upc3 20 harcourt street, hawthorn east - city of boroondara · 2017. 5. 5. · page 1 of 37...

Urban Planning Special Committee Agenda 21/03/16

UPC3 20 Harcourt Street, Hawthorn East Application no.: PP15/00263 Responsible director John Luppino

City Planning Authorised by: Simon Mitchell

Manager Statutory Planning Report officer: Emily Blyth -

Senior Planner Statutory Planning

Abstract Proposal The proposal seeks approval for partial demolition and construction of buildings and works to an existing dwelling in a Heritage Overlay. Demolition works are located to the rear of the dwelling and are not visible from Harcourt Street. The proposed buildings and works comprise a basement, lower ground and ground floor level dwelling extension to an existing Contributory graded heritage dwelling. Proposed works also include the reinstatement of a chimney, construction of a swimming pool, and rear fence with vehicle access gates (to gain access from Rathmines Grove). The proposed dwelling extension is to be constructed of a combination of mid-dark grey render with a flat metal roof. Rear fencing is to be constructed with red brick and powder coated steel panel gates and chimney reinstatement works are to be red brick to match the dwelling. Issues The following are key issues with respect to this application:

Impacts on the adjoining HO160 (Rathmines Grove Precinct), Bulk and scale of the dwelling extension and non-compliances with Clause 54

(One Dwelling on a Lot); Traffic concerns in Rathmines Grove; and Removal of vegetation from the subject site. Officer's response The subject site is in excess of 500 square metres and the sole planning permit trigger is the Heritage Overlay. As such, the provisions of Clause 54 (One Dwelling on a Lot) do not apply and the application is only subject to an assessment of matters raised by the Heritage Policy. Traffic is also not able to be considered in relation to this application, although it is noted that Council’s Traffic Engineers have advised that any additional traffic generated by the proposal in Rathmines Grove can be reasonably accommodated without impacting on safety. The proposal has achieved an appropriate level of compliance against the relevant provisions of Clause 22.05 (Heritage Policy), Clause 43.01 (Heritage Overlay Schedule 151) as well as the mandatory building height requirements of Clause 32.09 (Neighbourhood Residential Zone Schedule 3). The proposal also has the support of Council’s Heritage Advisor.

City of Boroondara 20 Harcourt Street of 62


The proposed dwelling extension has been sited centrally and is not visible above the ridgeline of the existing dwelling when viewed from Harcourt Street. This is consistent with the requirements of the Heritage Policy at Clause 22.05 of the Planning Scheme. In addition to this, the proposed extension will only be partially visible directly in front of the dwelling and from the western oblique angle from Harcourt Street. In regard to vegetation removal, a Local Law Permit has been issued for the removal of a number of trees, with the reasons set out in the report.

Officers' recommendation That the Urban Planning Special Committee resolve that a Notice of Decision to Grant Planning Permit No. PP15/00263 for partial demolition and construction of buildings and works to an existing dwelling in a Heritage Overlay at 20 Harcourt Street, Hawthorn East be issued under the Boroondara Planning Scheme subject to the following conditions: Layout not to be altered 1. The layout of the site and the size, levels, design and location of buildings and

works shown on the endorsed plans must not be modified for any reason (unless the Boroondara Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.

Drainage 2. The site must be drained to the satisfaction of the Responsible Authority. Boundary walls 3. The external faces of walls on or facing boundaries must be cleaned and

finished to an acceptable standard to the satisfaction of the Responsible Authority.

Permit to expire: 4. This permit will expire if:

a) The development does not start within two (2) years of the issue date of this permit; or

b) The development is not completed within four (4) years of the issue date of this permit.

The Responsible Authority may extend the times referred to if a request is made in writing before the permit expires or:

(i) within six (6) months afterwards if the development has not commenced;

or (ii) within twelve (12) months afterwards if the development has not been

completed.

Council and the Victorian Civil and Administrative Tribunal are unable to approve requests outside of the relevant time frame.



Notes: Headings are for ease of reference only and do not affect the interpretation of permit conditions. This is not a Building Permit. A Building Permit may be required prior to the commencement of any works associated with the proposed development. Prior to the commencement of any works on the site, the owner/developer must submit drainage plans for assessment and approval by the Responsible Authority (Asset Management). Stormwater drains are to be connected to a legal point of discharge approved by Council. Drainage Connections within a road reserve, right-of-way, parkland, within an easement or to a Health Act drain must be to Council’s standards. A Council Supervision Permit is required for this work. All fees and charges associated with the connection are to be borne by the applicant. Plant, equipment or services (other than those shown on the endorsed plans) that are visible from a street or a public park may require further planning permission. This includes air-conditioners, solar panels, water tank and the like. The Tree Protection Local Law requires that a Local Law Tree Permit be sought from Council for the removal and/or lopping of a 'Significant Tree' and/or excavation within the critical root zone of a Significant Tree. A list of Significant Trees is available at http://www.boroondara.vic.gov.au/our-city/trees/significant-trees. A Local Law Tree Permit is also required to remove, damage kill or destroy any identified 'Canopy Tree' which may include any excavation within the tree protection zone of a 'canopy tree'. The Tree Protection Local Law identifies a 'Canopy tree' as any tree with a single trunk circumference of 110cm or a combined circumference of a multi stemmed tree of 110cm or greater measured at 1.5m above ground level. A Planning Permit does not constitute a Local Law Tree Permit or permission to remove, damage kill or destroy a significant or canopy tree. The Tree Protection Local Law is available to download at http://www.boroondara.vic.gov.au/our-city/trees/tree-works-permits alternatively please contact Council’s Arborist – Statutory Planning (telephone 9278 4888) should a Local Law Tree Permit be required. An Asset Protection Permit is required prior to the commencement of site works in accordance with Council’s Protection of Council Assets and Control of Building Sites Local Law 2011. Prior consent from Council and any and all public authorities is required to be obtained for alteration or reinstatement of assets or services affected as a result of the development. The full cost of reinstatement of any Council assets damaged as a result of demolition, building or construction works, must be met by the permit applicant or any other person responsible for such damage, to the satisfaction of the Responsible Authority.



Discharge to the legal point of discharge will be allowed subject to the flow being limited to a rate equivalent to pre-development levels or less. Any additional discharge and / or runoff above the pre-development level is to be detained on site, via an approved storm water detention system. This matter should be discussed with Council’s Asset Management Department. The permit application was not assessed against the provisions of Clause 54 – One Dwelling on a Lot (ResCode) of the Boroondara Planning Scheme. It is the responsibility of the applicant/owner to appoint a Registered Building Surveyor to determine compliance pursuant to the Building Regulations. Non-compliance with ResCode provisions will require dispensation from Council’s Building Services Department.


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STATUTORY PLANNING OFFICERS REPORT Urban Planning Committee

Application Number PP15/00263Date Application Received 30/03/2015 (Amended plans 08/03/2016) Planning Officer Emily Blyth

Applicant Jane Riddell Architects Pty Ltd Owner Mrs RN Meehan

Property Address 20 Harcourt Street, Hawthorn East Proposal Partial demolition and construction of buildings and

works to an existing dwelling in a Heritage Overlay Ward Junction

Zoning Neighbourhood Residential Zone 3 Overlays Heritage Overlay Schedule 151

ContributoryDrainage Area of Interest? No

Advertised? Yes Number Objections Received 13 (including 1 petition with 11 signatures) Recommendation Notice of Decision to Grant a Permit

PLANS ASSESSED IN THIS REPORT Plans advertised December 2015

PROPOSAL

Appendix A - Plans

An application has been made to Council for partial demolition and construction of buildings and works to an existing dwelling in a Heritage Overlay.

Details of the proposal are summarised as follows:

Demolition of an attached dwelling extension comprising kitchen, meals, family, Bedroom 3, rumpus, laundry, hallway, patio, internal stairs, external stairs, paving and garage. All demolition works are located to the rear of the dwelling, with the exception of the garage, which is sited to the western side of the dwelling, setback 21.3 metres from the front title boundary.

Urban Planning Special Committee Agenda 21/03/16______________________________________________________________________________________

______________________________________________________________________________________City of Boroondara 20 Harcourt Street of 62

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Local Law tree removal permit Tree15/00222 was issued 6 May 2015 approving the removal of five (5) trees from the rear of the subject site including:

o Acer negundo (Box Elder Maple)o Callistemon Sp. (Kings Park Special)o Syzygium smithii (Lilly pilly)o Cottoneaster frigidus (Cottoneaster)o Crataegus laevigata (Hawthorn)

The proposed dwelling extension is located to the rear of the dwelling and comprises a basement, lower ground floor and ground floor. Details of each level are as follows: Basement level

o Exposed aggregate concrete ramp; o 4 car basement garage with turntable; o 2x 10,000L water tanks; o Workshop, store and cellar; and o Lobby with spiral staircase and lift.

Lower Ground level o Single garage accessed via existing crossover to Harcourt Street, setback

21.3 metres from the front title boundary, behind the existing porch (comparable to existing garage location).

o Bathroom, water closet, lobby, stairwell/lift, storage, laundry, 3 Bedrooms (one with ensuite), games/media room, service yard, swimming pool, lower patio, paving and landscaping; and

o Vehicle entry gates and brick fence to Rathmines Grove. Ground level

o Lobby, kitchen, meals, family, 1 Bedroom with WIR and ensuite, powder room, storage, stairwell/lift and patio.

Ground level (existing dwelling to be retained) o No change to existing verandah/porch and entry, lounge and dining;o Bedroom 1 converted to a library; o Study converted to a bar; o Bedroom 2 converted to a study; o Bathroom converted to a pantry and wine store; o Minor upgrades to window openings on western elevation of existing

bathroom and water closet, doorway opening to southern elevation of existing water closet and window openings to eastern elevation of existing kitchen/meals areas (no alteration to size or location of openings).

o Reinstatement of the fireplace/chimney to existing Bedroom 1.



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The proposed dwelling extension is to be constructed to a maximum height of 8.2 metres from natural ground level and is to have a flat roof form. It is noted that the site slopes from north-east (front - RL 58.13) down to the south-west (rear - RL 52.35) for a total depth of 5.78 metres and as such, the dwelling has been designed in accordance with the topography of the land. Whilst the maximum height of the dwelling extension is 8.2 metres, this is not the height of the entire extension. A portion of the dwelling extension with a length of 14.9 metres has a height of 8.2 metres, which then steps down toward the south (rear) with a maximum height of 4.5 metres for a length of 4.8 metres, with the remaining portion of the addition further reduced in height. It is noted that the proposed wall on the southern portion of the western boundary is lower than an existing structure on the western adjoining property which abuts this boundary. The following sectional diagrams depict the extent of works above natural ground level:

North/south sectional diagram

As detailed above, the front, original portion of the existing dwelling is to be retained, with no alterations to the setback of the dwelling from the title boundary.

At basement level, the proposed dwelling extension is to be setback a minimum of 4.8 metres from the eastern boundary, 0.97m from the western boundary and 7.8-13.6 metres from the southern (rear) boundary.

At lower ground floor level, the proposed dwelling extension is to be setback a minimum of 3.5 metres from the eastern elevation, 1.1 metres from the western elevation, and 13.1 metres from the southern (rear) elevation.

At ground floor level, the proposed dwelling extension is to be setback a minimum of 1.36m from the eastern boundary (existing wall setback 1.1 metres), 1.1-1.9 metres from the western boundary, with the garage to be constructed on the boundary in a comparable location to the existing garage. The proposed garage is setback 21.4 metres from the northern (front) boundary. Vehicle access is gained via an existing crossover, which connects to a 3.7 metre wide concrete accessway which runs along the western boundary.

The existing front fence and accessway to Harcourt Street are to be retained.



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The proposed dwelling extension is to be constructed with a rendered finish and flat roof.

Colours and materials include a combination of Dulux ‘Whitsunday Island’ and ‘Stepney’ mid to dark-grey render, red-brick (chimney and rear fence), Dulux ‘Stepney’ powder-coated steel (entry gates to rear) and Dulux ‘Black’ powder-coated steel (window and door frames).

THE SITE

Appendix B - Locality Plan

Site Location South side of Harcourt Street, Hawthorn East. Width of Frontage 18.29 metres Maximum Depth of Site 60.96 metres Total Site Area 1114.95m2

Easements The subject site is not encumbered by any easements. Fall of the Land The site has a moderate fall from the north to the south of

approximately 5.0 metres. Front Fencing Details A 1.8 metre high steel picket fence on a stone base is

located along the frontage of the site and is proposed to be retained.

The subject site is currently developed with a part two-storey Federation style dwelling with a Contributory grading.

The existing building is setback a minimum of 10.8 metres from Harcourt Street. Vehicle access is via a crossover and driveway adjacent to the western boundary of

the site.



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Figure 1 - Subject site

Figure 2 - Subject site from street)



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Figure 3 - Subject site from Rathmines Grove (rear)

THE SURROUNDING AREA

Figure 4 - Zoning and Overlay map



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Figure 5 - Aerial photograph

Figure 6 - Aerial photograph



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Figure 7 - 16-18 Harcourt Street, Hawthorn East (east)

Figure 8 - 16-18 Harcourt Street, Hawthorn East (east)

Land adjoining the subject site to the east (16-18 Harcourt Street) comprises a total area of approximately 3331m², with one dwelling constructed toward the rear of the site. The dwelling is a significantly graded heritage dwelling and is one of the significant nineteenth-century mansions, referenced within the Heritage Overlay 151, Harcourt Street Precinct Statement of Significance. The dwelling is a two-storey Victorian era building, with a swimming pool constructed within the front setback, tennis court and extensive areas of open garden space to the west. Vehicle access is from both Harcourt Street and Rathmines Grove.



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Figure 8 - 22 Harcourt Street, Hawthorn East (west)

Land adjoining the subject site to the west (22 Harcourt Street) contains a single dwelling on a lot of approximately 1199m². The existing dwelling is a single storey brick dwelling, with a pitched, tiled roof and is located toward the front of the site. The dwelling has a Non-Contributory grading within the Heritage Overlay 151, Harcourt Street Precinct. Vehicle access is gained via Harcourt Street.

Figure 9 - 15 Harcourt Street, Hawthorn East (north-west, opposite)



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Land on the opposite side of Harcourt Street from the subject site to the north-west (15 Harcourt Street) contains another example of a mansion referenced by the Statement of Significance, with a Significant heritage grading. The Victorian era dwelling is located to the rear of the 4289m² site. The dwelling is two-stories, with a swimming pool and tennis court constructed within the front setback and extensive areas of open garden space to the north, south and west of the dwelling. Vehicle access is gained via Harcourt Street.

Figure 10 - 17-19 Harcourt Street, Hawthorn East (north-east, opposite)

Land on the opposite side of Harcourt Street from the subject site to the north-east (17-19 Harcourt Street) comprises a total area of approximately 1934m². The site contains a single storey brick dwelling with a pitched, tiled roof. The Victorian era dwelling has a Contributory grading within the Heritage Overlay 151, Harcourt Street Precinct. The dwelling is located centrally on site, with vehicle access gained via Harcourt Street.



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Figure 11 - Western side of Rathmines Grove (south) - rear of subject site pictured left

Figure 12 - Eastern side of Rathmines Grove (south)

Land to the south (rear) of the subject site to the south comprises No’s. 1 and 2 Rathmines Grove, Hawthorn East. Both dwellings are located within the Heritage Overlay 160, Rathmines Grove Heritage Precinct. The above photos of properties within Rathmines Grove depict the modest, single storey nature of dwellings which contribute to the character of Rathmines Grove. The Victorian era dwellings hold a Contributory grading and are constructed of weatherboard with hipped, metal sheet roofing. Dwellings along Rathmines Grove are not typically provided with on-site car parking.



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STATEMENT OF SIGNIFICANCE

The following statement of significance provides a summary of the significance and key attributes of Boroondara's Heritage Overlay 151 Precinct. Unless otherwise referenced, the statements have been identified in the Review of Heritage Overlay Precinct Citations (2006) prepared by Lovell Chen Pty Ltd.

Harcourt Street Precinct, Hawthorn HO151 Statement of Significance Harcourt Street features a concentration of nineteenth century mansions of a high level of design, a number of which retain expansive grounds.

The mansion houses are interspersed with series of distinctive and substantial Federation designs, and interwar houses in Tudor and related modes.

The southern part of the precinct is notable for smaller middle class houses on Rathmines Road, Auburn Road, some with miniature arched tower-form porches of a type occasionally seen in Canterbury and Kew. These are accompanied by broad single-fronted, single-storey Italianate middle-class housing with verandahs in Bayview Avenue and Molesworth Street. This stock is largely intact, usually with stone patterned timber facades or polychrome brickwork, often with mature gardens and sometimes with original fencing.

The mansion designs by the noted architect John Beswicke, in an Italianate mode that complemented his designs for Hawthorn and Camberwell Town Halls and the Glenferrie and Auburn shopping centres. The south and west end has similarly vigorous and distinctive designs by a later generation of architects, as well as the Auburn Primary School at 51 Rathmines Road, built in stages from 1890.

The character of the area is enhanced and rendered distinctive by broad kerbside lawns and mature street trees, arching over Harcourt Street and Higham Road within the precinct boundaries. The William Angliss Reserve, adjacent to the precinct at its east end, visibly separates the precinct from neighbouring areas and reinforces its garden character.

RESTRICTIVE COVENANT/AGREEMENTS

No covenant or restriction has been registered on Title for this property.

ABORIGINAL CULTURAL HERITAGE

Is the site within an area of Aboriginal cultural heritage sensitivity? NoIs a Cultural Heritage Management Plan required? No



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PERMIT/SITE HISTORY

Details of previous applications are as follows:

Application No. Date of Decision Decision Description of Proposal PP09/00704 20/10/2009 Permit Part demolition and construction of

alterations and additions to an existing dwelling in a HO (works to chimney to east of dwelling façade).

Construction has been undertaken in accordance with the permit, with the chimney built in compliance with the endorsed plans.

NOTICE OF APPLICATION

Pursuant to Section 52 of the Planning & Environment Act 1987, the application was advertised by:

Sending notices to the owners and occupiers of adjoining land; and Placing sign/s on the land for a period of 14 days.

Fourteen (14) objections including a petition signed by eleven (11) signatories were initially received to the proposal. The grounds of objection are summarised as follows:

Built form and Heritage The proposed structure will dominate Rathmines Grove and impact on the

Heritage significance of the adjoining Heritage Overlay Schedule 160 (Rathmines Grove Precinct, Hawthorn East) and is not sensitive to its surroundings;

Loss of privacy/overlooking/overshadowing; Non-compliance with standard A10 of ResCode; Significant changes to streetscape (Rathmines Grove); 20 Harcourt Street forms part of the Rathmines Grove streetscape and this

should not be ignored; The proposal is modern, imposing and is at odds with the predominantly modest

cottage streetscape; Other houses in Rathmines Grove have been renovated within the parameters of

the Heritage Overlay;

Traffic and parking: Rathmines Grove is a narrow, congested ‘no through road’ and the majority of

residents of Rathmines Grove do not have on-site parking. Parking, manoeuvring and driving vehicles in Rathmines Grove has been a longstanding issue;



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The plans demonstrate vehicle access to Harcourt Street and Rathmines Grove, car ingress and egress is intended from Rathmines Grove;

Extra traffic in Rathmines Grove is a safety risk for pedestrians; Noise pollution to Rathmines Grove as a result of vehicle access; Air pollution from cars idling at rear entry to subject site; Negative impact on the quality of life to residents of Rathmines Grove if the

subject site is to be accessed via Rathmines Grove for construction, landscaping purposes; and

The proposed multi-car garage is uncharacteristic of the area;

Tree removal: Objection to removal of trees to the rear of the subject site.

It is noted that one (1) individual objection has been withdrawn subsequent to discussions with the Applicant/Land owner. In addition to this, one (1) of the undersigned within the petition sought to withdraw their objection provided the removal of trees did not form part of the proposal. It is confirmed that the proposed tree removal has been previously approved via a Local Law Permit. Given this it is considered that this objection is not withdrawn.

Therefore the total number of objections considered (including one (1) petition with eleven (11) signatories and twelve (12) individual objections) is thirteen (13).

INTERNAL REFERRALS

Heritage

The application was referred to Council’s Heritage Advisor. A summary of the comments provided is as follows:

Contributory dwelling within HO151. Rear aspect of the site is visible from HO160 - Rathmines Grove Precinct.

Demolition:

Despite the c1906 footprint of the building indicating that the rear extension to be demolished forms part of the original form, there is no concern with its removal as it is not seen from the street and therefore makes no contribution to the precinct.

Alterations and additions:



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Alterations to the windows are located to the rear of the elevations, and again not visible from the street. New works are sufficiently recessed to the rear of the site allowing the original built form to remain prominent to the street. The visible section of the new building is lower than the original form and therefore reads as a secondary element. The garage to the front façade replaces an existing form in the same location, no further impacts created.

Given the abutment of HO160 to the rear of the site, the interface of the back of the site to Rathmines Grove is an important consideration and the proposal must not have an impact on both HO’s. The height of proposed face brick rear fence will be 2.895m at the lower end and 2.914m (gate height) and 3.5m (fence) at the highest point on the western boundary. This appears to match the existing fence and is considered sufficient to reduce the impact on the adjoining precinct. Red brick is an appropriate material and is reflective of the existing dwelling.

Powder-coated flat plate steel for the screens and rear gates in dark grey is appropriate and minimises impact on the adjoining precinct.

The Reinstatement of the chimney stack to the principal elevation of the building is supported as it is historically correct and based on existing evidence. The proposed material of red brick matches the existing dwelling and is appropriate.

Officer Comment

The above comments indicate the support of Council’s Heritage Advisor.

EXTERNAL REFERRALS

The application was not required to be referred externally.

GOVERNANCE ISSUES

The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights contained in the Victorian Charter of Human Rights and Responsibilities Act 2006.

The officers responsible for this report have no direct or indirect interests requiring disclosure.

CONSIDERATIONS



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In assessing this application, consideration has been given to the following: The objectives of planning in Victoria as detailed in Section 4 of the Planning &

Environment Act 1987; Section 60 of the Planning & Environment Act 1987; The relevant provisions and decision guidelines of the Boroondara Planning

Scheme including the decision guidelines of Clause 65; Any comment or decision of a referral authority; Any objections received.

This proposal does not raise any significant adverse social or economic impacts. General social and economic impacts are addressed by the planning policy assessment below.

BOROONDARA PLANNING SCHEME

ZONING & OVERLAYS

Appendix D - Zoning Map

Neighbourhood Residential Zone Schedule 3

Pursuant to Clause 32.09-4 of the Boroondara Planning Scheme, a permit is required to construct or extend one dwelling on: A lot of between 300 square metres and 500 square metres as specified in the

schedule to the zone.

A development must meet the requirements of Clause 54.

Officer Comment:

As the lot size is more than 500 square metres, a planning permit is not required for the proposed buildings and works associated with the construction of an extension to the existing dwelling under the provisions of the zone. As such, the proposal is not subject to a ResCode assessment.

Maximum Building Height

Pursuant to Clause 32.09-8 of the Boroondara Planning Scheme, the maximum height of a building used for the purpose of a dwelling or residential building must not exceed the building height specified in a schedule to this zone. If no building height is specified, the height of a building must not exceed 8 metres unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the height of the building must not exceed 9 metres.



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This does not apply to: An extension of an existing building that exceeds the specified building height

provided that the extension does not exceed the existing building height. An extension of an existing building or the construction of a new building that

exceeds the specified building height which does not exceed the height of immediately adjacent buildings facing the same street.

The rebuilding of a lawful building or works which have been damaged or destroyed. A building which exceeds the specified building height for which a valid building

permit was in effect prior to the introduction of this provision

Officer Comment

Whilst a permit is not required for the construction of the dwelling under the requirements of the Neighbourhood Residential Zone, the proposed extension to the existing dwelling is required to demonstrate compliance with the mandatory maximum height requirement for the zone, which is 9.0 metres from natural ground level in this case, given the slope of the land.

The proposal details a maximum height of 8.1 metres from natural ground level and is therefore compliant with the mandatory height limit.

Heritage Overlay Schedule 151

Pursuant to Clause 43.01-1 of the Boroondara Planning Scheme, a permit is required to: Demolish or remove a building. Construct a building or construct or carry out works, including:

A fence. A domestic swimming pool. Externally alter a building by rendering. Carry out works that change the appearance of a heritage place or which are

not undertaken to the same details, specifications and materials.

The purpose of the overlay is: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To conserve and enhance heritage places of natural or cultural significance. To conserve and enhance those elements which contribute to the significance of heritage places.



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To ensure that development does not adversely affect the significance of heritage places. To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

The decision guidelines under the overlay are as follows:

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place. Any applicable statement of significance, heritage study and any applicable conservation policy. Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place. Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place. Whether the demolition, removal or external alteration will adversely affect the significance of the heritage place. Whether the proposed works will adversely affect the significance, character or appearance of the heritage place. Whether the proposed subdivision will adversely affect the significance of the heritage place. Whether the proposed subdivision may result in development which will adversely affect the significance, character or appearance of the heritage place. Whether the proposed sign will adversely affect the significance, character or appearance of the heritage place. Whether the lopping or development will adversely affect the health, appearance or significance of the tree.

The subject site is located within the Prospect Hill Precinct (HO151) Harcourt Street Precinct.

Officer comment

The proposal is generally considered to be consistent with the decision guidelines of the Heritage Overlay. The proposal adopts a contemporary design approach that is considered to provide for a satisfactory design response to Council’s Heritage Policy in



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this case due to the slope of the subject site down toward the rear of the site, combined with the limited height of the proposed flat roof form. If the proposal had incorporated a pitched roof form, the dwelling extension would have imposed a more significant built form than that currently proposed, given the increased visibility.

The proposed dwelling extension presents as a secondary and recessive element to the existing dwelling, which will ensure that the detailing of the existing heritage dwelling remains the prominent feature of the site, when viewed within the Heritage Precinct from the public realm. This approach is supported by Council’s Heritage Advisor.

The decision guidelines are considered to be incorporated in the requirements of Clause 22.05 (Heritage Policy) of the Boroondara Planning Scheme and a more detailed assessment against these provisions is contained in that section of this report.

It is important to acknowledge that the site directly adjoins the Heritage Overlay Schedule 160 (Rathmines Grove Precinct) to the south, therefore impacts on the adjoining precinct must also be considered. This is discussed in detail within the Heritage Policy (Clause 22.05) section of this report.

OFFICER ASSESSMENT

STATE PLANNING POLICY FRAMEWORK

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

Clause 9 - Plan Melbourne Clause 11 - Settlement Clause 15 - Built Environment & Heritage Clause 16 – Housing

Plan Melbourne is a long-term plan to accommodate Melbourne’s future growth in population and employment. It seeks to integrate long-term land use, infrastructure and transport planning to meet the population, housing and employment needs for the future and to build a vibrant central city core.

Plan Melbourne provides communities with clear direction about the future of their neighbourhoods, identifies areas that can accommodate future growth, seeks to ensure that any new development will make a positive contribution to local areas whilst simultaneously acting to protect the majority of our existing suburban areas from inappropriate development.



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Clause 15.03 (Heritage) aims to:

Provide for the protection of natural heritage sites and man-made resources and the maintenance of ecological processes and biological diversity. Provide for the conservation and enhancement of those places which are of, aesthetic, archaeological, architectural, cultural, scientific, or social significance, or otherwise of special cultural value. Encourage appropriate development that respects places with identified heritage values and creates a worthy legacy for future generations. Retain those elements that contribute to the importance of the heritage place. Encourage the conservation and restoration of contributory elements. Ensure an appropriate setting and context for heritage places is maintained or enhanced.

The proposal is considered to be generally consistent with the objectives outlined in the relevant Clauses of the State Planning Policy Framework. This is discussed in detail below.

LOCAL PLANNING POLICY FRAMEWORK

The following local policy is relevant to the assessment of the current application:

Clause 22.05 - Heritage Policy

The objectives of Heritage Policy are:

To encourage the retention and conservation of all ‘significant’ or ‘contributory’ heritage places in the Heritage Overlay. To consider the cultural heritage significance described in the statement of significance for any heritage place as part of the design process of any proposal and when making decisions about proposed buildings and works associated with that place. To ensure that works, including conservation, alterations, additions and new development, respect the cultural heritage significance of the heritage place. To ensure that subdivision respects the cultural heritage significance of the heritage place. To ensure that, when determining or when considering issues of bulk, form and appearance of additions or new development, the evaluation is based on the characteristics of the significant or contributory components of the fabric of the heritage place, rather than any non-contributory elements that may exist in the area.



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To promote urban and architectural design which clearly and positively supports the ongoing significance of heritage places. To retain original fabric that contributes to the cultural heritage significance of the heritage place. To ensure that development within activity centres respects, protects and enhances the cultural heritage significance of identified heritage places.

The following policies apply when considering planning permit applications under the Heritage Overlay.

Statement of Significance It is policy to:

Take into account the statement of significance for a heritage place when making decisions about proposed buildings and works associated with that place; Where more than one statement of significance exists in relation to a heritage place, only the more recent statement of significance should be considered. Where an individual heritage place is located within a heritage study, any proposal must have regard to both the most recent statement of significance for the individual place (where available) as well as the most recent statement of significance for the heritage precinct in which it is located.

It is noted that the relevant Statement of Significance is set out on page 10 of this report.

Officer Discussion

The existing dwelling located on the subject site is a part double-storey Federation style dwelling with non-original front fencing. The Harcourt Street Precinct is distinguished by its concentration of nineteenth century mansions interspersed with a series of distinctive and substantial Federation designs, and interwar houses.

The current application seeks to retain the primary dwelling façade and presentation to Harcourt Street which is considered to maintain the integrity of the subject site’s contribution to the HO151.

Demolition It is policy to:

Retain ‘significant’ or ‘contributory’ heritage places and not normally allow their total demolition.



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Permit partial demolition of ‘significant’ or ‘contributory’ heritage places for the purpose of additions and alterations if the additions and alterations will not adversely affect the cultural heritage significance of the place and the proposed addition or alteration is in accordance with the provisions of this policy. Permit partial demolition to remove non-original and non-contributory additions to heritage places in line with the conservation provisions of this policy. Consider the following, as appropriate, before determining an application for demolition of ‘significant’ or contributory’ heritage places or parts of ‘significant’ or ‘contributory’ heritage places:

The cultural heritage significance of the heritage place, and, when located in a heritage precinct, the contribution of the place to the significance of the precinct; Whether the demolition or removal of the entire heritage place or any part of the place will adversely affect cultural heritage significance; Whether the demolition or removal contributes to the long-term conservation of the heritage place; and Whether the heritage place is structurally unsound. The poor condition of a heritage place should not in itself, be a reason for permitting demolition of ‘significant’ or ‘contributory’ heritage places.

Require an application for a new building or works to accompany a demolition application. The demolition or removal of any heritage place or part of a heritage place will not normally be approved until a replacement building or development is approved. Require a visual record of the important or original fabric of any ‘significant’ heritage place which is to be demolished or removed to the satisfaction of the responsible authority prior to demolition being approved. Normally permit the demolition of ‘non-contributory’ places. However, the demolition or removal of ‘non-contributory’ places will not generally be approved until a replacement building or development is approved. An application for a new building or works should accompany a demolition application.

Officer Discussion

The application proposes to demolish an attached dwelling extension comprising kitchen, meals, family, Bedroom 3, rumpus, laundry, hallway, patio, internal stairs, external stairs, paving and garage. All demolition works are located to the rear of the dwelling, with the exception of the garage, which is sited to the western side of the dwelling, setback 21.3 metres from the front title boundary.

The portion of the dwelling to be demolished forms part of the original fabric of the dwelling however, Council’s Heritage Advisor has indicated that there is no concern with



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extent of the proposed demolition as it is not seen from the street and therefore will not impact on the significance of the precinct. In addition to this, the proposed demolition works will not impact negatively on Rathmines Grove, including views to the subject site from Rathmines Grove, as the portion of the existing dwelling to be demolished is not readily visible from Rathmines Grove. The following image at Figure 13 demonstrates the existing views to the rear of the subject site, when positioned in Rathmines Grove, it is noted that the darker portion of the roof (including the chimney) is not proposed to be demolished:

Figure 13 - Rear view of 20 Harcourt from Rathmines Grove

Conservation of ‘Significant’ or ‘Contributory’ Heritage Places

For all ‘significant’ or ‘contributory’ heritage places it is policy to:

Encourage the conservation of significant external fabric, particularly fabric seen from the street. Encourage the restoration and/or reconstruction of a known original or earlier appearance, particularly as viewed from the street. Restoration and/or reconstruction works should be based on historical evidence. For reconstruction works, in cases where no evidence is available, a simple and understated contemporary design incorporating a traditional form and bulk may be acceptable. Ensure that restoration and reconstruction is undertaken using appropriate replacement materials.



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Encourage the removal of alterations and additions that detract from the significance of a heritage place. Discourage the painting of previously unpainted surfaces. Discourage sandblasting of render, masonry or timber surfaces. In the case of commercial buildings, encourage the retention, restoration or reconstruction of original or early shopfronts and/or verandahs. In the case of commercial buildings, where historical evidence of an early street verandah exists, it may be appropriate to reinstate a timber or cast iron verandah based on historical models. In cases where no evidence is available, a simple and understated contemporary design incorporating a traditional form and scale may be acceptable. Discourage the introduction of architectural features, where it is known that these features were not originally present, with the exception of street verandahs to commercial buildings, as outlined in the above point.

Officer Discussion

The application proposes to reinstate a chimney to the west of the existing portion of the dwelling to be retained and is visible from the primary dwelling facade. The fireplace is currently located within existing Bedroom 1, which is proposed to be converted to a Library.

Council’s Heritage Advisor has indicated that the reinstatement of the chimney stack is acceptable as the works are historically correct and based on existing evidence.

Alterations to ‘Significant’ or ‘Contributory’ Heritage Places

It is policy that:

All alterations which are not restoration or reconstruction works should be directed at maintaining the cultural heritage significance and integrity of the place. New openings in the principal façade(s) or principal visible roof forms of ‘significant’ or ‘contributory’ heritage places will not normally be permitted. Any new signage on a heritage building should minimise visual clutter and should not obscure or destroy any architectural features of cultural heritage significance.

Officer Discussion

The proposal seeks to retain the primary dwelling façade, with alterations to existing openings located to the rear of the dwelling and not readily visible from the street. Existing openings which are proposed to be altered are not proposed to be increased in size, with no new window or door openings proposed.



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As previously discussed, the existing garage is to be demolished and replaced with a new garage in the same location as the existing garage. The proposed garage is setback between 6.8 and 9.0 metres behind the dwelling façade and 21.4 metres from the northern (front) title boundary. In addition to this, the subject site slopes downward 1.6 metres from the front title boundary to the location of the garage and as such, visibility of the garage structure will be limited from the street.

It is considered that the proposed garage is a recessive element and does not form part of the primary dwelling façade.

Additions to ‘Significant’ or ‘Contributory’ Heritage Places

It is policy that all additions to ‘significant’ or ‘contributory’ heritage places:

Should not change the principal façade or principal visible roof forms of the heritage place. Should not alter or obscure fabric that contributes to the cultural heritage significance of any part of a ‘significant’ heritage place. Should be designed in a manner that responds to, is respectful of, and is compatible with the built form and architectural treatment of the heritage place. Should make use of materials and surface finishes that are complementary to the original fabric of the heritage place but should be discernible as new. Details (including, but not limited to the type and form of windows, doors, architectural features and verandahs) should be interpretive, that is, a simplified, modern interpretation of the historic form rather than a direct reproduction. That involve ground level additions, should preferably be located to the rear of the building where they have less impact on any aesthetic and architectural contribution of the building to the streetscape and/or heritage precinct. These additions should be visually recessive and read as a secondary element to the heritage place. Where side setbacks are an important feature in a heritage precinct, ground level additions should have side setbacks that are the same or similar to those of the precinct. That involve upper level additions to commercial, retail or industrial heritage buildings, should be sufficiently set back from the front facade to appear as a secondary element of the heritage place and provide a clear distinction between the original building and the new addition. That involve upper level additions to dwelling forms (as shown in Figure 1), should be sited and massed behind the principal façade and principal visible roof forms so they are not visible from the street. Upper-storey additions may be considered to be ‘not visible from the street’ if:



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they are sited within an “envelope” created by projecting a sight line from 1.6 metres above ground level (this being the eye level of an adult person of average height) from a point where the footpath on the opposite side of the road meets the property line directly opposite the site to the top of the front parapet or the ridge of the principal roof form

they are centrally sited or are sited to ensure that where visible to oblique views, the additions are visually recessive and read as secondary elements to the heritage place and that those views are minimised. Particular regard is to be given to the roof form of the existing building and the location of any driveway on the site as the driveway side setback generally allows for greater visibility of the addition.

For corner sites, the sight line is taken from the primary street frontage. All additions visible from other street frontages should be distinct from, and read as a secondary element to, the heritage place. Applications for upper-storey additions should be accompanied by oblique view diagrams from each side of the property boundary, taken from the point where the footpath meets the side edge of the property boundary on the opposite side of the road and looking towards the proposed addition. Vegetation and fences are not considered to be permanent screening and will not be taken into account when determining if a proposed addition is visible from the street.

Officer Discussion

The proposed dwelling extension has been located to the rear of the dwelling and does not interfere with the built form, roof or original fabric of the existing primary dwelling façade.

It is noted that a 2.2 metre wide section of the dwelling extension will be visible partially from the street view and also from the western oblique view. However it is noted that this portion of the proposed extension is setback in excess of 28 metres from the front title boundary. The wall is also partially screened by the existing porch and proposed



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garage to the west of the existing dwelling. The western oblique is included for clarity at Figure 14 below:

Figure 14 - Western oblique

The proposed dwelling extension is not visible from the eastern oblique view of the subject site, as demonstrated in Figure 15:

Figure 15 - Eastern oblique

It is considered that the proposed dwelling extension is respectful of and compatible with the heritage place due to the extensive setbacks achieved from the street, utilisation of simple materials, and overall height which does not exceed that of the existing ridgeline. The east and west elevations, as detailed below in Figures 16 and 17,



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demonstrate the respectful height of the proposed works when compared with the existing dwelling:

Figure16 - Eastern elevation

Figure17 - Western elevation

The proposed works are centrally sited, with an overall height which is below the ridgeline of the existing portion of the dwelling to be retained and is consistent with the requirements of the Heritage Policy. As the visible section of the new building is lower than the original form, it reads as a secondary element and is therefore acceptable.

Vehicle Accommodation, Outbuildings and Services

Vehicle accommodation and other outbuildings and services should not dominate heritage places.

It is policy to: Ensure that vehicle accommodation and other services do not dominate heritage places, by encouraging adoption of the following design guidelines:

Minimising new vehicle cross-overs in the case of ‘significant’ or ‘contributory’ heritage places or in a heritage precinct with narrow street frontage or where few or no crossovers exist or where rear laneway access is available. Allowing the relocation of existing vehicle crossovers only where this does not negatively impact on the significance a heritage place. Generally discouraging the widening of vehicle crossovers, except in the interests of traffic safety, or the construction of large areas of paving or other hard surfaces in the front setback.



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Encouraging the location of new carports, garages and outbuildings to the rear of the main building, where the character of the heritage place supports that location, or at the side of the building behind the main front building line (excluding verandahs, porches, bay windows or similar projecting features). Encouraging the location of replacement carports, garages or outbuildings to follow the same principles as for new ones, even if the structure being replaced is located in the front setback. Encouraging new carports, garages and outbuildings that are visible from the street to use wall openings, roof forms and materials used should complement, but not replicate the main building or the characteristics of the heritage precinct. Discouraging the location of swimming pools in the front setback. Allowing the location of rain water tanks, hot water systems, air-conditioning units and other equipment in areas visible from the street only when it can be shown that they will not detract from the heritage significance of the place. Where there is no reasonable alternative location, ancillaries and services, including those that will reduce greenhouse gas emissions or water consumption such as solar panels, solar hot water services or water storage tanks, may be visible from the street, but should be sensitively located to minimise their visibility/visual impact. Visual roof fixtures, such as solar panels, should align with the profile of the roof and should not be mounted on protruding frames.

Officer Discussion

As previously discussed, the application seeks to construct a replacement garage to Harcourt Street. The replacement garage is considered to be acceptable as it is setback the same distance as the existing garage from the street, is sited behind the principal façade and has limited visibility due to the downward slope of the land toward the rear. This garage is to utilise the existing accessway to Harcourt Street with no alterations to the front fence or vehicle access gate.

It is noted that no new outbuildings or services are proposed within the frontage of the subject site.

The application also seeks to gain vehicular access via the laneway at the northern end of Rathmines Grove, to the rear of the site. It is noted that Council’s Property and Rates Department has confirmed that this laneway was historically used as a road and as such, access to the subject site via the laneway is considered to be appropriate. It is proposed to construct a basement garage to accommodate four (4) vehicles, which will be manoeuvred with a turntable within the basement, in order to allow for vehicles to enter and exit the site in a forward direction. The basement will be accessed via an exposed aggregate ramp 6.2 metres in width at the southern title boundary adjoining the laneway and 4.8 metres in width at the basement entrance. The accessway, ramp and



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basement are all to be screened from view of Rathmines Grove by proposed automatic gates which are detailed in the discussion regarding fences, below.

On balance, it is considered that the proposed car parking arrangements for the subject site are consistent with the requirements of the Heritage Policy and have the support of Council’s Heritage Advisor.

Fences

It is policy to: Retain original or early fences of ‘significant’ or ‘contributory’ heritage places. Encourage the reconstruction of original fences where historical evidence exists of their form, or encourage the construction of new front fences in sympathy to the period and design of the ‘significant’ or ‘contributory’ heritage place. The National Trust of Australia (Victoria) Technical Bulletin 8.1 Fences & Gates (1988) provides guidance on fencing styles. In the case of new buildings or alterations and additions to non-contributory places, encourage the construction of front fences that are sympathetic to the cultural heritage significance and character of the heritage precinct. Discourage the construction of high fences that block the view of the main façade of a ‘significant’ or ‘contributory’ place from the street or, in the case of non-contributory places, detract from the streetscape of the heritage area.

Officer Discussion

The application seeks to retain the existing 1.8 metre steel picket fence and gate to Harcourt Street.

A new fence is proposed to the rear of the site, which is visible from Rathmines Grove. The rear fence is to be constructed of red brick to match the dwelling and is to be constructed to a height of 2.8m at the lower end and 2.9m (gate height) and 3.5m (fence) at the highest point on the western boundary. The proposed gates are to be constructed of matte powder coated flat plate steel in dark grey. Council’s Heritage Advisor has indicated that the proposed fence/gate height and materials are acceptable and will not impact negatively on the adjoining precinct (Rathmines Grove Precinct HO160). The proposed rear fence will have no negative impact on the Harcourt Street Precinct.

Roads and Laneways

It is policy to: Ensure buildings and works to roads and laneways maintain the heritage significance of the road or laneway through the use of sympathetic materials where feasible.



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Officer Discussion

As previously discussed, Council’s Heritage Advisor has indicated that the proposed fence and gates to the rear of the site are appropriate and will not impact negatively on the laneway to the rear of the site.

Adjoining Heritage Precinct HO160 - Rathmines Grove, Hawthorn East

It is important to acknowledge that the site directly adjoins the Heritage Overlay Schedule 160 (Rathmines Grove Precinct) to the south, therefore impacts on the adjoining precinct must also be considered.

The Statement of Significance for the Rathmines Grove Precinct describes the significance of the area as follows:

HO160 Rathmines Grove Precinct, Hawthorn East

Rathmines Grove Precinct, Hawthorn East, is an area of heritage significance for the following reasons:

The place is a highly intact, single storey, Victorian timber precinct of generally single-fronted houses with timber block fronted front walls, and cast iron verandahs.

The place is associated with the large mansions along Harcourt Street and illustrates the flow-on effect of early mansion house construction on the type of development in the surrounding area. The dwellings along Rathmines Grove were originally developed as small servicing quarters for these mansions.

The proposed dwelling extension is setback 13.01 metres from the southern (rear) boundary (Media room of Lower Ground Floor level) at which point, the building has a height of 4.5 metres (5.5 metres including screening for the patio above). The Ground Floor level (at the Family room/Bedroom wall) is setback 18.0 metres from the southern boundary, with a height of 8.1 metres. It is noted that this is the maximum overall height of the proposed dwelling extension.

It is acknowledged that the slope of the site continues along Rathmines Grove, which is lower than the rear of the subject site. However, it is considered that the proposed dwelling extension employs appropriate setbacks, building heights and colours/materials of construction in order to minimise impacts on the Rathmines Grove Heritage Precinct.

Further to this, the proposed rear fence is to be constructed to the same height as the existing fence and as such, it is considered that the interface between the Harcourt Street and Rathmines Grove Heritage Precincts is acceptable and will not be



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detrimental to either Precinct. The Applicant has also supplied a 3D perspective of the rear elevation to Rathmines Grove, which has been included at Figure 18. This image further demonstrates the integration of the proposed works within the setting of Rathmines Grove and its adjoining Heritage significance.

Figure 18 - Rear perspective from Rathmines Grove

Council’s Heritage Advisor has assessed impacts of the proposed development on both Precincts and has indicated that the proposal is an acceptable response.



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OBJECTION RESPONSE

Those matters not already addressed in the foregoing report are discussed below:

Total Number of Objections: Thirteen (13)(including a petition with ten (10) signatories)

Summary of Objection Officer Comment The proposed structure will dominate Rathmines Grove and impact on the Heritage significance of the adjoining Heritage Overlay Schedule 160 (Rathmines Grove Precinct, Hawthorn East) and is not sensitive to its surroundings;

Significant changes to streetscape (Rathmines Grove);

20 Harcourt Street forms part of the Rathmines Grove streetscape and this should not be ignored.

As discussed within the Clause 22.05 (Heritage Policy) assessment of the proposal, the dwelling extension incorporates sufficient setbacks and building heights as well as appropriate building materials which seek to ensure the development does not significantly impact on the Harcourt Street Heritage Precinct in which is it located, or the adjoining Rathmines Grove Heritage Precinct which it abuts.

It is not considered that a significant change to the Rathmines Grove streetscape will result. The primary interface is a fence which is to be replaced with a fence of the same height.

It is noted that Rathmines Grove slopes downward away from the subject site, so some visibility of the subject site from Rathmines Grove is inevitable. The proposed development is setback a sufficient distance so as not to be a dominant feature of Rathmines Grove.

The maximum allowable building height for the subject site (due to the slope of the land) is 9.0 metres from natural ground level. The proposed maximum height is 8.1 metres from natural ground level.

Development of dwellings within Rathmines Grove are subject to a separate Statement of Significance and built form to that of the subject site as they are located in separate Heritage Precincts. It is considered that the proposed development is an appropriate response within the context of its setting and the required policy parameters for both precincts.



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The Rathmines Grove Precinct (Heritage Overlay 160), is an area of heritage significance for the following reasons:

The place is a highly intact, single storey, Victorian timber precinct of generally single-fronted houses with timber block fronted front walls, and cast iron verandahs.The place is associated with the large mansions along Harcourt Street and illustrates the flow-on effect of early mansion house construction on the type of development in the surrounding area. The dwellings along Rathmines Grove were originally developed as small servicing quarters for these mansions.

The current proposal will not impact on the built form of Rathmines Grove given the proposed setback to the rear boundary. Furthermore, the proposal will not alter the historic relationship between larger dwellings in Harcourt Street and the smaller scale houses of Rathmines Grove.

Loss of privacy/overlooking/ overshadowing; and

Non-compliance with Standard A10 (Side and Rear Setbacks) of ResCode.

Matters pertaining to amenity are not relevant to the current application, as the sole trigger is the Heritage Overlay. As such, provisions of Clause 54 (One Dwelling on a Lot) of the Boroondara Planning Scheme, including overlooking, overshadowing and visual bulk are not applicable to the proposal. Should a Notice of Decision to Grant a Planning Permit be made to issue, the Building permit process will assess relevant amenity impacts.

It should be noted that Amendment VC33 (1 September 2005) approved the removal of the requirement for a Clause 54 assessment for applications where the Heritage Overlay was the sole permit trigger in residential zones, ‘in order to reduce unnecessary confusion and delays’.

A recent Tribunal decision (Bowman v Boroondara CC [2016] VCAT 301 55 The Boulevard, Hawthorn (2 March 2016) has provided clear guidance on the assessment parameters of an application where the sole permit trigger is the Heritage Overlay in which it is located. An extract of the decision at Paragraph 4



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states that:

‘It is a well-established principle of planning law, known as the National Trust principle[1] that a discretion cannot be exercised for a purpose other than that for which it is granted. This means that if the sole reason why a permit is required arises under the Heritage Overlay, then the responsible authority (or the Tribunal upon review) may only exercise its discretion whether to grant a permit based on matters arising under the Heritage Overlay.’

As such, amenity based objections cannot be considered within the relevant decision making parameters.

The proposal is modern, imposing and is at odds with the predominantly modest cottage streetscape.

The proposed development whilst contemporary in design and extensive, is located on a large site (1114.95m2) and proposes an overall height 0.9 metres below the mandatory maximum building height as prescribed by the Neighbourhood Residential Zone 3 and a setback of 28 metres from Harcourt street and 18.1 metres from Rathmines Grove. The proposal seeks to utilise simple, quality materials and colours which will not compete for attention with, or detract from the existing dwelling.

The proposed multi-car garage is uncharacteristic of the area.

The design of the proposed multi-car basement garage will be inconsequential on the significance of the Harcourt Street Precinct as it is not visible from the site frontage. In addition to this, the basement will not be readily visible from Rathmines Grove due to the oblique position of the basement entry from the laneway. Further the proposed rear fencing and gates will screen views to the accessway and basement from Rathmines Grove.

Other houses in Rathmines Grove have been renovated within the parameters of the Heritage Overlay.

It is considered that the proposed buildings and works to 20 Harcourt Street are a satisfactory outcome within the context of both the requirements of HO151 and HO160, as discussed at length under the Heritage Policy section of this report.

Traffic and Parking It is important to note that as the sole permit trigger



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Rathmines Grove is a narrow, congested ‘no through road’ and the majority of residents of Rathmines Grove do not have on-site parking. Parking, manoeuvring and driving vehicles in Rathmines Grove has been a longstanding issue;

The plans demonstrate vehicle access to Harcourt Street and Rathmines Grove, car ingress and egress is intended from Rathmines Grove;

Extra traffic in Rathmines Grove is a safety risk for pedestrians;

Noise pollution to Rathmines Grove as a result of vehicle access;

Air pollution from cars idling at rear entry to subject site; and

Negative impact on the quality of life to residents of Rathmines Grove if the subject site is to be accessed via Rathmines Grove for construction, landscaping purposes.

for this application is the Heritage Overlay, the provisions of Clause 52.06 (Car Parking) are not applicable. Notwithstanding this, the following comments are provided to clarify issued raised in specific objections.

Council’s Traffic and Transport Department have confirmed that the addition of four (4) cars to the traffic flow in Rathmines Grove, which have access to onsite carparking, with the ability to enter and exit the site in a forward direction are unlikely to impact significantly on the safe operation and utilisation of Rathmines Grove.

It is not considered that the additional vehicles to Rathmines Grove will introduce an unreasonable level of air or noise pollution above that which is existing.

Access to the subject site for construction workers and supplies is not a relevant planning matter and will be managed through the Road Safety Act and Council’s Amenity Local Law, should Council resolve to issue a Notice of Decision to Grant a Planning Permit.

Vegetation Removal

Objection to removal of trees to the rear of the subject site.

The trees in question are classified as canopy trees pursuant to Council Tree Protection Local Law.

Local Law tree removal permit Tree15/00222 was issued 6 May 2015 approving the removal of five (5) trees from the rear of the subject site including:

o Acer negundo - Box Elder Maple (weed species with decay)

o Callistemon Sp. - Kings Park Special (poor condition)

o Syzygium smithii - Lilly pilly (advanced decline, poor health)



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o Cottoneaster frigidus - Cottoneaster (weed species)

o Crataegus laevigata - Hawthorn (weed species, dieback in crown)

It is noted that the mature garden within the front setback of the subject site is to be retained, which is consistent Statement of Significance for the Heritage Overlay 151 Harcourt Street Precinct, which indicates that mature gardens are characteristic of the area.



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