1.5 109 clayton road, oakleigh east construction of a ... · 29/11/2016 · • the building is...

Council Meeting, 29 November 2016 Section 1.5 –

109 Clayton Road, Oakleigh East - Construction Of A Three Storey Building (11 Dwellings) Above

Basement Car Parking, On Site Visitor Parking Provided At A Reduced Rate, And The Alteration Of Access To A Road Zone Category 1

1.5 109 CLAYTON ROAD, OAKLEIGH EAST CONSTRUCTION OF A THREE STOREY BUILDING (11 DWELLINGS) ABOVE BASEMENT CAR PARKING, ON SITE VISITOR PARKING PROVIDED AT A REDUCED RATE, AND THE ALTERATION OF ACCESS TO A ROAD ZONE CATEGORY 1 (TPA/45353)

EXECUTIVE SUMMARY:

This application proposes to construct a three storey apartment building containing 11 dwellings above a basement car park. On site visitor parking will be provided at a reduced rate and the application also proposes to alter vehicle access to Clayton Road (Category 1 Road Zone). The application was subject to public notification. Two objections to the proposal have been received. Key issues to be considered relate to building bulk and scale, and car parking layout. This report assesses the proposal against the provisions of the Monash Planning Scheme including the relevant state and local planning policy framework, Clause 55 and issues raised by objectors The reason for presenting this report to Council is the proposed development cost of $1.7 million. The proposal is considered inconsistent with the relevant provisions of the Monash Planning Scheme and it is recommended that the application be refused. RESPONSIBLE DIRECTOR: Peter Panagakos

RESPONSIBLE MANAGER: Angela Hughes

RESPONSIBLE PLANNER: Sue Monagle

WARD: Oakleigh

PROPERTY ADDRESS: 109 Clayton Road, Oakleigh East

PRE-APPLICATION MEETING: No

NUMBER OF OBJECTIONS: Two (2)

ZONING: General Residential Zone 2 (GRZ2)

EXISTING LAND USE: Single detached dwelling

OVERLAY: Nil




RELEVANT CLAUSES: State Planning Policy Framework Clause 11 (Settlement) Clause 11.02 (Urban Growth) Clause 11.04 (Metropolitan Melbourne) Clause 15 (Built Environment & Heritage) Clause 16 (Housing) Clause 16.01-2 (Location of Residential Development) Clause 16.01-4 (Housing Diversity)

Local Planning Policy Framework Clause 21 (Municipal Strategic Statement) Clause 21.04 (Residential Development) Clause 22.01 (Residential Development and Character Policy) Clause 22.04 (Storm Water Management Policy) Clause 22.05 (Tree Conservation Policy) Particular Provisions Clause 52.06 (Car Parking) Clause 55 (Two or more dwellings on a lot and residential buildings) General Provisions Clause 65 (Decision Guidelines)

STATUTORY PROCESSING DATE: 10 September 2016

DEVELOPMENT COST: $1.7 million




LOCALITY PLAN

NEIGHBOURHOOD PLAN

SUBJECT SITE




RECOMMENDATION:

That Council resolves to issue a Refusal to Grant a Planning Permit (TPA/45353) for the construction of a three storey building (11 dwellings) above basement car parking, on site visitor parking provided at a reduced rate, and the alteration of access to a road zone category 1 at 109 Clayton Road, Oakleigh East subject to the following grounds: 1. The proposal is inconsistent with the Residential Development Policy at

Clauses 21.04 and 22.05 of the Monash Planning Scheme in that it fails to respect the prevailing built form typology of low scale detached homes and medium density townhouse developments which characterises the street and broader neighbourhood.

2. The proposal does not adequately satisfy the objectives and design

standards of Clause 55 of the Monash Planning Scheme with regard to neighbourhood character, building height and landscaping.

3. The proposed development will have a detrimental impact on adjoining

residential developments to the north, south and west as a result of its overall scale and bulk.

4. The proposed development is considered an overdevelopment of the site.

BACKGROUND:

History This is the second planning application for this site. In January 2015, an application (TPA/43650) was submitted to Council proposing a two storey apartment building, however this application lapsed when the applicant did not respond to the Council’s request to provide further information. The Site and Surrounds The subject site is located on the west side of Clayton Road between Ferntree Gully Road and Dandenong Road (Princes Highway). The site is rectangular in shape with a frontage width to Clayton Road of 17.98 metres, a depth of 47.54 metres and a total site area of 854.76 square metres. The site is encumbered by a 1.8 metre wide drainage and sewerage easement extending across the rear boundary. The site is generally flat. A modest single storey brick detached dwelling and separate garage occupies the site and will be demolished to accommodate the new development.




The site forms part of an established residential neighbourhood dating back to the 1950’s. Original homes are still well represented throughout the broader neighbourhood, however the close proximity to the Clayton Campus of the Monash University has seen increasing numbers of medium density housing developments replacing original homes. Original dwellings are constructed of brick or weatherboard with more recent medium density housing and student accommodation generally constructed of brick or rendered facades. A mix of single and double storey built form is evident throughout the neighbourhood. Most dwellings are setback around 7 to 8 metres and have visible front garden setbacks. Clayton Road is a busy category 1 road, carrying two lanes of traffic in each direction. Nature strips are narrow and contain small to medium sized street trees. A bus stop is located at the front of the subject site and two pits are located centrally on the nature strip. An aerial photograph of the subject site and surrounding land can be found attached to this report (Attachment 2).

PROPOSAL:

The proposal is to construct a three storey apartment building containing 11 residential apartments above a basement. Features of the proposal are as follows:

• Ground floor level comprises 4 apartments comprising 3 x 3 bedroom and 1 x 1 bedroom apartments. Each of the ground floor apartments is provided with ground floor open space.

• First floor level comprises 4 x 2 bedroom apartments and 1 x 1 bedroom apartment, each with outdoor balconies.

• Second floor level comprises 2 x 2 bedroom apartments with external balconies.

• Basement level car parking is proposed for 15 car spaces including one on-site visitor space. The existing vehicle crossover to Clayton Road will be extended and utilised by vehicles accessing the garage. The basement will extend to the northern (side) boundary of the lot, and will be setback 1.2 metres from the southern boundary and 2.3 metres from the rear (western) boundary.

• The building will be setback a minimum of 7.64 metres from Clayton Road at ground floor level and 8.425 metres at first floor level (with balcony encroaching to 6.4 metres, and 10 metres at second floor level.

• A contemporary facade is proposed characterised by varied facade finished of brick, render and timber cladding (shadow clad) and coupled with varied




roof forms including flat parapet style, skillion roof features and hipped tiled roof. Glazed balcony balustrades, some frosted where required.

Attachment 1 details plans forming part of the application.

PERMIT TRIGGERS:

Zoning The land is zoned General Residential 2 (GRZ2) under the provisions of the Monash Planning Scheme. Pursuant to the requirements of Clause 32.08-4 a permit is required to construct two or more dwellings on a lot and a development must meet the requirements of Clause 55 (Rescode). Pursuant to the requirements of Clause 52.29, a planning permit is required to Create or alter access to Category 1 Road Zone. Car parking Clause 52.06: Car Parking Prior to a new building being occupied the car parking spaces required under Clause 52.06-5 must be provided on the land. In accordance with clause 52.06-3 a planning permit is required to reduce the standard number of car spaces required under clause 52.06-5. Particular Provisions Clause 52.06: Car Parking Prior to a new building being occupied the car parking spaces required under Clause 52.06-5 must be provided on the land. Clause 55: Two or more dwellings on a lot (Rescode) Attachment 3 details the zoning and overlays applicable to the subject site and surrounding land.

CONSULTATION:

Public Notice The application was advertised in accordance with section 52 of the Planning and Environment Act 1987 by way of notices being sent to the surrounding property owners/occupiers, and a sign displayed at the front of the site. Two objections have been received to the application from the immediate neighbours at Units 1 and 2/107 Clayton Road. The grounds of objection are as follows: • Overlooking and loss of privacy.




• Concern with excavation and its impact on neighbouring properties. • Inadequate car parking. • Scale and mass of buildings is out of character with area. • The building is too high and will overshadow and block natural light access. • Increased noise and air pollution. • Impact on property prices. These matters have all been considered as part of the following assessment. Attachment 4 details the location of objector properties. Referrals

Traffic Engineers The application was referred to Council’s Traffic Engineers who have not raised concerns with the proposal on traffic grounds. Their comments have been considered in the assessment of the proposal. Drainage Engineers The application was referred to Council’s Drainage Engineers who have recommended relevant conditions to be placed on any permit issued. DISCUSSION: Consistency with State and Local Planning Policies The raft of State Planning Policy relevant to the current proposal all promote the:

• Provision of a diversity of housing types that meets community needs (Clause 16.01-4);

• Encouragement of housing types at higher densities in and around activity centres (Clause 11.01-2);

• Location of new housing in or close to activity centres, employment corridors and areas that offer good access to services and transport (Clause 16.01-2 and clause 11.04-2);

• Provision of housing that recognises and protects neighbourhood character and achieves architectural and urban design outcomes that contribute positively to local urban character (Clause 15).

The Local Planning Policy Framework seeks to expand on these broader state objectives and in doing so, identifies the ‘Garden City Character’ as a core value held by the community and Council. Garden City Character policy objectives are significant and important considerations in all land use and development decisions throughout the municipality.




Clause 21.04 (Residential Development Policy) seeks to balance residential development within the city by providing a variety of housing styles whilst remaining sympathetic to existing neighbourhood character. Clause 22.01 (Residential Development and Character Policy) In accordance with Clause 22.01 of the Monash Planning Scheme, the subject site is located within the Residential Character Type ‘B’ area under the Monash Urban Character Study. Elements that contribute to this character include;

• Flat topography.

• Grid subdivision pattern.

• Consistent building setback.

• Common functional architectural style, variety in materials and finish.

• Multiple housing developments closer to commercial centres and collector roads.

• Well planted front gardens.

• Low fences and walls.

• Varied mature street trees.

• Nature strips generally 2.0 -2.5 metres wide.

• 7.5 metre wide street.

• Overhead services. The relevant Desired Future Character Statement for the Character Area ‘B’ seeks; (summarised);

• Multi unit developments that are appropriate in scale and form to existing dwellings.

• General consistency in building setbacks.

• New dwellings will address the street and complement the scale and form of adjacent buildings.

• Sympathetically designed buildings will be encouraged.

• Low front fencing allowing shrubs and other plants in the front garden to soften the edge between development and street.

• Soft quality of street maintained by ensuring that there is only one single crossover per lot.

The following provides an assessment of the development against the different character elements of the neighbourhood. Council’s Tree Conservation Policy (Clause 22.05) also contains objectives designed to maintain, enhance and extend the Garden City Character throughout the municipality.




Monash Housing Strategy The Monash Housing Strategy 2014 (adopted by Council in October 2014) identifies this neighbourhood as being located in the ‘Residential land in the Monash National Employment Cluster’, the objectives for which among others seek; • Housing change and diversification. • Development will respond to the broader context, taking into account both

commercial design and residential character as relevant. Residential outcomes seek; • Higher density apartment development at the interface with the

technology precinct • Lower density unit and townhouse style development at the interface with

surrounding residential areas. • Potential for lower to medium density apartment development in

predominantly residential streets subject to careful design. • On larger sites, in suitable locations, increased density may be

appropriates, subject to careful design and the provision of appropriate landscaped setbacks.

Strategic Justification Broadly speaking, the concept of developing the site for some form of medium density housing is supported in the strategic sense given the site’s proximity to Monash University and established urban infrastructure. The main issues for consideration with this proposal centres on whether the form and scale of development proposed is appropriate to its neighbourhood context and respectful of the amenity of adjacent residential neighbours having regard to the preferred future character.

The following discussion will now focus on the more detailed design aspects of the proposal, providing a detailed assessment of the proposal in terms of its scale, bulk, on site amenity and offsite impacts and it degree of compliance with clause 55 (rescode) standards and objectives. ASSESSMENT Neighbourhood character and built form The subject site forms part of a low scale residential neighbourhood, and the test for the current proposal is whether its three storey scale will sit comfortably within the broader context and respect the prevailing low scale, single storey nature of its immediate residential neighbourhood. Of equal importance is whether the current proposal is respectful of the amenity of abutting residential neighbours in terms of its visual bulk and mass, and whether it effectively




mitigates issues of overlooking and overshadowing. The following provides a detailed assessment of the proposal against each of the character elements which, when combined, define the neighbourhood character. Streetscape From a streetscape perspective, the development is not considered sympathetic to the low scale single storey rhythm of the streetscape which characterises this section of Clayton Road. The proposed development sits between two modest single storey dwellings and its proposed scale and height will appear out of scale and inappropriate for this location. The change in height from neighbouring single storey built form to the proposed three storey scale is abrupt and will result in a dominating built form which looks out of place among its low scale neighbours. The lack of setback to the upper most level across the front of the building creates a dominating front facade. The positioning of the first floor balcony above the porch entry also creates an unreasonable encroachment into the front setback. From a streetscape perspective, the proposal is not supported. Street setback The development is setback a minimum of 7.6 metres from Clayton Road at ground floor level complying with Schedule 2 variations of the General Residential Zone provisions. The porch entry and first floor balcony (located directly above porch entry) encroach into the front setback to 6.44 metres with the balcony balustrade extending the total height of the porch/balcony structure to 4.2 metres to the top of the balustrade and 4.7 metres to the top of the stone wing wall feature. The positioning of the balcony directly above the porch roof is not supported from an architectural point of view, as it creates a prominent encroachment into the front setback to the development. The lack of setback of the third level of the development is not supported, as from a streetscape perspective, the lack of recessing adds to the dominance of the front facade. Building Mass and Scale Site Coverage and Permeability The development proposes a ground floor site coverage of 50% of the total site with the basement level representing 66% site coverage (excluding ramp entry). Approximately 22% of the site will remain permeable surface with the basement and ramp entry accounting for approximately 78% of the site area.




On balance, the proposal shows general compliance with Rescode standards in relation to site coverage and permeability, however the proposed basement and ramp entry is extensive and will limit the amount of deep soil zones available around the perimeter of the site to support meaningful landscaping. Facade Detailing A contemporary facade is proposed, comprising a mix of brick, render and painted timber cladding (shadow clad). Varied roof form is also proposed across each level of the development including flat parapet style roofing, skillion roofing and hipped tiled roofing. Although varied facade finishes are encouraged, the current facade detailing may benefit from some refinement. The main entry to the building is also fairly bland in its appearance and does not create a welcoming sense of entry for residents and visitors with a standard door opening and lack of glazing. The paling fencing privatising the courtyard of apartment one does not contribute to the architecture of the building, nor does the location of the first floor balcony directly above the porch roof. Facade detailing coupled with the overall mass and scale of built form proposed is not supported in this instance. Building Height Standard B7 of Rescode aims to ensure that ‘the height of buildings respect the existing or preferred neighbourhood character’ and states that buildings should not exceed 9 metres in height. The third level of the development rises to 9.5 metres to the top of the roof ridge with double storey wall heights extending to 8.5 metres for the three level sections and 6.2 metres for the double storey sections of the building. Although on the face of it, the total height proposed is marginally above the 9 metre benchmark height of standard B7, it is the overall mass of the building, especially its side facades and presentation to the street which if of most concern. This is discussed in more detail below. Amenity of neighbouring properties

Side and rear facades The development site has four sensitive abuttals being neighbouring residential backyards to the north, south and west of the subject site. Southern (side) facade The southern facade of the development proposes an unbroken length of double storey building mass extending for approximately 32.5 metres along the length of the lot, with the third level recessed from the rear and side facades to a greater degree. The main concern with the southern facade lies with the




continued building mass and the resulting visual bulk created by the southern facade of apartments 3 and 8 which sit adjacent to the backyard of 111 Clayton Road (adjoining to the south). Although stepped in from the ground floor level below, this facade extends for nearly the entire length of the adjoining backyard interface and will dominate views. The lack of articulation to the ground floor southern facade of apartment 3 (directly below apartment 8) coupled with its higher parapet facade of 3.5 metres, will also create a prominent backdrop to the backyard which will impact negatively. The small 1.15 metre side setback to the southern facade does also not provide the opportunity for meaningful landscaping around the perimeter of the site to filter views to the new development. The third level of the development sits, for the most part, adjacent to the building footprint of the neighbouring dwelling at 111 Clayton Road and as such will not dominate the abutting backyard to the south. Northern (side) facade The northern facade adopts similar traits to the southern facade and the resulting bulk and scale will dominate the views from adjoining secluded courtyard areas of an existing dual occupancy development at 107 Clayton Road (Corner site location). The unbroken mass of building extending along the length of the lot is not supported as this will create unreasonable visual bulk as viewed from abutting courtyards and dwellings to the north. Ground floor setbacks are minimal and little opportunity for planting along the northern (side) boundary is available. From the northern perspective, the development is simply too large and will be visually dominating from neighbouring residential properties. Western (rear) facade The western facade of the development is less problematic, with a reasonable rear setback of 5 metres proposed at ground floor level, 6 metres at first floor level (with balconies encroaching to 4.2 metres) and 14.5 metres to the rear facade of the third floor level. However, it is considered that an increased setback to first floor balconies of apartment 8 and 9 should be considered given the close proximity to the secluded rear courtyard of the existing dwelling (unit) to west. Car parking, Traffic and Access The proposal provides for the requisite number of resident car parking spaces. A requirement of two visitor car spaces applies to the development, however just one visitor space is provided on site and is located at the western end of the basement away from the basement ramp and access stairs.




A summary of clause 52.06 car parking requirements and provision is provided in the table below. Car parking summary table No. of dwellings Clause 52.06

requirement Car spaces required

Car spaces provided

1 bedroom dwellings

2 1 spaces per dwelling 2 2

2 bedroom dwellings

6 1 space per dwelling 6 6

3 bedroom dwellings

3 2 spaces per dwelling 6 6

Visitor parking 11 1 space per 5 dwellings 2 1

Total required 16

Total provided 15

All resident and visitor car parking will be accommodated in the basement at grade. Mechanical car parking stackers accommodating two vehicles each are proposed for each of the three bedroom apartments. Bicycle storage facilities, waste storage and the majority of storage cages are also located at basement level. Lift and stair access is available from the basement through to each level of the development. Council’s Traffic Engineers have assessed the proposed car parking and access arrangements and have provided the following advice. • The proposed vehicle crossing must be a minimum of 5.5 metres wide. • Pedestrian sight line corner splay required. • On site visitor car parking must be clearly marked and accessible at all

times to visitors. • Car spaces designated 1.01-1.04 are to be re-allocated to visitor parking

spaces. The proposed visitor parking spaces are to be re-allocated to resident parking.

Amenity Impacts Overlooking First and second floor windows and balconies have been treated to mitigate direct views across boundaries into adjoining secluded open spaces and facing habitable room windows. Although the standards and objectives of rescode are achieved in this regard, the perception of being overlooked will be strong as a result of the many window openings proposed along the side and rear facades. It is also noted that the all upper floor windows will be either highlight windows (with sill height of 1.7 metres) or proposed to be fitted with fixed obscure glass to 1.7 metres above floor level which will not allow for good outlook from internal spaces. The impact on internal spaces is of concern in this regard.




It is also noted that additional screening or an increase in side fence height may be required to ensure that fencing remains at least 1.7 metres above finished floor level. Built form impacts It is considered that the apartment form proposed in this instance is not sufficiently contextual so as to avoid unreasonable impacts on the amenity of surrounding dwellings. The site’s location midway along the street (as opposed to a corner location or at the end of the street) means that it has an increased number of sensitive abuttal’s which require a more sensitive design response/approach. (e.g. backyards, courtyards and modest single storey neighbours). In this regard, it is considered that a more modest approach to infill development on this site, in the form of a townhouse style development may be more appropriate. Overshadowing The project architect has prepared the required shadow plans for 9 am, 12 midday and 3 pm. Of most concern is the extent of additional shadowing impacting on neighbouring windows to the south (i.e. located on northern facade of dwelling at 111 Clayton Road) which will be overshadowed for most of the day. It is acknowledged that the southern facade of the building is setback from opposite windows in accordance with standard B19 of clause 55 (which requires new walls opposite habitable room windows to be setback at least 50 % of the height of the new wall) however, the extent of overshadowing in this instance is considered an indicator that the site is being overdeveloped. Additional shadowing of adjacent secluded open spaces will occur to a small degree, however is well within the parameters set by standard B21 of Rescode. Private Open Space Ground floor apartments within the development are provided with outdoor secluded courtyard areas ranging between 20 and 40 square metres. The courtyard to apartment one is in an awkward position, located above the basement ramp with high paling fencing proposed across the top of the basement entry ramp to secure its privacy. This will not contribute to the streetscape and is not supported. The courtyard to apartment 2 is located on the southern side of the building and will be in shadow for almost the entire day. Rear courtyards of apartment 4 and 5 are functional in their size and location and are considered satisfactory. All upper floor apartments are provided with balcony areas generally complying with Rescode requirements. Landscaping Opportunity for deep soil planting is available across the front and rear of the site, noting that easement restrictions across the rear boundary will restrict the type of planting which can be accommodated, however, minimal side setbacks provide little opportunity for meaningful planting to be accommodated around




the perimeter of the site. A characteristic of the broader neighbourhood includes setbacks to boundaries and developments sitting within visible garden settings. The level of development proposed in this instance coupled with the minimal side setbacks is not considered responsive to the broader neighbourhood character. A smaller building footprint, reduced basement area and opportunity for deep planting zones and perimeter planting should be considered as part of the development plan for this site. On site amenity for residents Waste Management Waste disposal is proposed to be stored and managed from basement level. Information regarding proposed management of waste collection and disposal has not been provided with the application however if approved, private waste collection would be required. Collection would be required to take place from basement level. On site residential amenity On site amenity for residents is considered adequate however it is noted that not all apartments will have access to external storage at basement level and this should be required if a permit was to issue. Internal public hallways and apartment entry doors are also narrow in width and will make furniture removal quite difficult. This should be addressed via a permit condition if the application was to be approved.

CONCLUSION:

In conclusion, it is considered that the site is appropriate for consideration of some form of medium density housing, being located in an established residential neighbourhood close to Monash University and established urban infrastructure including public transport options, shopping and community facilities. The apartment typology as proposed contrasts with the prevailing built form typology of modest detached dwellings and emerging medium density townhouse developments throughout the street and neighbourhood. Bulk and scale proposed throughout the site and to residential interfaces has not been appropriately addressed, resulting in building mass and scale which will be unacceptable when viewed from neighbouring residential properties. In essence, the proposal is considered too big and too bulky for its context and will cause unreasonable amenity impacts to neighbours. The application is not supported.




LIST OF ATTACHMENTS: Attachment 1 – Proposed Development Plans. Attachment 2 – Aerial Photograph (October 2014). Attachment 3 – Zoning and Overlays Map. Attachment 4 – Objector Properties Location Map.

1.5 109 clayton road, oakleigh east construction of a ... · 29/11/2016 · • the building is...

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