MINUTES OF THE Urban Planning Committee Meeting

HELD AT THECouncil Chamber, Moreland Civic Centre, 90 Bell Street, Coburg

ONWednesday 27 July 2016

The meeting commenced at 6.30 pm and closed at 9.23 pm.

Present: / Time In / Time Out
Cr Helen Davidson (Chair) / 6.30 pm / 9.23 pm
Cr Meghan Hopper / 6.30 pm / 9.23 pm
Cr John Kavanagh / 6.30 pm / 9.23 pm
Cr Lambros Tapinos / 6.30 pm / 9.23 pm
Cr Rob Thompson / 6.30 pm / 9.23 pm

APOLOGIES:

Cr Gillies.
Cr Hopper moved, Cr Kavanagh seconded that the apology for Cr Gillies be accepted.
Carried

OBSERVERS:

Nil.

OFFICERS:

Group Manager City Development – Phillip Priest

Planning Co-ordinator – Mark Hughes

Planning Co-ordinator – Robert Shatford

Principal Urban Planner – Lauren Lees

Senior Urban Planner – Niall O’Brien

Governance Officer – Saskia Hunter

A minutes silence was held in memory of Moreland City Council’s first Mayor and Councillor Mike Hill.

CONFIRMATION OF MINUTES:

Cr Kavanagh moved, Cr Hopper seconded that the minutes of the Urban Planning Committee Meeting held on 22 June 2016 be confirmed.
Carried

INTERESTSAND/ORCONFLICTOFINTERESTS:

Nil.

COMMITTEE REPORTS:

DCS39/16Proposed lease of Council land at Sparta Place, Brunswick (D16/231955)
The owner of 1 Sparta Place, Brunswick has requested to lease a part of Council land adjacent to their premises for restaurant trading (tables and chairs).
The owner has been informed that the granting of a lease is subject to Council decision and Council undertaking its statutory requirements in accordance with Section 190 and Section 223 of the Local Government Act 1989.
At its meeting on 11 November 2015 (DCS91/15) Council resolved to commence the statutory process under section 190 of the Local Government Act 1989 (the Act) to lease the land at Sparta Place, Brunswick.
A public notice for the proposed lease was placed in the Moreland Leader newspaper on 30 November 2015. Council has received two written submissions in response to the public notice.
The purpose of this report is to receive any submissions made, and hear any person that wishes to be heard in support of their submission.
Following the receiving and hearing of submissions a further report will be presented to Council for a final decision to be made on the proposed lease of land.
Cr Kavanagh moved, Cr Tapinos seconded that -
The Urban Planning Committee resolve:
1.To note that public notice was given in the Moreland Leader newspaper on 11 November 2015 regarding Council’s intention to lease land at Sparta Place, Brunswick pursuant to sections 190 and 223 of the Local Government Act 1989.
2.To receive the submission made in response to the advertised proposed lease.
3.That a report on the submissions be prepared for Council’s consideration regarding its intention to either lease or not lease the land at Sparta Place, Brunswick.
4.To notify the person who made the submission in writing once a decision has been made by Council.
Carried
DED57/161 Ray Street, Pascoe Vale - Planning Permit Application MPS/2016/45 (D16/206075)
The application seeks approval for the construction of four double storey dwellings with a basement carpark. The application was advertised and 65 objections were received. The main issues raised relate to neighbourhood character, excessive density and that basement car parking is not in keeping with the area.
A targeted consultation meeting was held with objectors located closest to the subject site on the 9 June 2016. Following this meeting, the applicant informally submitted amended plans providing increased fencing heights, screen vegetation and illustrating the location of air conditioning equipment on the ground floor. A Planning Information and Discussion meeting was held on 4 July 2016. No further changes have been made as a result of this meeting.
The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme.
The key planning considerations are:
Is the proposal, including a basement carpark, appropriate in this context;
Compliance with Clause 55 (ResCode);and
Response to the previous VCAT refusal associated with previous application.
Substantial changes have been made in response to the VCAT refusal of a previous proposal including reducing the height from three storeys to two storeys and reducing the number of dwellings from 12 dwellings to four dwellings.
Subject to conditions of approval which increase the provision of landscaping and separation of dwellings at first floor, the proposal is considered to respond adequately to Council’s Neighbourhood Character policy. A high level of compliance with Clause 55 has also been achieved. The proposal is generally in accordance with the requirements of the planning scheme with decreases in the basement area increasing the provision for deep rooted landscaping and reduction of the first floor footprint to increase the separation of the first floors when seen from the northern and southern elevations.
It is recommended that a Notice of Decision to Grant a Planning Permitbe issuedfor the proposal.
Cr Kavanagh moved, Cr Tapinos seconded that -
The Urban Planning Committee resolve:
That a Refusal to Grant a Planning Permit No. MPS/2016/45 be issued for the construction of four double storey dwellings with a basement car park at 1 Ray Street, Pascoe Vale on the following ground:
1.The proposed development fails to comply with Clauses 22.01 (Neighbourhood Character) and 55.02-1 (Neighbourhood Character) of the Moreland Planning Scheme. In particular:
a)The ramped accessway due to its excavation and retaining walls will be a dominant element within the streetscape.
b)The ramped accessway will result in the development appearing part three storeys which does not respect the prevailing built form scale, siting and appearance of the surrounding context.
c)The basement limits landscaping opportunities in side setbacks.
2.The application is an overdevelopment of the site and site coverage does not comply with the objectives of the Moreland Planning Scheme 55.03-3 objective standard B8 in that the proposal does not consider the site coverage of the adjacent properties and the visual bulk is not acceptable in the neighbourhood.
3.The double storey in the rear backyard adjacent to private open space does not comply with Council’s policy.
4.The overlooking and overshadowing of the proposal to the south of the development is excessive and intrusive to the development.
Carried

7.48 pmCr R Thompson left the Council Chamber.

7.49 pmCr R Thompson returned to the Council Chamber and resumed his seat.

DED58/1647 John Street, Brunswick East - Planning Permit Application MPS/2015/884 (D16/210931)
The application seeks retrospective approval for the use of the site for animal boarding (day care of domestic dogs) which commenced without a planning permit in December 2014. The application was advertised with13 objections received and 115 letters of support. The main issues raised in objections are noise, disposal of dog faeces, EPA guidelines for kennels and dog behaviour in a nearby park. The key issues raised by supporters include provision of a local service, including employment generation, that the area is inappropriate for residential development and a requirement for noise attenuation to be considered for nearby development.
The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme.
The key planning consideration is whether an animal boarding facility complements the purpose of the Mixed Use Zone.
The location is inappropriate for the proposed animal boarding use (day care of domestic dogs) based on the policy directives of Clause 22.02 (discretionary uses within residential zones) particularly that the noise generated by the use will impact on the residential amenity of the local area. Further the purpose of the Mixed Use Zone at Clause 32.04 is to provide for a mix of uses that complement the mixed-use function of the locality.
It is recommended that a Notice of Refusal be issuedfor the proposal.
Cr Hopper movedthat -
The Urban Planning Committee resolve:
That a Notice of Refusal to Grant a Planning Permit No. MPS/2015/884 be issued for retrospective use of the land for animal boarding (day care of domestic dogs) and display of business identification signageat 47 John Street, Brunswick East, subject to the following grounds of refusal:
1.The use is contrary to the purpose of the Mixed Use Zone of the Moreland Planning Scheme. In particular the proposed use fails to complement the mixed-use function of the locality due to noise generated from the site impacting on the amenity of residential uses.
2.The use is contrary to the objectives of the Discretionary Uses in Residential Areas local planning policy at Clause 22.02 of the Moreland Planning Scheme because the noise generated by the use fails to ensure that the discretionary use within a residential zone does not unreasonably impact residential amenity.
Lapsed for want of a seconder
Cr Tapinos moved, Cr Kavanagh seconded -
That a Notice of Decision to Grant Planning Permit No. MPS/2015/884be issued for the use of the land for animal boarding (day care of domestic dogs) and display of business identification signage at 47 John Street, Brunswick East, subject to the following conditions:
Amended Plans:
1.Within 1 month from the issue of this permit, 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 three copies must be provided. The plans must be generally in accordance with the plans (advertised 25 February 2016) but modified to show:
a)Any practical changes to the plans required by condition 3 (waste management) of this permit.
b)Any practical changes to the plans required by condition 5 (acoustic report) of this permit.
Secondary Consent:
2.The use of land as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. This does not apply to any exemption specified in Clauses 62.01 of the Moreland Planning Scheme unless specifically noted as a permit condition.
Waste Management
3.Within 1 month from the date of issue of this permit, a Waste Management Plan must be submitted and approved to the satisfaction of the Responsible Authority. The Plan must include, but not be limited to the following:
a)Calculations showing the amount of garbage and recycling expected to be generated;
b)A statement of whether the garbage, dog waste and recycling will be collected by Council or a private collection, stating the size of bins, frequency of collection and hours of collection;
c)Include a plan showing the location of the bin storage area on the site and details of screening from public view;
d)Include a dimensioned plan showing the storage area is sufficient to store the required number of bins in a manner that allows easy access to every bin;
e)Detail the ventilation to prevent garbage odours adversely impacting nearby dwellings;
f)Detail the ease of taking the fully loaded waste bins to the point of waste collection;
g)State where and when the bins will be placed for waste collection;
h)Confirm that the bins will be removed from the street promptly after collection; and
i)Include a plan showing where the waste trucks will stop to service the waste bins and state whether No Parking restrictions will be required for the waste trucks to access that space (e.g. 6am-midday, Wed).
When submitted and approved to the satisfaction of the Responsible Authority, the Waste Management Plan and associated notated plans will form part of this permit.
4.The Waste Management Plan approved under this permit must be implemented and complied with at all times to the satisfaction of the Responsible Authority unless with the further written approval of the Responsible Authority.
Acoustic Report:
5.Within 1 month from the issue of this permit, an amended Acoustic Report (SVT Engineering Consulting Report - 1401566FN01) must be submitted and approved to the satisfaction of the Responsible Authority. The report must include, but not be limited to the following:
a)Recommendations of acoustic attenuation measures to be incorporated into the existing building to minimise the impact of noise from the boarding of domestic dogs.
b)Recommendations of acoustic attenuation measures to ensure that the development and use complies with State Environment Protection Policy SEPP N1 - Control of noise from commerce, industry and trade.
When submitted and approved to the satisfaction of the Responsible Authority, the Acoustic Report will be endorsed to form part of this permit.
6.Construction and maintenance of the buildings must be in accordance with the recommendations contained within the approved Acoustic Report to the satisfaction of the Responsible Authority. The Acoustic Report endorsed under this permit must be implemented and complied with at all times to the satisfaction of the Responsible Authority unless amended with the further written approval of the Responsible Authority.
7.Within 2 months of the completion of the buildings and works shown on the endorsed plans and specified in condition 5, acoustic testing is to be carried out to ascertain whether the use complies with the maximum noise levels prescribed by SEPP N-1. The testing is to be carried out by an independent acoustician approved by the Responsible Authority. If the testing reveals that the use does not meet the specified maximum noise levels the buildings and works must be modified to make the use compliant with those levels. After any modifications have been made further acoustic testing must be carried out to ascertain whether the use complies with the prescribed noise levels. All acoustic testing is to be carried out during a busy period. The results of testing are to be provided to the Responsible Authority and made available to the public. For the purpose of this condition “busy period” means when at least 25 dogs are being kept on the land. All to the satisfaction of the Responsible Authority.
8.Noise levels associated with the use must at all times comply with the State Environment Protection Policy (Control of noise from commerce, industry and trade) No. N-1. Should the Responsible Authority deem it necessary, the owner and/or occupier of the land must submit an acoustic report to the satisfaction of the Responsible Authority to demonstrate compliance with, the State Environment Protection Policy SEPP N1 - Control of noise from commerce, industry and trade. If the acoustic report reveals that the use does not meet the specified maximum noise levels the buildings and works must be modified within 2 months to make the use compliant with those levels.
Use:
9.The maximum number of domestic dogs cared for in the centre must not exceed 50 at any one time to the satisfaction of the Responsible Authority.
10.Other than for the routine cleaning of the centre, the use hereby permitted must operate only between 7:00am to 6:30pm Monday to Friday (excluding public holidays).
11.No overnight animal boarding is permitted.
Signage conditions:
12.The location, dimensions, shape and associated structures of every sign must accord with the endorsed plans and must not be altered, unless with the consent of the Responsible Authority.
13.Every sign on the land must be maintained in good condition to the satisfaction of the Responsible Authority.
14.The sign(s) approved by this permit must not be animated or contain any flashing light.
15.No part of the sign(s) approved by this permit must be internally or externally illuminated.
Expiry
16.The sign(s) approved by this planning permit must be removed within 12 months from the issue of this planning permit.
17.The use of the land for the purpose of animal boarding must cease within 12 month from the issue of this planning permit.
Carried
DED59/16528B Sydney Road, Brunswick - Planning Application MPS/2015/747 (D16/138460)
The application seeks approval for the use of the land for the sale and consumption of liquor associated with a tavern, construction of buildings and works to the ground floor facade and reduction in the loadingbay requirements. The application was advertised withten objectionsand one letter of support received. The main issues raised in objections include trading until 1am, the proximity of the site to the residential zone and the cumulative impact of venues contributing to amenity impacts on nearby residential and commercial properties.
A Planning Information and Discussion meeting was held on16 June 2016. All objectors were invited to attend this meeting. In attendance were four objectors and the applicant. At the meeting the applicant agreed to reduce their service of liquor hours from 1:00am to 11:00pm.
The report details the assessment of the application against the policies and provisions of the Moreland Planning Scheme.The key planning consideration is whether the sale and consumption of liquor will result in unreasonable amenity impacts to the surrounding residential area. Recommended conditions restrict patron numbers to 40, limit the sale and consumption of liquor to between the hours of 11am and 11pm, limit the provision of music to background only and prohibit amplified music being played in the smoking area and outside the building. The conditions will ensure the proposal will not unreasonably impact upon the amenity of the adjoining properties.