Planning Committee

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Planning Committee
Planning Committee Meeting
10 May 2016
Notice and Agenda of Meeting
to be held in the Council Chamber,
Magid Drive, Narre Warren
Commencing at 6:30 p.m.
Chairperson:
Councillor Damien Rosario
Members:
Mayor Cr Sam Aziz
Deputy Mayor Cr Mick Morland, OAM
Deputy Mayor Cr Wayne Smith, BJ, JP
Councillor Geoff Ablett
Councillor Susan Serey
Councillor Rosalie Crestani
Councillor Rafal Kaplon
Councillor Gary Rowe
Councillor Amanda Stapledon
Councillor Louise Berkelmans
Chief Executive Officer: Mike Tyler
ORDER OF BUSINESS
1.
Statement of Acknowledgement
The City of Casey acknowledges that we are on the traditional land of the
Bunurong and Wurundjeri People and pays respect to all elders past and present.
2.
Apologies
3.
Confirmation of Minutes of:
Planning Committee Meeting held on 12 April 2016
4.
Declaration by Councillors of any Conflict of Interest or Personal Interests
pursuant to Sections 79 and 79B of the Local Government Act 1989 (the Act) in
any items on the Notice Paper. (Note that Section 79(2)(a)(i) of the Act requires
Councillors to disclose the nature of a Conflict of Interest or a Personal Interest
immediately before the relevant consideration or discussion). Section 79B also
requires that the Councillor declaring a Personal Interest must seek consent from
Council to be exempt from voting on the item.
5.
Consideration of Officers’ Reports

Section 1 - Permit Applications
Planning Officers
Director Planning and Development Services
-
Peter Fitchett
Manager Statutory Planning and Subdivisions
-
Duncan Turner
Co-ordinator - Subdivision Permits
-
Bill Zombor
Team Leader - Statutory Planning
-
Craig Tate
Team Leader - Statutory Planning
-
Nick Moore
Team Leader - Planning Scheme Implementations
-
Michael Pollard
Planning Committee
Permit Applications
Registration and Delegation of Application to Planning Officer
Preliminary assessment and Site Inspection
Further Information if
required
Referral of application internal/external
Advertising of Application
Assessment of Application
Objections received
Notice of Decision
Refusal
No objections
Permit
Permit
Refusal
Appeal to VCAT
VCAT decision
Refusal
Permit
Permit amended conditions
Planning Committee
INDEX TO SECTION 1 – PERMIT APPLICATIONS
Item
Page
No.
File
1.1
5
PlnA00369/15
1.2
53
1.3
79
Ward
(if
applicable)
Description
Recommendation
Mayfield
PlnA00369/15
150-156 South Gippsland Highway,
Cranbourne
Use of the land as a Tavern, associated
Buildings and Works, On-premises
Liquor Licence, Display Business
Identification Signage, Reduction in
Car Parking requirements and
Alteration of access to a Road Zone
Category 1
That Council issue a
Notice of Decision to
Grant a Permit
PlnA00703/15
Mayfield
PlnA00703/15
515 Narre Warren Road, Cranbourne
North
Development of Ten Dwellings
That Council
Resolve to Present a
Case of Support at
VCAT
PlnA01118/15
Mayfield
PlnA01118/15
8A Elaine Court, Cranbourne
Development of a Dwelling
That Council issue a
Notice of Decision to
Grant a Permit
Planning Committee
Section 1 – Permit Applications
File No.:
Planning Permit App No.:
Address:
Proposal:
Recommendation:
10 May 2016
Item 1.1
PlnA00369/15
PlnA00369/15
150-156 South Gippsland Highway CRANBOURNE VIC 3977
CP 154360
Use of the land as a Tavern, associated Buildings and Works,
On-premises Liquor Licence, Display Business Identification
Signage, Reduction in Car Parking requirements and Alteration
of access to a Road Zone Category 1
That Council issue a Notice of Decision to Grant a Permit
Executive Summary
Date Lodged
20 May 2015 (76 statutory days elapsed)
Existing Land Use
Vacant building, most recently used as a licenced restaurant
Surrounding Land Use
Mixed use including convenience restaurant to the north, residential and
commercial to the east and commercial to the south and west.
Applicant
Nepean Planning Consultants
Zone
Clause 37.08 - Activity Centre Zone
Overlays
Clause 43.01 - Heritage Overlay
Clause 45.03 - Environmental Audit Overlay
MSS/Council Policies
Clause 21.05 – The Built Up Area
Clause 21.11 – Employment
Clause 21.12 – Image
Clause 22.07 – Retail Policy
Clause 22.15 – Good Design Policy
Clause 22.16 - Advertising Signs Policy
Clause 22.17 – Stormwater Policy
Objections
8
Key Issues





Appropriateness and intensity of proposed tavern use
Appropriateness of the reduction in car parking requirements
Amenity impacts on surrounding area
Car parking and traffic management
Operational details
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
The Proposal
It is proposed to:

Use the existing heritage building as a tavern;
A tavern is defined in the Planning Scheme as:
Land used to sell liquor for consumption on the premises. It may include
accommodation, food for consumption on the premises, entertainment, dancing,
amusement machines, and gambling.

Include an on-premises liquor licence.

Extend the existing mezzanine to create additional dining area;

Internal re-arrangement of the existing layout;

Display business identification signs;

Develop an additional new freestanding building to the north of the existing building
(described on the plans as ‘function area’). This building will also include storage, cool
room, bar and toilet facilities.

Develop two covered walkways between the buildings.

Fencing around both building to create an outdoor seating area (crushed rock)

Reduce the number of car spaces required under the provisions of the planning
scheme (Clause 52.06 - Car Parking) by 127 spaces.

Alter Access to South Gippsland Highway (RDZ1)
Other details of the use include:

The use would accommodate a maximum of 400 patrons;

Thirty-three car spaces and five bicycle racks are proposed on-site,

Hours proposed are as follows:
o
Sunday between 7:00am to 11:00pm
o
Good Friday and ANZAC Day between 12 noon and 11:00 pm
o
Any other day between 7:00am and 1:00am the following morning
A full description of the proposal is included in Appendix 1.
Details of the proposal are shown on the attached plans (refer to Attachment A).
Site and Surrounding Area
The subject site is located on the north east corner of High Street (South Gippsland Highway) and
Stawell Street Cranbourne, within the Activity Centre Zone (Cranbourne Town Centre).
The land is approximately 2236m2 in size and is not currently tenanted. The existing building onsite is the former St Agatha’s Catholic Church which is recognised as having heritage significance
by way of Heritage Overlay (HO135) under the Casey Planning Scheme.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
The site maintains a road frontage of approximately 55m to High Street (South Gippsland
Highway) and 19m to Stawell Street. South Gippsland Highway is located within a Road Zone
Category 1 (RDZ1).
The surrounding area is characterised as mixed use with a convenience restaurant located to the
north, residential properties and commercial to the east, strip shopping expanding along High
Street to the south and the Cranbourne Park Shopping Centre to the west. All properties are
located within the Activity Centre Zone.
Details of the neighbourhood character are included in Appendix 2.
Any relevant planning history is included in Appendix 3.
Locality Plan
 Subject site
 Objector’s property
▲ North
Ward: Mayfield
Melway Ref: 133 K4
Planning Controls
Why is a permit required?
Zone
Activity Centre Zone
Pursuant to Schedule 1 to the Activity Centre Zone
permit is required to use the land as a Tavern.
Pursuant to Clause 37.08-5 a permit is required to
Construct a Building or Construct or Carry out Works.
Overlays
Heritage Overlay
Schedule 135 Heavenly Pancakes
(former St Agatha’s
Pursuant to Clause 43.01-1 a permit is required to:
- Construct or Carry out Works;
- Construct and Display a Sign; and
Page 7
Planning Committee
Section 1 – Permit Applications
Particular
Provisions
10 May 2016
Item 1.1
Catholic Church)
- Construct a Fence.
Environmental Audit
Overlay
The proposal does not trigger the need for planning
permission under this overlay as Tavern is not defined
as a sensitive use.
Pursuant to Clause 52.05-7, Business Identification
Signage exceeding a total of 8m2 is a Section 2
permit required sign and therefore planning
permission is required to display the sign.
Pursuant to Clause 52.06-3 a permit is required to
reduce the standard car parking requirement.
Pursuant to Clause 52.06-5, 160 car spaces are
required to be provided on site for the Tavern use. It
is noted that the application includes the provision of
33 spaces; therefore seeking a reduction of 127
spaces.
Pursuant to Clause 52.27 a permit is required to sell
or consume liquor if a licence is required under the
Liquor Control Reform Act 1998.
Pursuant to Clause 52.29 a permit is required to alter
access to a road in a Road Zone, Category 1.
Advertising Signage
(Category 1)
Car Parking
Licenced Premises
Land adjacent to a Road
Zone, Category 1
A full assessment against the above provisions and the relevant sections of State and Local policy
is included in Appendix 4.
Referrals
The application was referred to external agencies and Council Departments for comment and
advice. A complete list of responses is included in Appendix 5.
All Council departments as well as VicRoads support the application subject to conditions included
on any permit issued.
Advertising
The zone and overlay triggers of the proposal were exempt from formal notification under the
provisions of the Casey Planning Scheme however, the application was advertised on the basis of
the particular provision triggers. The advertising was satisfactorily completed and 8 objections were
received (refer to Locality Plan for the location of objectors’ properties).
The grounds of objection may be summarised as follows:
1.
Reduction in car parking and reliance on shopping centre car park;
2.
Increase in traffic and congestion;
3.
Use of adjoining properties’ car parking areas for overflow parking and policing of this /
unreasonable and excessive pressure on other off-street car parking including disruption to
tenants and clients of adjoining businesses;
4.
Traffic and pedestrian activity & associated safety concerns;
5.
Unacceptable precedent for a reduction in car parking;
Page 8
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
6.
Inappropriate use near a residential area;
7.
Increase in noise from venue (live music and cool-room generator);
8.
Disruptive behaviour of patrons (alcohol and violence);
9.
Inappropriate lighting of car parks (safety of patrons)
10.
Unfair allocation of parking given adjoining owners have paid significant amounts for a
separate car parking under a Council Car Parking Scheme
11.
Devaluation of property values.
A response to these objections is provided in Appendix 6.
Officer Direct or Indirect Interest
No Council officers involved in the preparation of this report have a direct or indirect interest in
matters for consideration.
Conclusion
A recommendation for approval is based on an assessment against the requirements of the Casey
Planning Scheme and consideration of all written objections. The key basis for the
recommendation is:

The proposal demonstrates a level of appropriateness within the Activity Centre Zone,
heritage considerations and policy context and of particular importance, is consistent
with Clauses 17 (Economic Development); 21.12 (Image) and 22.07 (Retail Policy) in
providing for business facilitation and economic development to Casey. The use is
appropriately located in the Principal Activity Centre of Cranbourne and will provide
local employment opportunities and will attract expenditure to the area.

The proposal will contribute to strengthening the hierarchy of the activity centre and
facilitate a diversity of activity by facilitating the provision of entertainment, leisure and
cultural facilities in an appropriate location within the regional centre of Cranbourne.

The application presents a sound response to the heritage and cultural significance of
the site in terms of form and function. The plans accompanying this application provide
a respectful and sympathetic response to the existing building and its heritage
significance. The proposal makes a positive contribution to the community via the
reuse and preservation of a heritage building and potentially avoids a situation of
demolition by neglect.

Council’s Traffic Engineers are satisfied with the amount of car spaces provided on site
and it is acknowledged that South Gippsland Highway and the immediate area are well
serviced by public transport (train and bus).

Councils’ Traffic Engineers have assessed the proposal and have not raised any
concern that the proposed use and development will cause an unreasonable increase
in traffic flows within the local street network or that the proposed use and development
will cause unreasonable impacts on traffic safety. Further, VicRoads had no objection
to the proposal.

With respect to amenity concerns, it is not expected that such a use within the Activity
Centre Zone will result in unreasonable impacts to neighbouring properties. Further,
Page 9
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
conditions of any approval to issue will address and regulate hours of operation, patron
management, general amenity, noise, other operational details, waste storage and
collection and light spill.
Recommendation
A.
That Council issue Notice of Decision to Grant a Permit PlnA00369/15 for Use of the
land as a Tavern, Associated Buildings and Works, On-Premises Liquor Licence,
Advertising Signage, Reduction in Car Parking, and Access to a Road in a Road Zone
Category 1 at 150-156 South Gippsland Highway CRANBOURNE VIC 3977, CP 154360
in accordance with the plans to be submitted and subject to the conditions contained
in Appendix 7.
B.
That the objectors be notified of Council’s decision.
C.
That VicRoads and Victoria Police be notified of Council’s decision.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Appendices: Application details, considerations and assessment
Appendix 1: Details of proposal
It is proposed to:

Use the existing heritage building as a Tavern to accommodate 400 patrons;

Include an On-Premises Liquor Licence.

Extend the existing mezzanine to create an additional dining area;

Internally re-arrange the existing layout;

Display Business Identification Signs;

Develop an additional new freestanding building to the north of the existing building
(described on the plans as ‘function area’). This building will also include storage, cool
room, bar and toilet facilities.

Develop two covered walkways between the buildings.

Fencing around both building to create an outdoor seating area (crushed rock)

Reduce the number of car spaces required under the provisions of the planning
scheme (Clause 52.06 - Car Parking) by 127 spaces.

Alter Access to South Gippsland Highway (RDZ1)
Access & Car parking

33 car spaces are proposed to be provided within an existing car park to the south of
the buildings (closest to South Gippsland Hwy).

1 disabled car space will be provided within the car park and located to the south of the
tavern.

Access to the car park will be via the existing crossovers and vehicle access provided
to High Street and Stawell Street. Both access ways will be widened to 6.1m in width.
Licenced Premises (Tavern)
The application proposes an on-premises liquor licence, seeking patron capacity to 400
persons and the following licensed operating hours:

Sunday between 7:00am to 11:00pm


Good Friday and ANZAC Day between 12 noon and 11:00pm
Any other day between 7:00am and 1:00am the following morning
The proposal involves the provision of food, liquor and live entertainment (with live music
typically provided on Friday and Saturday evenings). It is proposed that amplified music be
restricted to the following hours:
Page 11
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1

Sunday between 12 noon and 9:00pm

Monday to Thursday between 12 noon and 11:00pm

Friday and Saturday between 12 noon and 1:00am the following morning. The
proposed ‘red line’ (licenced area) plan follows all external walls of the buildings and
proposed external courtyard area fencing.
Food service will include breakfast, lunch and dinner daily. The applicant has submitted that
the business owners are looking to showcase local and imported wines and beers in
combination with preparation of quality food.
Alterations and additions
The proposal involves construction of a function room, cool room and storage area within the
northern portion of the site. Covered walkways are proposed to provide all-weather connectivity
between the existing building and the proposed development. The proposed building has a
maximum length of 30.9m and a maximum width of 9.5m, with a total floor area of approximately
218m2. The proposed function area occupies 163m2 of the total floor area. The building will have
a maximum height of 5.65m from natural ground level including the west facing feature wall
protruding one metre above roof level. The design possesses a flat roof and combination of timber
and brick to external walls to complement the existing building onsite.
Fencing
The development of an internal fence around the buildings is proposed. The fence is light weight
in form and of open timber slat construction with metal posts. The fence is 1.2m in height and is
elevated above the proposed retaining walls, having a maximum height of 2.14m (to the west
elevation). The fence is setback from the road frontage, approximately 10m to High Street and
30m to Stawell Street. It will frame the external dining area to the south of the existing building and
west of the proposed building.
Earthworks
Earthworks and retaining walls are proposed to support the development with a maximum fill of
0.94m (to the western elevation). The dining area to the south of the existing building is to be
raised no more than 0.035m from natural ground level and finished in compacted gravel. All
earthworks are to be suitably battered and retained.
Internal Works
Internal development works to the existing building are proposed including minor alterations to the
entry to ensure an appropriate response to mobility; demolition of the existing bar and north facing
stairs; reconfiguration of internal dining areas; and expansion of the existing mezzanine floor area
by 16.82m2. Window treatments are also proposed to respond to acoustic matters.
Street tree removal
One exotic tree species within the nature strip is nominated for removal (Callery Pear).
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Advertising Signage
The application proposes the development of 3 signs, which will have a combined advertising
area of 31m2. More specifically:
Sign 1
“Gods kitchen” emblem, located just south of the High Street access way adjoining the bike
rack. The sign is proposed to be 4m wide x 1m high, located 2.1m above ground level.
Sign 2
“Gods kitchen” emblem, located on the corner of High and Stawell Streets. The sign is proposed
to be 3m wide x 3m high on timber posts, located 100mm above ground level.
Sign 3
Is proposed to be located on the eastern boundary fence (facing the car park) extending a
length of 10m, and is 1.2m in height, located 600mm off ground level (1.8m overall height above
ground level). The sign consists of a “Gods Kitchen” emblem at the western end, with specific
opening details to the east. Page 13
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Appendix 2: Site and Surrounding Area
Site
The subject site is located on the north east corner of High Street (South Gippsland Highway) and
Stawell Street Cranbourne, within the Activity Centre Zone (Cranbourne Town Centre).
The land is approximately 2236m2 in size and is not currently tenanted. The existing building onsite is the former St Agatha’s Catholic Church which is recognised as having heritage significance
by way of Heritage Overlay (HO135) under the Casey Planning Scheme.
The site maintains a road frontage of approximately 55m to High Street (South Gippsland
Highway) and 19m to Stawell Street. South Gippsland Highway is located within a Road Zone
Category 1 (RDZ1).
The land is presently occupied by a vacant building, recently vacated by ‘Taco Bill’ licenced
restaurant. Access is currently provided for with crossovers to High Street (South Gippsland
Highway) and Stawell Street and 25 informal car parks of gravel construction. Landscaping onsite
is minimal with the most notable vegetation being the mature cypress trees are located along the
High Street (South Gippsland Highway) frontage.
The existing building has been recognised for its heritage significance being the former St Agatha’s
Catholic Church. The Gothic Revival church building is of brick construction featuring stucco gable
treatment and dressings. The building as described within the Heritage Impact Statement
(Coleman Architects, May 2015) ‘is a simple hall form with a projecting porch to the west (main)
elevation with tripartite lancet windows in the ain gable above, and a polygonal apse at the east
end. The side elevations are divided into five bays of paired lancet windows with stepped brick
buttresses between. The steep-pitched roofs to the church and porch are clad with Marseille
pattern terra cotta tiles. Brick, gable-roofed additions have been constructed to the north-east
corner of the original building’.
Surrounds
The surrounding area is characterised as mixed use with a convenience restaurant located to the
north, residential properties and commercial to the east, strip shopping expanding along High
Street to the south and the Cranbourne Park Shopping Centre to the west. All properties are
located within the Activity Centre Zone.
Cranbourne Secondary College is situated approximately 70m to the north and 180m to the east of
the site.
To the north:

158 South Gippsland Highway, Cranbourne - Convenience Restaurant (KFC)

6 Brunt Street, Cranbourne – David W Bull - Funeral Services.
To the south:

Strip shopping expanding along High Street in a southerly direction to the east and west of
High Street.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
To the east:

3 Stawell Street, Cranbourne (northern portion of common boundary) The Bridge –
Disabilities Service Provider.
To the west:

Cranbourne Park Shopping Centre is situated adjacent to the subject site to the west
(across South Gippsland Highway) and is the principal commercial and retail hub for area.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Appendix 3: Relevant planning history
Previous planning permissions relate to the prior uses of the site as restaurants, as well as
associated liquor licences and advertising signage.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Appendix 4: Assessment against relevant Planning Scheme controls
Planning Scheme reference
Assessment
State Planning Policy Framework
Clause 10 – Operation of the State This Clause aims for a balancing of competing land
uses and development polices which integrate
Planning Policy Framework
environmental, social and economic factors to produce a net
community benefit and encourage sustainable development
for existing and future communities.
Clause 11 – Settlement
Clause 13 – Environmental Risks
The proposed use will support the social, cultural and
economic wellbeing of the community in the provision of
facilities for residents in an appropriate location and
continued preservation of a heritage building.
The objective of Clause 11.01-2 (Activity Centre Planning) is
to encourage the concentration of major retail, residential,
commercial, administrative, entertainment and cultural
developments into activity centres which provide a variety of
land uses and are highly accessible to the community.
The location of the proposed use is contained within the
core activity centre of Cranbourne, within the Activity Centre
Zone and therefore accords with objectives of this clause.
The objective of Clause 13.04-1 (Noise Abatement) is to
assist the control of noise effects on sensitive land uses.
It seeks to ensure that development is not prejudiced
and community amenity is not reduced by noise
emissions, using a range of building design, urban design
and land use separation techniques as appropriate to the
land use functions and character of the area.
Clause 15 - Built Environment &
Heritage
It is not anticipated that the use of the site for the purposes
of a Tavern within an Activity Centre Zone, whereby
commercial uses are the predominate surrounding land use,
will result in unreasonable impacts on adjoining properties,
particularly given the inclusion of conditions of any approval
to issue to control these aspects.
The objective of Clause 15.03-1 (Heritage conservation) is
to ensure the conservation of places of heritage
significance.
The following strategies are relevant to this proposal
(selected):
 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.
Page 17
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Planning Scheme reference
Assessment
State Planning Policy Framework
 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
contributory elements.

Ensure an appropriate setting and context for heritage
places is maintained or enhanced.

Support adaptive reuse of heritage buildings whose use
has become redundant.
and
restoration
of
The proposed use and works are considered to meet these
decision guidelines and in particular contributes positively to
the community via the reuse and preservation of a heritage
building.
Clause 17 - Economic
Development
The objective under 17.01-1 (Business) is to encourage
developments which meet community’s needs for retail,
entertainment, office and other commercial services and
provide net community benefit in relation to accessibility,
efficient infrastructure use and the aggregation and
sustainability of commercial facilities.
On balance it is considered that the tavern will provide for
an appropriate food, leisure and entertainment facility,
complementary to the activity zone and provide the
opportunity for a new business to establish in Casey and
service its residents.
Clause 18 - Transport
The objective of Clause 18.02-5 (Car Parking) is to ensure
an adequate supply of car parking that is appropriately
designed and located.
The following strategies are relevant to this proposal
(selected):


Prepare plans for the design and location of local car
parking to:
- Protect the role and function of nearby roads, enable
easy and efficient use and the movement and
delivery of goods.
- Achieve a high standard of urban design and protect
the amenity of the locality, including the amenity of
pedestrians and other road users.
- Create a safe environment, particularly at night.
Protect the amenity of residential precincts from the
effects of road congestion created by on-street parking.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Planning Scheme reference
Assessment
State Planning Policy Framework
According to Council’s Traffic Engineers, the provision of 33
car parking spaces on site will provide adequate parking for
the proposed use. Further, Council’s Traffic Engineers are
generally satisfied with the layout of car parking and access
areas and have stated that the adjoining roads have
capacity for the traffic generated. See below for a more
detailed assessment of the proposal against Clause 52.06
(Car Parking).
Planning Scheme reference
Assessment
Local Planning Policy Framework
Clause 21.05 – The Built Up Area
The Built Up Area of Casey is centred on South Gippsland
Highway (as well as Princes Highway) as one of the two
main travel corridors. Cranbourne Town Centre is identified
as a Principal Activity Centre. Some relevant objectives of
this clause include:

To provide local employment opportunities in the main
employment centres.

To reduce escape expenditure to and dependency on
external centres and develop each Principal Activity
Centre accordance to its comparative advantage:
o
Cranbourne for its proximity to the Racecourse and
Royal Botanic Gardens, Cranbourne and location
along a premier tourist route.
As stated above in this report, the use is appropriately
located in the Principal Activity Centre of Cranbourne and
will provide local employment opportunities and will attract
expenditure to the area.
Clause 21.11 – Employment
The relevant objectives of this clause seek to:

Expand the number of employment opportunities within
Casey.

Provide employment opportunities in and around activity
centres.

Strengthen the hierarchy of activity centres and direct
major commercial, community and entertainment
facilities to the two Principal Activity Centres at
Cranbourne and Fountain Gate.
It is considered that an additional workforce will be created
by the proposal, both during construction and ongoing
operation, which is consistent with the objectives of this
clause. The use will strengthen the hierarchy of activity
centre through the provision of a food and entertainment
facility to the area.
Clause 21.12 – Image
The main objective of this clause is to build a positive image
of Casey as a desirable place to live in order to attract
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Planning Scheme reference
Assessment
Local Planning Policy Framework
business investment, to create employment opportunities, to
attract future residents and to instil community pride in
existing residents. Strategies to achieve this objective (as
relevant) include:

Ensure all commercial, industrial and other major
developments in the prominent areas of the municipality
including the gateways to the municipality; the main
travel corridors and the areas through which they pass;
the two regional centres at Cranbourne and Fountain
Gate should:
o
Conform with any applicable urban design strategy
or structure plan.
o
Adopt the principles of contextual design.
o
Demonstrate that the proposed development is
visually attractive, has a functional layout and is
responsive to site constraints.

Ensure advertising signs displayed in the prominent
areas identified above have regard to the high standards
of visual amenity expected of those areas.

Encourage the provision of entertainment, leisure and
cultural facilities in appropriate locations with preference
being given to sites within the two regional centres at
Cranbourne and Fountain Gate.
This policy around image seeks to build a positive image for
the municipality in order to attract business investment and
employment opportunities. For Cranbourne, consistency
with urban design strategies and structure plans, adopting
contextual design and achieving visually attractive
development that is functional, is the clear thrust of the
policy.
Clause 22.07 – Retail Policy
The additions to the existing heritage building are consistent
with the objectives of this clause. Advertising signage will
be discussed in Clause 22.16 (Advertising Signs Policy) and
Clause 52.05 (Advertising Signs) below.
The MSS at Clauses 21.05 and 21.11 provides direction for
the development of a diverse, robust activity centre system
focused on viable retail goods and services cores that form
vibrant foci for community life and which are capable of
evolving to accommodate changing needs. The objectives
and strategies to achieve this direction include (as relevant):

To consolidate Casey’s retail and commercial
development patterns into recognised and planned
activity centres.

To direct and facilitate a diversity of activity (retail,
Page 20
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Planning Scheme reference
Assessment
Local Planning Policy Framework
commercial,
community,
institutional,
recreation and housing) in activity centres.
education,

To ensure land use and development proposals for retail
and commercial activities produce a net community
benefit when measured against clear assessment
criteria.

To consolidate the development within the retail core of
the Cranbourne Town Centre as the Principal Activity
Centre servicing the southern part of the city.
The proposal is consistent with the land use and
development foreshadowed within the activity centre.
Clause 22.15 – Good Design
Policy
This clause has the policy objectives as relevant:

To recognise the importance of good design in the
development of key public spaces.

To ensure that development in key public spaces occurs
in a manner that is responsive to local cultural, historic,
environmental and climatic factors.

To create a built environment that is functional, safe,
aesthetically pleasing and that the community can
identify with; and

To create a built environment that instils business
confidence and that is conducive to new investment.
It is considered that the proposal will have a significant
positive impact on the image of Cranbourne whilst utilising
and contributing to the preservation of the heritage building
on site and building upon this in a respectful manner.
Clause 22.16 - Advertising Signs
Policy
This clause has the policy objectives to:

Ensure that businesses in Casey have adequate
opportunities to identify their location, name and nature
of business;

Ensure that the display of advertising signs does not
detract from the visual amenity of the surrounding area;

Maintain a degree of uniformity and equity in the extent
of advertising permitted;

Ensure that signs are in keeping with the scale and
character of the host building; and

Provide and maintain a degree of public safety for
persons using any public way.
The style and materials of the signage proposed are
considered to be appropriate to the “core” retail
development within the town centre and is considered to
Page 21
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Planning Scheme reference
Assessment
Local Planning Policy Framework
adequately identify the facilities on the site. The proposed
signage is however considered to be excessive when other
aspects are taken into consideration. To better respond to
its context of the heritage site it is considered the size of
Sign 3 should be limited to the graphic areas only and in
addition Sign 2 should be reduced to a maximum of 1 metre
in height above ground level and 1.5m in width to respond
traffic engineering concerns on sightlines and clearance
distances from adjoining car spaces.
Clause 22.17 – Stormwater Policy
This clause has the following relevant policy objectives:

To maintain and enhance stormwater quality throughout
the City of Casey.

To protect and improve the important environmental,
amenity, economic, hydraulic and cultural values of all
the waterways in the City of Casey, including all
watercourses, wetlands and lakes.

To effectively manage stormwater threats in both the
urban and non-urban areas of the municipality.
Council’s Drainage department has indicated that a
stormwater detention system is required on site, and as
such should be placed as a condition on any permit to issue
to ensure the objectives and policies of this clause are
satisfied.
Planning Scheme reference
Other
Clause 37.08 – Activity Centre
Zone
Assessment
The purpose of the zone is:

To encourage a mixture of uses and the intensive
development of the activity centre;
As a focus for business, shopping, working, housing,
leisure, transport and community facilities.
o To support sustainable urban outcomes that
maximise the use of infrastructure and public
transport.
To create through good urban design an attractive,
pleasant, walkable, safe and stimulating environment;
and
o


To facilitate use and development of land in accordance
with the Development Framework.
Decision guidelines at Clause 37.08-9 and within the
schedule to the zone. When considering the proposed land
use and development, the decision guidelines call for
consideration of:

Access and movement systems
Page 22
Planning Committee
Section 1 – Permit Applications
Planning Scheme reference
Other
10 May 2016
Item 1.1
Assessment



Provision of car parking
The appropriateness of the proposed use
The design and built form, including the conservation of
buildings
The application appropriately responds to the relevant
decision guidelines presenting a sound proposal with
supporting expert assessments including liquor licensing
statement, acoustic report, traffic impact assessment,
heritage impact assessment and construction impact
assessment (predominately addressing heritage and
adjoining trees) which essentially respond to car parking,
cultural and heritage significance, and the protection of
existing local amenity.
The proposal displays orderly planning for the activity centre
by maintaining consistent standards for commercial
development in relation to utilising the existing heritage
building and improving the presence of the site physically
and in function.
Further, the development represents good design and
quality built form, respecting the existing development
onsite whilst ensuring an appropriate response to
neighbouring development.
Clause 43.01 – Heritage Overlay,
Schedule 135
Purposes of this clause include:
 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.
 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.
As detailed below within Appendix 5 (referrals):
Council’s Heritage Advisors are satisfied with the proposal.
The considerations of the Heritage Advisors recommended
to be addressed in order to reduce the heritage impacts
included to remove car parking between the Bhutan trees;
create tree protection areas around these trees; provide
framing and mesh covers in the outdoor deck plan to ensure
that the existing air vents in the former church walls are not
covered at ground level; undertake repairs to the former
Page 23
Planning Committee
Section 1 – Permit Applications
Planning Scheme reference
Other
10 May 2016
Item 1.1
Assessment
church building including the damaged lead light windows
and provide heritage interpretation signage to communicate
the history and significance of the former St Agatha’s
Church.
In response to these, tree protection and car parking issues
were further addressed after the heritage response was
received and conditions of any approval will ensure
adequate protection of these trees, without the need to
reduce car parking spaces; and the other changes are
considered over onerous in that it would be reasonable
expectation that the operator would ensure such things as
windows would be in good working order and that the other
components are not integral to the preservation of the
heritage place but rather additional enhancements and
opportunities that could be entertained. It is considered the
retention of the former church building on site for a new and
compatible use, with sensitive additions is an adequate
response in terms of preservation for a site which is
currently vacant and in need of repair.
Overall it is considered that the application presents a
sound response to the heritage and cultural significance of
the site in terms of form and function. The plans
accompanying this application provide a respectful and
sympathetic response to the existing building and its
heritage significance.
Clause 52.05 – Advertising signs
Upon review of the Heritage Impact Assessment and the
responsive nature of the proposal it is apparent that the
proposed development appropriately responds to the
relevant decision guidelines as outlined within Clause
43.01-4.
Purposes of this clause are:

To regulate the display of signs and associated
structures.
 To provide for signs that are compatible with the
amenity and visual appearance of an area, including
the existing or desired future character.
 To ensure signs do not contribute to excessive visual
clutter or visual disorder.
 To ensure that signs do not cause loss of amenity or
adversely affect the natural or built environment or the
safety, appearance or efficiency of a road.
Clause 52.05-3 sets out general decision guidelines to be
considered before deciding on application to display a sign.
These include the character of the area; Impacts on views
and vistas; and the relationship to the site and building; and
Page 24
Planning Committee
Section 1 – Permit Applications
Planning Scheme reference
Other
10 May 2016
Item 1.1
Assessment
impact on road safety.
In considering the above in order for the proposed signage
to better respond to its context of the heritage site it is
considered the size of Sign 3 should be limited to the
graphic areas only and in addition Sign 2 should be reduced
to a maximum of 1 metre in height above ground level and
1.5m in width to respond traffic engineering concerns on
sightlines and clearance distances from adjoining car
spaces. These changes can form requirements on any
approval to issue and will ensure that the proposed signage
meets all the relevant decision guidelines.
Clause 52.06 – Car Parking
Purposes of this clause include:





To ensure the provision of an appropriate number of car
parking spaces having regard to the demand likely to
be generated, the activities on the land and the nature
of the locality.
To support sustainable transport alternatives to the
motor car.
To promote the efficient use of car parking spaces
through the consolidation of car parking facilities.
To ensure that car parking does not adversely affect the
amenity of the locality.
To ensure that the design and location of car parking is
of a high standard, creates a safe environment for
users and enables easy and efficient use.
The provision for on-site car parking provided for the tavern
does not meet the requirements of the Casey Planning
Scheme. The proposed use and development requires a
total of 160 car spaces to be provided on site according to
clause 52.06 and only 33 spaces are provided.
Clause 52.27 - Licensed Premises
As detailed below within Appendix 5: Council’s Traffic
Engineering Department are satisfied with this provision and
the general layout of car parking areas and access,
including the provision of a disabled car space. It is
acknowledged that South Gippsland Highway and the
immediate area are well serviced by public transport (train
and bus); that on-street car parking as well as car parking at
the shopping centre to the west of the site are also available
for use and therefore the proposal is considered the
proposal complies with the purposes of this clause.
Purposes of this clause are:


To ensure that licensed premises are situated in
appropriate locations.
To ensure that the impact of the licensed premises on
Page 25
Planning Committee
Section 1 – Permit Applications
Planning Scheme reference
Other
10 May 2016
Item 1.1
Assessment
the amenity of the surrounding area is considered.
Decision guidelines of this clause include:

The impact of the sale or consumption of liquor
permitted by the liquor licence on the amenity of the
surrounding area.

The impact of the hours of operation on the amenity of
the surrounding area.

The impact of the number of patrons on the amenity of
the surrounding area.

The cumulative impact of any existing licensed premises
and the proposed licensed premises on the amenity of
the surrounding area.
The appropriateness of the liquor use is largely determined
by the proposed hours of operation, intensity, type of use
and clientele being catered for. It also recognises that noise
generating venues must be managed carefully to minimise
off site impacts given the residential community.
The tavern’s dominant activity will be a premises used for
the purposes of food preparation, food service and food
consumption. In this regard, the ability to serve alcohol is
secondary.
In response to Victoria Police’s concerns regarding the
location of the venue, in particular the potential amenity
issues/complaints given the residential interface, it is
considered that the key issue to be considered in respect to
the application is the possible amenity impact of the
proposed outdoor terrace area on these surrounding
properties (particularly residential properties). It is
considered that the proposed use of the outdoor terrace
area, subject to appropriate conditions and limited hours to
be placed on any approval to issue will not unreasonably
inhibit the levels of amenity afforded to existing nearby
residents. It is also recommended that conditions be placed
on any permit to issue to ensure appropriate control of liquor
and amenity aspects.
Given the concerns of Victoria Police with respect to hours
of operation, it is considered appropriate to reduce the
hours of operation to 11.00pm on Friday and Saturday
nights for the whole use and development (consistent with
the operating hours proposed for the remainder of the week)
in order to appropriately address concerns relating to the
residential interface and those raised by Victoria Police.
Page 26
Planning Committee
Section 1 – Permit Applications
Planning Scheme reference
Other
10 May 2016
Item 1.1
Assessment
With respect the serving of ‘mocktails’ and holding of
underage events, in order to hold an underage event the
licensee must seek specific approval from the VCGLR
which requires the venue to be relicensed at that time,
alcohol must be removed and not displayed for sale.
Clause 52.43 – Live Music &
Entertainment Noise
Overall the potential and perceived impacts of the proposal
with respect to nuisance and harms arising from the supply
and consumption of alcohol can be adequately mitigated
and controlled through a combination of Liquor Licence
permit controls, which involve the Licensing Inspector
(Victoria Police), and by the inclusion of appropriate
conditions on the planning permit, including the submission
of a Licensed Premises Management Plan. This plan will
address potential amenity related issues, including the
management of patrons, nuisances, complaints, noise, litter,
security; and details of any proposed organised events
and/or functions.
Purposes of this clause include:
 To recognise that live music is an important part of the
State’s culture and economy.

To protect live music entertainment venues from the
encroachment of noise sensitive residential uses.

To ensure that the primary responsibility for noise
attenuation rests with the agent of change.
Decision guidelines include (selected):

The extent to which the siting, layout, design and
construction minimise the potential for noise impacts.

Whether the proposal adversely affects any existing
uses.
The Acoustic Report submitted with the application
considers the impact of noise to neighbouring ‘noise
sensitive residential uses’ and provides a range of
recommendations specific to live music and entertainment.
The applicant has adopted these recommendations and
affirmed within their submission:
Marshall Day Acoustics in their acoustics report
makes a range of recommendations for noise
control, all of which have been adopted as part of
the proposal; and, conclude that ‘noise levels from
the subject site can practicably comply with the
Page 27
Planning Committee
Section 1 – Permit Applications
Planning Scheme reference
Other
10 May 2016
Item 1.1
Assessment
applicable noise levels and design targets at the
nearest affected residential receiver.
As such, it is considered that all ‘noise sensitive residential
uses’ within 50m of the site will be adequately protected
from adverse effects from noise generated from the live
music or entertainment from the venue.
Clause 52.29 - Land adjacent to a
Road Zone, Category 1
The purpose of this clause is to ensure appropriate access
to identified roads.
Decision guidelines include (selected):


Clause 65 - Decision Guidelines
The views of the relevant road authority.
The effect of the proposal on the operation of the road
and on public safety.
The application has been referred to VicRoads who has not
objected to the proposal.
This clause provides decision guidelines which the
Responsible Authority must have regard to before
determining an application.
As highlighted previously, overall it is considered that the
proposal accords with state and local planning policies,
relevant zone and provision considerations and is consistent
with the orderly planning of the area.
Page 28
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Appendix 5: Referral comments
Type of referral
External
Response
VicRoads
Had no objection to the application subject to conditions and a
footnote being included on any approval to issue.
(Determining Authority)
Victoria Police
(Non-Statutory Authority)
Victoria Police have objected to the application on the following
grounds/considerations:

Hours of operation.

Location of the venue - and more specifically highlighted the
potential amenity issues/complaints given the residential
interface.
They have also expressed concerns regarding the holding of
underage events and the serving of ‘mocktails’ at this venue.
A response to these concerns is discussed under section Clause
52.27 – Licensed Premises. Significantly it is proposed to reduce the
hours to respond to the concerns.
Internal Department
Traffic Department
Supported the application subject to:
Access to the development is from two existing crossovers, one
located on the South Gippsland Highway (declared main road) and
the other located on Stawell Street (collector road). Both roads have
the capacity for the traffic generated.
The Planning Scheme specifies that 160 car spaces are required for
the proposed development.
The proposed development will require a waiver of 127 car park
spaces.
From the empirical assessment that has been prepared by GTA
Consultants at a similar premise, a car parking rate was provided at
0.34 spaces per patron.
The parking profile surveys of the available parking undertaken by
GTA Consultants in the vicinity of the subject site (within walking
distances – typical 200m) on Friday 17 October 2014 and Saturday
18 October 2014 have found that a minimum of 145 car parks remain
vacant at the peak time of midday on Friday and 174 vacant spaces
later in the evening. There is spare on and off-street car parking that
could be utilised by the proposed development.
Loading area as shown on the plans is provided on south-east side of
the building. It will be anticipated that the small rigid vehicles (6.4m
length) will be the predominant delivery vehicle and will be occur
outside of peak hours, which is considered satisfactory.
Waste bin storage is provided near the loading area and collection
will be undertaken by a private contractor and is expected to take
Page 29
Planning Committee
Section 1 – Permit Applications
Type of referral
10 May 2016
Item 1.1
Response
place at 6.30am, which is considered satisfactory.
Overall, Council’s Traffic Engineers are satisfied with the amount of
car spaces provided on site and that the adjoining road has capacity
for the volume of traffic anticipated to be generated from the
proposed use. Proposed aisle widths and dimensions of car parking
areas are considered satisfactory. It is noted that access from South
Gippsland Highway requires approval from VicRoads.
It is recommended that conditions be placed on any permit to issue in
relation to the car park area being constructed in an all-weather
sealed coat, DDA compliance; provision of adequate lighting and
pedestrian access to the premises from the adjacent footpath on
South Gippsland Highway.
Drainage Department
The legal point of stormwater discharge for this property has been
“assigned” to the drainage pit in the highway near the north-west
corner of the site This appears to be the only available outfall
drainage.
Supported, subject to conditions being included on any approval to
issue.
Environment Department
Supported the application.
City Strategy Department
Supported the application subject to heritage recommendations and
additional setbacks.
Heritage Advisor
Supported the application subject to recommendations and
conditions being included on any approval to issue.
While located close to the former church, the new function room is
low scale and possesses a simple flat roof form that would not impact
the setting for the former church. The new function room is likely to
assist an ongoing viable use of the church. The increased fireplace
chimney height that was recommended in the Heritage Impact
Statement report is supported to provide some recognition in the new
work of the church form.
The 8 metre curtilage is acknowledged and while the new structure is
located within that area, it is physically separated from the former
church and has been given a reasonable visual separation at its
front.
The additional area for the upper mezzanine area of the former
church, will still leave a substantial spatial volume inside the church
to allow for an ongoing appreciation of the interior.
The considerations recommended to be addressed in order to reduce
the heritage impacts included to remove car parking between the
Bhutan trees; create tree protection areas around these trees;
provide framing and mesh covers in the outdoor deck plan to ensure
that the existing air vents in the former church walls are not covered
at ground level; undertake repairs to the former church building
including the damaged lead light windows and provide heritage
Page 30
Planning Committee
Section 1 – Permit Applications
Type of referral
Health Department
10 May 2016
Item 1.1
Response
interpretation signage to communicated the history and significance
of the former St Agatha’s Church. These aspects are considered
above at Clause 43.01 – Heritage Overlay, Schedule 135.
Supported the application subject to conditions being included on any
approval to issue.
Applicant should be advised to contact South East Water to
determine the best location for the grease trap.
Policy Liaison Officer
(Gaming & Liquor)
Landscape Department
Council’s Senior Arborist
Supported the application subject to a range of conditions being
included on any approval to issue to mitigate nuisance and harms
arising from the supply and consumption of alcohol.
Supported the application subject to standard conditions and tree
protection measures in accordance with the recommendations within
the submitted arborist report.
Removal of the nature strip should be approved by Council’s Senior
Arborist.
Supported the removal of the nature strip tree (Tree 12).
Page 31
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Appendix 6: Response to objections
Objection
 Reduction in car
parking and reliance
on shopping centre
car park
Comment
As detailed above within Appendix 5: Referral comments, Council’s
Traffic Engineering Department are satisfied with the provision of onsite car parking. It is acknowledged that South Gippsland Highway
and the immediate area are well serviced by public transport (train and
bus) and that on-street car parking as well as car parking at the
shopping centre to the west of the site is available. Planning policy
allows for the use of existing public car parking spaces (such as
located at the Cranbourne Shopping Centre) to be utilised for other
surrounding uses.

Increase in traffic Impacts have been considered against relevant policies and Council’s
Traffic Engineers are satisfied that the proposal will not place an
and congestion
unreasonable burden on the adjoining road network and allow safe
movement of vehicles through the site and adjoining roads. Further,
VicRoads had no objection to the proposal.

Use of adjoining
properties’
car
parking areas for
overflow parking and
policing of this.
Approval of this proposal does not and cannot give consent for
individuals to use other private property car parks.
As stated above, Council’s Traffic engineers are satisfied that there
will minimal impact on the surrounding road network and car parking
areas.

Unreasonable
and
excessive pressure
on other off-street
car parking including
disruption to tenants
and
clients
of
adjoining businesses
and reduction in
clients

Traffic
and
pedestrian activity &
associated
safety
concerns

Unacceptable
precedent
reduction
in
parking

Inappropriate
use The proposed use has been against relevant policies and Council’s
near residential area officers are satisfied that the type of use and intensity are appropriate
for the surrounding area. Conditions will be placed on any permit to
issue restricting operation hours, and the like to ensure the tavern
reduces potential amenity impacts for residents. Further, standard
conditions for applications of this nature address and regulate general
amenity, waste storage and collection, light spill and dust and the like
and will be placed as conditions on any approval to issue.

Increase
in
The proposal was assessed by Council’s Traffic Engineers and is not
considered to impose any safety issues within the local street and
pedestrian network external to the site as a result of the development
and operations.
Reductions in car parking requirements trigger planning permission
for and must be considered on their individual merits on a case by case
car basis against relevant legislation. As such, any support of this
proposal will not necessarily result in a precedent being set.
noise The premises will be required to comply with State Environment
Page 32
Planning Committee
Section 1 – Permit Applications
Objection
from venue and live
music and effect of
cool
room
and
generator
10 May 2016
Item 1.1
Comment
Protection Policy requirements. Conditions in relation to noise will be
included on any permit to issue. Further, it is recognised that the site
and surrounding area is located with an Activity Centre Zone, whereby
it would be generally expected that the these areas would not enjoy
the same level of reduced noise typically experienced in residentially
zoned areas of land.

Violence
and Conditions on any approval to issue will relate to the control of the
operational requirements of the premises. Further the submission of a
drunken behaviour
Licensed Premises Management Plan to Council will include several
matters, including the ways in which the venue will address potential
amenity related issues, including the management of patrons,
nuisances, noise, litter and security.

Car parks not lit well Conditions on any approval to issue will require adequate lighting
and safety of patrons within car park and driveway areas for safe night time traffic
movement and that security lighting must be installed at the entrance
to the buildings, within car parking areas and any pedestrian access
ways on site. Further the submission of a Licensed Premises
Management Plan will include several matters, including the ways in
which the venue will address potential amenity related issues,
including the management of patrons, nuisances, noise, litter and
security.
Adjoining
owners Council records indicate that previously (1970s and 1980s) some of
have paid significant the commercial sites with the Cranbourne CBD have paid
amounts
for
a contributions towards the establishment of public car parking in the
separate car parking area. Such credits run with these properties, however the public
spaces are available for all to use.
rates scheme

The submitted Traffic Impact Assessment demonstrates that there is
adequate availability of public car parking spaces within the area to
cater for the proposed use.

Devaluation
property values
of This is not a planning matter and therefore cannot be considered.
Page 33
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Appendix 7: Permit Conditions
Plans Required
1.
Before the development starts, amended plans to the satisfaction of the Responsible
Authority must be submitted to and approved by the Responsible Authority. When approved,
the plans will be endorsed and will then form part of the permit. The plans must be drawn to
scale with dimensions and three copies must be provided. The plans must be generally in
accordance with the plans submitted with the application (TP-001-01 to TP-001-06 inclusive
(Rev A); TP-001-07 (Rev B); TP-001-08 to TP-001-12 inclusive (Rev A); TP-001-13 (Rev B);
TP-001-14 (Rev A); TP-001-15 to TP-001-16 inclusive (Rev B) and TP-001-17 (Rev E)) but
modified to show:
(a)
The car park area and access way noted as being constructed in all-weather sealed
coat; except in the areas where permeable paving/surface treatment is required.
(b)
Specification of the exact type/treatment of permeable paving/surface treatment of the
car park and access ways to be provided in the tree protection areas.
(c)
Reduction in the size of Sign 2 to a maximum of height of 1 metre in height above
ground level and 1.5m in width.
(d)
Reduction in the size of Sign 3 so that it is limited to the graphic areas only.
(e)
Additional details shown on Revision C plans submitted to Council on 7/8/15, including
decking, security lighting, security details, retaining walls, disabled access and fencing.
(f)
An acoustic fence on the eastern boundary between its northern most point extending
approximately 25 metres, to the point of where the ‘electric security gate’ meets the
boundary.
(g)
An amended acoustic report which considers the inclusion of acoustic fencing as
required by condition 1(f).
Tree Protection Plan
2.
A Tree Protection Plan in accordance with Australian Standard-AS-4970-2009, Protection of
Trees on Development Sites must be submitted to and approved by the Responsible
Authority prior to the commencement of the development (including demolition). The Tree
Protection Plan must be prepared by a qualified Arborist with a minimum qualification of AQF
level 5 and must be to the satisfaction of the Responsible Authority. The Tree Protection Plan
must address the following items:
(a)
Procedures outlining regular inspections by the Project Arborist.
(b)
Tree protection measures specific to each stage of the development (i.e. preconstruction, demolition, construction, practical completion and maintenance).
The approved Tree Protection Plan must be available on site prior to the commencement of
works
Page 34
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Tree Protection Methods
3.
Before any buildings and works commence (including demolition), tree protection methods
must be utilised for existing trees to be retained in accordance with the arborist report by
Ryder dated 22 January 2016:
(a)
Tree protection fencing to be installed for the duration of the build to the edge of the
existing grass.
(b)
Within the area of ground to be retained, it is to be irrigated weekly throughout the
summer months as directed by the project arborist. The existing Kikuyu (Pennisetum
clandestinum) is to be removed with the use of herbicide or with an excavator under
direct arborist supervision and the area mulched 75-100mm deep with organic,
composted mulch.
(c)
When the car park and driveway are to be constructed, the fencing is to be moved to
the edge of new kerb under direct arborist supervision.
(d)
All excavation within the existing grass area for the trees is to be supervised by the
project arborist. All roots are to be pruned in accordance with AS4373-2007 Pruning of
Amenity Trees. The excavation is not to exceed 300mm deep.
(e)
All hard surfacing within the existing grassed area between the trees is designed to be
porous.
(f) The mulch and irrigation is to be maintained for minimum of 12 months post works.
4.
No vehicular or pedestrian access, vehicle parking, compaction, trenching, soil excavation or
filling must occur within the tree protection zone of an existing tree without the written
consent of the Responsible Authority. No storage of tools and equipment or dumping of
waste is to occur within the Tree Protection Zone.
5.
Any pruning that is required to be done to the canopy of any tree to be retained is to be done
by a qualified arborist to Australian Standard – Pruning of Amenity Trees AS4373-2007. Any
pruning of the root system of any tree to be retained is to be done by hand by a qualified
arborist
Drainage plans
6.
Before the development starts, drainage plans must be submitted to and approved by the
Responsible Authority. The plans must be drawn to scale with dimensions and three copies
must be provided. The plans must show the provision of an on-site stormwater detention
(OSD) system that controls the rate of discharge to 28.58 litres per second and provides a
minimum detention volume of 12.99m3. The stormwater detention system will become the
responsibility of the property owner or body corporate to maintain.
Detailed Design Drawings
7.
Before the development starts detailed design drawings of the permeable paving/surface
treatment of the car park and access ways to be provided within the tree protection areas
must be submitted to and approved by the Responsible Authority. These may need to
include detailed design construction and drainage plans. The plans must be drawn to scale
with dimensions and three copies must be provided.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Litter Trap
8.
Before the development starts, plans to the satisfaction of the Responsible Authority must be
submitted to and approved by the Responsible Authority. The plans must be drawn to scale
with dimensions and three copies must be provided. The plans must show the provision of a
litter and/or sediment trap to control runoff from the car park/development. The litter trap will
become the responsibility of the property owner or body corporate to maintain.
Waste Management Plan
9.
A Waste Management Plan must be submitted to and approved by the Responsible Authority
prior to the commencement of the development. The plan must address matters such as the
provision of space on site for skip storage and collection, recycling details, capacity
calculations based on the use, and management (including cleaning of bins, service times
and service vehicle details).
Construction Management
10.
11.
Construction activities must be managed so that the amenity of the area is not detrimentally
affected, through the:
(a)
Transport of materials, goods or commodities to or from the land.
(b)
Inappropriate storage of any works or construction materials.
(c)
Hours of construction activity.
(d)
Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,
ash, dust, waste and storm water runoff, waste products, grit or oil.
(e)
Presence of vermin.
Appropriate sediment control measures must be undertaken during construction to ensure
that the development site is adequately managed in such a way that no mud, dirt, sand, soil,
clay or stones are washed into or allowed to enter the stormwater drainage system.
Car parking and Access
12.
Before the occupation of the development starts, the area/s set aside for the parking of
vehicles and access lanes as shown on the endorsed plans must be:
(a)
Constructed.
(b)
Properly formed to such levels that they can be used in accordance with the plans.
(c)
Surfaced with an all-weather-seal coat and permeable paving as detailed in the
endorsed plans.
(d)
Drained.
(e)
Linemarked to indicate each car space and all access lanes.
(f)
Clearly marked to show the direction of traffic along access lanes and driveways
to the satisfaction of the Responsible Authority.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Car spaces, access lanes and driveways must be kept available for these purposes at all
times.
Licensed Premises Management Plan
13.
Prior to the commencement of the use hereby permitted the applicant must submit a
Licensed Premises Management Plan (generally in accordance with the report
accompanying the application) describing:
(a)
the ways in which staff are to made aware of the conditions attached to this permit; and
(b)
the ways in which the venue will address potential amenity related issues, including the
management of patron behaviour; scope and management of events/functions;
response to nuisances, complaints, noise and litter; and security arrangements.
The management plan must be to the satisfaction of, and be approved by, the Responsible
Authority. Once approved, the Management Plan will form a part of the endorsed documents
under this permit. The operation of the use must be carried out in accordance with the
endorsed management plan unless with the prior written consent of the Responsible
Authority.
Upon request from the Responsible Authority the Licensed Premises Management Plan must
be reviewed and amended as required to address any issues as a result of the use of land to
the satisfaction of the Responsible Authority.
Acoustic measures
14.
Prior to the occupation of the development, the development must be constructed in
accordance with the endorsed Acoustic Report. The Acoustic Report may only be amended
with the written consent of the Responsible Authority.
15.
Prior to the commencement of the use, acoustic testing must be conducted by a qualified
acoustic consultant. The test must verify that the maximum noise levels will comply with
SEPP N-2 and implement remedial action to ensure compliance. A report containing the
result of the testing must be submitted to and to the satisfaction of the Responsible Authority.
Operational details
16.
A valid liquor licence must be in force at all times the premise operates. A copy of the liquor
licence and planning permit must be displayed in a prominent position and made available
with a copy of the red line licensed plan to a member of the Victoria Police or the
Responsible Authority upon request.
17.
No live music, loudspeaker, amplifier, relay or other audio equipment can be installed, used
or played outside the building.
18.
Noise generated from within the premises of the use hereby permitted must not be audible
from the habitable rooms, with windows closed, of any nearby dwellings.
19.
Patron numbers must be counted and logged and records must be made available on
request to an authorised police officer, authorised officer of Council and/or an authorised
officer of the Victorian Commission for Gambling and Liquor Regulation (VCGLR).
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
20.
A designated manager (over the age of 18 years) must be in charge of the premises and on
site at all times when the premises are open for business.
21.
The licensee must install and maintain an electronic surveillance system to monitor and
record continuous images of all licensed areas including entrances, exits and appropriate
areas of the street, footpath and car park whilst the premises are open, until half an hour
after closure. These records must be retained for at least three (3) months and made
available for viewing and/or removal at all times by an authorised police officer, an authorised
officer of Council and/or an authorised officer of the Victorian Commission for Gambling and
Liquor Regulation (VCGLR).
22.
All persons engaged in the serving of liquor must undertake a responsible serving of alcohol
course provided by or approved by the Victorian Commission for Gambling and Liquor
Regulation (VCGLR), to the satisfaction of the Responsible Authority.
23.
An unobstructed sign must be attached to an internal wall in a prominent position adjacent to
the entry/exit point to advise patrons to leave in a quiet and orderly fashion, to the
satisfaction of the Responsible Authority.
24.
All patrons and staff must vacate the premises and the immediate area within 30 minutes of
the permitted closing time. At least one security staff member, having undertaken a
recognised course in crowd control, must be stationed at the entrance to the premises
whenever live entertainment is offered until half an hour after closing. Security staff must
oversee and ensure the quiet and peaceful dispersal of patrons from the premises and must
be provided with and use an electronic communications system for immediate access to
each other to ensure the appropriate behaviour of persons within and adjacent to the
premises, to the satisfaction of the Responsible Authority.
25.
When the premises operates as a tavern as defined in the Casey Planning Scheme, security
must be provided and calculated at a ratio of two (2) security staff/crowd controllers for the
first 100 patrons and an additional security officer/crowd controller for any additional 100
patrons or part thereof.
26.
Security staff employed on the premises must have undertaken a recognised course in
crowd control.
27.
Sexually explicit entertainment must not be provided on the premises. Sexually explicit
entertainment is that provided by a person or persons who are nude, display sexual organs
or are topless females. Entertainment includes “table-top” dancing “lap” dancing, topless bar
serving staff, live strip tease shows and their equivalent.
28.
Any outdoor zones (including alfresco dining) must be designed and built in such a manner
to ensure there is appropriate and effective delineation between the licenced and nonlicenced areas of the property.
29.
The use and development of the land must not adversely affect the amenity of the area
through the:
(a)
Transport of materials, goods or commodities to or from the land.
(b)
Appearance of any building, works or materials.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
(c)
Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,
ash, dust, waste water, waste products, grit or oil.
(d)
Presence of vermin.
to the satisfaction of the Responsible Authority.
30.
Any security alarms or similar devices installed on the land must be of a silent type in
accordance with any current standard published by Standards Australia International Limited
and be connected to a security service.
31.
External lighting must be designed, baffled and located so as to prevent any adverse effect
on adjoining land to the satisfaction of the Responsible Authority.
Capacity restrictions
32.
Except with the further written consent of the Responsible Authority, the maximum number of
patrons shall be no more than 400 at any one time.
Hours of operation
33.
The premises must only be open for the use hereby permitted between the following hours:

Monday to Sunday – 7.00am to 11.00pm

Good Friday, Anzac Day, Christmas Day – 12.00pm (noon) to 11.00pm
Hours of operation (outdoor areas)
34.
Except with the further written consent of the Responsible Authority, outdoor areas must only
operate between the following times:

Monday to Sunday – 7.00am to 11.00pm

Good Friday, Anzac Day, Christmas Day – 12.00pm (noon) to 11.00pm
Waste Management
35.
Matters relating to waste storage and collection must be conducted in accordance with the
endorsed Waste Management Plan. Any differing arrangements relating to waste storage
and collection on the land must be approved by the Responsible Authority.
36.
Waste material may only be removed from the site between the hours of:
37.

7.00am – 8:00pm Monday to Saturday

9:00am - 8:00pm Sunday and public holidays
Empty bottles from the operation of the premises must be deposited into recycling bins
quietly so as not to cause disturbance to adjoining and nearby residents, to the satisfaction of
the Responsible Authority.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
38.
All garbage and waste material must be stored in an area set aside for such purpose to the
satisfaction of the Responsible Authority. This area must be graded and drained and
screened from public view to the satisfaction of the Responsible Authority. No goods,
garbage, packing material or similar material shall be left outside the venue or on adjoining
footpaths or roads.
39.
Cigarette disposal facilities must be placed in appropriate locations to ensure the onsite
containment of any aggravated litter in the external areas of the premises.
Car parking and Access
40.
No fewer than 33 car spaces must be provided on the land for the development, including 1
space clearly marked for use by disabled persons.
41.
Adequate lighting within car park and driveway areas must be provided for safe night time
traffic movement in accordance with Australian Standards.
42.
Security lighting must be installed at the entrance to the buildings, within car parking areas
and any pedestrian access ways on site to the satisfaction of the Responsible Authority.
43.
Linemarkings, pavement markings, TGSI’s (Tactile Ground Surface Indicators) and signage
must be installed in accordance with relevant Australian Standards.
44.
Paths, pram crossings, crossovers, access ramps and TGSIs must be installed in
accordance to DDA requirements and relevant Australian Standards.
45.
The disabled car park space must be designed in accordance with Australian Standards
AS/NZS 2890.6: 2009 and be clearly line marked, signed and be DDA compliant.
Drainage
46.
Storm water must not be discharged from the site other than by means of an underground
pipe drain discharged to an approved outlet to the satisfaction of the Responsible Authority.
47.
Polluted drainage must not be discharged beyond the boundaries of the lot from which it
emanates, or into a watercourse or easement drain, but must be treated and/or absorbed on
that lot to the satisfaction of the Responsible Authority.
48.
The proponent must construct the outfall drainage providing a legal point of stormwater
discharge to the development.
49.
Stormwater from this development must be directed to the legal point of stormwater
discharge. The legal point of stormwater discharge for this property is located in the northwest (front) corner/boundary to the VicRoads pit in the South Gippsland Highway near the
entrance to the site.
Signage
50.
The location and details of the signs, including the supporting structures, shown on the
endorsed plans, must not be altered without the written consent of the Responsible Authority.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
51.
The signs must not be illuminated by external or internal light except with the written consent
of the Responsible Authority.
52.
The signs must be constructed and maintained to the satisfaction of the Responsible
Authority.
General
53.
The use and development as shown on the endorsed plans must not be altered without the
written consent of the Responsible Authority.
54.
Once the development has started it must be continued and completed to the satisfaction of
the Responsible Authority.
55.
Upon completion of the development, the site must be cleared of all excess and unused
building materials and debris to the satisfaction of the Responsible Authority.
56.
Disabled access into the building must be in accordance with DDA requirements and
relevant Australian Standards.
VicRoads conditions
57.
The crossover and driveway are to be constructed to the satisfaction of the Responsible
Authority and at no cost to the Roads Corporation (VicRoads) prior to the commencement of
the use or the occupation of the works hereby approved.
58.
Prior to the commencement of the use hereby approved, the access lanes, driveways,
crossovers and associated works must be provided and available for use and be:
(a) Formed to such levels and drained so that they can be used in accordance with the
plan.
(b) Treated with an all-weather seal or some other durable surface.
59.
Driveways must be maintained in a fit and proper state so as not to compromise the ability of
vehicles to enter and exit the site in a safe manner or compromise operational efficiency of
the road or public safety (e.g. by spilling gravel onto the roadway).
60.
The proposed development requires the construction of a crossover. Separate approval
under the Road Management Act for this activity may be required from VicRoads (Roads
Corporation). Please contact VicRoads prior to commencing any works.
Permit Expiry
61.
This permit will expire if one of the following circumstances applies:

The development and use are not started within three years of the date of this permit.

The development is not completed within five years from the date of this permit.
The Responsible Authority may extend the periods referred to if a request is made in writing
before the permit expires; within six months afterwards for the commencement of use and
development; or within 12 months afterwards for the completion of development.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Notes
Vic Roads note
(i)
Should you have any enquiries regarding this matter, please contact VicRoads on 9881 8089
or [email protected]
General notes
(i)
On completion of works, Council’s Planning Investigations Officer is to be contacted in
order to arrange an inspection of the site.
(ii)
The granting of this permit does not obviate the necessity for compliance with the
requirements of any other authority under any act, regulation, or local law.
(iii)
The noise generated by the premises must at all times comply with the requirements of the
State Environment Protection Policy, Control of Noise from Commercial, Industrial or Trade
Premises and Control of Music Noise from Public Premises No. N-2, to the satisfaction of
the Responsible Authority.
Environmental Health Department notes
(i)
As the proposal includes the intended establishment of a food premises, application to
register the premises must be made to Council in accordance with the Food Act 1984 and
approval for registration gained prior to any sale of food occurring.
(ii)
Construction and fit out of the food premises must be carried out in accordance with all
requirements of the Australian New Zealand Food Standards Code and the Victorian Food
Act 1984.
(iii)
Enquiries regarding specific requirements for construction, application and registration can
be directed to the Environmental Health Department.
(iv)
The applicant is advised to contact the local water authority to determine requirements for a
Food and Oil Interceptor (grease trap).
(v)
Should the future development be used for a commercial enterprise involving handling of
food or drink, hairdressing, beauty therapy, myotherapy, colonic irrigation, skin penetration or
tattooing or be providing accommodation to more than four (4) persons then the applicant
must contact the Environmental Health Department for further advice concerning legislative
requirements.
(vi)
Permission given under planning legislation cannot be construed as permission relating to
any other legislation under Council jurisdiction, such as Public Health & Wellbeing, Food or
Tobacco Acts.
Page 42
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.1
Attachment A
Plans A – I:
Site Plan, Mezzanine and Ground Floor Plan, Elevation Plans, Signage Plan, Redline Plan,
Landscape Plan
Page 43
Planning Committee
Section 1 – Permit Applications
File No.:
Planning Permit App No.:
Address:
Proposal:
Recommendation:
10 May 2016
Item 1.2
PlnA00703/15
PlnA00703/15
515 Narre Warren Road CRANBOURNE NORTH VIC 3977
Lot 3 LP 116179
Development of Ten Dwellings
That Council Resolve to Present a Case of Support at VCAT
Executive Summary
Date Lodged
25 August 2015 (168 statutory days elapsed)
Existing Land Use
Residential
Surrounding Land Use
Residential
Applicant
Archiden Architectural Services
Zone
Clause 32.08 – General Residential Zone
Overlays
Clause 43.04 – Development Plan Overlay
MSS/Council Policies
Clause 11.02-1 – Supply of Urban Land
Clause 16 – Housing
Clause 16.01-4 – Housing Diversity
Clause 21.05 – The Built Up Area
Clause 22.05 – Residential Development Policy
Clause 55 – ResCode
Objections
One petition containing 45 signatures (informal)
Key Issues
 Site constraints and design response
 Traffic impacts
 Compliance with ResCode (Clause 55)
The Proposal
It is proposed to develop 10 dwellings on the land.
Importantly, it is also proposed to fully construct and complete Bronson Circuit, a partial loop road
that currently terminates at both the southern and northern boundaries of the subject land.
A full description of the proposal is included in Appendix 1.
Details of the proposal are shown on the attached plans (refer to Plans in Attachment 1).
Site and Surrounding Area
The subject site is a rectangular parcel of 4,047m2 and is located on the western side of Narre
Warren Road in Cranbourne North.
Access to the site is gained via the southern leg of Bronson Circuit at the southern site boundary.
Page 53
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
The site sits within a pocket of typical density development connected by a series of internal roads,
with majority of lots being smaller than the subject land, and most containing large single dwellings.
It is noted that to the south of the subject site sits another larger lot that is currently being
developed with eight dwellings that will all gain access onto Bronson Circuit via Hawkshead Place.
Details of the neighbourhood character are included in Appendix 2.
Excludes Objectors
outside this locality plan
Locality Plan
 Subject site
 Objector’s property
▲ North
Ward: Mayfield Melway Ref: 130 C7
Planning Controls
Why is a permit required?
Zone
Clause 32.08 – General
Residential Zone.
Construction of two or more dwellings on a lot.
A full assessment against the above provisions and the relevant sections of State and Local policy
is included in Appendix 3.
Assessment against ResCode
The proposal has been assessed against ResCode and generally complies with the objectives and
standards. Appendix 4 provides further comments pertaining to the proposal’s compliance with
ResCode.
In terms of Neighbourhood Character, it is considered that the proposal is acceptable.
Page 54
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
Referrals
The application was referred to various Council departments for comment and advice. A complete
list of responses is included in Appendix 5.
While there is no requirement to refer the application to any external authorities, Council sought
comment from VicRoads as to the possibility for direct access to the site from Narre Warren Road.
In response, VicRoads confirmed that it would not support direct access to Narre Warren Road.
Advertising
The application was informally advertised to surrounding owners and occupiers, as it is exempt
from the formal advertising requirements of the Planning and Environment Act 1987.
Upon completion of the informal advertising period a petition of objection containing 45 signatures
was received.
The ground of objection is the decreased safety and amenity of surrounding residents resulting
from an increase in traffic on the local road network.
The objectors representative were afforded the additional opportunity to present their concerns to
the General Purposes Committee meeting on 12 April 2016.
A response to the objection and recommendations of the residents to address traffic implications is
provided in Appendix 6.
Officer Direct or Indirect Interest
No Council officers involved in the preparation of this report have a direct or indirect interest in
matters for consideration.
Conclusion
A recommendation for support of the proposal is based on an assessment against the
requirements of the Casey Planning Scheme and consideration of the petition objection. The key
basis for the recommendation is:

General compliance with State and Local Planning objectives, including Clause 21.05 (The
Built Up Area) and Clause 22.05 (Residential Development Policy)

General accordance with the Cranbourne Development Plan

Compliance with ResCode, and

The capacity of local road network to accommodate the additional traffic generated by the
proposed development.
The development outcome proposed for this large infill residential site is neither unusual nor
unreasonable within the context of State and Local Planning Policies.
The resident concerns on traffic, parking and access are considered in Appendix 6 and based on
an objective assessment by Council’s Traffic Department, against the relevant standards, Council
officers cannot justify refusal on these grounds of concern.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
The resident local traffic management suggestions should be considered separately to the
deliberation of this planning application.
Recommendation
That Council Resolve to Present a Case for Support of Planning Permit PlnA00703/15 at
VCAT for Development of Ten Dwellings at 515 Narre Warren Road CRANBOURNE NORTH
VIC 3977, Lot 3 LP 116179 in accordance with the plans to be submitted and subject to the
conditions contained in Appendix 7.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
Appendices: Application details, considerations and assessment
Appendix 1: Details of proposal
The following table provides an overview of the proposed dwellings:
Dwelling
1
Storeys/height
Double
Bedrooms
Four
POS
140m2
Parking
Double garage
2
Double
Four
149m2
Double garage
3
Double
Four
223m2
Double garage
4
Double
Three
56.28m2
Three
2
5
Double
6
Single
Three
Single garage +tandem space
55.95m
Single garage +tandem space
2
115.94m
2
Double garage
7
Single
Three
97.45m
8
Single
There
118.77m2
Single garage +tandem space
9
Single
Three
107.36m2
Single garage +tandem space
10
Double
Four
Double garage
2
154.37m
Double garage
Other information worth noting includes:
Access - Bronson Circuit

It is proposed to complete construction of Bronson Circuit across the front of the site by
connecting the two ends of this partial loop road that currently terminate at the southern and
northern site boundaries.

The new portion of road will match the cross section of the existing road and be designed to
Council Standards.

Dwellings 1 and 2 will gain direct access to the new section of Bronson Circuit, while all
others will gain access from a common internal driveway that will run through the middle of
the site and connect to Bronson Circuit.

Two visitor car spaces are to be provided midway along the internal driveway.
Dwellings

The dwellings are arranged in two east-west rows; one to the north of the internal driveway,
and one to the south.

The minimum front setback of the dwellings to the future Bronson Circuit extension is 5.6m.

The four westernmost dwellings of each row are single storey, while the easternmost are
double.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2

There is good separation between the dwellings at both ground and upper level; although
Dwellings 4 and 5 are joined at both ground and upper level, and the single garages of the
westernmost dwellings of each row are joined.

At ground floor level, all dwellings achieve generous setbacks from common boundaries, with
the minimum setback being 1.2m.

At first floor level, the minimum setback of the dwellings is 2.3m being that of Dwelling 1 to
the southern boundary, while all other upper levels are setback at least 6m from common
boundaries.

The dwellings will present with a mix of architectural styles. The single storey dwellings are to
be designed in a more traditional fashion, constructed of brick with pitched concrete tile
roofs; while the double storey dwellings will contain a mix of pitched and flat roofs, and also a
more modern construction material palette.
For further details of the proposal refer to the associated design response plans.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
Appendix 2: Site and Surrounding Area
The Site
The subject site sits to the west of Narre Warren Road in Cranbourne North, and currently gains
access via Bronson Circuit to its south.
The site remains as a large parcel of 4,047m2 that sits within a neighbourhood of smaller lots that
generally range between 600-700m2.
In respect of existing structures, the site currently contains a large dwelling, associated
outbuildings, a swimming pool, and water tanks. All are to be removed in anticipation of the
proposed development.
It is also noted that the land displays a significant amount of vegetation, predominately in the form
of large trees, and mainly across the eastern frontage. It is noted that all vegetation on site is
proposed to be removed in anticipation of the construction of Bronson Circuit and the dwellings. No
vegetation requires a permit to be removed.
The Area
The area is best described as one of a typical or traditional density given that all lots contain large
single dwellings, with the exception of another large lot to the south which is currently being
developed with eight dwellings.
More specifically:
To the north:

The site has direct abuttal with three other residential lots typical of the surrounding area,
and the northern termination of Bronson Circuit.
To the south:

The site has direct abuttal with three other residential lots typical of the surrounding area,
and the southern termination of Bronson Circuit.
To the east:

The site has direct abuttal with Narre Warren Road which is a large four lane arterial road.
To the west:

The site has direct abuttal with four other residential lots typical of the surrounding area.
Background
Council is unable to determine this application as the applicant has exercised its option to lodge an
application for review against Council’s failure to determine the application within the statutory
time-frame (60 Days).
Rather, Council needs to resolve to present a case either for or against the application at the
upcoming VCAT hearing.
Page 59
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
Appendix 3: Assessment against relevant Planning Scheme controls
Planning Scheme reference
Assessment
State Planning Policy Framework
Clause 11.02-1 – Supply of
This policy encourages opportunities for the consolidation,
Urban Land
redevelopment and intensification of existing urban areas.
It is considered that the proposal is consistent with this policy
in that it seeks to realise intensification of an existing urban
area, and provide a sum total of nine additional dwellings.
Clause 16 – Housing.
This policy has strategies to increase the supply of housing in
existing urban areas by facilitating increased housing yield in
appropriate locations, including under-utilised urban land.
It is considered that the proposal is consistent with this policy
by increasing the supply of diverse housing within an
appropriately located urban area.
Furthermore, the location presents as appropriate for
development of this nature given its proximity to public
transport, community facilities, and retail outlets.
Clause 16.01-4 – Housing
Diversity
This policy encourages well designed medium density housing
which respects neighbourhood character, improves housing
choice, makes better use of existing infrastructure and
improves energy efficiency of housing. It encourages increased
residential densities in and around activity centres.
It is considered that the proposal is generally consistent with
this policy.
The dwellings have been thoughtfully designed in compliance
with Rescode to respect the neighbourhood character, provide
adequate internal amenity to future residents, and minimise
impacts on surrounding residents.
The additional dwellings will make efficient use of well serviced
and underutilised land which will improve housing choice and
diversity in the area.
Generally, the proposal promotes a more efficient use of
existing infrastructure and services.
Planning Scheme reference
Assessment
Local Planning Policy Framework
Clause 21.05 - The Built Up
The Municipal Strategic Statement (MSS) locates the subject
Area
land within the ‘Built Up Area’ of the municipality. The relevant
issues facing the Built Up Area, as identified within the MSS,
are redevelopment pressures facing established residential
areas and the high car dependency of the residential
population
Several objectives to address housing related issues include
the provision of a range of housing choices for
Page 60
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
Planning Scheme reference
Assessment
Local Planning Policy Framework
Casey’s residents and to optimise the use of existing
infrastructure and services
Strategies to achieve the objectives include re-developing
established residential areas at higher densities, particularly
within 400m of activity centres, tertiary institutions and railway
stations.
It is considered that the provision of medium density housing at
the subject site contributes to the provision of housing
diversity.
The proposal is relatively modest in terms of height, setbacks
and site coverage, and is not considered contrary to this policy.
While there are no train stations nearby, bus stops along Narre
Warren Road and the internal road network are easily
accessible, as are shopping centres, public open space, and
community facilities.
Clause 22.05 – Residential
The Local Planning Policy for Residential Development
Development Policy
(Clause 22.05) has objectives to:
 Ensure that development occurs in an orderly manner and
reflects community aspirations for housing needs;
 Identify environmental features and other constraints that
need to be considered in the development of land for urban
purposes;
 Ensure the provision of adequate infrastructure;
 Create a high quality living environment.
It is considered that the proposal is consistent with this policy
as it provides an alternative type of housing development of
good quality on a relatively unconstrained site. Adequate
infrastructure is available to service the proposed dwellings.
Clause 52.06 – Car Parking
The on-site parking provision is adequate in view of this policy,
and satisfies the relevant design standards.
In addition, the proposal to continue Bronson Circuit along the
front of the site will provide additional on street parking
opportunities.
The Cranbourne Development Plan
The Cranbourne Development Plan (CDP) is the plan approved under the Development Plan
Overlay Schedule 1.
The CDP covers the development planning for the greater Cranbourne area, extending form
Glasscocks Road to the north, Ballarto Road to the south, Cranbourne-Frankston Road to the west
and Narre Warren Road to the east. The approved CDP has had a number of changes since 1999.
The CDP is enacted through the application of the Development Plan Overlay (DPO). The extent of
the DPO has been reduced over the years as development in accordance with the plan has been
completed.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
Any proposal must be generally in accordance with this plan. The CDP is general in its statements
that go to residential development, and in accordance with general statutory interpretation, there is
nothing in the plan that prohibits, or discourages the proposed development.
The CDP is more specific in how it deals with traffic network planning and the existing road
network. In respect of Narre Warren Road, it states that a service road should be provided for
abutting land uses. On this basis, it is considered that the proposal to extend Bronson Circuit to
serve the proposed development is in accordance with this requirement of the CDP, and the plan
more generally. As an aside, if an alternate access arrangement was proposed, that included direct
access to Narre Warren Road from the subject site, it would throw doubt over whether the proposal
was indeed generally in accordance with the CDP.
In summary, the proposal is generally in accordance with the CDP.
Page 62
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
Appendix 4: ResCode checklist
A multi-dwelling development must meet all of the objectives and should meet all of the standards
of ResCode (Clause 55 of the Planning Scheme). However Council may also be satisfied that an
application for an alternative design solution meets the objectives of ResCode.
The following table provides a discussion on key matters with ResCode.
Standard
B1 – Neighbourhood Character
B31 – Design Detail
There is no doubt that the existing character of the area is one of a typical outer suburban
density with an overwhelming majority of lots containing single dwellings. On its face, this
might suggest that the proposed development of 10 dwellings is not in keeping with this
character; however, this is not considered to be the case here.
It is well established that development need not replicate an existing character, but rather that
any proposal sits comfortably within that character; that the design outcome is a comfortable
companion of such character.
When considering an application of this nature in an area where very little dual occupancy or
unit development has occurred, a balancing exercise must be undertaken. At one end of the
scale sit various state and local planning objectives that encourage appropriately located
higher density development providing housing choice and affordability; while at the other end,
sit neighbourhood character concerns and those pertaining to existing residential amenity.
In balancing these (often) conflicting objectives, attention must be paid to the detailed design
of every individual application.
The site is appropriately located for medium density development in respect of its proximity to
public transport and community facilities. This being the case, attention is turned to the
design response.
The site has a total area in excess of 4000m2 which is significantly larger than majority of lots
in the surrounding area. Accepting that a large portion of this land will be required to
accommodate the extension of Bronson Circuit, there remains a significant portion of land to
accommodate the proposed dwellings.
While the surrounding area is predominantly made up of single dwellings, in many cases
these have been built from boundary to boundary across their lots and have equivalent site
coverage built form outcomes for their smaller sites. Furthermore, there is a mix of single and
double storey dwellings.
The proposed dwellings have been designed in compliance with ResCode to respect the
existing neighbourhood character, provide internal amenity for future residents, and minimise
the impact on existing dwellings.
The four dwellings proposed at the rear (west) of the site are all single storey, which is
important given that the site has direct interface with a number of existing rear yards of
adjoining lots at this end.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
B1 – Neighbourhood Character cont.
B31 – Design Detail cont.
The six double storey dwellings are proposed at the eastern end, three of which will present
directly to Bronson Circuit providing a good sense of address to the development, while the
other three are proposed midway along the site and are well recessed from common
boundaries.
At upper level the dwellings are all setback from common boundaries well in excess of the
relevant ResCode standards, and the design includes articulation to mitigate the impact of
the overall building mass and its presentation to adjoining dwellings.
Additionally, the extension of Bronson Circuit will further assist the development to suitably
integrate with the surrounding neighbourhood. The continuation of the existing incomplete
loop road will promote a stronger streetscape character, and will also provide a much better
sense of address to the dwellings. This is considered a better outcome, in respect of
character, than an alternative design which might rely on all dwellings being accessed via an
internal driveway.
Finally, the front dwellings have been setback from the future Bronson Circuit to respect the
existing character, and make an efficient use of the land.
In general, the proposal responds to the site context and is compliant with ResCode.
B13 – Landscaping
It is proposed to remove all the vegetation from the site in anticipation of the dwellings and to
make way for the extension of Bronson Circuit.
The applicant has provided a report from a suitably qualified arborist who confirms that none
of the vegetation to be removed is significant or has a high retention value.
On this basis, and given that there are opportunities provided for replacement planting, the
removal of the vegetation is supported.
B14 – Access
Access is one of the crucial matters to be considered relating to the proposal; however, it
must be said that the access arrangements proposed are satisfactory.
The pattern of subdivision which has occurred in the area, by creating Bronson Circuit as a
partial loop road certainly indicates an intention that it would be completed at the time the
subject site was subdivided.
Arguably the greatest benefit of extending the road will be in respect of the efficiency of the
road network and also allowing safe service vehicle access. Without the extension of
Bronson Circuit it is difficult to imagine how waste could safely and efficiently be collected
from the dwellings.
It is considered that the completion of Bronson Circuit represents proper and orderly
planning, and to favour any other access arrangements would contradict same.
The proposed access arrangements are appropriate.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
Appendix 5: Referral comments
Internal Department
Transport Department
No objection subject to conditions.(See Appendix 6 for detailed
response to objections)

The extension of Bronson Circuit must be designed to Council’s
standards.

The crossovers for dwellings 1 and 2 widened to 3.3m.
Drainage Department
No objection subject to standard conditions.
Landscape Department
Based on the fact that the trees to be removed are of low retention
value, the Landscape Department has no objection to the removal of
the trees.
There is no objection subject to the submission of a landscape plan
to be required via permit conditions.
Waste Department
The Waste Department objects to the proposal pending the
submission of a Waste Management Plan.
Given that there is ample room for garbage bins to be placed for
collection along the extended section of Bronson Circuit, the
requirement for a Waste Management Plan is considered to be
excessive and unreasonable.
External Department
VicRoads
Does not support direct vehicular access from the proposed
development to Narre Warren Rd, as it may have a detrimental
impact on the operational efficiency of the arterial road network and
on public safety.
Page 65
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
Appendix 6: Response to objections
Objection
1. Decreased safety in
the
local
road
network
Comment
The response to this is founded upon traffic engineering
principles. When using the relevant engineering standards, the
additional traffic generated by the 10 dwellings is reasonably
accommodated by the proposed access to the local road network.
The development incorporates onsite parking in accordance with
the requirements of the Planning Scheme, and it is therefore
reasonable to conclude that the development will not cause any
significant parking congestion in the street network.
The extension of Bronson Circuit will improve the safety of the
local road network by providing additional on street car parks,
improved passive surveillance, and eliminating the need for waste
collection trucks to reverse and turn at the existing terminations of
Bronson Circuit.
It is accepted that there will be additional vehicle movements
generated by the development; however, by current engineering
standards, these are acceptable. More specifically, the RTA
Guide to Traffic Generating Developments indicates daily vehicle
trips of 9-10 per dwelling. Taking the higher end of this range the
traffic generated in Danby Ct, Hawkshead Pl and Bronson Circuit
would be as follows:
Danby Court - 10 dwellings @ 10 trips/day = 100 daily
vehicle trips
Hawkshead Place - 12 dwellings @ 10 trips/day = 120 daily
vehicle trips
Bronson Circuit - 44 dwellings @ 10 trips/day = 440 daily
vehicle trips
Total trips per day = 660
Ruthven Way and Bronson Circuit were constructed under the
ResCode Guidelines applicable at the time. The streets are
expected to operate as an Access Street under ResCode or as an
equivalent Access Place under the current Growth Area Authority
Engineering Design Manual guidelines. The streets are expected
to operate within a traffic range of 300 to 1,000vpd.
When taking into account the number of dwellings expected to be
access off Ruthven Way including the addition of the proposed
multi-unit development, the maximum daily vehicle trips is
expected to be in the range of 660vpd which is well within the
capacity of the local network.
Furthermore, through the construction of Bronson Circuit there will
be a more efficient, and likely safer road network resulting.
Page 66
Planning Committee
Section 1 – Permit Applications
Resident
Recommendations to
Address Local Traffic
1. Converse
with
VicRoads to create
direct access
10 May 2016
Item 1.2
Traffic Department Comment
Officers have discussed access to the site on several occasions with
VicRoads. VicRoads do not support direct access from Narre Warren–
Cranbourne Road to the subject site. Council cannot reasonably
impose this condition on the applicant.
2.
Make Ruthven Way Officers are supportive of banning parking on both sides of Ruthven
a No Parking zone.
Way. A community consultation process that allows residents to make
a submission is currently underway.
3.
Make the east side
of both Hawkshead
Pl and Bronson
Circuit No Parking
zones.
4.
Provide
off-road Officers do not support implementing such parking solutions. There
parking
along has been no funding set-aside for off-road parking bays.
sections of Bronson
Circuit.
5.
Place STOP signs Officers do not support implementing such parking solutions. It is
at both ends of considered that sightlines are adequate for exiting vehicles.
Intersection conforms to the VicRoads “T-Intersection” signing
Ruthven Way
guidelines.
6.
Place a GIVE WAY It is considered that sightlines are adequate for exiting vehicles at this
sign at the end of intersection, however as this is a modified T-Intersection and to
Danby Court
reinforce this a Give Way sign will be placed at Danby Court.
7.
Place a 30km/h Speed Zones are a Major Traffic Control Item requiring VicRoads
speed
limit
on approval prior to any change. Bronson Circuit operates under the
Bronson Circuit.
Urban Default Speed Zone of 50km/h, which is consistent with the
controls applying to local streets and cul-de-sacs across Casey. A
30km/h speed limit is not a recognised speed zone and would not
comply with the VicRoads Speed Zone Guidelines. Officers do not
support an application to VicRoads for a lower speed zone.
Officers do not support implementing such parking restrictions. These
roads have a pavement width of 6.5m which combined with their
limited traffic generation ensure traffic can safely pass a parked
vehicle.
Page 67
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
Appendix 7: Permit Conditions to be tabled at Victorian Civil and Administrative Tribunal
Certification plan
1.
Prior to the endorsement of the plans required under condition 2 of this permit, a plan must
be lodged for certification to vest the land required for the extension of Bronson Circuit in
Council as road reserve.
Plans required
2.
Prior to the commencement of works, amended plans to the satisfaction of the Responsible
Authority must be submitted to and approved by the Responsible Authority. When approved,
the plans will be endorsed and will then form part of the permit. The plans must be drawn to
scale with dimensions and three copies must be provided. The plans must be generally in
accordance with the plans received by Council 3 February 2016 prepared by Archiden (Job
15U10, Sheets TP02 Rev-1, TP03, TP04, and TP05) but modified to show:
(a)
(b)
3.
The following windows treated in accordance with standard B22 of ResCode, with a
corresponding notation on both the floor plan and elevation plan:
(i)
The north and both west facing upper level windows of dwelling 1
(ii)
The south facing upper level living room window of dwelling 10
(iii)
All north facing upper level windows of dwellings 4 and 5.
The crossovers for dwellings 1 and 2 increased to 3.5m in width.
Prior to the commencement of works, a landscape plan prepared by a person suitably
qualified or experienced in landscape design to the satisfaction of the Responsible Authority
must be submitted to and approved by the Responsible Authority. When approved, the plan
will be endorsed and will then form part of the permit. The landscape plan must be drawn to
scale on A1 paper size with dimensions and three copies must be provided. The landscape
plan must be generally in accordance with drawings by Archiden dated May 2015 except that
the landscape plan must show:
(a)
A survey (including botanical names, trunk location, trunk diameter and canopy spread)
of all existing vegetation. The survey must clearly mark existing vegetation to be
retained and removed. The survey must also include any street trees.
(b)
Buildings and trees (including botanical names, trunk location, trunk diameter and
canopy spread) on neighbouring properties within three metres of the boundary.
(c)
Details of surface finishes of pathways and driveways.
(d)
A planting schedule of all proposed trees, shrubs and ground covers, including
botanical names, common names, pot sizes, sizes at maturity, and quantities of each
plant.
(e)
Landscaping and planting within all open areas of the site including:
(i)
A landscaping strip a minimum of 2m wide along the street frontage.
(ii)
Landscaping and planting on both sides of each driveway and around the internal
driveway.
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Planning Committee
Section 1 – Permit Applications
(iii)
10 May 2016
Item 1.2
A landscaping strip a minimum of 1m wide where possible along site and
allotment boundaries. The strip must be planted with screening shrubs capable of
growing a minimum of 2m tall.
(f)
Landscaped areas must be planted with shrub and groundcover species capable of
achieving a minimum density of at least 85% coverage 12 months after planting.
(g)
All garden beds adjoining turf or gravel surfaces must have hard garden edging.
(h)
Trees in the following locations:
(i)
(i)
A minimum of six (6) small-medium canopy trees (2m high at the time of planting)
within the street frontage.
(ii)
A minimum of one (1) small canopy tree (2m high at the time of planting) within
the private open space of Units 1, 2, 3, 4 5, 8,9 and 10.
(iii)
A minimum of one (1) small canopy tree (2m high at the time of planting) within
the wider sections of the driveway garden beds, adjacent to Visitor parking and
end of the common driveway.
1200mm organic mulch diameter around any retained or proposed trees in lawn areas.
All species selected must be to the satisfaction of the Responsible Authority. Landscaping
must demonstrate the use of sustainable practices and if irrigation is to be provided it must
not use potable water. Any planting within an easement must utilise species suitable for
planting within easements and must have a natural growing height of no more than 2 metres.
4.
Prior to the commencement of works, drainage plans must be submitted to and approved by
the Responsible Authority. The plans must be drawn to scale with dimensions and three
copies must be provided. The plans must show the provision of an on-site stormwater
detention (OSD) system that controls the rate of discharge to 31 litres per second and
provides a minimum detention volume of 27 cubic metres. The stormwater detention system
will become the responsibility of the property owner or body corporate to maintain.
5.
Prior to the commencement of works, detailed construction plans to the satisfaction of the
Responsible Authority must be submitted to and approved by the Responsible Authority. The
plans must be drawn to scale with dimensions and three copies must be provided. The plans
must include, as relevant:
(a)
The full construction of Bronson Circuit to match the existing road to the north and
south of the site to the satisfaction of the Responsible Authority. This must include
details of all drainage works, kerb & channels, nature strips, and footpath.
Layout not altered
6.
The development as shown on the endorsed plans must not be altered without the written
consent of the Responsible Authority.
Landscaping
7.
Before the occupation of the development starts or by such later date as is approved by the
Responsible Authority in writing, the landscaping works shown on the endorsed plans must
be carried out and completed to the satisfaction of the Responsible Authority.
Page 69
Planning Committee
Section 1 – Permit Applications
8.
10 May 2016
Item 1.2
The landscaping shown on the endorsed plans must be maintained in accordance with the
endorsed plans to the satisfaction of the Responsible Authority. Areas shown on the
endorsed plan as landscaped must not be used for any other purpose. For the avoidance of
doubt, maintaining landscaping includes the removal and replacement of any dead, diseased
or damaged plants.
Actions Before Use Commences
9.
Prior to occupation of the dwellings, the construction of Bronson Circuit must be completed in
accordance with the approved engineering plans, to the satisfaction of the Responsible
Authority.
10.
The buildings must not be occupied until the following works have been completed to the
satisfaction of the Responsible Authority:
(a)
The premises are connected to reticulated water supply, sewerage, drainage and
underground electricity to the requirements of the relevant servicing authority.
(b)
The car parking and driveway areas have been constructed with coloured (dusted)
concrete or asphalt in accordance with the endorsed plan.
(c)
A letter box and street number have been provided to the satisfaction of the
Responsible Authority.
General Amenity – Construction works
11.
12.
Construction activities must be managed so that the amenity of the area is not detrimentally
affected, through the:
(a)
Transport of materials, goods or commodities to or from the land.
(b)
Inappropriate storage of any works or construction materials.
(c)
Hours of construction activity.
(d)
Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,
ash, dust, waste and storm water runoff, waste products, grit or oil.
(e)
Presence of vermin.
A clothesline must be provided for each dwelling and must be located to the satisfaction of
the Responsible Authority so as not to be detrimental to the visual amenity of the
neighbourhood.
Drainage
13.
Storm water must not be discharged from the site other than by means of an underground
pipe drain discharged to an approved outlet to the satisfaction of the Responsible Authority.
14.
Appropriate sediment control measures must be undertaken during construction to ensure
that the development site is adequately managed in such a way that no mud, dirt, sand, soil,
clay or stones are washed into or allowed to enter the stormwater drainage system.
15.
The proponent must construct the outfall drainage providing a legal point of stormwater
discharge to each unit / dwelling / allotment.
Page 70
Planning Committee
Section 1 – Permit Applications
16.
10 May 2016
Item 1.2
Polluted drainage must not be discharged beyond the boundaries of the lot from which it
emanates, or into a watercourse or easement drain, but must be treated and/or absorbed on
that lot to the satisfaction of the Responsible Authority.
Vehicle Crossings and Access
17.
Prior to the commencement of works, a permit must be obtained from Council’s Roads and
Construction Department for the construction of the new crossover.
18.
Vehicular crossings must be constructed to the road to suit the proposed driveway to the
satisfaction of the Responsible Authority and any existing crossing or crossing opening must
be removed and replaced with footpath, nature strip, and kerb and channel to the satisfaction
of the Responsible Authority.
19.
All pipes, fixtures, fittings and vents servicing any building on the site must be concealed in
service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.
Permit expiry
20.
This permit will expire if one of the following circumstances applies:
 The development is not started within three years of the date of this permit.
 The development is not completed within five years from the date of this permit.
The Responsible Authority may extend the periods referred to if a request is made in writing
before the permit expires; within six months of the permit expiry for the commencement of
the development; or within 12 months of the permit expiry for the completion of development.
Page 71
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.2
ATTACHMENT 1
PLANS A-F:
Proposed Ground Floor Plan, Proposed Upper Floor Plan, Elevations, Shadow Diagrams
Page 72
Planning Committee
Section 1 – Permit Applications
File No.:
Planning Permit App No.:
Address:
Proposal:
Recommendation:
10 May 2016
Item 1.3
PlnA01118/15
PlnA01118/15
8A Elaine Court CRANBOURNE VIC 3977
Lot 2 PS 701618W
Development of a Dwelling
That Council issue a Notice of Decision to Grant a Permit
Executive Summary
Date Lodged
23 December 2015 (68 statutory days elapsed)
Existing Land Use
A residential lot
Surrounding Land Use
Established residential area
Applicant
Legal & General Properties Pty Ltd
Zone
Clause 32.08 - General Residential Zone
Overlays
There are no overlays.
MSS/Council Policies
Clause 21.05 -The Built Up Area
Clause 22.05 – Residential Development Policy
Clause 52.06 - Car Parking
Clause 54 - One Dwelling on a lot
Objections
6
Key Issues
 Loss of Amenity – overlooking, increased noise and loss of privacy
 Increased traffic to court
 Devaluation of property
The Proposal
The proposal is for a single storey, brick veneer dwelling with a tiled, pitched roof, located behind
an existing dwelling. The existing dwelling is also constructed of brick with a tiled, pitched roof. The
proposed dwelling contains two bedrooms and will be provided with a single garage. Access to the
site will be via a common driveway from Elaine Court. There is a previous planning permit
PlnA00843/11 which was issued on 25 November 2011 for the development of a second dwelling
on the site which subsequently expired. The previous endorsed plans are identical to the current
proposal.
A full description of the proposal is included in Appendix 1 .
Details of the proposal are shown on the attached plans (refer to Attachment A)
Site and Surrounding Area
The subject site is vacant with an area of 194m2. The lot is an irregular battleaxed shape. The site
is located at the rear of an existing lot which contains a single storey dwelling.
Page 79
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.3
The surrounding area is an established residential area which is developed with predominantly
single storey dwellings with some examples of medium density development.
Details of the neighbourhood character are included in Appendix 2.
Any relevant planning history is included in Appendix 3.
Locality Plan
 Subject site
 Objector’s property
▲ North
Ward: Mayfield Melway Ref: 133F5
Planning Controls
Why is a permit required?
Zone
Clause 32.08-3 – General A planning permit is required to construct or extend
Residential Zone
one dwelling on a lot of less than 300m2 .
A full assessment against the above provisions and the relevant sections of State and Local policy
is included in Appendix 4.
Assessment against ResCode
The proposal has been assessed against ResCode and generally complies with the objectives and
standards. Appendix 5 provides an assessment of the items where the proposal does not meet
the ResCode objectives/standards.
In terms of Neighbourhood Character, it is considered that the proposal is respectful of the existing
neighbourhood character and complies in terms of built form and materials.
Page 80
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.3
Referrals
The application was referred to Council’s landscaping, traffic and drainage departments. No
objection was received from any of the departments subject to inclusion of conditions on the
planning permit.
A list of responses is included in Appendix 6.
Advertising
The application was required to be advertised. The advertising was satisfactorily completed and
six objections were received (refer to Locality Plan for the location of objectors’ properties). The
grounds of objection may be summarised as follows:
1. Loss of amenity including:
-
overlooking,
-
increased noise and
-
loss of privacy
2. Increased traffic within court
3. Loss in property value
A response to these objections is provided in Appendix 7.
Officer Direct or Indirect Interest
No Council officers involved in the preparation of this report have a direct or indirect interest in
matters for consideration.
Conclusion
A recommendation for approval is based on an assessment against the requirements of the Casey
Planning Scheme and consideration of all written objections. The key issues influencing the
recommendation are as follows:

The proposal complies substantially with the relevant Clause 54 standards and objectives.

The proposed design is respectful of the existing neighbourhood character.

The proposal is a modest, single storey dwelling which is located behind an existing dwelling
and is unlikely to create any detrimental impacts to the surrounding area.
Recommendation
A.
That Council issue Notice of Decision to Grant a Permit PlnA01118/15 for Development
of a Dwelling at 8A Elaine Court CRANBOURNE VIC 3977, Lot 2 PS 701618W in
accordance with the plans to be submitted and subject to the conditions contained in
Appendix 8:
B.
That the objectors be notified of Council’s decision.
Page 81
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.3
Appendices: Application details, considerations and assessment
Appendix 1: Details of proposal
The following table provides an overview of the proposed dwelling:
Dwelling
1
Storeys/height Bedrooms
Single
Two
POS
44m2
Parking
Single garage
Other information worth noting includes:

The proposed dwelling will be located behind an existing dwelling.

The proposed dwelling is single storey brick veneer with a tiled, pitched roof.

The proposed dwelling contains two bedrooms, living, dining, kitchen, bathroom and laundry.

The proposed dwelling will have a maximum height of 4.9m.

The proposed dwelling is provided with a single garage.

The private open space area is 44m2 .

There are two trees impacted by the proposed dwelling and an arborist report has been
provided.

The site coverage is 69% with a permeable surface area of 30%.

Access to the lot is via an existing, shared driveway from Elaine Court.
Page 82
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.3
Appendix 2: Site and Surrounding Area
The subject site has an area of 194m² and is located on the eastern side of Elaine Court. Other
features of the site are as follows:

The lot is an irregular battleaxed shape.

The lot is burdened by a 2.5 metre wide easement along the read (east) boundary.

The lot is currently vacant.

The site is flat.

This lot was part of a larger lot which contains an existing dwelling and which was has been
recently subdivided.

There are two trees on adjoining lots which overhang the subject site.
The surrounding area can be characterised as an established residential area with predominantly
single storey dwellings. The dwellings are brick or brick veneer with tiled, pitched roofs. The
majority of the lots do not have front fences although there are a few lots with low timber front
fences. The landscaping is informal with scattered canopy trees.
To the north:

The site is developed with a single storey, brick veneer dwelling with a tiled, pitched roof.
To the south:

The site is developed with a single storey, brick veneer dwelling with a tiled, pitched roof.
To the east:

This site is developed with a single storey, concrete dwelling with a tiled, pitched roof.
To the west:

This site contains a single storey, brick veneer dwelling with a tiled, pitched roof.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.3
Appendix 3: Relevant planning history
The site has been subject to the following previous permit applications:

Planning Permit No. PlnA00843/11 (P454/11), issued on 25 November 2011. This permit
allowed for the development of a second dwelling. This permit expired on 25 November 2013
as no works have commenced on the site.

Planning Permit No. Pln00234/12 (P150/12), issued on 16 April 2012. This permit allowed for a
two lot subdivision. The subdivision created the subject lot and has a restriction in relation to
not constructing any development other than in accordance with planning permit P454/11.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.3
Appendix 4: Assessment against relevant Planning Scheme controls
Planning Scheme reference
State Planning Policy Framework
Clause 11: Settlement
It is State policy that projected population
growth for at least a 10-year period can be
accommodated by consolidation of existing
urban areas, with higher densities near public
transport routes, and also by the preparation of
precinct structure plans for developing urban
areas. Settlement patterns must also consider
land capability, natural hazards, environmental
quality and the costs of providing infrastructure.
Clause 16.01: Residential development
It is State policy that energy efficient and cost
effective
residential
subdivisions
are
encouraged in locations with access to physical
and community infrastructure and provided
with: a range of lot sizes; a convenient and safe
road network; appropriate pedestrian and cycle
paths; sufficient useable public open space;
and low vulnerability to fire. It is State policy
that residential densities are increased to
consolidate urban areas.
Local Planning Policy Framework
Clause 21.05: The Built-Up Area.
The strategic vision for the Built-Up Area
includes: the provision of local employment
within a hierarchy of activity centres and
industrial areas; the provision of a range of
housing
opportunities;
reduced
car
dependency; and the efficient use of existing
and proposed infrastructure and services.
Clause 22.05: Residential Development Policy.
It is local policy encourages the development of
high quality living environments recognising
environmental sustainability.
Other
Clause 32.01: General Residential Zone.
This
clause
encourages
residential
development at a range of densities with a
variety of dwellings to meet housing needs of all
households, and which respects neighbourhood
character.
Clause 65.01: Decision Guidelines – Approval
of an application or plan.
This clause sets out the matters which the
Responsible Authority must consider before
deciding on an application.
Assessment
The proposal is consistent with Clause 11 as it
provides an appropriate level of medium density
housing at the subject location.
The proposal is consistent with Clause 16 as it
provides increased residential density via an
appropriate level of medium density housing
that is well designed, thereby improving the
range of housing choice that has good access
to
existing
physical
and
community
infrastructure.
The proposal is consistent with the strategic
vision, as it improves the range of housing
opportunities and can efficiently utilise other
existing infrastructure and services.
The proposal is consistent with this policy as
the new dwellings are provided within walking
distance of neighbourhood facilities and well
connected by bus routes.
The proposal is consistent with the General
Residential Zone, as it improves the range of
housing density and variety while respecting
neighbourhood character.
The matters set out in the decision guidelines
have been duly considered in the assessment
of this proposal.
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Planning Committee
Section 1 – Permit Applications
Appendix 5
10 May 2016
Item 1.3
ResCode checklist
Title & Objective
Comments
A1 - Neighbourhood Character
Design respects existing neighbourhood
character or contributes to a preferred
neighbourhood character.
Design responds to features of the site and
surrounding area.
Complies, the proposed dwelling is single storey
and located behind the existing dwelling
A2 - Integration with Street
Integrate the layout of development with the
street.
N/A
A3 - Street Setback
Setbacks of buildings from a street respect
the existing or preferred neighbourhood
character and make efficient use of the site.
N/A
A4 - Building Height
Building height respects the existing or
preferred neighbourhood character.
Maximum building height is 4.9m
A5 - Site Coverage
Site coverage should respect the existing or
preferred neighbourhood character and
respond to the features of the site.
The site coverage is higher than the standard
however meets the objective and is considered
acceptable given it was previously approved in
the now expired permit and was at 61.7% over
the entire original site. A stormwater detention
system will address any drainage impacts as a
result of the increase in hard surface area.
A6 - Permeability
Reduce the impact of stormwater run-off on
the drainage system and facilitate on-site
stormwater infiltration.
Complies (30%)
A7 - Energy Efficiency Protection
Achieve and protect energy efficient
dwellings.
Ensure the development’s orientation and
layout reduce fossil fuel energy use and
makes appropriate use of daylight and solar
energy.
North facing living area and windows provided.
The private open space is affected by the
proposed garage wall located to the north
however it has sufficient depth.
A8 - Significant Trees
Development respects the landscape
character of the neighbourhood and retains
significant trees on site.
Complies, an arborist report has been provided
due to impact on adjoining trees and root
sensitive protection methods will be conditioned.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.3
Title & Objective
Comments
A10 - Side and Rear Setbacks
Ensure the height and setback of a building
from a boundary respects the existing or
preferred neighbourhood character and
limits the impact on the amenity of existing
dwellings.
Though parts of the proposal are constructed to
the boundary, the low-scale of the building and
articulated facades are considered to be in
keeping with the neighbourhood character.
A11 - Walls on Boundaries
Ensure the location, length and height of a
wall on a boundary respects the existing or
preferred neighbourhood character and
limits the impact on the amenity of existing
dwellings.
This is in keeping with the established
neighbourhood character.
A12 - Daylight to Existing Windows
Allow adequate daylight into existing
habitable room windows.
Complies. The proposal provides good northern
orientation to living area.
A13 - North Facing Windows
Allow adequate solar access to existing
north-facing habitable room windows.
Complies. The proposal does not impact upon
existing windows.
A14 - Overshadowing Open Space
Ensure buildings do not unreasonably
overshadow existing secluded private open
space.
Complies minimal overshadowing given single
storey form.
A15 - Overlooking
Limit views into existing secluded private
open space and habitable room windows.
Complies overlooking on northern elevation
treated with 300mm lattice screen
A16 - Daylight to New Windows
Allow adequate daylight into new habitable
room windows.
Complies. All new habitable rooms achieve
adequate daylight.
A17 - Private Open Space
Provide adequate private open space for
the recreation and service needs of
residents.
POS area of 44m2
A18 - Solar Access to Open Space
Allow solar access into secluded private
open space of a new dwelling.
Complies. The POS is south of the garage
however the depth is 11.7m and adequate.
A19 - Design Detail
Encourage design detail that respects the
existing or preferred neighbourhood
character.
Complies. The proposal’s modest single storey
form ensures it respects neighbourhood
character.
Page 87
Planning Committee
Section 1 – Permit Applications
Title & Objective
Comments
A20 - Front Fences
Encourage front fence design that respects
the existing or preferred neighbourhood
character.
N/A
10 May 2016
Item 1.3
Clause 52.06 Car Parking
The proposal has two bedrooms and a single garage will be provided which complies with this
clause. It is noted that there is no forward direction exit for dwelling 2 as the existing dwelling has a
carport with a tandem car space which prevents cars turning. However this was previously
approved in this location and although this is not ideal this clause does not mandate forward
direction exit for a second dwelling. Elaine Court is a local road and not a collector road and
therefore reversing is acceptable.
Site Coverage
The site coverage is higher than the standard however it meets the objective. The site coverage
exceeds the performance measure of 60%. This is considered acceptable given the small lot size
and it was previously approved in the now expired permit and was at 61.7% over the entire original
site. A stormwater detention system will address any drainage impacts as a result of the increase
in hard surface area.
Building over the Easement
There is a garage proposed over an existing easement. The applicant has received consent from
the building department for this and there is no objection from the drainage department. There are
no assets within this easement.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.3
Appendix 6: Referral comments
Type of referral
Internal Department
Landscaping
Department
Response
This application was not referred to the landscape department as
they have already commented on the previous planning permit and
arborist report.
The previous landscape conditions will apply to this development
including root sensitive construction methods.
Traffic Department
There are no objections subject to the standard conditions relating to
parking and access.
Drainage Department
There are no objections subject to the usual drainage conditions. A
build over easement permit is required as well as a stormwater
detention system.
Page 89
Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.3
Appendix 7: Response to objections
Objection
Comment
1. Loss of Amenity- There is potential overlooking from the northern boundary as the fence
Overlooking
has a height of 1.5m. The plans show that this fence will be treated
with 300mm of lattice to prevent overlooking. The development is a
modest single storey dwelling which is unlikely to lead to a loss of
privacy due to overlooking.
2.
Noise
The development is unlikely to create any excessive noise which is
inconsistent with a normal residential area.
3.
Increased traffic in The traffic department has assessed this application and it is
court location
considered that Elaine Court is a local road with capacity for the
additional traffic generated from the development.
4.
Loss
value
of
property This is not considered to be a planning consideration and there is no
evidence to suggest that medium density developments would cause
a devaluation of property values.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.3
Appendix 8: Permit Conditions
1.
Before the development starts, a landscape plan prepared by a person suitably qualified or
experienced in landscape design to the satisfaction of the Responsible Authority must be
submitted to and approved by the Responsible Authority. When approved, the plan will be
endorsed and will then form part of the permit. The plan must be drawn to scale with
dimensions and three copies must be provided. The plan must show:
(a)
Details of the survey included in the submitted Arborist's report (including botanical
names) of all existing vegetation to be retained and/or removed.
(b)
Buildings and trees (including botanical names) on neighbouring properties within three
metres of the boundary.
(c)
Details of surface finishes of pathways and driveways.
(d)
A planting schedule of all proposed trees, shrubs and ground covers, including
botanical names, common names, pot sizes, sizes at maturity, and quantities of each
plant.
(e)
Landscaping and planting within all open areas of the site.
Layout not altered
2.
The development as shown on the endorsed plans must not be altered without the written
consent of the Responsible Authority.
3.
Once the development has started it must be continued and completed to the satisfaction of
the Responsible Authority.
Landscaping
4.
Before the occupation of the development starts or by such later date as is approved by the
Responsible Authority in writing, the landscaping works shown on the endorsed plans must
be carried out and completed to the satisfaction of the Responsible Authority.
5.
The landscaping shown on the endorsed plans must be maintained in accordance with the
endorsed plans to the satisfaction of the Responsible Authority. Areas shown on the
endorsed plan as landscaped must not be used for any other purpose. For the avoidance of
doubt, maintaining landscaping includes the removal and replacement of any dead, diseased
or damaged plants.
Tree Protection
6.
Tree protection fencing must be erected prior to the commencement of all construction
activities on site, and remain until all construction activities on site are complete, unless
otherwise stated, around TPZ (Tree Protection Zone) of trees # 1, 6 and 7 (as shown on
page 16 of Arborist report by Constructive Arboriculture, dated June 2011).
7.
Pier and beam footings, or alternative root sympathetic construction techniques approved by
a suitably qualified Arborist and the Responsible Authority prior to the commencement of
works, must be used for the eastern wall of kitchen and bedroom 1, and southern walls of
bedroom 2 and bathroom of proposed dwelling 2 where building activities will occur within
the drip line of Trees #1, 6 & 7.
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Planning Committee
Section 1 – Permit Applications
8.
10 May 2016
Item 1.3
All works within the drip line including exploratory excavations (inclusive of the structural root
zone) must be completed under the supervision of a suitably qualified Arborist. The applicant
must submit appropriate written evidence that the Arborist is satisfied with all construction
works including methods and materials, which must be in accordance with the
recommendations in AS-4970-2009, 'Protection of Trees on Development Sites'.
Trenching/ Compaction:
No compaction of the surface, or open trenching is to occur within the drip line of any tree.
9.
No vehicular or pedestrian access, trenching or soil excavation or filling is to occur within the tree
protection zone without the written consent of the Responsible Authority. No storage or dumping
of tools, equipment or waste is to occur within the Tree Protection Zone.
10.
Any pruning that is required to be done to the canopy of any tree to be retained is to be done
by a qualified arborist to Australian Standard — Pruning of Amenity Trees AS4373-2007.
Pruning of the root system of any tree to be retained is to be done by hand by a qualified
arborist.
Drainage
11.
Before the development starts, drainage plans must be submitted to and approved by the
Responsible Authority. The plans must show the provision of an on-site stormwater detention
(OSD) system. The OSD system must control the rate of stormwater discharge to 4 litres per
second and store a volume of 2.2 cubic metres for the 10-year average recurrence interval
(ARI) storm. The plans must be drawn to scale with dimensions and three copies must be
provided. The stormwater detention system will become the responsibility of the property
owner or body corporate to maintain.
12.
Storm water must not be discharged from the site other than by means of an underground
pipe drain discharged to an approved outlet to the satisfaction of the Responsible Authority.
13.
Polluted drainage must not be discharged beyond the boundaries of the lot from which it
emanates, or into a watercourse or easement drain, but must be treated and/or absorbed on
that lot to the satisfaction of the Responsible Authority.
14.
Appropriate sediment control measures must be undertaken during construction to ensure
that the development site is adequately managed in such a way that no mud, dirt, sand, soil,
clay or stones are washed into or allowed to enter the stormwater drainage system.
General Amenity
15.
The development must be managed to the satisfaction of the Responsible Authority so that
the amenity of the area is not detrimentally affected, through the:
(a)
Transport of materials, goods or commodities to or from the land.
(b)
Appearance of any building, works or materials.
(c)
Hours of construction activity.
(d)
Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,
ash, dust, waste water, waste products, grit or oil.
Page 92
Planning Committee
Section 1 – Permit Applications
(e)
10 May 2016
Item 1.3
Presence of vermin.
Actions Before Use Commences
16.
The buildings must not be occupied until the following works have been completed to the
satisfaction of the Responsible Authority:
(a)
The premises are connected to reticulated water supply, sewerage, drainage and
underground electricity to the requirements of the relevant servicing authority.
(b)
The car parking and driveway areas have been constructed with coloured (dusted)
concrete or asphalt in accordance with the endorsed plan.
(c)
All landscaping works have been completed generally in accordance with the endorsed
plan.
(d)
A letter box and street number have been provided to the satisfaction of the
Responsible Authority.
Vehicle Crossings and Access
17.
Clear sight lines shall be provided for adequate visibility between vehicles leaving access
driveways and pedestrians at the property lines as per Australian Standards AS/NZ
2890.1:2004 S3.2.4 Fig3.3. Obstructions including letterboxes, meter boxes, front and
boundary fencing, vegetation and the like must be restricted to a maximum height of 1m.
18.
Adequate lighting of the driveway must be provided for safe night time traffic movement in
accordance with Australian Standards.
19.
The walls on the boundary of the adjoining properties must be cleaned and finished to the
satisfaction of the Responsible Authority.
20.
All pipes, fixtures, fittings and vents servicing any building on the site must be concealed in
service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority.
Permit Expiry
21.
This permit will expire if one of the following circumstances applies:
 The development is not started within three years of the date of this permit.
 The development is not completed within five years from the date of this permit.
The Responsible Authority may extend the periods referred to if a request is made in writing
before the permit expires; within six months afterwards for the commencement of the
development; or within 12 months afterwards for the completion of development.
Note:
(i.)
A Build-Over Easement permit must be obtained prior to the commencement of construction.
An application must be made to the Building Department of the City of Casey and the
relevant authority for the issue of a permit.
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Planning Committee
Section 1 – Permit Applications
10 May 2016
Item 1.3
Attachment A
Plans A – D:
Site Layout Plan, Streetscape & Elevations Plan, AM Shadow Diagrams, PM Shadow
Diagrams
Page 94