Minutes of the Meeting Held at Brougham Street Office

Development Hearings Panel Page 1

Meeting No. 544

Date: 18 May 2017

CITY OF GREATER GEELONG

DEVELOPMENT HEARINGS PANEL

MINUTES OF THE MEETING HELD AT BROUGHAM STREET OFFICE,

100 BROUGHAM STREET, GEELONG

ON THURSDAY, 18 MAY 2017

Meeting opened at 5:04pm.

1.COMMITTEE MEMBERS PRESENT:

RORY O”LOGHLEN, JESSICA HURSE, PETER SMITH, JOHN BRYCE

2.OTHER OFFICERS PRESENT:

LANA KRAUSAS, LINDSAY JACGUNG

3.APOLOGIES:

NIL

4.CONFIRMATION OF MINUTES:

MOVED: JOHN BRYCE SECONDED: PETER SMITH

That the minutes of the meeting of 4 May 2017 as circulated be adopted.

Carried

5.DECLARATION OF INTEREST:

NIL

6.MATTERS FOR CONSIDERATION:

15 ANTHONY STREET, NEWCOMB

Summary

•The subject site is located on the eastern side of Anthony Street approximately 140 metres south of Richard Street. The site is a rectangular allotment, with a street frontage of 16.76 metres and a depth of 46.29 metres resulting in a site area of 775.82 square metres.

•The site and surrounds are relatively flat, with no fall occurring across the site.

•The site is currently occupied by a single storey weatherboard clad dwelling, with a tiled gable roof form. The site receives vehicular access from a crossover located along the northern boundary of the site, with a carport and garage located to the rear of the dwelling.

•The site is located approximately 65 metres east of the Ervin Reserve, and 250 metres north east of the Newcomb Secondary College. The locality is well serviced with access to public transport, commercial premises, and community and education services.

•The subject site is situated within the General Residential Zone, Schedule 2 and is not subject to any overlays. Residential land within the immediately adjoining area is affected by the same planning controls. A Special Building Overlay applies to land further to the north and south of the site.

•There are areas of Public Park and Recreation Zone located to the west of the subject site, and a Residential Growth Zone Schedule 2 located to the south west of the subject site. Land approximately 150 metres east of the subject site is an area of land situated within the Low Density Residential Zone.

•Sites within the immediately surrounding area are predominantly single storey dwellings on a lot, with a number of second dwellings present amongst Anthony Street.

•The application proposes the construction of a second dwelling and a two (2) lot subdivision.

•The proposed dwelling will be single storey in design, contain three bedrooms and be provided with two on site car spaces in the form of a double garage which will be accessible from the existing crossover along the northern boundary.

•The proposed dwelling will have a face brick cladding exterior, with elements of fibre cement sheeting incorporated into the front façade. The roof will be constructed of colorbond with a hipped roof form.

•The original dwelling will not be altered. The dwelling has three bedrooms, and will be provided with two car spaces from a shared driveway in the form of a single car garage and a tandem car space. The tandem space will be required to be distinguished from the common property area from either a difference in texture or colour as per a permit condition.

•The application was advertised by letters to adjoining land owners and occupiers and by a sign on the site. A petition was originally lodged with the application, which then resulted in each petitioner lodging individual objections. As a result a total of twenty three (23) objections were received for the proposal. Common concerns raised by the objectors about the proposal include the over development of the site, the ability of the site to accommodate additional storm water drainage and its affect on the street, additional traffic and parking concerns, flooding concerns, and the character of the street. Objectors were generally opposed to the construction of a second dwelling at the site.

•A consultation meeting was held with the majority of objectors and the applicant on the 26th April 2017. As the primary concerns related to the construction of a second dwelling, no amendments were made.

•The application has been assessed against the relevant clauses of the State and Local Policy

Frameworks, the General Residential Zone Schedule 2, and the objectives and standards of Clause 55 and 56. It was considered that the proposal responds 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: RORY O’LOGHLEN SECONDED: JESSICA HURSE

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 Second Dwelling and Two (2) Lot Subdivision at 15 Anthony Street, NEWCOMB 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 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 revised plans submitted 13 February 2017 but modified to show:

a)Raise sill height of Unit Two (2) Bedroom One (1) window to 1400mm.

b)internal alterations to the existing dwelling that result in it being a two bedroom dwelling.

c)a larger area of common property on the plan of subdivision based upon one car space being provided to the existing dwelling.

Endorsed Plans

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

Pump System

3.Unless otherwise approved by the Responsible Authority, 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 1987. 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.

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)Details of surface finishes of pathways and driveways;

b)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;

c)Landscaping and planting within all open areas of the site;

d)Details of surface finishes of pathways and driveways including a delineated colour or texture for the tandem car space for unit one (1);

e)A softening of the hard surfaces proposed through the provisions of landscaping along the north boundary;

f)One canopy tree per dwelling.

g)the removal of concrete from the secluded private open space of the existing dwelling and replacement with a permeable material;

When approved, the plan will be endorsed and form part of the permit, all to the satisfaction of the Responsible Authority.

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 the common property drainage into the kerb & channel in Anthony Street, 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 and drain the common driveway within the development;

c)Construct vehicular crossing in accordance with the requirements and standards of the City of Greater Geelong with a minimum width of 3.5m;

d)Remove any redundant vehicular crossings, reinstate kerb and channel and the footpath/nature strip area to match existing construction in the street;

e)Clean and finish all external walls on or facing property boundaries;

f)Complete the landscaping works in accordance with the endorsed plans;

g)Complete all buildings and works in accordance with the endorsed plans;

h)complete the internal alterations to the existing dwelling as shown on the endorsed plans that result in it being a two bedroom dwelling; 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 an agreement with:

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 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 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 the common property drainage into the kerb & channel in Anthony Street, 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 and drain the common property within the development;

c)Construct vehicular crossing in accordance with the requirements and standards of the City of Greater Geelong with a minimum width of 3.5m;

d)Remove any redundant vehicular crossings, reinstate kerb and channel and the footpath/nature strip area to match existing construction in the street;

e)complete the internal alterations to the existing dwelling as shown on the endorsed plans that result in it being a two bedroom dwelling;

All to the satisfaction of the Responsible Authority.

15.Unless otherwise approved by the Responsible Authority, prior to the issue 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 1987. 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 1516/2016 must be substantially completed (e.g. lockup stage as a minimum) in accordance with the endorsed plans 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.

or

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 1516/2016 (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:

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 time; and

b)a suitably qualified person that fibre ready telecommunication 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.

EXPIRY

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.

b)A statement of compliance is not issued within five (5) years of the date of certification.