report 10.2 - brimbank planning scheme amendment c163 ... · thank you for the recent booklet...

Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 4

Report 10.2 - Brimbank Planning Scheme Amendment C163 – Albion Neighbourhood Character Overlay Directorate: City Development Director: Stuart Menzies Policy: Albion Neighbourhood Plan 2013, Brimbank Housing Strategy

‘Home and Housed’ 2013, Brimbank Planning Scheme, Planning and Environment Act 1987

Attachments: Attachment 1 – Submissions Received in Response to Consultation Regarding Proposed Neighbourhood Character Overlay Attachment 2: Summary of Submissions with Council Officer

Comment Attachment 3: Location of Proposed Neighbourhood Character Overlay

Purpose To present the outcome of the consultation process regarding a proposed Neighbourhood Character Overlay (NCO) in parts of Albion, and seek approval to prepare Brimbank Planning Scheme Amendment C163 – Albion Neighbourhood Character Overlay. Report 1. Background At its meeting on 27 May 2014, Council resolved to undertake a four (4) week community consultation process with the Albion community regarding the proposal to introduce a NCO in parts of Albion. The purpose of a NCO in a planning scheme is to protect and promote preferred neighbourhood character including:

• Identifying areas of existing or preferred neighbourhood character

• Ensuring development respects neighbourhood character

• Preventing, where necessary, the removal of buildings and vegetation before the neighbourhood character of the site and the new development have been evaluated.

The proposal for a NCO was identified in the Albion Neighbourhood Plan 2013 (the Plan) adopted by Council on 22 October 2013. The Plan also identifies a range of public realm, access, traffic management and community infrastructure improvements. 2. Consultation Consultation was conducted from 14 November to 15 December 2014, and included:

• A public notice in the local newspaper

• An information brochure distributed to potentially affected owners and occupiers

• Two (2) information sessions held during the evening on Wednesday 3 December 2014, and during the day on Saturday 6 December 2014

• Information at Council’s Keilor and Sunshine Customer Service Centres and website. Council received 10 written submissions about the proposed NCO. Nine (9) submissions were generally in support, and one (1) submission was opposed. Submitters will be notified about the outcome of Council’s decision.

Meeting No. 379 24 February 2015

Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 5 Report 10.2 - Brimbank Planning Scheme Amendment C163 -Albion Neighbourhood Character Overlay (continued) 3. Analysis A copy of submissions received is provided at Attachment 1 to this report. A summary of the key issues raised in submissions received and an assessment is shown at Attachment 2 to this report. The most common point made in submissions supporting the NCO was concern that multi-unit development was increasing and considered to be out of character. There was a strong desire to protect the character of Albion, although some supporting submissions also flagged concern about increased planning permit requirements as a result of the NCO. Increased planning controls was a key issue raised in the submission objecting to the NCO, which also questioned the need to protect character. An NCO would not prohibit multi-unit development, although it would encourage development that is consistent with established neighbourhood character objectives by providing:

• Clear and defined neighbourhood character objectives

• Greater certainty about what can be built

• Prevention of demolition of existing buildings until design objectives are met

• Encouragement of new development to contribute or enhance the neighbourhood character.

The NCO can include exemptions from planning permit requirements where fences, garages and rear extensions comply with character objectives. The pre-amendment consultation was undertaken to gauge community response to the potential introduction of a NCO. Based on the generally supportive submissions, and the merit of the proposed overlay, it is proposed an amendment to the Brimbank Planning Scheme be prepared. The preparation of the amendment will include:

1. Further discussions with the submitter who opposed the NCO

2. Completion of the Neighbourhood Character Study for Albion

3. Preparation of planning scheme amendment documentation including schedules to the NCO, to apply to parts of Albion shown on the map at Attachment 3 to this report.

It is proposed that Amendment C163 will be exhibited under Section 19 of the Planning and Environment Act 1987 and will be the subject of a future Council report. 4. Resource Implications Resource requirements can be met within Council’s 2014/2015 Annual Budget. 5. Compliance Statement This report is consistent with the Council Plan 2013–2017, which includes an action to complete and implement the Albion Neighbourhood Plan 2013.


Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 6 Report 10.2 - Brimbank Planning Scheme Amendment C163 -Albion Neighbourhood Character Overlay (continued) 6. Officer Recommendation That Council: a. Approves the preparation of Amendment C163 to the Brimbank Planning

Scheme to introduce a Neighbourhood Character Overlay over part of Albion as shown at Attachment 3 to this report.

b. Receives a further report following the preparation of Brimbank Planning Scheme Amendment C163 – Albion Neighbourhood Character Overlay.


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Attachment 1

Note: All references to names and addresses have been removed from submission to

preserve privacy.

Submission 1

From:

Sent: Friday, 28 November 2014 10:16 AM

To: Strategic Planning

Subject: Albion - Neighbourhood Character

Dear Strategic Planner.

Thank you for the recent booklet explaining Council's intention to create a Neighbourhood

Character overlay for Albion. This is great news!

We have been lovingly restoring a 1928 California Bungalow - the reason we bought in Albion - but

have been watching, in dismay, the escalation of knock-it-down/build townhouses in our immediate

neighbourhood. We currently have two subdivisions under construction around our property and

another at our rear fence was recently completed - this one looks straight into our backyard and

despite many objections the development was approved.

We also had a protracted dispute with an immediate neighbour over a replacement fence issue. We

favoured timber, they wanted colourbond.

We would heartily endorse a uniformity on fencing to go beyond the low, see-through front fences

(which we have) to extend to timber border fences for all new properties and replacement fencing.

The colourbond is a blight on the neighbourhood character.

The protracted dispute (which was settled in mediation with a compromise timber at the

front/colourbond at back) - was distressing and unsettling. It would have been so much easier to

have a character overlay and Council guidelines to cite (as many other Councils do).

But Council would not help us when we asked for guidelines or assistance.

I am happy to provide further feedback if required.

Suffice to say we wholeheartedly support any move to preserve the rapidly declining

Neighbourhood Character of Albion whilst there is still something here to preserve.

Kind regards,

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Submission 2

From: Sent: Monday, 1 December 2014 7:53 PM

To: Strategic Planning Subject: ALBION - Neibhbourhood Character Overlay Proposal

To whom this may concern:

Thank you for mailed information regarding you scheduled meeting dates (3 Dec

and 6 Dec 2014). As I have commitments on these dates, I’ve decided to just send

email to voice my household concern.

We have just moved recently to . Mainly because the neighbourhood’s

quietness and accessibility to transport and majority of amenities. As we are

preparing for our retirement, these criteria ticks all the boxes.

Looking at the map, our street is included on NCO proposal. Does this mean, flats

and townhouses building application permits will be permitted? How many storeys

will be allowed in your proposal? For a 495 block of land, will the construction of 2

double storey and 1 single storey behind will be permitted or had already been

permitted? I gathered from our neighbours that no. had already obtained

approval of the mentioned building to be built on the said size block of land. I’m

hoping that the plan/s approved had taken into consideration the privacy for us

and the next door neighbour (windows position – for the 2 storey building).

Another concern of mine. There is a eucalyptus tree behind us. I already rang

council that we are intending to have this cut as I’m worried that any time there’s a

strong wind it might break and fall to our house or the next door neighbour. I ask if

I need approval from the council. I’d been advised that no need as it is in our

property. This tree is due to be cutted sometime in December.

What is your comment on the previous advise to me by the council. I’m waiting for

your advise before I go ahead with the tree cutting.

Thank you.

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Submission 3

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Submission 4

From: Sent: Wednesday, 10 December 2014 1:28 PM

To: Strategic Planning Subject: Have your say on the Neighbourhood Character Overlay in Albion Submitted

Name

Address

Daytime Phone Number

Mobile Phone Number

Email

Residency

Do you live in Albion? Yes

Protecting neighbourhood character

Do you want to protect

neighbourhood character in

Albion?

Yes

Neighbourhood Character Overlay

Do you want a Neighbourhood

Character Overlay? Yes

Do you have any additional

comments?

A NCO would help guide future development within the

suburb and ensure it was in 'keeping' with the heritage

values of the area.

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Submission 5

Albion Neighbourhood Character Overlay Submission Name: Address: ALBION. 3020 Day time phone number: Email: Do you live in Albion? Yes Do you want to protect the neighbourhood character in Albion? Yes Do you want a neighbourhood character overlay? NO

ADDITIONAL COMMENTS I consider there are enough controls in the Brimbank Planning Scheme without incorporating an Albion overlay. That having been said, I think the current scheme should be adhered to. For example, the units currently under construction at , to me, as a layperson, appear quite at odds with the planning scheme. Regardless of whether they do or don’t comply the scheme, in my opinion, they’re a blight on both council’s planning department and the locality. Also, I believe, the neighbourhood would benefit if new developments were not issued a Certificate of Occupancy until landscape plans were implemented and nature strips reinstated. Some completed developments are so poor, they have the potential to detrimentally affect property prices while the cost of reinstating the street frontage inevitably becomes the burden of the ratepayers. Thanks

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Submission 6

From: Bigpond Sent: Wednesday, 10 December 2014 11:37 AM

To: Strategic Planning Cc:

Subject: Submission on 'Protecting the Character of Albion' proposals - Thank you for the information session at Albion on Saturday. In response, I wish to submit the following views for consideration: 1. I support in-principle, the concept of an Albion Neighbourhood Character Overlay for the Albion residential area, provided that it is based on solid preparatory work and studies, noting particularly the Council's 'Albion Neighbourhood Plan' report of June 2013, for which I was a Community Representative appointed by the Council to the relevant Albion Neighbourhood Plan Community Reference Group. 2. In my view, the proposed Overlay area should be developed in a manner that supports and gives primacy to the existing 'Heritage Overlay' zoning areas for Albion, in particular the War Service Homes Estate and the HV McKay Housing Estate provisions. We do not want to replicate or duplicate these provisions, which apply to a special part of Albion. We want a surrounding character that is complimentary but not necessarily mimicking. 3. In my view the provisions that result should also encourage progressive development and redevelopment of the suburb, setting out desired forms of development rather than with a focus on 'what cannot be done'. In support of public transport efficiency for Melbourne, the main areas for higher density development or redevelopment should be in the vicinity of the Albion Railway Station, but also noting and incorporating the Albion landmark and heritage buildings in that vicinity, particularly the John Darling Mills site 4. I suggest that the Overlay area planning controls need not extend to restrictions on renovations, carports/garages or front fences for existing development. Rather the approach should be educational guidelines made available to existing residents, with individual design choice and innovation then left to the current homeowner. Albion has some eclectic design features .. and long may they prosper in my view, rather than become a slave to regimentation. 5. However, I do strongly agree that the Overlay planning controls should cover new development and redevelopment for units, to ensure that design elements are in keeping with the Albion neighbourhood character and local streetscape. 6. I think there is considerable potential for local, small scale economic development in existing shops and shopfronts doted across the suburb ... I think the proposed overlay should be supported with a local economic development plan and associated initiatives/incentives. 7. In my view it is important that Council support the Overlay provisions with a proactive plan of municipal works, including: continuing improvement of the key open space/parkland elements (particularly next/ongoing phases of Selwyn Park development, for example, completing a sealed walkway/bikeway around the perimeter of Selwyn Park), additional bike lane marking (for example, Derrimut street connecting Selwyn Park and Koroit Creek bikeway to the Albion Railway station, and also King Edward Avenue connecting Selwyn Park to the Regional Railway overpass and into Sunshine CBD), minor traffic works to reduce 'rat-run' drivers, such as the unnecessary left hand turn extra lane from Hutchinson Street into Wyalong Street and landscape/streetscape improvements around the Albion Railway Station (which seem to have been forgotten in the recent re-concreting of the area by Council). Please let me know if I can further assist with commentary or review .. 10 December, 2014

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Submission 7

From:

Sent: Monday, 15 December 2014 9:14 PM


Subject: Submission : Protecting the character of Albion

We strongly support the proposal for Protecting the character of Albion.

Our submission and reasons and objections are listed below.

We would like you to reduce the influx of modern townhouses crammed into one plot of

land, with little or no garden, and the dwellings right up to the property line. Generally

these properties end up being rentals which means, that the tenants have very little

house/land pride. We have noticed in the past, increased rubbish around and on nature

strips (household furniture, mattresses, that can sit there for weeks on end) , overgrown

nature strips and weeds (which are a fire hazard in summer) and lack of respect for

those of us who pride ourselves on our homes and gardens.

Part of the charm of this area are the older houses that have been lovingly painted and

up kept, as well as matching gardens.

Lower fences also create a friendlier open-communication vibe with our neighbors. It

seems safer and more secure.

As the owners of an 1950’s weatherboard house with lots of character, we know that

house on either side of us will eventually be pulled down and two or three two storey

townhouses will be erected.

Firstly, this will block out the light to all one side of our house (and we have very little

natural light as it is) and our large private backyard, will now be shadowed by buildings,

not to mention our privacy compromised.

We bought this property over five years ago, believing this area was a good mix of

families and people of all ages. We have spent a lot of time and money in creating a

beautiful open backyard for us and our growing family. We could end up being blocked in

by two story dwellings over looking our backyard. If this was the case, we would

definitely look at moving, and we know a few other families in our area that also would if

this was to occur.

The increase in dwellings on each property, doubles or trebles the amount of people

living on a block, and if this continues this put more pressure on the existing

infrastructure in the area (roads, shopping areas and public transport is already

overcrowded).

Additionally there is often not off-street parking for these new dwellings, which adds to

more cars overcrowding the streets.

Recently our neighboring property (7 Brisbane St) sold, most likely to developers. if this

occurs and our natural light and privacy go, we are most likely to be moving from the

area.

Thank you for your consideration and we look forward to hearing a positive outcome

regarding this.

milyz

Rectangle

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Submission 8

From: Sent: Monday, 15 December 2014 6:54 PM


Subject: neighborhood character objectives in Albion

Thank you for giving us the opportunity to protect our suburb by having a say.

We are

The councils character overlay objectives are a great start in keeping and maintaining

Albion's character.

My husband and I moved here 10 years ago because of the large blocks and period homes

to start a family and have seen a large amount of development in that time. Some of which

certainly could have been better.

Undoubtedly most units and townhouses are built by developers that do not live in Albion

and are motivated by profit. Therefore they are not overly concerned with preserving and

maintaining local character or the impact it will have on neighboring properties.

All but one of our neighbor's have built units, including across the street. We are very

pleased we don’t have a double storey neighboring us.

We now have two children and very much love our big block and Selwyn park.

The one remaining period weatherboard house next to us has been rented out for the past

7 years and what was once a beautifully kept home with manicured gardens has been

trashed and completely unkept.

As you know these old little pockets of real estate are quickly dying and will be lost forever if

not preserved.

The whole reason we moved here in the first place was because of the large blocks and

lovely period style homes.

Other families in our street also feel as we do, so it is refreshing to hear that Brimbank

council are prepared to improve future developments in Albion.

Number is next to be bulldozed in the new year. I can only hope two single

storey buildings will be approved as opposed to three double storey houses.

The increase of cars parking on the street is overwhelming and its due to a lack of spaces per

unit. This certainly does not help the character in Albion streets.

We expectantly await Councils decision.

Regards

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Submission 9

From: Sent: Sunday, 14 December 2014 9:24 PM


Cc: Subject: Fw: Albion & Ardeer Community Club Inc submission on Council proposed Character

Overlay zone for Albion

Hello Brimbank City Council, via Strategic Planning Thankyou for the recent Albion Community Centre/Community Gardens briefing on the proposed Zone and the request for any formal views on, or prior to 15 December, 2014. In response AACC notes that during the current Holiday Season it is not possible to make a detailed and extensively canvassed Submission .. (the last AACC General Meeting for the year has already been conducted) ... however we are in a position to submit the following general and introductory comments/submission:

1. AACC formally supports, in-principle, the concept of an Albion Neighbourhood Character Overlay for the Albion residential area, based on solid evidentiary studies and considerations, including the Council's 'Albion Neighbourhood Plan' report of 2013

2. That within the proposed Overlay area, primacy should be retained for the existing 'Heritage Overlay' zoning area, in particular the War Service Homes Estate and the HV McKay Housing Estate

3. That, in support of public transport efficiency for Melbourne, the main areas for higher density development or redevelopment should be in the vicinity of the Albion Railway Station, but noting also the landmark and heritage buildings in that vicinity, particularly the John Darling Mills site

4. That the Overlay area planning controls need not extend to restrictions on renovations, carports/garages or front fences for existing individual houses in the first instance/iteration. Rather the initial approach should be educational guidelines made available to existing residents, with individual design choice and innovation then left to the homeowner.

5. That the Overlay planning controls should extend to new development and redevelopment of sites for multi-units, to ensure that design elements are in keeping with the Albion neighbourhood character and local streetscape.

6. That Council support the Overlay provisions with a proactive plan of municipal works, including the likes of: continuing improvement of the key open space/parkland elements, additional bike lane marking, minor traffic works to reduce 'rat-run' drivers and landscape/streetscape improvements around the Albion Railway Station.

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Submission 10

From: Sent: Sunday, 14 December 2014 12:39 PM


Subject: Have your say on the Neighbourhood Character Overlay in Albion Submitted

Name

Address

Daytime Phone Number

Mobile Phone Number

Email

Residency

Do you live in Albion? Yes

Protecting neighbourhood character

Do you want to protect

neighbourhood character

in Albion?

Yes

Neighbourhood Character Overlay

Do you want a

Neighbourhood Character

Overlay?

Yes

Do you have any

additional comments?

Key issues: - contemporary design which is sensitive to previous

eras such as post war and pre war - subdivided blocks should be

developed to maximise integration between old and new houses -

colour of townhouses, fences and garages

Attachment 2 Summary of Submissions Planning Scheme Amendment Proposal to introduce a Neighbourhood Character Overlay within Albion February 2015

No.

Submission Officer Consideration

1. 1. The submitter supports the Neighbourhood Character Overlay (NCO) within Albion.

2. Concerns are raised about the demolition of original dwellings which are being replaced by townhouses.

3. The submitter advocates having a NCO which includes consistent character relating to side fences.

1. The application of a NCO in Albion will assist to preserve the existing neighbourhood character.

2. Under current planning legislation it is not possible to prohibit multi-unit development. The introduction of a NCO in Albion will ensure that future development is consistent with the valued character of the area.

3. The NCO cannot regulate the construction of a side fence because it is exempt from requiring a planning permit under the overlay. The following applies to a side fence:

• A side fence may be constructed without a Building permit providing the fence does not exceed 2.0m in height or 1.5m in height when within 3m of the street alignment.

• Generally the replacement or construction of a side fence is an agreement between the two property owners; and is governed by the Fences Act 1968 of which Council has no jurisdiction.

2. 1. The submitter raised concerns about the intention of the proposed NCO relating to townhouse permits and how many storeys will be allowed.

2. That plans approved take into consideration privacy into windows and secluded private open space.

1. Under current planning legislation it is not possible to prohibit multi-unit development. The introduction of a NCO in Albion will ensure that future development is consistent with the valued character of the area. The NCO does not contain any requirements relating to density. This part of Albion is zoned General Residential Zone (GRZ) under the new residential zones. The GRZ promotes diversity of housing types and moderate housing growth in locations offering good access to services and transport. The GRZ includes a preferred height of 9 metres which is generally the equivalent three storeys provided amenity for adjoining properties can be preserved through the provision of appropriate setbacks.

2. The privacy considerations which apply in Rescode will remain in place if the NCO is approved in Albion. Rescode contains standards which regulate overlooking into windows and secluded private open space for dwellings.

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3. The submitter is concerned about being allowed to remove an existing tree located in their rear yard if the NCO is applied in Albion.

3. Under a NCO a permit is required to remove, destroy or lop trees if specified in a schedule to the overlay. This does not apply:

• To a tree that is less than 5 metres in height or has a trunk circumference of less than 0.5 metre measured 1 metre above ground level.

• To any action which is necessary to keep the whole or any part of a tree clear of an electric line provided the action is carried out in accordance with a code of practice prepared under Section 86 of the Electricity Safety Act 1998.

• If the tree presents an immediate risk of personal injury or damage to property.

• If the removal, destruction or lopping of the tree is necessary for emergency access and emergency works by a public authority or municipal council.

Therefore, a tree may be removed under the NCO if it poses a risk.

3. 1. The submitter disagrees with a proposal to place a NCO within Albion on the basis that a large Heritage Overlay already exists which protects ‘houses with good appeal and character’ in the area. The submitter believes that most houses outside the Heritage Overlay area do not have the same appeal and do not warrant the application of a NCO. In addition it is suggested that other areas located in the west which are considered affluent do not have an NCO.

2. It is also suggested that the application of an NCO will stifle development, which has already been affected by the application of the General Residential Zone reducing the number units allowed to two on a site.

1. The submitter’s opinion about the application of a NCO within Albion is noted and is taken into consideration. It is important that the submitter is provided with more information about the NCO to clarify the issues raised. This information can be summarised below:

A Heritage Overlay exists in part of Albion and the NCO if approved would be placed on another part of the area. There is a distinction between a Heritage Overlay and NCO which is provided below:

• A Heritage Overlay seeks to preserve buildings which are considered to be of heritage value. In the case of Albion the Heritage Overlay applies because the subdivision in question was part of a suburb created by Australia’s leading industrialist, H.V. McKay, and an example of the development of an industrial suburb, under the influence of the Garden City movement.

• The purpose of the NCO is to define those areas of character (not heritage) and provide a consistent approach to the assessment of future development against objectives to protect and maintain key character features in the built form and landscape.

Maribyrnong Planning Scheme contains four separate NCO areas located in Seddon, Yarraville and two areas in Footscray.

2. Under current planning legislation it is not possible to prohibit multi-unit development. The introduction of a NCO in Albion will ensure that future development is consistent with the valued character in the area. The NCO does not contain any requirements relating to density. Albion is zoned General Residential Zone (GRZ) under the new residential zones. The GRZ promotes diversity of housing types and moderate housing growth in locations offering good access to services and transport and allows more than two dwellings on a lot. The Heritage Overlay area has been zoned Neighbourhood Residential Zone which only allows two dwellings on a lot.

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3. The submitter has suggested that the proposal to apply a NCO in Albion is a ‘backward’ step because the area is located in a ‘Business Centre’ with proximity to major transport. Albion’s location should be utilised ‘to its full potential’ by developing viable residential options to expand the business of the area.

3. The Sunshine Town Centre incorporates a large and predominantly commercial area including the Albion Station, however does not include the residential areas of Albion. Albion is predominantly residential and its development is guided by Council’s Housing Strategy Home and Housed, 2014, and Albion Neighbourhood Plan 2013. Future residential development is intended to be low scale in nature, and some areas protected by a heritage overlay. The Albion Neighbourhood Plan also provides direction on about Community Facilities, Open Space and Streetscapes, Neighbourhood Character and Built Form and Access.

Council recently approved draft Planning Scheme Amendment C166 which proposes the application of the Residential Growth Zone along Ballarat Road which will encourage greater density in this location.

Consultation which occurred during the preparation of the Albion Neighbourhood Plan 2013 indicated that a large proportion of the Albion community are keen to preserve the neighbourhood character of the area. The application of a NCO can achieve this outcome.

4. 1. The submitter supports the NCO and considers it will guide future development within the suburb and ensure it is in keeping with the heritage values of the area.

1. The submitter’s opinion about the application of a NCO within Albion is noted and is taken into consideration. The purpose of a NCO is not to facilitate heritage protection as there is a distinction between a Heritage Overlay and NCO as follows:

• A Heritage Overlay seeks to preserve buildings which are considered to be of heritage value. In the case of Albion the Heritage Overlay applies because the subdivision in question was part of a suburb created by Australia’s leading industrialist, H.V. McKay, and an example of the development of an industrial suburb, under the influence of the Garden City movement.

• The purpose of the NCO is to define those areas of character (not heritage) and provide a consistent approach to the assessment of future development against objectives to protect and maintain key character features in the built form and landscape.

5. 1. The submitter supports protection of the neighbourhood character in Albion but does not support the application of a NCO as it is considered that there are enough planning controls in the Brimbank Planning Scheme. A few developments have been cited as being examples of housing which is designed in a way which is “at odds with the planning scheme’ in respect to not being consistent with the neighbourhood character of Albion.

2. It has been suggested that Neighbourhoods would benefit if new developments were not issued a Certificate of Occupancy until landscape plans were implemented and nature strips reinstated. The submitter believes some developments are so poor they have the potential to detrimentally affect property prices and believes the cost of reinstating the street frontage will be a burden on ratepayers.

1. The submitter’s opinion about the planning controls and quality of multi-unit developments in the Albion area are noted. Under current planning legislation multi-unit development is governed by the Brimbank Planning Scheme and more specifically Rescode. The Brimbank Planning Scheme does not have a preferred character statement which can be applied when considering neighbourhood character therefore this aspect of Rescode consideration is open to interpretation. The introduction of a NCO in Albion is a planning tool which would ensure that future development is consistent with the valued character of the area.

In the absence of a NCO there is no preferred character statement for Multi Unit development. The introduction of a NCO will ensure there is a consistent approach to design including areas where higher densities are to be encouraged, for example, along Ballarat Road.

2. Consistent with the submitters request Council recently introduced a requirement that landscaping works must be completed prior to the issuing of the Dwelling Occupancy Permit. Council requires a landscape bond to ensure that works are completed where the proponent receives a refund once the landscape works have been complete. Council’s Asset Protection Unit enforces suitable reinstatement of nature strips. Planning Enforcement ensure that the landscaping is completed consistent with the endorsed planning drawings.

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6. 1. The submitter supports the NCO in principle, provided it is based on solid preparatory work similar to the Albion Neighbourhood Plan 2013.

2. It is suggested that the NCO exempt garages, fences and renovations and new development and ensure the design outcomes which result from the NCO are complimentary rather than mimic the existing character of the area and not reduce opportunities to allow multi – unit development.

3. The proposed overlay should be supported with a local economic development plan and associated initiatives/incentives, as there is potential for local, small scale economic development.

4. The submitter emphasised the importance that Council support the NCO and ensure that actions identified in the Albion Neighbourhood Plan 2013 are completed.

1. A neighbourhood character study will be required to justify the NCO to identify and then support actions to achieve good development outcomes in both the public and private realm. The study will consist of an assessment of the character of the area and will establish existing character attributes. The schedules to the NCO will contain objectives to preserve the existing character.

2. Planning permit exemptions can be applied as part of the NCO which ensures development is consistent with the neighbourhood character. This will remove the need to obtain planning permission and reduce the amount of ‘red tape’ required for certain types of development which will reflect the accepted neighbourhood character outcomes. The exemptions can include a front fence, garage or renovations to dwellings.

Respecting neighbourhood character does not mean mimicry or pattern book design, or limiting the scope of design interpretation and innovation. Instead, it means designing the development in response to the features and characteristics identified in the neighbourhood which can include:

• Respecting the bulk and form of surrounding development

• Respecting the architectural style of surrounding development

• Determining whether either or both approaches should influence the design response will depend on the features and characteristics identified in the NCO.

3. Council’s Economic Development Framework 2012 identifies actions that Council will take to support economic change and growth in Brimbank. These actions will increase opportunities for business activity and investment while facilitating participation in employment and education for residents including Albion. The Economic Development Framework 2012 is aimed at building the competitiveness and resilience of the Brimbank local economy and supporting the ongoing economic wellbeing of the community.

4. Council has commenced implementation of the Albion Neighbourhood Plan 2013 and will consider identified projects and initiatives as part of the annual capital works and operational budget process.

7. 1. The submitter supports the proposal for the NCO, ideally having a reduction of modern townhouses which are having a detrimental impact on amenity through loss of access to daylight and privacy, and are not supported by sufficient infrastructure and contribute to overcrowding.

1. The submitter’s opinion about the quality of multi-unit developments in the Albion area is noted. Under current planning legislation it is not possible to prohibit multi-unit development. Multi-Unit developments are assessed using the Brimbank Planning Scheme and more specifically Rescode. An assessment using Rescode determines appropriate design outcomes to ensure optimum liveability is achieved in new development. The privacy considerations which apply in Rescode will remain in place if the NCO is approved in Albion. Rescode contains standards which regulate overlooking into windows and secluded private open space for dwellings. Rescode also requires the consideration of adequate on street and on site car parking together with infrastructure to accommodate increased density.

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2. That house pride in the area has diminished overtime, and is attributed to tenants not taking care of the properties.

The Brimbank Planning Scheme does not have a preferred character statement which can be applied when considering neighbourhood character therefore this aspect of Rescode consideration is open to interpretation. The introduction of a NCO in Albion is a planning tool which would ensure that future development is consistent with the defined valued character of the area which will also determine preferred fence design.

2. The application of the NCO will not govern the types of occupancy or maintenance which occurs on privately owned land located within Albion. Council only has jurisdiction over matters relating to fire safety and long grass and when a private dwelling is being used as what would be termed a Junk Yard. There are no existing regulations which allow Council to require house and garden maintenance.

8. 1. The submitter supports the proposal for the NCO with concerns raised about town house development.

2. The renting of period weatherboard houses has contributed to the poor maintenance of houses.

3. Increased demand for car parking on the street is a concern.

1. The submitter’s opinion about multi – unit development is noted. Under current planning legislation it is not possible to prohibit multi-unit development. The introduction of a NCO in Albion will ensure that future development is consistent with the valued character. The NCO does not contain any requirements relating to density. Albion is zoned General Residential Zone (GRZ) under the new residential zones. The GRZ promotes diversity of housing types and moderate housing growth in locations offering good access to services and transport.

2. The application of the NCO will not govern the types of occupancy or maintenance which occurs on privately owned land located within Albion. Council only has jurisdiction over matters relating to fire safety and long grass and when a private dwelling is being used as what would be termed a Junk Yard. There are no existing regulations which allow Council to require house and garden maintenance.

3. An assessment using Rescode determines appropriate design outcomes to ensure optimum liveability is achieved in new development and requires the consideration of adequate on street and on site car parking.

9. 1. The submitter supports the NCO in principle, provided it is based on solid preparatory work similar to the Albion Neighbourhood Plan 2013.

2. It is suggested that the NCO exempt garages, fences, and renovations, and that new development is complimentary rather than mimic the existing character of the area and not reduce opportunities to allow multi – unit development.

3. The proposed overlay should be supported with a

local economic development plan and associated initiatives/incentives, as there is potential for local, small scale economic development.

4. The submitter addressed the importance that Council support the NCO with a proactive plan of municipal works, as detailed in the submission

(same as no. 6)

(same as no. 6)

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10. 1. The submitter supports the proposal for the NCO suggesting that it promote contemporary design which integrates with the existing neighbourhood character.

Respecting neighbourhood character does not mean mimicry or pattern book design, or limiting the scope of design interpretation and innovation. Instead, it means designing the development in response to the features and characteristics identified in the neighbourhood which can include:

• Respecting the bulk and form of surrounding development

• Respecting the architectural style of surrounding development

• Determining whether either or both approaches should influence the design response will depend on the features and characteristics identified in the NCO.

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Attachment 3

report 10.2 - brimbank planning scheme amendment c163 ... · thank you for the recent booklet...

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