is not excessive in height, incorporates eaves and articulation and allows for sufficient landscaping. The development is provided with an energy efficient design, with habitable rooms and private open space orientated to receive good solar access and northern light. The area is serviced by all utilities and required infrastructure, and is not considered to create an overload to any of these services. It is considered that the development provides for a high level of on site amenity for future residents with north facing secluded open space and living areas. The increased density of one, scale and mass of the development is considered to be appropriate for the location given the character of the area and the site being close to services and transport. Clause Public Open Space Contribution A person who proposes to subdivide land must make a contribution to the council for public open space in an amount specified in the schedule to this clause (being a percentage of the land intended to be used for residential, industrial or commercial purposes, or a percentage of the site value of such land, or a combination of both). If no amount is specified, a contribution for public open space may still be required under Section 18 of the Subdivision Act 1988.

53 Development Hearings Panel Page 53 Response Pursuant to the schedule to Clause 52.01, the following contribution is required to be made: Creation of one additional lot Creation of two to nine additional lots Creation of 10 or more lots on land zoned for residential purposes prior to August 31 st 2007 Creation of 10 or more lots on land zoned for residential purposes after August 31 st 2007 Waurn Ponds Creek Environs None 1 percent per additional lot up to a maximum of 5 percent 5 percent 10 percent 10 percent Pursuant to the above table no contribution is required to be made. 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 4 car spaces to be located on the land (two for each dwelling). A total of 4 car spaces are provided in the form of double garages. Design Standards Clause Dimensions of spaces within garages meet minimum requirements; Crossovers and access ways leave appropriate areas for landscaping;

54 Development Hearings Panel Page 54 Date:3 November 2016 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. Complies The development responds to the character of the area by incorporating design elements and materials seen within the surrounding area which include pitched roofs, weatherboard style cladding construction materials, articulation and eaves. The design also mimics aspects of the Barwon Heads Golf Course Club House which is a significant site to the area and is located within close proximity of the site. Complies As set out above, the application complies with the planning policy framework. The required written statement has been provided.

55 Development Hearings Panel Page 55 Date:3 November 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.

56 Development Hearings Panel Page 56 Date:3 November 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 Building height objectives Standard B7 Complies Complies The development is designed to address Golf Links Road, with pedestrian and vehicle links to the street provided. There is no high front fencing proposed for this development. Does not comply Variation required Comments: The application technically requires a variation to this standard of 3mm. The adjoining site to the south is the only dwelling that faces the same street (northern adjoining site addresses George Street). The site to the south has a front setback of 5.003m, the proposed development has a front setback of 5.000m requiring a variation to the table in this standard. The variation is extremely minor and not considered to cause any fatal impacts to the character of the area. The variation is considered to be acceptable.

57 Development Hearings Panel Page 57 Date:3 November 2016 To ensure that the height of buildings respects the existing or preferred neighbourhood character 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 Energy efficiency objectives To achieve and protect energy efficient dwellings and residential buildings. To ensure the orientation and layout of 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. 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. Standard B10 Buildings should be: Oriented to make appropriate use of solar energy. The dwellings are respectful of the character of the area with the maximum height not exceeding the maximum allowed under the schedule to the zone, and being of a consistent height to the double storey development within the surrounding area and 6 Golf Links Road which is within the immediate streetscape. It is not considered that there would be significant visual impacts upon approval of the development from the streetscape or adjoining properties. Complies The site coverage of buildings is 41 percent of the site, which is less than the 60% allowed by the standard. Complies The site retains 24 per cent permeability, assisting in on site stormwater filtration. Complies The dwellings are designed to take advantage of solar energy and living rooms and private open space areas and located to receive

58 Development Hearings Panel Page 58 Date:3 November 2016 development reduce fossil fuel energy use and make appropriate use of daylight and solar energy Open space objective To integrate the layout of development with any public and communal open space provided in or adjacent to the development. 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. 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. northern light. - N/A There is no communal open space requiring consideration.

59 Development Hearings Panel Page 59 Date:3 November 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. 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.

60 Development Hearings Panel Page 60 Date:3 November 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 adequate areas available on site to allow for planting which will complement the landscape character of the area. A landscaping plan has been submitted for assessment, however an amended landscape plan will be required as one canopy tree per dwelling is required. The large existing tree within the site s frontage will be retained, which contributes to a positive outcome to this standard.

61 Development Hearings Panel Page 61 Date:3 November 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. Does not comply Variation required Comments: A total of 40.1 per cent of the frontage is taken up with vehicle crossings, which requires a minor variation to the standard. It is not considered that there would be impacts to the neighbourhood character given the minor variation required, and it is not considered that there would be any loss of on-street car parking given the informal nature of the roadside. Directly opposite the site and within the surrounding area there are examples of large double crossovers/access ways; it is not considered that the introduction of a crossover that requires a 0.1% variation would be fatal to the application.

62 Development Hearings Panel Page 62 Date:3 November 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. Complies Car parking is proposed within a double garage for each dwelling. Direct access is obtained from the garage into each dwelling, and each garage is secure. There are no shared accessways proposed within the development. 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.

63 Development Hearings Panel Page 63 Date:3 November 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 B18 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. Does not comply Variation required Comments: A variation to this standard is required for the following: Dwelling 1 A variation is required to the side setbacks for this dwelling due to a section of the roofline and guttering encroaching a maximum of 300mm further into the allowable 500mm encroachment to the standard. Dwelling 2 Due to the slope of the land at the rear of the lot, a variation to the setback standard along the northern & eastern boundary are required for the roof line and eaves as follows: Northern boundary maximum variation of 2m which tapers down to 500mm for the roof of the upper floor balcony area. Eastern Boundary requires a 100mm variation to the eaves/guttering to the upper floor north-east section of the dwelling for a length of approximately 3 metres. It is considered there would be minimal impacts to the amenity of adjoining sites SPOS areas given the lot orientation (and shadow diagrams demonstrating minimal impacts to the east of the site), with the variation still allowing spacing around the proposed dwellings and site boundaries to create visual breaks. Given the topography of the site, it is not considered that there would be fatal impacts to the character of the area upon approval of the proposed design. It should also be noted that sites to the north and east of the subject site, where the proposal requires variations, did not object to the application.

64 Development Hearings Panel Page 64 Date:3 November 2016 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. 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. Complies The requirements of the standard have been achieved. The maximum wall length on the south boundary is 6.8 metres and it has a maximum height of metres from NGL due to the proposed site cut.

65 Development Hearings Panel Page 65 Date:3 November 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.

66 Development Hearings Panel Page 66 Date:3 November North facing windows objective To allow adequate solar access to existing north-facing habitable room windows Overshadowing open space objective To ensure buildings do not significantly overshadow existing secluded private open space. 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 northfacing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east. 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. - N/A There are no north facing windows on abutting lots which require consideration. Complies The level of overshadowing associated with the development is within the requirements of the standard as demonstrated with the shadow diagrams submitted with the application.

67 Development Hearings Panel Page 67 Date:3 November 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. An amended plans condition is recommended requiring the north facing upper balcony area for dwelling 1 to lengthen the proposed screening to 1 metre in lieu of the 500mm screen to further limit any potential for views into the existing habitable room window of the adjoining northern property. No objections were received by the adjoining northern property.

68 Development Hearings Panel Page 68 Date:3 November Internal views objective To limit views into the secluded private open space and habitable room windows of dwellings and residential buildings within a development 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. 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. 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. Complies Internal views have been considered in the design solution and there is no internal overlooking. - N/A There are no external noise sources which require consideration. Complies The entries to the ground floor of the dwellings are accessible to those with limited mobility.

69 Development Hearings Panel Page 69 Date:3 November Dwelling entry objective To provide each dwelling or residential building with its own sense of identity Daylight to new windows objective To allow adequate daylight into new habitable room windows. 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. 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 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. Complies All habitable room windows face an outdoor space of the required dimensions, allowing light into habitable rooms.

70 Development Hearings Panel Page 70 Date:3 November 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 in excess of the minimum 60 square metres of private open space with 40 square metres of the space secluded with a minimum dimension of 5 metres and is therefore in accordance with the standard.

71 Development Hearings Panel Page 71 Date:3 November 2016 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 secluded private open space receives adequate solar access and complies with the setback requirement of the standard. Does not comply Variation required Comments: Storage has been provided for each dwelling, however the shed comprises of a total area of 3 cubic metres which is half the amount required per dwelling. There is ample space on each proposed site for the allowance of the additional storage required and an amended plans condition will be placed on the permit requiring a minimum of 6 cubic metre storage areas to be notated on the plans.

72 Development Hearings Panel Page 72 Date:3 November 2016 Clause Design Detail To encourage design detail that respects the existing or preferred neighbourhood character. 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. 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. 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. Complies The proposed development is considered to respect the preferred neighbourhood through the appropriate use and design of façade articulation & detailing, window and door proportions, roof form and pergolas, eaves and parapets. The garaging is considered to be visually compatible with the development and neighbourhood character. - N/A No front fence is proposed. - N/A There is no common property proposed. Clause B34 Complies

73 Development Hearings Panel Page 73 Date:3 November 2016 Site Services To ensure that site services can be installed and easily maintained. To ensure that site facilities are accessible, adequate and attractive. 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. 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.

74 Development Hearings Panel Page 74 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 An assessment has been undertaken against the purpose of the zone, the relevant State and Local Planning Policies and Particular Provisions. The development is found to be consistent with the relevant State and Local Planning Policy and to generally comply with the relevant standards and objectives of ResCode. The site is located within a General Residential Zone Schedule 2. The density and scale of the development proposed is considered to be consistent with the purpose and objectives of these policies whilst incorporating design elements that respect the existing and preferred character of the surrounding area and Barwon Heads. Therefore the Responsible Authority having considered all matters which the Planning and Environment Act 1987, requires it to consider decides to grant a Notice of Decision for the Construction of Two (2) Dwellings and a Two (2) Lot Subdivision at 10 Golf Links Road, Barwon Heads in accordance with the plans and documentation submitted with the application and subject to conditions. Report prepared by Trent Blackmore

75 Development Hearings Panel Page 75 Application No: Applicant: Subject Land: Owner: PP Binder Peart Design Pty Ltd 20 Trevally Drive, OCEAN GROVE T J Waterfield and S L Waterfield Zone: General Residential Zone Schedule 1 Overlays: Design and Development Overlay Schedule 14 Existing Use: Proposed Use: Existing Dwelling Buildings and Works in Association with an Existing Dwelling Indicates Objectors Subject Site 20 Trevally Drive, OCEAN GROVE

76 Development Hearings Panel Page 76 Summary The site is located on the south side of Trevally Drive, Ocean Grove and has a total lot size of 789 square metres. The site has a street frontage of metres and a maximum depth of 41.9 metres. The site currently contains an existing brick dwelling. The streetscape presents as a single storey dwelling, however to the rear of the site is a second storey, not visible from the street. The site is burdened with a drainage easement to the rear of the site. The application seeks the approval for the construction of an extension to an existing dwelling exceeding 7.5 metres in height. The extension to the rear of the existing dwelling has a proposed total area of 69 square metres and is to include a living area, powder room and deck. The extension has an overall total height of metres. The extension is to be externally finished in lightweight cladding and the roof is to be colorbond with a 5 degrees pitch. The addition includes a 2.4 metre x 10.9 metre extension to the first floor which extends the kitchen and includes a new deck of 10.3 square metres. This extension is to enclose the existing deck. The site is located in the General Residential Zone Schedule 1 and no planning permit is triggered under the zone as the lot is over 300 square metres. The site is affected by the Design and Development Overlay Schedule 14. The purpose of Schedule 14 is to achieve reasonable sharing of views between properties with areas that have access to views. The overall height of the extension is metres which is 617mm over the 7.5 metre trigger in the Design and Development Overlay. The application was advertised for 2 weeks with a sign on site and nine (9) letters were sent to adjoining (including opposite) owners and occupiers. Six (6) objections were received, five (5) from across Trevally Drive and one (1) from an adjoining neighbour. The objections related to loss of views and a third storey creating a precedent for the street. A consultation meeting was held where these issues were discussed. As a result of the consultation, no objections were withdrawn and no changes to the plans were made. The application was assessed against the decision guidelines and purpose of the Design and Development Overlay - Schedule 14. The application was found to be appropriately compliant with the provisions of the reasonable sharing of views. It is therefore recommended that the application be supported and a Notice of Decision to Grant a Planning Permit is issued subject to the relevant conditions. MOVED: MARSHALL SULLIVAN SECONDED: PETER SMITH 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 in Association with an Existing Dwelling at 20 Trevally Drive, OCEAN GROVE in accordance with the plans submitted with the application and subject to the following conditions:

77 Development Hearings Panel Page 77 Endorsed Plans 1. The development as shown on the endorsed plan(s) must not be altered without the written consent of the Responsible Authority. General 2. Other than television antenna, no external plant or equipment, including air conditioning units, solar panels, satellite dishes or the like, that are not included on the endorsed plans are to be located on the roof of the building without the written consent of the Responsible Authority. Development Expiry 3. 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. Note 1. No assessment against the requirements of Clause 54 of the Greater Geelong Planning Scheme has been undertaken. An assessment against the relevant Building Regulation will need to be undertaken by the relevant Building Surveyor. Report CARRIED The Site & Locality The subject site is located on the south side of Trevally Drive, Ocean Grove, approximately midway between Emperor Drive and Marlin Drive. The site is zoned General Residential Schedule 1 and is affected by the Design and Development Overlay - Schedule 14. The site has a street frontage of metres and a maximum depth of metres, resulting in a total lot size of 789 square metres.

78 Development Hearings Panel Page 78 Subject site and surrounding area The site has an existing crossover to the north east corner of the lot and a drainage easement to the rear of the lot. The site has a steep slope to the front of the street and flattens out to the rear of the lot. Planted vegetation is located to the front of the dwelling and along the boundaries. 20 Trevally Drive, Ocean Grove

79 Development Hearings Panel Page 79 The surrounding area contains similar lot sizes developed with two and three storey dwellings. Some lots have been developed with two dwellings, however a majority of dwellings are single old style beach houses. The surrounding lots are also located in the General Residential Zone and also affected by the Design and Development Overlay. 21, 23 and 23a Trevally Drive, Ocean Grove Proposal The application seeks the approval for the construction of an extension to an existing dwelling over 7.5 metres. The proposal comprises a 69 square metre new upper storey to the rear of the existing dwelling, which is to include a living room, powder room and deck. The overall height of the extension is metres. The roof is proposed to be colourbond with a roof pitch of 5 degrees.

80 Development Hearings Panel Page 80 Existing and proposed elevation plans 7.5 metres height shown in blue In addition, the existing kitchen is to be extended to the south, effectively into the area of the existing first floor deck. A garden shed has also been proposed. 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 a General Residential Zone (Schedule 1). Purpose 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.

81 Development Hearings Panel Page 81 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 non-residential uses to serve local community needs in appropriate locations Overlay The subject site (and surrounding properties) are affected by the Design and Development Overlay (Schedule 14). Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas which are affected by specific requirements relating to the design and built form of new development. Schedule 14 Dwellings Over 7.5 metres in Areas with Access to Views Design Objectives 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. Decision Guidelines Before deciding on an application, the responsible authority must consider where relevant: The design objectives of this schedule. The impact of the proposed buildings and works on the view from another property as result of the design, siting, height, size and bulk (including the roof). Whether opportunities exist to avoid a building being visually obtrusive by the use of alternative building designs, including split level and staggered building forms, that follow the natural slope of the land and reduce the need for site excavation or filling. The opportunity for a reasonable sharing of views having regard to the extent of the available view(s) and the significance of the view(s) from the properties affected. Permit required clause and condition Pursuant to Clause of the Design and Development Overlay a permit is required to extend a dwelling where the extension is more than 7.5 metres above natural ground level. 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. 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 listed as an exempt activity. In accordance with the above assessment, a Cultural Heritage Management Plan is not required and a Cultural Heritage Management Plan has not been approved.

82 Development Hearings Panel Page 82 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.. 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. 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 Summary of relevant state policies

83 Development Hearings Panel Page 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 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. 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.

84 Development Hearings Panel Page 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 transport corridors integrate land use planning, urban design and transport planning and are developed and managed with particular attention to urban design aspects Urban Design Principles Objective To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. Strategies Apply the following design principles to development proposals for non-residential development or residential development not covered by Clause 54, Clause 55 or Clause 56: Context Development must take into account the natural, cultural and strategic context of its location. Planning authorities should emphasise urban design policies and frameworks for key locations or precincts. A comprehensive site analysis should be the starting point of the design process and form the basis for consideration of height, scale and massing of new development. Safety New development should create urban environments that enhance personal safety and property security and where people feel safe to live, work and move in at any time. Landmarks, views and vistas Landmarks, views and vistas should be protected and enhanced or, where appropriate, created by new additions to the built environment. Light and shade Enjoyment of the public realm should be enhanced by a desirable balance of sunlight and shade.

85 Development Hearings Panel Page 85 This balance should not be compromised by undesirable overshadowing or exposure to the sun. Energy and resource efficiency All building, subdivision and engineering works should include efficient use of resources and energy efficiency. Architectural quality New development should achieve high standards in architecture and urban design. Any rooftop plant, lift over-runs, service entries, communication devices, and other technical attachment should be treated as part of the overall design. Landscape architecture Recognition should be given to the setting in which buildings are designed and the integrating role of landscape architecture 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: The underlying natural landscape character. The values, needs and aspirations of the community 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.

86 Development Hearings Panel Page 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. Local Planning Policy Framework Municipal Strategic Statement Summary of relevant MSS Coastal Environments Objectives To protect, maintain and enhance the coast, estuaries and marine environment. To respect and manage coastal processes. Strategies Focus urban coastal development within existing urban settlements. Prevent lineal urban sprawl along the coast 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 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.. 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 The Bellarine Peninsula

87 Development Hearings Panel Page 87 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 encourages 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. 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. Ensure development avoids impacts on environmental assets including the Coast, Buckley Park Foreshore Reserve, Goandra Estate, Ocean Grove Nature Reserve, Barwon River/Lake Connewarre and the Lake Victoria Wetlands. Local Planning Policies There is no relevant Local Planning Policies applicable to this application. Referrals No referrals were undertaken. 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: Nine (9) Notices were sent to owners and occupiers of adjoining land (including opposite) One (1) x A3 sign(s) was placed on the land Following the public notification period, six (6) objections were received.

88 Development Hearings Panel Page 88 AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended following public notification. The objections can be summarised as follows and will be discussed below: Loss of views Third storey creating a precedent in the street Neighbourhood Character and impacts to the streetscape Devaluation of properties Issues relating to Clause 54 Additions of solar panels Potential use of extension for a wedding reception. Objection Loss of Views Comment The purpose of Schedule 14 to the Design and Development Overlay relates to the reasonable sharing of views having regard to the extent of the available view and the significance of the view from the properties affected. The dwellings on the north side of Trevally Drive have extensive coastline views expanding either side of the subject site. The proposed extension will impact existing views partially however the entire expansive views will not be fully impacted. A view impact analysis was submitted as part of the application with 23 and 23A Trevally potentially being impacted the highest with a calculated percentage of 11 percent. Out of the entire views that are available to these dwellings, 11 percent is considered a reasonable impact. Other dwellings are predicted to be impacted 10 percent or less. Further assessment of loss of views will be discussed below. Objection Third storey creating a precedent in the street Comment Without the controls of DDO14, dwellings could add extensions without the requirement for a planning permit. The DDO allows for an assessment against the potential loss of views. All dwellings within this street are subject to the same controls, therefore if other dwellings were to propose additions over 7.5 metres another analysis would be undertaken and a planning permit would be required. Without the DDO14 there would be no controls to trigger a planning permit for view impact analysis. Objection Neighbourhood Character and impacts to the streetscape Comment The extension is to take place at the rear of the existing dwelling and the existing façade is to remain unchanged. The extension will be visible from the street however is setback 22 metres from the front boundary, therefore the visual bulk will not impact on the streetscape. Objection Devaluation of properties Comment VCAT have regularly determined that the issue of potential property devaluation is not a relevant planning consideration.

89 Development Hearings Panel Page 89 Objection Additions of solar panels Comment A condition would be added to a permit that would read as follows: Other than television antenna, no external plant or equipment, including air conditioning units, solar panels, satellite dishes or the like, that are not included on the endorsed plans are to be located on the roof of the building without the written consent of the Responsible Authority. This prevents any additional loss of views without the consent from the Responsible Authority. Objection Issuing relating to Clause 54 (overshadowing, overlooking, site coverage etc) Comment As the lot is over 300 square metres, a Clause 54 assessment is not required to be undertaken at the planning permit stage and it will be undertake at the building permit stage. A note is added to the permit, as below, to ensure this. No assessment against the requirements of Clause 54 of the Greater Geelong Planning Scheme has been undertaken. An assessment against the relevant Building Regulation will need to be undertaken by the relevant Building Surveyor. Objection Potential use of extension for a wedding reception Comment A wedding reception would be defined as a Function Centre which is nested in the Place of Assembly Group. A Place of Assembly is a Section 2 Use permit required in the General Residential Zone. Therefore if the extension to the dwelling was to be used as a reception, a planning permit would be required. The applicant did not apply for the use of a function centre within this application therefore it has not been considered and an assessment of this use will not be undertaken. Assessment Design and Development Overlay Schedule 14 The following VCAT Cases reference to the issues that arise when views must be taken into consideration. VCAT Reference P362/2005 Healy v Surf Coast SC The member refines the Tashouindis principles (paragraph 21) for assessment of views and restates as: (a) (b) (c) (d) (e) there is no legal right to a view; views form part of the existing amenity of a property and their loss is a relevant consideration to take into account; the availability of views must be considered in the light of what constitutes a reasonable sharing of those views; in addressing the concept of reasonableness, it is relevant to consider (i) the importance of the view to be lost within the overall panorama available; and (ii) whether those objecting have taken all appropriate steps to optimise development of their own properties. added emphasis will be placed on principles (b) and (c) above if the issue of views is specifically addressed in the planning scheme. In paragraph 13 Member Marsden raises the relevance of considering the development of surrounding development in the assessment of the view impacts.

90 Development Hearings Panel Page In Centrum Architects Pty Ltd v Surf Coast SC, Morling and Others (noted at 10 VPR 126), the Tribunal added another criterion. In that case, the owners of a number of single storey dwellings opposed the development of a two storey house on lower land. The Tribunal noted that, had the Objectors developed their properties to their maximum potential, they would have retained their panoramic views. Thus, the level to which the Objectors had developed their own properties was held to be a relevant consideration. In paragraph 20 Member Marsden addresses the topography of land in relation to assessing view impacts. 20 This is not a situation where development of the front row will inevitably lead to an obliteration of views from the rows behind. With forethought and proper planning, most dwellings in the vicinity should be able to maintain good sea views, nor is this a case where the Objectors have failed to maximise their own opportunities. All three of the Objector s properties support substantial, two storey dwellings. VCAT Reference P692/2008 Bellarine Building Permits Pty Ltd vs Greater Geelong City Council In paragraph 33 and 34 Member Potts makes an important definition on the intent of the DDO14. Since this decision, the Schedule 14 has been amended to specifically nominate significant views, negating the last sentence of paragraph 34, the remainder of the decision remains relevant however. 33 Thus while there is no legal right to a view, the DDO-14 specifically calls for consideration of the potential impact to, and sharing of, views having regard to both the extent of the view and its significance. Consistent with the principles espoused in Healy however, DDO14 does not speak of protecting views that one may enjoy through fortuitous circumstance but rather speaks of the reasonable sharing. 34 In this matter, the views enjoyed by those to the rear and side of the subject site are enjoyed due to the fact that there has been no development on the site. For those to the rear and more elevated positions, the views are of the Barwon River valley panorama and beyond. Mr McKenzie s views are somewhat more restricted. There are no particular statements of significance that apply to these views. It terms of significance, while undisputedly panoramic there is little to indicate a special or significant status to other than that attributed to by the residents.

91 Development Hearings Panel Page 91 As above, no one has a legal right to a view and the dwellings on the north side have had these uninterrupted views for close to 40 years. The impact on the views has been considered minor to the extensive and expansive views available to the dwellings on the higher side of Trevally. It is acknowledged that the development will interrupt the consistent panoramic view however the dwellings in the vicinity will be able to maintain sea views. As the dwellings on the higher side of Trevally have been established since the 1980 s where the dwellings were developed to only partially maximum their views. The dwellings could have been developed to further develop their views with larger windows. As shown below: 21 Trevally Drive, looking towards the subject site In paragraph 33 of P692/2008, Member Potts says specifically of the DDO14 Thus while there is no legal right to a view, the DDO14 specifically calls for consideration of the potential impact to, and sharing of, views having regard to both the extent of the view and its significance. Consistent with the principles espoused in Healy however, DDO14 does not speak of protecting views that one may enjoy through fortuitous circumstance but rather speaks of the reasonable sharing. Although these comments were made on the previous iteration of the Overlay which did not specifically state which views were to be considered significant, the assessment the DDO14 in how it does not protect views available through fortuitous circumstances is relevant to this application. The DDO14 requires assessment of the impact of the portion of the dwelling exceeding 7.5 metres. Submissions made with the application demonstrate that if a dwelling were constructed as of right to a maximum of 7.5 metres on the subject site, avoiding the required assessment of impact on views, the impact upon the availability of views from the property to the south would be no different to as proposed with the height at metres. The existing dwellings on the north side of Trevally Drive would still lose access to the panoramic views towards the coast if the extension was built as of right at 7.5 metres compared to the proposed metres.

92 Development Hearings Panel Page 92 Windows providing views to the coast 21 Trevally Drive Two smaller windows on the right will partially lose some views. However the dwelling has the larger windows on the right which provide panoramic coastal views which will be impacted by 11 percent. The views to the ocean would be impacted even if the developed was proposed as of right at 7.5 metres in height. The difference between as of right and what is proposed is 611mm. Existing views would be impact with an extension with an overall height of 7.5 metres.

93 Panoramic views of 19 Trevally Drive (subject site highlighted) Panoramic views of 21 Trevally Drive (subject site highlighted) Panoramic views of 23 Trevally Drive (subject site highlighted)

94 Development Hearings Panel Page Trevally Drive has less expansive views than the other dwellings in Trevally Drive. Views from 22 Trevally Drive The proposed developed will not extend past the existing footprint of the dwelling, where the existing deck is. The development will extend higher than existing dwelling visible from the kitchen of 22 Trevally. The blue lines indicate the width of the existing deck which will be built in and extended on. The deck is currently 2.4 metres wide and this will not be extended. The view impact analysis predicted 5% of existing views to be impacted on. View from 22 Trevally Drive to the subject site Existing North Elevation

95 Development Hearings Panel Page 95 Proposed North Elevation which is to be visible from 22 Trevally Drive Finally, any application triggered by the DDO14 must be assessed against the Decision Guidelines of the Schedule (as below). These guidelines must however be read in context of the relevant VCAT decisions as discussed above. Before deciding on an application, the responsible authority must consider: The design objectives of this schedule. The impact of the proposed buildings and works on the view from another property as result of the design, siting, height, size and bulk (including the roof). Whether opportunities exist to avoid a building being visually obtrusive by the use of alternative building designs, including split level and staggered building forms, that follow the natural slope of the land and reduce the need for site excavation or filling. The opportunity for a reasonable sharing of views having regard to the extent of the available view(s) and the significance of the view(s) from the properties affected. Those design objectives that are relevant to an assessment of views are read in context with the decisions as also discussed above. The objective does not speak of protecting views that are available due to fortuitous circumstances, as previously assessed it is considered that the limitations of the site are such that any reasonable development of the land would lead to obscuring of the views available. This area of Ocean Grove has been established and unchanged for a period of time. The views have remained unchanged and the residents have become accustom to the views that are currently available. These views have been enjoyed by chance and remained unchanged by fortune. Loss of views would occur if a dwelling or extension was built to a maximum of 7.5 metres without triggering a planning permit and view impact assessment. It is therefore conceded that despite the impact upon the available views, when assessed against the applicable decisions of VCAT and the inherent limitations of the subject site and relevant policy, the impact on views is not fatal to the application. SPPF The State Planning Policies encourage development opportunities within existing settlements and limit the urban sprawl potential as well as good urban design environments.

96 Development Hearings Panel Page 96 The proposal is well set back from the front boundary and will not impact on the existing streetscape and character. Pursuant to Clause Urban Design Principles the proposal achieves architectural and urban design outcomes that contribute positively to local urban character and minimises detrimental impact on neighbouring properties. The proposal has taken the natural context into consideration with a small pitched roof. The views will be impacts on in a minor way however the view cannot be protected or enhanced by any planning controls. The existing neighbourhood has no predominate neighbourhood character therefore it has been considered that the proposal will not impact on the existing character. The addition will create a third storey however given the large setback there will be little impact on the streetscape. The site allows for a range of housing types and encourages the improvement of housing choice and makes use of existing infrastructure which is consistent with Clause The application is consistent with Clause by 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 and Promoting good housing and urban design to minimise negative environmental impacts and keep down costs for residents and the wider community. MSS The development consolidates existing urban areas that can be connected to existing services as well as focusing urban coastal development within existing urban settlements. Pursuant to Clause extensions to dwellings over 7.5 metres should have regard to the design objectives and decision guidelines of Schedule 14 to the Design and Development Overlay. The proposal does impact on existing views however the expansive views in their entirety are only impacted on by 11 percent or less. The proposed extension provides reasonable sharing of views of the coast and foreshore and any future developed over 7.5metres would be assessed accordingly. 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 proposal has been assessed against the relevant decision guidelines listed above and is considered to accord with the relevant requirements. It is therefore recommended that the application be supported subject to conditions Report prepared by Verity Bright

97 Development Hearings Panel Page 97 Application No: Applicant: Subject Land: Owner: PP Zhody & Associates Architects Grantham Drive N S M Zohdy and N E M H Saddik Zone: General Residential Zone Schedule 1 Overlays: Design & Development Overlay Schedule 13 & 14 Development Plan Overlay Schedule 6 Listed Buildings: Existing Use: N/A Vacant Proposed Use: Variation of Restriction PS630452Y to remove Lot 318 from being burdened (single dwelling and no further subdivision), Construction of Two (2) Dwellings and Two (2) Lot Subdivision Indicates Objectors Subject Site GRANTHAM DRIVE, HIGHTON

98 Development Hearings Panel Page 98 Summary The subject site is located on the southern corner of Grantham Drive & Mosman Way, Highton. The site is 810 square metres in area and is currently vacant. Approval is sought to remove Lot 318 on Plan of Subdivision Y from being burdened by the single dwelling & no further subdivision covenant restriction on title to the land which also affects Lots , 320 & inclusive on Plan of Subdivision Y. The application also seeks approval for the construction of two double storey dwellings and a two lot subdivision. The land is zoned General Residential Schedule 1, is affected by the Design and Development Overlay Schedules 13 & 14 and Development Plan Overlay Schedule 6. A permit is required under Clause of the Greater Geelong Planning Scheme to enable the removal of the restrictive covenant, Clause to enable subdivision of the land into two lots and Clause to enable the construction of two dwellings. The applicant failed to provide Council with a list of beneficiaries to the restriction as per Section 47(1)(e) of the Planning and Environment Act 1987, however pursuant to Section 52(1A) of the Planning and Environment Act 1987 the responsible authority may refuse the application and the subsections of (1) and (1AA) do not have to be complied with. Regardless of the above the proposal was advertised in the form of two signs on site, letters to adjoining land owner/occupiers and some beneficiaries of the restriction and advertisements in the Geelong Advertiser and The Independent. As a result of advertising, Council received two objections both being from owners of land benefited by the restrictive covenant. A Consultation Meeting was held with the applicant and only one objector attending. A mutual agreement could not be reached. The application has been assessed against the State Planning Policy Framework, Municipal Strategic Statement and Local Planning Policy Framework of the Geelong Planning Scheme, Clause (Easements, Restrictions and Reserves), Clause & 4 (General Residential Zone, Clause 55 and 56 and against Section 60(2) of the Planning and Environment Act Section 60(2) states the Responsible Authority must not grant a permit unless it is satisfied that the owner of any land benefited by the restriction will be unlikely to suffer (a) (b) (c) (d) financial loss; or loss of amenity; or loss arising from change to the character of the neighbourhood; or any other material detriment Although the development and subdivision of the land are considered to comply with the General Residential Zone, Clause 55 and 56 and relevant State and Local Planning Policies it has not be demonstrated that the application can satisfy Section 60(2) of the Act, therefore refusal of the application is recommended subject to the grounds in this report.

99 Development Hearings Panel Page 99 MOVED: MARSHALL SULLIVAN SECONDED: JOHN BRYCE Refuse to Grant a Planning Permit for the Variation of Restriction PS630452Y to remove Lot 318 from being burdened (single dwelling and no further subdivision), Construction of Two (2) Dwellings and Two (2) Lot Subdivision at Grantham Drive on the following grounds: 1. The Responsible Authority considers that owners of land benefited by Restrictive Covenant PS630452Y may suffer Report a) financial loss; or b) loss of amenity; or c) loss arising from change to the character of the neighbourhood; or d) any other material detriment as a consequence of the proposed variation of the Restrictive Covenant that burdens Lot 318 on PS630452Y. The Site & Locality CARRIED The subject site is located on the south-east corner of Grantham Drive and Mosman Way, Highton in a General Residential Zone Schedule 1 covered by a Design & Development Overlay Schedule 13 & 14 and a Development Plan Overlay Schedule 6. The site is mostly rectangular in shape with a 34 metre frontage to Grantham Drive, a 3 x 3 metre splay to the north-west corner, a metre frontage to Mosman Way and a total area of approximately 810m2. The site has a 6.5 metre fall across the site from the southern boundary to the northern boundary, is devoid of vegetation and is currently vacant. The surrounding properties share the same zoning and overlays with most of the lots being developed with new single dwellings. The broader character of the area is predominantly large single and double storey dwellings with double garage set at the front to one side of the dwelling. Dwellings are mostly constructed of brick with some rendering and either colorbond or tiled roofs. Gardens are still being established. Proposal The application proposes to remove the subject site (Lot 318 on Plan of Subdivision Y) from being burdened by the restriction on the plan of subdivision, construct two double storey dwellings and subdivide the land into two lots. The restriction reads as follows: The registered proprietor or proprietors for the time being of a burdened lot to which this restriction applies shall not: 1. Construct or allow to construct any more than one dwelling per burdened lot. 2. Subdivide or cause to subdivide or allow to be subdivided the burdened lots to create additional lots. In accordance with Section 47(1)(e)(i) of the Planning and Environment Act 1987, the applicant has submitted information clearly identifying each allotment benefited by the registered restrictive covenant. The applicant is applying to vary the covenant to enable the site to be subdivided into two lot and a dwelling constructed on each lot.

100 Development Hearings Panel Page 100 The proposed dwellings have been designed to utilise the slope of the land. Dwelling 1 will be located on the south side of the land and will front Grantham Drive. It will contain a double garage, lounge, open plan kitchen/dining/family room and powder room at ground level. The upper level will contain four bedrooms, en-suite, bathroom, study/media room, family room, laundry and a balcony. The south-east corner of the upper level of the dwelling will actually sit at ground level due to the slope of the land. Dwelling 2 will be located on the north side of the land and will front Grantham Drive. It will contain a double garage, lounge, open plan kitchen/dining/family room and powder room at ground level. The upper level will contain four bedrooms, en-suite, bathroom, family room, laundry and a balcony. The south-east corner of the upper level of the dwelling will actually sit at ground level due to the slope of the land. Both dwellings are proposed to be constructed of face brick, cement sheeting, Harditex cladding and a metal roof. The maximum height of both dwellings will not exceed 7.340m. The subdivision of the land will correspond with the proposed development with Lot 1 having an area of approximately m2 and will contain dwelling 1. Lot 2 will have an area of approximately m2 and will contain dwelling 2. Access to both dwelling will be from Grantham Drive. 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. 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.

101 Development Hearings Panel Page 101 Zone The subject site is located within the General Residential Zone Schedule 1. The purpose of Clause 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 non-residential uses to serve local community needs in appropriate locations. Overlay The subject site and surrounding properties are located within the Design and Development Overlay Schedule 13. The Purpose of the Design and Development Overlay Schedule 13 includes: To provide for the conservation and maintenance of the Barwon River and environs by ensuring that any development does not have an adverse impact on the local environment. To ensure that development does not adversely impact on the amenity of existing or proposed public open space. To provide for well designed development of the land. The subject site and surrounding properties are located within the Design and Development Overlay Schedule 14. The purpose of Clause of the Design and 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. To identify areas which are affected by specific requirements relating to the design and built form of new development. The subject site and surrounding properties are located within the Development Plan Overlay Schedule 6. The purpose of the Development Plan Overlay Schedule 6 includes: This schedule applies to the undeveloped Residential 1 zone land generally bounded by Barrabool Road, Scenic Road, the Barwon River and the Outer Western Bypass alignment. The aim of the schedule is to ensure development occurs generally in accordance with the Wandana Structure Plan and to require a range of detailed planning issues to be resolved prior to commencement of development of the area.

102 Development Hearings Panel Page 102 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. Under Clause Easements, Restrictions and Reserves of the Particular Provisions, a permit is required before a person proceeds under Section 23 of the Subdivision Act 1988 to vary or remove a restriction. In this clause, restriction has the same meaning as in the Subdivision Act 1988 which is: a restrictive covenant or a restriction which can be registered, or recorded in the Register under the Transfer of Land Act Restrictive Covenant Covenant PS630452Y Details: Upon registration of this plan the following restriction is to be created. Land to benefit: Land in this plan Land to be burdened: Lots 301 to 318 (Both Inclusive). 320 and 323 to 341 (Both Inclusive). Description of Restriction: The registered proprietor or proprietors for the time being of a burdened lot to which this restriction applies shall not: 1. Construct or allow to construct any more than one dwelling per burdened lot. 2. Subdivide or cause to subdivide or allow to be subdivided the burdened lots to create additional lots. Covenant AJ097823H Details: The transferee hereby for themselves, their heirs, executors, administrators and transferees, the registered proprietor or proprietors for the time being of the land hereby transferred covenants with the said transferor and the other registered proprietor or proprietors for the time being of each and every lot on plan of subdivision PS630452Y other than the Lots hereby transferred that the said transferee his transferees, executors, administrators and assigns shall not at any time build, construct or erect or cause to be built constructed or erected or permit to remain erected on the said lot hereby transferred or any part thereof any building other than:- a) one new private residence with garage, carport, porch, pergola or other usual outbuildings having external walls not less than three quarters of which consist of brick, brick-veneer, timber, cement or glass materials (windows and doors excepted) and any building materials used on the land that are visible from the street shall not be second hand materials; or b) one new private residence in accordance with (a) above unless the local council deems the land appropriate as a duplex lot and in any such case no more than 3 new private residences may be constructed, and otherwise in accordance with (a) above; or c) one new private residence that complies with all relevant sections of Part 4 of the Building Regulations And it is tended that this covenant shall appear as an encumbrance affecting the same and every part thereof on the Certificate of Title to be issued in respect of the lot hereby transferred and further that this Covenant shall run at law until the expiration of the year Cultural Heritage Management Plan (CHMP)

103 Development Hearings Panel Page 103 The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of 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. 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..

104 Development Hearings Panel Page 104 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. 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 Clause requires the provision of four car spaces to be located on the land. A total of four car spaces are provided. Dwelling 1 & 2 will contain three or more bedrooms each therefore two car parking spaces with one being under cover must be provided. Both dwellings will be provided with a double garage with internal measurements of at least 5.5m x 6.0m. THE STATE PLANNING POLICY FRAMEWORK (SPPF): 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.

105 Development Hearings Panel Page 105 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 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. Ensure that sufficient land is available to meet forecast demand. Plan to accommodate projected population growth over at least a 15 year period and provide clear direction on locations where growth should occur. Residential land supply will be considered on a municipal basis, rather than a town-by-town basis. 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. Monitor development trends and land supply and demand for housing and industry. Maintain access to productive natural resources and an adequate supply of well-located land for energy generation, infrastructure and industry. Restrict low-density rural residential development that would compromise future development at higher densities Urban Design Objective To create urban environments that is 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.

106 Development Hearings Panel Page 106 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. 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 o o o Convenient and safe public transport. Safe and attractive spaces and networks for walking and cycling. Subdivision layouts that allow easy movement within and between neighbourhoods. 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.

107 Development Hearings Panel Page 107 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 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. 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 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.

108 Development Hearings Panel Page 108 THE LOCAL PLANNING POLICY FRAMEWORK (LPPF) AND MUNICIPAL STRATEGIC STATEMENT (MSS): Municipal Strategic Statement Urban Growth The objective of Clause of the Municipal Strategic Statement is to: limit urban sprawl by directing urban growth to designated urban growth areas. improve housing affordability through the maintenance of appropriate urban land supplies, the promotion of competition in the housing market and the development of a diverse range of well located housing stock. Strategies Direct the majority of new greenfield residential development to the designated primary urban growth areas at Armstrong Creek, Ocean Grove, Drysdale/Clifton Springs, Lara and Leopold. Maintain the non-urban break between Geelong and Werribee and, in particular, prevent further expansion of the Little River township boundary. Maintain the Geelong Ring Road as the western boundary of urban Geelong. Ensure that land use and development does not compromise the capacity or potential future development of areas designated for future urban growth, as shown on the relevant Structure Plan or Urban Growth Plan. Require a minimum residential density of 15 dwellings per hectare in all new urban growth areas. Ensure development occurs within designated settlement boundaries. Where possible use natural boundaries to define the edges of urban areas. Provide for infill urban growth in the Fyansford area. Prevent further subdivision and medium density housing in Breamlea. Limit rural living development to existing zoned land in the existing nodes at Lara, Drysdale/Clifton Springs, Wallington, Lovely Banks and Batesford. Ensure new residential neighbourhoods provide a mix of housing suited to the needs of a diverse range of household types 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.

109 Development Hearings Panel Page 109 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. 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.

110 Development Hearings Panel Page Wandana The objective of Clause of the Municipal Strategic Statement is to: provide for the orderly, staged development of Wandana. safeguard the Barwon River ecosystem and enhance its recreational potential, and the overall environmental integrity of the area. provide a safe and convenient access and movement system for all forms of transport that maximises permeability throughout the development and minimises the effects of traffic movements on nearby areas. provide an integrated system of open space which links to the Barwon River. provide for commercial and community facilities in appropriate locations. provide appropriately located scaled and designed residential development when viewed from the Barwon River, Buckley Falls Park or nearby lookouts. encourage retention of significant vegetation. encourage development that responds to natural landscape features. Strategies Manage land use and development generally in accordance with the Structure Plan map included in this Clause. Direct medium density development into central and flat locations. Require larger lots on slopes greater than 10%. Require smaller lots on gentle slopes and flat land. Locate a small neighbourhood shopping centre so that it has direct access to the collector street system. Locate community facilities central to the Wandana area and ensure that they are accessible via the collector street and public open space systems. Ensure that leisure facilities and passive and active open space areas are connected to the commercial/community/school centre. Extend the Buckley Falls Park around the Barwon River. Provide a metre setback public open space reservation along the south side of the Barwon River. Avoid residential development that is visually intrusive when viewed from the Barwon River, Buckley Falls Park or nearby lookouts. Require the landscaping of properties adjacent to the Barwon River environs with appropriate indigenous species. Retain significant stands of trees through sensitive subdivision and development plans. Minimise the number of cul-de-sacs throughout the development and link any cul-de-sacs with public open space reservations Direct traffic to identified outlets on Barrabool and Scenic Roads as shown on the Wandana Structure Plan map included in this Clause. Discourage through traffic from outside the area entering the collector street network. Design the collector street network to encourage low vehicle speeds and avoid the need for later Local Area Traffic Management plans. Ensure that all street alignments minimise earthworks, follow ridgelines and utilise opportunities to minimise landscape impact. Upgrade the intersections of the collector street system with Scenic and Barrabool Roads to cope with additional traffic. Ensure that the collector streets are capable of accommodating a public transport route. Incorporate bicycle and pedestrian paths into the road and public open space system. Segregate bicycle and pedestrian paths from roads and ensure that they have gentle gradients. Prohibit direct residential access to Barrabool and Scenic Roads.

111 Development Hearings Panel Page 111 Encourage the use of drainage/detention reserves for recreation. Connect the Ceres Lookout and Buckley Falls with a permeable system of linked open spaces through Wandana. Ensure that open space is provided on land which is useable, accessible and attractive. Provide local parks within walking distance of all dwellings. LPPF There are no Local Planning Policies relevant to this application. Referrals The following referrals were undertaken: Internal Department: Response: Officer Comment: Engineering Services The application was supported and standard conditions were suggested. Generally the suggested conditions have been included in the permit. AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION: The application was not amended prior to public notification. PUBLIC NOTIFICATION: The application was advertised pursuant to Section 52 of the Planning and Environment Act Specifically, Section 52(1AA) states: If an application is made for a permit to remove or vary a registered restrictive covenant or for a permit which would otherwise authorise anything which would result in a breach of a registered restrictive covenant, then unless the responsible authority requires the applicant to give notice, the responsible authority must give notice of the application in a prescribed form- (a) by placing a sign on the land which is the subject of the application; and (b) by publishing a notice in a newspaper generally circulating in the area in which that land is situated. Two signs were placed on site and letters were sent to the owners and occupiers of land adjoining and opposite, including those benefited by the restriction. Notices were published in both The Independent and Geelong Advertiser newspapers for one week. Council received two objections as a result of the advertising procedure. Both objectors are a beneficiary of the restriction.

112 Development Hearings Panel Page 112 One of the objectors, who is the developer of the estate and owns developed and undeveloped land which is burdened by the restrictive covenant, raised concerns in relation to how the variation of the covenant will have significant detrimental impact on existing and future landowners. The variation to the covenant will impact on the marketability of future lots and severely diminish the confidence of buyers in the benefit inherent in the covenant. Covenants provide certainty and protection from higher density development for prior and future owners of land. The other objector raised concerns in relation to the design of the proposed dwellings and the owners persistent attempts to remove the restrictive covenant. A Consultation Meeting was held with only one of the objectors attending, being the developer of the estate. No resolution was reached and both objections have been upheld. Assessment The purpose and decision guidelines of the zone and overlays including State and Local Planning Policies have been assessed as part of this application and the development is considered to comply. If the application was purely for development and subdivision it is likely Council would be supportive of the application. At issue is whether, as a consequence of removing the restrictive covenant, beneficiaries of the covenant would suffer detriment (including any perceived detriment). Clause (Easements, Restrictions and Reserves) is a permit trigger for this application. The decision guidelines within the provision require Council to consider the interests of affected people. As noted previously, the application was advertised and there are two objections to the proposal from beneficiaries of the restriction. The application is required to be assessed against Section 60 (2) of the Planning and Environment Act 1987 as the restriction was created after June The provisions of Section 60(2) are as follows: The responsible authority must not grant a permit which allows the removal or variation of a restriction (within the meaning of the Subdivision Act 1988) unless it is satisfied that the owner of any land benefited by the restriction (other than an owner who, before or after the making of the application for the permit but not more than three months before its making, has consented in writing to the grant of the permit) will be unlikely to suffer- (a) financial loss; or (b) loss of amenity; or (c) loss arising from change to the character of the neighbourhood; or (d) any other material detriment- as a consequence of the removal or variation of the restriction.

113 Development Hearings Panel Page 113 The variation of the restrictive covenant would allow for further subdivision of the site and/or for the construction of multi dwellings as proposed by the application. It is considered that property owners having purchased land, had an understanding that they are subject to the covenant and that the covenant guarantees no further subdivision and development on the land. This is considered to be a reasonable expectation given the covenant is registered on Title. It is considered the applicant has failed to demonstrate how the affected persons are unlikely to suffer material detriment as outlined in Section 60(2) of the Planning and Environment Act Although the application includes development, the objectors have not demonstrated to Council a potential loss of amenity or loss from change of character of the neighbourhood. However, it is not considered that the applicant has demonstrated that the beneficiaries would not suffer financial loss or any other material detriment as a result of the variation of the restriction. The subject site was purchased with the intention of developing the land with multiple dwellings even though the restriction applies to the land preventing such development. Although it would be of benefit to the applicant to have the restriction varied, it is not considered that there is reasonable justification to do so in this case. Council has received two objections, both from beneficiaries to the restriction. One of the objectors is the developer of the estate who owns developed and undeveloped land which is burdened by the restrictive covenant. In their objection they stated: To address your question on s60(2): if COGG were to allow multiple dwellings as proposed under permit application 59/2016, then Geelong Land Group as the registered proprietor will certainly suffer a detriment and financial loss: - Multiple dwelling sites in Highton Ridge Estate sell for around $50k+ more than a single dwelling lots; future buyers will not pay us a premium for future multiple dwelling lots if COGG allows buyers to buy, subdivide and build multiple dwellings on what was covenanted as a single dwelling lot. In a large development as Highton Ridge estate, this will cost us hundreds of thousands of dollars in lost revenue of all the future multiple dwelling lots. - People are paying $220-$300k+ for a house lot, and they are doing so because of the low densification of Highton Ridge Estate; this step away from the small lot subdivisions of Armstrong Creek and Fyansford is what defines the estate and area. Stage 6 of our estate starts at the end of Mosman, and multiple dwellings as this permit proposes on a visible corner will diminish the precise feeling we are trying to avoid. We try to place multiple dwelling sites tucked away on non-visible corners for that reason. While a planner may see multiple dwellings as a limited impost on noise, loss of privacy, building bulk, traffic, etc; future buyers sees this as just another subdivision in Geelong. This will impact our sales rates as we will look like every other estate. If we as developers did not care about this, we would not place a covenant on the lot. For these reasons, a restrictive covenant should not be removed without careful consideration of the issues caused to benefited land. If the applicant takes issue with this; they can go to VCAT, however proving future losses from Geelong Land Group is very clear given our substantial premium on future multiple dwelling lots will be taken away from us; along with other impacts to us and surrounding owners. Section 60(2) of the Act states that the responsible authority must not grant a permit which allows the removal or variation of a restriction unless it is satisfied that the owner of any land benefited by the restriction will be unlikely to suffer detriment or financial loss. In this case it is considered that the objector has demonstrated that they, as beneficiaries, will likely suffer detriment and financial loss. The applicant has not provided evidence to the contrary and on this basis it is considered that Council could not reasonably vary the restriction.

114 Development Hearings Panel Page 114 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 set out above, it is considered that the restriction should not be varied as it has not been demonstrated by the applicant that the requirements of Section 60(2) of the Planning and Environment Act 1987 have been met. The application must therefore be refused. Report prepared by Tracey McCooke

115 Development Hearings Panel Page 115 Application No: Applicant: Subject Land: Owner: Zone: Overlays: Existing: Proposal: PP H Sitha 25 Darriwill Street, Bell Post Hill H Sitha General Residential Zone Schedule 2 (GRZ2) Design Development Overlay Schedule 14 (DDO14) Single Storey Detached Dwelling Request for Extension of Time to commence the development and subdivision allowed by PP Subject Site 25 DARRIWILL STREET, BELL POST HILL