agenda of ordinary council - 26 april 2016 to the occupation of the permitted development piped...

ITEM 7.1

ATTACHMENT 1. Conditions

YARRA RANGES COUNCIL MEETING AGENDA - 26/04/2016 19

COUNCIL REPORT

Application YR-2015/614

Address of the land 26A Cave Hill Road (Lot 1 Sec 30), Lilydale

Proposal Buildings and works to construct four dwellings

Conditions

1. Prior to the commencement of the use and/or development, including the removal of any trees or other vegetation, amended plans (2 copies) must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and form part of the permit. The plans must be drawn to scale, with dimensions, and be generally in accordance with the plans submitted with the application but modified to show:

Provision of screening measures as follows: a. to a minimum of 1500mm above floor level to the first floor south elevation master

bedroom window of Dwelling 3 b. to a minimum of 1700mm above floor level to the East side balcony of Dwelling 2 c. to a minimum of 1700mm above floor level to the East and west side of balcony of

Dwelling 3 d. to a minimum of 1700mm above floor level to the West side of balcony of Dwelling 4 e. to a minimum of 1700mm above floor level to the south elevation meals window of

unit 4. f. 450mm high free-standing trellis atop the south boundary fence opposite the master

bedroom window of unit 3. g. To a minimum of 1500mm above floor level to the east elevation living room window

of unit 4. h. The landscape plan revised to include 2 small to medium canopy trees within the

southern half of the front setback, to the satisfaction of the Responsible Authority.

2. Prior to the commencement of any site works including demolition and excavation, the owner must submit a Construction Management Plan to the Responsible Authority for approval. No works including demolition and excavation are permitted to occur until the Plan has been approved in writing by the Responsible Authority. Once approved, the Construction Management Plan will be endorsed to form part of this permit and must be implemented to the satisfaction of the Responsible Authority. The Plan must be to the satisfaction of the Responsible Authority and must provide details of the following:

a. delivery and unloading points and expected frequency;

b. a liaison officer for contact by owners / residents and the Responsible Authority in the event of relevant queries or problems experienced;

c. an outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services;

d. any requirements outlined within this permit as required by the relevant referral authorities;

e. hours for construction activity in accordance with any other condition of this permit;

f. measures to control noise, dust, water and sediment laden runoff;

g. measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the Construction Management Plan;

h. measures to ensure that any construction lighting will be baffled to minimise intrusion on adjoining lots.

ITEM 7.1 (Cont’d)



3. The layout of the site and the size of any proposed buildings and works shown on the endorsed plans shall not be altered or modified without the written consent of the Responsible Authority.

4. This permit will expire if the development is not started within two years of the date of this permit. The Responsible Authority may extend this period if a request is made in writing before the permit expires or within six months afterwards.

5. This permit will expire if the development is not completed within four years of the date of this permit. A request may be made to Responsible Authority to extend the time to complete a development or a stage of the development if:

a. The request for an extension is made within 12 months of the permit expiry.

b. The development or stage has lawfully commenced before the permit expiry.

6. The landscape works as shown on the endorsed plan must be carried out prior to occupation of the permitted development, or if not occupied, within three months of completion of the permitted development. With written consent of the Responsible Authority landscaping may be deferred to the first planting season (May to September) following the completion of the permitted buildings and/or works. New planting must be maintained or replaced as necessary to the satisfaction of the Responsible Authority..

7. Prior to the commencement of works tree protection fencing must be erected around roadside tree #1. The fencing must be placed along the back of kerb on Cave Hill Rd and along the back of the foot path between the tree and the property. On the northern side of the tree the fencing must be erected 2.5m from the centre of the tree, and 7.3m from the centre of the tree on the southern side. The fencing must remain in place for the duration of the development of the site. The fencing must be constructed of 1.8 metre star pickets and brightly coloured plastic meshing. No vehicular or pedestrian access, excavation, placement of fill, storage of materials or soil disturbance is to occur within the protection zone.

8. All underground service pipes including storm water and sewerage must be diverted around any Tree Protection Zones of trees to be retained, or bored underneath with a minimum cover of 800mm to top of conduit from natural surface level. If the trees have not been assessed the TPZ is calculated by 12x the trunk diameter at 1.4m above ground level.

9. The driveway and crossover within the tree protection zones (7.3m radius) of tree 1 on the roadside must be within the same location as the existing crossover and not closer than 2.5m from the centre of the tree. The crossover must constructed at the existing grade and be made of gravel. There must be no excavation within the TPZ, except for up to 30mm deep for the purpose or removing ground cover plants or creating a level surface, and this must be carried out under the supervision of the project arborist. Any other levelling required must be achieved by additional gravel.

10. Prior to the occupation of the permitted development the car parking spaces and vehicular access ways shown on the endorsed plan must be fully constructed, sealed, and drained incorporating Water Sensitive Urban Design elements to the satisfaction of the Responsible Authority.

11. Prior to the occupation of the permitted development a nominal 3.0 metre trafficable width piped culvert concrete vehicle crossing with approved end walls must be constructed in Black Street to serve the development and all Council assets, including the nature-strip, reinstated to the satisfaction of the Responsible Authority.

ITEM 7.1 (Cont’d)



12. Prior to the occupation of the permitted development a nominal 3.5 metre trafficable width piped culvert concrete vehicle crossing with approved end walls must be constructed in Black Street to serve the development and all Council assets, including the nature-strip, reinstated to the satisfaction of the Responsible Authority.

13. Prior to the occupation of the permitted development piped drainage must be constructed to drain all impervious areas incorporating Water Sensitive Urban Design elements, to the satisfaction of the Responsible Authority.

14. Prior to the occupation of the permitted development a detention system, must be installed to drain all impervious areas, to the satisfaction of the Responsible Authority.

15. Prior to the occupation of the permitted development the construction of all civil works within the site, including water tanks must be fully completed and subsequently inspected and approved by a suitably experienced Civil Engineer or qualified person at the arrangement and expense of the owner/developer. This person must supply written certification that the works have been constructed in accordance with this permit and to relevant standards to the satisfaction of the Responsible Authority.

16. The car parking spaces, vehicular access ways and drainage approved by this permit are to be maintained and must not be obstructed or made inaccessible to the satisfaction of the Responsible Authority.

Notes:

The granting of this permit does not obviate the necessity for compliance with the requirements of any other authority under any act, regulation or local law.

Building works approved under this planning permit shall not be commenced until a building permit has also been obtained under the Building Act 1993 and the Building Regulations 2006.

Prior to the commencement of any works affecting or involving Council roads or drains, Asset Protection and/or Road Reserve/Easement Works permit(s) are required. An application for a permit can be made at the Yarra Ranges Council Community Links and must include a copy of the relevant planning permit(s), endorsed site plan, and approved civil engineering plan if one was required on the planning permit. Please call 1300 368 333 for further advice.

Drainage runoff from the approved development is to be directed to the existing council 300mm dia. pipe drain in the road reserve on the development side of Black Street. This should be confirmed by contacting Infrastructure Services, prior to commencement of any works.

ITEM 7.1

ATTACHMENT 2. Planning Scheme Provisions


Planning Scheme Requirements

Application YR-2015/614

Address of the land 26A Cave Hill Road, Lilydale

Proposal Buildings and Works to Construct Four Dwellings

Responsible Officer Manjusha Pitty

Zone Clause 32.07 Residential Growth Zone - Schedule 1

Overlays Clause 43.02 Design and Development Overlay – Schedule 7

Schedule to Clause 53

(UYVDRR) Clause 11.02-1 Supply of urban land

Clause 15.01-1 Urban design

Clause 15.01-3 Neighbourhood and subdivision design

Clause 15.01-5 Cultural identity and neighbourhood character

Clause 16.01-1 Integrated housing

Clause 16.01-2 Location of residential development

Clause 16.01-4 Housing diversity

State Planning Policy

Framework Clause 21.04 Land Use

Clause 21.06 Built Form

Clause 22.07 Lilydale Activity Centre

Local Planning Policy

Framework Not applicable

Other Requirements Clause 52.06 Car Parking

Clause 55 ResCode – Two or more dwellings on a lot

Clause 65.01 Decision Guidelines

ZONE

Clause 32.07 Residential Growth Zone - Schedule 1

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies,

To provide housing at increased densities in buildings up to and including four storey

buildings, to encourage a diversity of housing types in locations offering good access to

services and transport including activities areas,

To encourage a scale of development that provides a transition between areas of more

intensive use and development and areas of restricted housing growth and to allow

ITEM 7.1 (Cont’d)



educational, recreational, religious, community and a limited range of other non-residential

uses to serve local community needs in appropriate locations.

A dwelling is a section 1 use, therefore planning permission is not required for the use of a dwelling

under the zone.

A permit is required to construct two or more dwellings on a lot. A development must meet the

requirements of Clause 55.

OVERLAY

Clause 43.02 Design and Development Overlay – Schedule 7

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies

To identify areas which are affected by specific requirements relating to the design and built

form of new development.

Schedule 7 of this overlay relates to Neighbourhood Centres and Rural Township Consolidation

Areas. This Schedule sets out design objectives designed:

To implement the objectives of the Lilydale Structure Plan, Lilydale Urban Improvement Project and the Shire of Yarra Ranges Housing Strategy.

To increase residential density and to provide for a range dwelling types within the housing consolidation area of Lilydale.

To encourage the aggregation of existing lots allowing greater flexibility to design quality higher density residential development that complements the existing streetscape.

To ensure new development is articulated and upper storey elements are not bulky or visually obtrusive.

To ensure new development retains existing streetscape elements of setback and spacing between buildings.

To ensure that the design of new buildings provides an appropriate transition of scale and form to buildings on adjacent lots.

To protect the amenity of existing dwellings by confining higher built form to larger lots.

To ensure street frontages and open space provide sufficient room for canopy trees and vegetation.

To protect identified heritage elements and encourage the retention of older significant buildings in new developments.

A permit is required for buildings and works pursuant to the Design and Development Overlay

clause 43.02-2 and under the overlay Schedule as the proposal is a multi unit dwelling, but a

planning permit is not required for the subdivision as it is exempt under the schedule.

ITEM 7.1 (Cont’d)



Any buildings and works should comply with the following requirements:

Building form, siting and layout

Setbacks from the street boundary are no less than the lesser front setback of the buildings on the adjoining allotments.

Development maintains the existing pattern of spacing between dwellings in the street. Reduced front, side and rear setbacks may be considered for development on lots with a frontage greater than 30 metres and a depth greater than 45 metres.

Building heights are stepped down to provide a gradual transition to the scale of dwellings on the adjoining lots.

The upper levels of development are recessed and articulated to reduce the dominant scale of the upper level and impact of overlooking and visual bulk.

On sloping sites buildings are designed to follow the natural contours and step down the site in order to minimise visual impact and reduce the need for excavation.

Buildings are sited and designed to retain major view lines including those to the Yarra Ranges and Dandenong Ranges from public vantage points.

Street frontages and open space provide sufficient room for the retention and planting of canopy trees.

New developments retain or adapt older style buildings in the design of development proposals, particularly where they can be retained facing the street and minimise impact on any adjoining buildings of significance.

Development complements the front, side and rear setbacks of buildings identified under the Heritage Overlay.

New developments on the same allotment as a building identified in a Heritage Overlay maintain the prominence of the heritage building and not restrict the views of the heritage building from the street.

Developments adjoining or fronting public open space such as Melba Park and the Lilydale Warburton Rail Trail enhance surveillance of users of the public open space.

Non transparent fencing and walls should be avoided.

Driveways and car parking

Developments include only one cross over to avoid impacts on roadside vegetation.

Garages and carports associated with new development are not visually obtrusive when viewed from the front street and are located behind the line of the buildings.

Larger developments integrate car parking requirements into the design of the development and encourage the use of undercroft or basement parking.

Driveways and car parking allow for vehicles to turn within the property and to exit the property in a forward manner.

Landscaping and front fencing

ITEM 7.1 (Cont’d)



Developments retain existing trees where possible.

Landscaping provides for at least two canopy trees (with a maturity height no less than 8 metres) in the front setback. On development sites that have a width of more than 30 metres this should be increased to at least three canopy trees.

Front fences are low scale (below 1.2 metres in height) and generally reflect the typical fencing style of the street.

Landscaping and boundary treatments create a strong connection between the public and private realms.

STATE PLANNING POLICY FRAMEWORK (SPPF)

The following State planning policies are relevant to the assessment of this application:

11.02-1 Supply of urban land

15.01-1 Urban design

15.01-3 Neighbourhood and subdivision design

15.01-5 Cultural identity and neighbourhood character

16.01-1 Integrated housing

16.01-2 Location of residential development

16.01-4 Housing diversity

The following strategic directions emerge from these policies:

Limit the impact of urban development on non-urban areas and support development in those areas with good access to community, commercial and transport services.

Provide a mix of housing types to allow for housing choice and to support the needs of households as they move through life cycle and demographic changes.

Development is required to be consistent with the character, scale, appearance and amenity of the area, while minimising impacts of an amenity.

Display good design, using a site analysis that demonstrates alterations, additions and new development that reflects the surrounding scale, height, density, bulk, setbacks, style, form and character of buildings, fences, carports/garages, gardens and the streetscape.

LOCAL PLANNING POLICY FRAMEWORK (LPPF)

MUNICIPAL STRATEGIC STATEMENT

Clause 21.04 Land Use

The controls applied to land use in this section reflect the diversity of the Shire and ensure that specifc policies are targeted to appropriate areas. Policies in this section delineate the

ITEM 7.1 (Cont’d)



Metropolitan, Foothills, Rural Township and Rural designations when applying policy for residential, commercial and industrial development as well as subdivision.

The subject site is in an identified consolidation area.

Objective 1 under Clause 21.04-1 relates to ‘Housing Location Consolidated Residential

Development’ and seeks: To guide residential development into sustainable locations which meet

the needs of the community and that are not subject to physical or environmental constraint.

It is strategy to support residential growth and increased densities in Lilydale within the Residental

Growth Zone areas which are identified as having the best capacity for additional housing.

Objective 2 under Clause 21.04-1 relates to ‘Housing Diversity’ and states : To encourage a

diversity of dwellings in convenient locations.

When considering proposals for medium density housing in residential areas, it is policy to

demonstrate compliance with the following as appropriate:

Promote redevelopment and greater diversity in identified consolidation areas (RGZ) within the major activity centres of Lilydale. These centres have the capacity to cope with increased densities and offer convenient access to town centres, commercial and community facilities.

Encourage the provision of affordable housing components in new developments in identified consolidation areas and other locations that provide convenient access to town centres, commercial and community facilities

Encourage 1 and 2 bedroom dwellings in all multi unit developments

Encourage dwellings that are accessible for people of all abilities

Clause 21.05 Settlement

This clause recognises that the Shire’s two major activity centres, at Lilydale and Chirnside Park,

offer significant opportunities for more intensive redevelopment including employment generating

commercial uses and higher density housing.

Objective 2 Major Activity Centres seeks: To strengthen the role of Lilydale and Chirnside Park, as

the Shire’s two major activity centres, in providing integrated clusters of well-designed and

conveniently located business, employment and housing opportunities.

Strategies to achieve this objective include:

Lilydale Activity Centre

Reinforce Lilydale’s role as an activity centre and provides a wide range of retail,

employment, business, community, entertainment and transport services.

Encourage the provision of additional housing at higher densities withn the Lilydale Activity

Centre to increase the diversity of conveniently located accommodation available within the

Shire.

ITEM 7.1 (Cont’d)



Clause 21.06 Built Form

Buildings and works can have an adverse effect on the natural and built environments of the Shire,

unless they are sensitively designed and sited. Objective 6 – ‘Buildings in Residential, Rural Living

and Rural Areas’ includes the following relevant objective:

To ensure that any development reflects the environmental and physical form of the surrounding

neighbourhood.

It is policy that when considering buildings and works in the Residential Zone, Low Density

Residential Zone, Green Wedge Zone and Rural Living Zone:

Building setbacks, height, site coverage and design enable the efficient use of the site, while recognising the amenity of the surrounding residents, and the residential and environmental character of the area.

The development be set back a reasonable distance from common boundaries with adjoining residential properties, to ensure the protection of residential amenity and, where appropriate, provide for the establishment of an effective landscape buffer.

The setback distance be sufficient to ensure that:

There will be no adverse impact on adjoining properties.

Daylight to adjoining habitable rooms will not be significantly reduced.

Buildings will not significantly overshadow neighbouring secluded private open spaces or main living areas.

Windows of buildings will not directly overlook habitable room windows of adjoining properties.

The development will not increase the impact of the proposal on surrounding land uses.

There will be no increase in the impact of the development on existing remnant vegetation.

Building setbacks from road frontages:

Generally reflect the development setbacks on adjoining properties.

Have regard to the need to avoid the removal of vegetation.

Be consistent with the overall character of development within the locality.

If frontage of the site is to a minor road, any building be set back at least 7.5 metres from that frontage, and if frontage is to a main road, the building be set back at least 10 metres from that frontage.

The construction of a dwelling or an extension to an existing dwelling:

Be of a height that is below the tree canopy level and take into account the height of surrounding development, the slope of the land and the impacts on views into the land from adjacent viewpoints.

ITEM 7.1 (Cont’d)



Not result in any part of that building being more than 11 metres above the natural surface of the ground directly below that part.

This does not apply to a domestic television or telecommunications facility or a chimney, flue pipe or heating or cooling appliance.

LOCAL PLANNING POLICIES

Clause 22.07: Lilydale Activity Centre

Lilydale is a major centre of business and employment activity that functions as the civic and

administrative centre for the Shire. It is an important employment hub for industry, and a key

location for convenience shopping, education and other commercial functions. The activity centre

also provides a range of businesses and activities that service the needs of agricultural producers

and rural industries of the Yarra Valley.

Commercial development is widely dispersed over an extensive area that includes many

underdeveloped sites. The activity centre does not have a strong hub of commercial and

pedestrian activity.

The Shire’s Housing Strategy identifies that the Lilydale activity centre offers significant

opportunities to provide for additional housing. Medium density housing is scattered throughout

these residential precincts, although some areas contain valued neighbourhood characteristics that

limit the scope for extensive redevelopment.

The intrusion of commercial activities into adjoining residential precincts has led to the further

dispersal of the centre and eroded opportunities for higher density housing.

Residential precincts

It is policy to:

Increase the number of dwellings in the precinct through the development of appropriately designed higher density housing.

Encourage the development of accommodation that is diverse in type, size, scale, and affordability, and is accessible for people with disabilities.

Prevent the intrusion of office, medical or other non residential land uses.

Provide for specialised residential accommodation such as for aged people on the large undeveloped sites at the rear of commercial premises east of the Warburton Rail Trail.

Retain residential use as the predominant activity on the properties fronting the Maroondah Highway between Anderson Street and the Warburton Rail Trail.

The subject site is located on ‘Area C’ (Residential – Major Higher Density Opportunity).

PARTICULAR PROVISIONS

Clause 52.06 Car Parking

Purpose

To ensure the provision of an appropriate number of car parking spaces having regard to

the demand likely to be generated, the activities on the land and the nature of the locality,

ITEM 7.1 (Cont’d)



to promote the efficient use of car parking spaces through the consolidation of car parking

facilities., to ensure that car parking does not adversely affect the amenity of the locality

and to ensure that the design and location of car parking is of a high standard, creates a

safe environment for users and enables easy and efficient use.

Clause 52.06-1 requires that prior to a new use commencing, the car parking spaces required

under Clause 52.06-5 must be provided on the land or as approved under Clause 52.06-3 to the

satisfaction of the responsible authority.

A permit is also required to reduce (including reduce to zero) the number of car parking spaces

required under Clause 52.06-5.

Clause 55 – Two or more dwellings on a lot and residential buildings

The purpose of this clause is:

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

To achieve residential development that respects the existing neighbourhood character or which contributes to a preferred neighbourhood character.

To encourage residential development that provides reasonable standards of amenity for existing and new residents.

To encourage residential development that is responsive to the site and the neighbourhood.

A development must meet all of the objectives of this clause and should meet all of the standards

of this clause.

ITEM 7.1

ATTACHMENT 3. Notification


ITEM 7.1

ATTACHMENT 4. Locality Plan


ITEM 7.1

ATTACHMENT 5. Aerial View


ITEM 7.1

ATTACHMENT 6. Site Layout and Ground Floor Plan


ITEM 7.1

ATTACHMENT 7. Site Layout and First Floor Plan


ITEM 7.1

ATTACHMENT 8. Elevations


ITEM 7.1

ATTACHMENT 9. Shadow Diagrams


ITEM 7.1

ATTACHMENT 10. Landscape Plan


agenda of ordinary council - 26 april 2016 to the occupation of the permitted development piped...

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