Planning and Environment Regulations 2005 Form 9

Planning and Environment Regulations 2005 Form 9

Panel – v3 – Stockland – C176

PLANNING
PERMIT
GRANTED UNDER DIVISION 5 OF PART 4 OF THE PLANNING AND ENVIRONMENT ACT 1987 / Permit no.: WYP6217/12
Planning scheme: Wyndham Planning Scheme
Responsible authority: City of Wyndham
Address of the Land: / Hogans Road (Lot 3 on LP 136754)
540 Hogans Road (Lot 2 on PS 500009U)
542 Hogans Road (Lot 1 on LP 136754)
180 Davis Road (Lot 1 on TP 703106)
all in Tarneit
The Permit allows: / Subdivision of land in accordance with the plan endorsed under this permit and subject to the conditions set out in this permit.

The following conditions apply to this permit:

Part 1 – Conditions required to be satisfied before Certification of the Plan of Subdivision

1)  Before the certification of the plan of subdivision under the Subdivision Act 1988 a Stormwater Management Strategy report for the application is to be prepared to the satisfaction of Melbourne Water. The report is to consolidate material previously submitted in relation to drainage and water quality treatment, and provide any additional information required by Melbourne Water. The report is to confirm the dimensions of any drainage or natural waterway reserve within or adjacent the land, including any associated water quality treatment assets, to the satisfaction of Melbourne Water. The report is also to consider:

a)  Directing stormwater runoff into nature strips, medians and other planted areas

b)  Local stormwater harvesting for irrigation of public open space

c)  Provision of enhanced liveability through more canopy coverage reduced hard surfaces, increased green space etc.

d)  Increased use of water sensitive urban design in the development.

General modified subdivision plan

2)  A plan of subdivision must not be lodged with the Council for certification under the Subdivision Act 1988 until a modified plan has been submitted to and approved by the responsible authority. When approved the plan will be endorsed and will then form part of this permit. The plan must be generally in accordance with plan reference (Davis Road, Tarneit, Lot Density Plan, Drawing ref: 8352_UD_LDP02_V18, dated 13/11/2013 by bpd) submitted with the application but modified to show:

a)  replace annotation 'shared path to be extended by others' with 'shared path to connect to the Werribee River Shared Trail'

b)  Re-design the frontages to Hogans Road to reflect its availability to provide direct property access between the Davis Creek and Davis Road

c)  The plans clearly identifying the alignment of the access street for Stage 2 so that it is aligned with the existing row of trees to be retained on the property to the west.

d)  cross sections detailing trunk service locations throughout the subdivision area

e)  update all connector streets to comply with the 25.5m cross section detailed in the approved Riverdale Precinct Structure Plan (‘the PSP’)

f)  detail the location of the 'on-road bike lane & shared paths' along Davis and Hogans Road & off-road bikeways' along the east-west connector in accordance with Plan 7 (public transport & path network) shown in the Riverdale Precinct Structure Plan ensuring that the provide the following:

1. safe and convenient crossing points of connector roads and local streets at all intersections;
2. safe and convenient transition between on and off-road bicycle networks.

g)  demonstrate waterway setbacks as approved by Melbourne Water have been provided;

h)  locate the shared path on the perimeter of the Biodiversity Conservation Strategy approved Growling Grass Frog corridor;

i)  Demonstrate the plans comply with the Conservation Area Interface Cross Sections in the Riverdale PSP;

j)  Revise the staging plan to extend all stages abutting a waterway to the centre of the waterway corridor;

k)  Any amendment to the subdivision plan as a result of a stormwater management strategy submitted to and approved by Melbourne Water under condition 1;

l)  An intersection at the intersection of Davis and Sayers Roads including works that protects the intersection from the impacts of the 1:100 year flood event (the later to the satisfaction of Melbourne Water) and accommodate a Growling Grass Frog passage to the satisfaction of the Department of Environment and Primary Industries;

m)  to show a roundabout in stage 18 on the north-south road and first intersection off Hogans Road;

n)  to provide a 3m pedestrian carriageway reserve to any lots with rear vehicle access only and fronting an open space reserve or a 5m pedestrian carriageway reserve to any lots fronting a conservation area.

3)  Before the certification of a plan of subdivision, or any other time agreed by Council a functional layout plan for the subdivision or the stage of subdivision must be submitted to and approved by the responsible authority. When approved the functional layout plan will be endorsed and will then form part of the permit. The functional layout plan must be drawn at a scale of 1:500 or at another scale which the responsible authority agrees with dimensions and three copies provided and an electronic copy (PDF) must also be provided. The functional layout plan must be generally in accordance with the application plans but incorporate the following:

e)  Any amendment to the subdivision plan as a result of a stormwater management strategy submitted to and approved by Melbourne Water under condition 1;

f)  A subdivision layout drawn to scale, including proposed street names, lot areas, lot numbers and widths of street reservations;

g)  Topography and existing features, including contours for the subject land and any affected adjacent land;

h)  The location of all trees (or group of trees) existing on the site, including dead trees and those that overhang the site from adjoining land;

i)  Details of tree protection zones for all trees to be retained on site;

j)  Any trees proposed for removal from the site clearly designated;

k)  Typical cross-sections for each street type, dimensioning individual elements, subdivisional services offsets, trunk services, high voltage electricity lines and any other spatial requirements identified in the precinct structure plan applying to the land;

l)  A table of offsets for all utility services and street trees;

m)  Location and alignment of kerbs, indented parking spaces, footpaths, shared paths, bus stops and traffic controls such as signals, roundabouts, splitter islands, pavements, speed bumps or similar;

n)  Splays of a minimum 3 metres x 3 metres dimension at all intersections of the local road network excepting an intersection with a laneway where the splay may be a minimum of 2 metres x 2 metres;

o)  The proposed minor drainage network and any land required for maintenance access;

p)  The major drainage system, including any watercourse, lake, wetland, silt pond, and/ or piped elements showing preliminary sizing;

q)  Overland flow paths (100 year ARI) to indicate how excess runoff will safely be conveyed to its destination approved by the relevant drainage authority;

r)  Drainage outfall system (both interim and ultimate), indicating legal point of discharge and any access requirements for construction and maintenance;

s)  Preliminary location of reserves for electrical kiosks.

t)  Works external to the subdivision, including both interim and ultimate access requirements.

u)  Intersections with (Davis and Hogans Road) showing interim and ultimate treatments.

v)  Subdivision or a stage of subdivision that is not adjacent to existing or approved infrastructure:

i.  the relationship between the subject subdivision stage and surrounding land.

ii.  proposed linkages to future streets, open space, regional path network and upstream drainage.

w)  Proposed drainage infrastructure and any other infrastructure proposed within or over a drainage reserve, such as road or pedestrian bridges to the satisfaction of Melbourne Water.

x)  Safe turning areas at each temporarily terminated road.

Public Infrastructure Plan

4)  Before the plan of subdivision for the first stage is certified under the Subdivision Act 1988 a Public Infrastructure Plan (PIP) must be submitted to and approved by the responsible authority.

Where this permit is for part of a broader subdivision of land by the permit holder, the PIP must relate to the land in this permit and as far as reasonably practicable the broader land as shown in the PSP.

5)  Once approved, the PIP must be implemented to the satisfaction of the responsible authority.

6)  The PIP may be amended with the prior written consent of the responsible authority.

7)  The PIP must show the proposed location, type, staging and timing of delivery of all infrastructure on the land which is identified in the PSP and Wyndham North Development Contributions Plan’ (‘the DCP’), or which is otherwise reasonably required on or to the land or on any other land as a result of the subdivision of the land. Without limiting the extent of what must be shown on and in the PIP it must include the following to the satisfaction of the responsible authority:

a)  The extent of any storm water drainage works and road works proposed or required under this permit.

b)  The land which is required to be set aside for infrastructure identified in the DCP or the PSP including land required for public open space, community facilities and any proposed reconciliation payment in respect of the land having regard to its value set out in the DCP.

c)  An estimate of the extent of equalisation which is required in respect of public open space to be provided having regard to the PSP and the DCP.

d)  Subject to the consent of the Collecting Agency, any infrastructure works set out in the DCP which can be provided “in lieu” of development contributions in accordance with the DCP.

e)  Any other relevant matter related to the provision of infrastructure reasonably required by the responsible authority.

The PIP may be amended with the consent of the responsible authority.

The PIP must specifically address the following to the satisfaction of the responsible authority:

1. The construction and timing of works, including relevant parts of Sayers, Bethany, Davis and Hogans Roads, and their intersections, as appropriate to the development, plus associated paths and other works required to access the development;
2. Definition of works to be in place before the issue of Statement of Compliance of any relevant stage.

8)  Before the certification of a plan of subdivision or at such other time which is agreed between Council and the owner, if required by the responsible authority or the owner, the owner must enter into an agreement or agreements under section 173 of the Planning and Environment Act 1987 which provides for:

a)  The implementation of the Public Infrastructure Plan approved under this permit.

b)  The equalisation of open space having regard to the areas set aside in a plan of subdivision and the amount specified in the schedule to clause 52.01;

c)  The timing of any payments to be made to a person in respect of any infrastructure project having regard to the availability of funds in the DCP or the public open space account;

d)  The deferral of DCP payments for land by the Council to enable that funding to be put towards DCP infrastructure items on the land, as agreed between the Council and the permit holder;

e)  Any works-in-kind the owner wishes to undertake, including any sharing arrangement between developers, if applicable.

Plans for certification

9)  The Small Lot Housing Code incorporated into the Wyndham Planning Scheme is endorsed under this planning permit

10)  The plan(s) of subdivision submitted for certification must be generally in accordance with the endorsed plans but modified to show the following to the satisfaction of the responsible authority:

a)  All existing and proposed easements and sites for existing or required utility services and roads on the land in favour of the relevant authority for which the easement or site is to be created. An easement must not detrimentally impact on the primary function of a recreation reserve unless agreed by Wyndham City Council.

11)  A restriction on the Plan of Subdivision to the effect that development must not be constructed otherwise than in accordance with the Small Lot Housing Code on the lot(s) to which it applies.

12)  A restriction which provides that no dwelling or commercial building may be constructed on any lot unless the building incorporates dual plumbing for the use of recycled water in toilet flushing and garden watering should it become available.

13)  A restriction on the plan of subdivision to the effect that development must not be constructed otherwise than in accordance with approved design guidelines for lots proposed to be accessed by a rear access way and to which the Small Lot Housing Code does not apply. The design guidelines within the restriction must include:

i.  A material schedule detailing garage finishes, including building materials, mechanical doors, colours, paving treatments and landscaping treatments to the rear of the subject lots;

ii.  Corner allotments are to provide two storey building envelopes on rear garages to allow for the option of development of studios or decks above the rear garage; and,

iii.  The rear garages shall use a variety of roof lines, and may include pitched rooflines and reversed angled rooflines.

all to the satisfaction of the responsible authority.

14)  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.

Kangaroo Management Plan

15)  Before the certification of the plan of subdivision, a Kangaroo Management Plan must be submitted to and approved by the Secretary to the Department of Environment and Primary Industries. Once approved the plan will be endorsed by the Responsible Authority and form part of the permit.

Agreement with relevant authorities for utility services

16)  The owner of the land must enter into agreements with:

a)  the relevant authorities for the provision of potable water supply, recycled water supply, drainage, sewerage facilities, electricity and gas to each lot shown on the endorsed plans

17)  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