VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

administrative DIVISION

planning and environment LIST / vcat reference No. P1626/2016
Permit Application no. TPA/44089
APPLICANT / Poetica Architecture Pty Ltd
responsible authority / Monash City Council
SUBJECT LAND / 6 Katta Court
ASHWOOD VIC 3147
WHERE HELD / Melbourne
BEFORE / Dalia Cook, Member
HEARING TYPE / Hearing
DATE OF HEARING / 23 February 2017
DATE OF ORDER / 23 February 2017

Order

1  Pursuant to section 127 and clause 64 of Schedule 1 of the Victorian Civil & Administrative Tribunal Act 1998, the permit application is amended by substituting for the permit application plans, the plans filed with the Tribunal on 22 December 2016.

2  The decision of the responsible authority is set aside.

3  In planning permit application TPA/44089 a permit is granted and directed to be issued for the land at 6 Katta Court, Ashwood in accordance with the endorsed plans and the conditions set out in Appendix A. The permit allows:

·  The construction of three dwellings on a lot.

Dalia Cook
Member

Appearances

For Poetica Architecture Pty Ltd / Ms Robyn Gray, Town Planner, ARG Planning
For Monash City Council / Ms Adrianne Kellock, Town Planner, Kellock Town Planning Pty Ltd

Information

Description of proposal / Construction of three double storey townhouses
Nature of proceeding / Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit
Planning scheme / Monash Planning Scheme
Zone and overlays / General Residential Zone (Schedule 2)
No overlay controls apply
Permit requirements / Clause 32.08-4
Relevant scheme policies and provisions / Clauses 10, 11, 14, 16, 21, 22.01, 52.06 (Residential Development and Character Policy) in addition to the matters in clause 65 of the planning scheme
Land description / The subject land is at the end of a court bowl and has an irregular shape with a slope to the north and west. It has a total area of approximately 857 square metres.

reasons[1]

1  I delivered reasons orally at the conclusion of the hearing. Essentially, the amended plans had brought the proposal to the stage where it would warrant a permit, subject to refinement of issues such as overlooking, car access to one garage, the area of private open space for one of the dwellings and whether the entries had been designed suitably.

2  For reasons I gave, I consider that these matters either represent appropriate variations from the relevant ResCode standards, or could be addressed via conditions in a form agreed by the parties.

3  The key remaining concern of the responsible authority was whether the extent of separation between units 2 and 3 at upper level was acceptable, in terms of a response to character and amenity. I provided short form reasons for my finding that this aspect of the proposal, and the proposal in its entirety represented a suitable response to these considerations.

4  For these reasons, I have granted a permit for the proposal as amended.

Dalia Cook
Member

Appendix A – Permit Conditions

Permit Application No / TPA/44089
Land / 6 Katta Court
ASHWOOD VIC 3147
What the permit allowS
In accordance with the endorsed plans:
·  The construction of three dwellings on a lot.

Conditions

1  Before the development starts, three copies of amended plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. The submitted plans must clearly delineate and highlight any changes. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the amended plans circulated by the permit applicant prior to the VCAT hearing (prepared by Poetica Architecture Pty Ltd and numbered Drawing No’s TP00, TP01, TP03 to TP14 inclusive & TP16, all labelled Revision D and dated Dec 2016; TP02 (No Revision) dated Mar 2015 and Coloured Elevations (No TP No.) labelled Revision D and dated Dec 2016, but modified to show:

(a)  The location and design of any proposed electricity supply meter boxes. The electricity supply meter boxes must be located at a distance from the street which is at or behind the setback alignment of buildings on the site or in compliance with Council’s “Guide to Electricity Supply Meter Boxes in Monash”.

(b)  The location of gas and water meters.

(c)  Reconfigure the ground floor of Dwelling 1 to facilitate all vehicles exiting the garage in a single manoeuvre, without reducing the setback of the remainder of the dwelling from the northern side boundary.

(d)  Provision of a corner splay at least 50% clear of visual obstructions (or with a height of less than 1.2 metres), which may include adjacent landscaping areas with a height of less than 0.9 metres, extending at least 2.0 metres long x 2.5 metres deep (within the property) on the north side of the vehicle crossing to provide a clear view of pedestrians on the footpath of the frontage road.

(e)  Screening treatment of the following windows in accordance with the requirements of Standard B22 of Clause 55 of the Monash Planning Scheme, unless it can be satisfactorily demonstrated that screening is not required under the standard;

i  Unit 1: Window within south facing bedroom

ii  Unit 2: Window within south facing bedroom

iii  Unit 3: Windows within both the north facing bedroom and the south facing bedroom

(f)  The numbering of Tree No’s 10 and 12 on the adjoining land to the east, as set out in the ‘Arboriculture Assessment’ report prepared by Tree Logic and dated 16 August 2015 (Tree Logic Report).

(g)  The location of Tree No. 10 on the adjoining land to the east.

(h)  The Tree Protection Zone (TPZ) of Tree No. 10 as set out in the Tree Logic Report and the reduced TPZ of Tree No. 12 (Section 6.5.1 of Tree Logic Report), as well as the location of Tree Protection Fencing for both trees as recommended in the Tree Logic Report (to follow the edge of the easement).

(i)  The notations set out at Section 6.4.1 of the Tree Logic Report for Tree No. 10 and sections 6.5.3 and 6.5.6 for Tree No.12.

(j)  The notations in 6.5.4 and 6.5.5 for Tree No. 12 if any works are proposed within the Tree Protection Zone.

(k)  A notation that existing soil levels within the TPZs of Tree No’s 10 and 12 must not be altered during construction including the landscaping phase.

(l)  Face brickwork reinstated on all ground floor external elevations generally consistent with the plans determined by the responsible authority.

2  The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

3  The existing street treewill be removed and replaced by Council at the cost of the permit holder. Payment of $2442.60 to Council from the permit holder is required prior to the commencement of the development. Note- This amount is valid for 6 months from the date of issue of the permit.

4  Open cut excavation for installation of underground services such as water, drainage, electricity, gas, telecommunications, security or any other landscape feature is not permitted within the TPZ area of Tree No’s 10 and 12 unless approved by the site arborist and the Responsible Authority.

5  Tree Protection Fencing must be maintained around Tree No’s 10 and 12 for the duration of the construction process including landscaping to the satisfaction of the Responsible Authority. Where TPZ fencing is impractical, ground protection measures must be implemented in order to prevent root damage and soil compaction.

All of the TPZ management guidelines set out at Appendix 4 of the Tree Logic Report must be adhered to and implemented within the TPZ of Tree No’s 10 and 12 to the satisfaction of the Responsible Authority. Written confirmation from the arborist is to be provided that the measures detailed in the report required before, during and after construction (if applicable) have been implemented.

6  All common boundary fences are to be a minimum of 1.8 metres above the finished ground level to the satisfaction of the Responsible Authority. The fence heights must be measured above the highest point on the subject or adjoining site, within 3 metres of the fence line.

7  A landscape plan prepared by a Landscape Architect or a suitably qualified or experienced landscape designer, drawn to scale and dimensioned must be submitted to and approved by the Responsible Authority prior to the commencement of any works. The plan must show the proposed landscape treatment of the site including:-

(a)  the location of all existing trees and other vegetation to be retained on site

(b)  provision of canopy trees with spreading crowns located throughout the site including the major open space areas of the development

(c)  planting to soften the appearance of hard surface areas such as driveways and other paved areas

(d)  a schedule of all proposed trees, shrubs and ground cover, which will include the size of all plants (at planting and at maturity), their location, botanical names and the location of all areas to be covered by grass, lawn, mulch or other surface material

(e)  the location and details of all fencing

(f)  the extent of any cut, fill, embankments or retaining walls associated with the landscape treatment of the site

(g)  details of all proposed hard surface materials including pathways, patio or decked areas

When approved the plan will be endorsed and will then form part of the permit.

8  Before the occupation of the buildings allowed by this permit, landscaping works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

9  The walls on the boundary of adjoining properties shall be cleaned and finished in a manner to the satisfaction of the Responsible Authority.

10  All on-site stormwater is to be collected from hard surface areas and must not be allowed to flow uncontrolled into adjoining properties. The on-site drainage system must prevent discharge from driveways onto the footpath. Such a system may include either:

(a)  trench grates (150 minimum internal width) located within the property; and/or

(b)  shaping the driveway so that water is collected in a grated pit on the property: and/or

(c)  another Council approved equivalent

11  Stormwater discharge is to be detained on site to the predevelopment level of peak stormwater discharge. Approval of any detention system is required from Council prior to works commencing. Please refer to notes section of this permit for additional details.

12  The nominated point of stormwater connection for the site is the west corner of the property where it must be collected and free drained via a pipe to the kerb and channel to Council’s standards. Note: If the point of discharge cannot be located then notify Council’s Engineering Division immediately.

13  Any new drainage work within the road reserve requires the approval of the City of Monash’s Engineering Division prior to the works commencing. Please refer to notes section of this permit for additional details. A refundable security deposit of $500 amount is to be paid prior to the drainage works commencing.

14  Engineering permits must be obtained for new or altered vehicle crossings and for new connections to Council drains and these works are to be inspected by Council (telephone 9518 3555).

15  The redundant crossing is to be removed and reinstated with kerb and channel to the satisfaction of Council.

16  The proposed crossing is to be constructed in accordance with the City of Monash standards.

17  All new crossings must be a minimum of 3.0 metres in width.

18  All new crossings are to be no closer than 1.0 metre measured at the kerb to the edge of any power pole, drainage or service pit, or other services.

19  Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

20  This permit will expire in accordance with section 68 of the Planning and Environment Act 1987, if one of the following circumstances applies:

·  The development is not started before 2 years from the date of issue.

·  The development is not completed before 4 years from the date of issue.

In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

– End of conditions –

VCAT Reference No. P1626/2016 / Page 7 of 8

[1] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.