CITY OF GREATER GEELONG
AGENDA
DEVELOPMENT HEARINGS PANEL
MEETING NO 529
TO BE HELD AT BROUGHAM STREET OFFICE
(GROUND FLOOR)
100 BROUGHAM STREET, GEELONG ON
THURSDAY, 15 SEPTEMBER 2016 AT 5.00 P.M.
1.
Committee Members Present
2.
Officers Present
3.
Apologies
4.
Confirmation of Minutes
5.
Declaration of Interest
6.
Matters for Consideration
7.
Late Reports
8.
Next Meeting
Joanne van Slageren
Chair
15 September 2016
Committee Membership
Distribution:
J van Slageren (Chair)
H Griffiths
P Smith
J Bryce
Dr K Alexander, Administrator
L Gardner, Administrator
P Dorling, Administrator
P Bettess, General Manager - Planning & Development
G Russell - Communications and Marketing
M Nigido - Building Services
Town Planners
INDEX
Application No.
Subject Address:
Proposed Use:
Page
No.
PP-402-2016
35 Seaview Parade,
BELMONT
Buildings and Works for
the Construction of Four
(4) Dwellings and a Four
(4) Lot Subdivision
3
PP-399-2016
18 Bridge Road,
BARWON HEADS
Construction of Three (3)
Double Storey Dwellings
and Three (3) Lot
Subdivision and
Alteration and Creation of
Access to a Road Zone
56
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 3
Application No:
PP-402-2016
Applicant:
Smart Choice Property Development Pty Ltd
Subject Land:
35 Seaview Parade, BELMONT
Owner:
S D Thompson
Zone:
General Residential Zone, Schedule 1
Overlays:
Nil
Existing Use:
Single Dwelling
Proposed Use:
Buildings and Works for the Construction of
Four (4) Dwellings and a Four (4) Lot
Subdivision
Indicates
Objectors
Subject Site
35 SEAVIEW PARADE, BELMONT
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 4
Summary

The subject site is located on the west side of Seaview Parade with the property
consisting of two lots, 13 and 14, Section 4, Plan of Subdivision 003154. The lots
have frontage to Seaview Parade and McKeown Lane of 20.12m and a depth of
42.67m equating to an area of 858sqm.

The site currently contains a timber weatherboard dwelling oriented to Seaview
Parade, and appears to be in a state of disrepair. Vehicle access is available via
McKeown Lane where no kerb and channel is in place on the east side of the lane.
The Seaview Parade frontage contains grassed nature strip with two street trees and
formed kerb and channel.

The site contains little vegetation other than grasses and three garden trees. The
land slopes down to the north east corner by approximately three metres.

The site is located 75m north of Mt. Pleasant Road and 220m walk to the
intersection with High Street in Belmont. The locality is well serviced with access to
public transport, commercial premises, and community and education services

The subject site is located in the General Residential Zone, Schedule 1. Land around
High Street is in the Commercial 1 Zone and land buffering this is contained in the
Residential Growth Zone, Schedule 2.

The site is also located in the Belmont – High Street Increased Housing Diversity
Area (IHDA), as recognised in City of Greater Geelong Housing Diversity Strategy

The subject site is not subject to any overlays, however land to the east and west
and along Mt Pleasant Road are covered by the Heritage Overlay, Schedule 1906
for the Kardinia Heritage Area.

The application seeks approval for four dwellings and subdivision of the land in
accordance with the development layout.

The development proposes two dwellings to be oriented to Seaview Parade and two
to be oriented to McKeown Lane. The dwellings propose a single design and layout
of bedroom 1 on the ground floor along with kitchen/dining/living, utilities, and single
garaging. An additional vehicle space is provided in tandem with the required length
of 5.4m achieved. The upper floor provides for an additional two bedrooms,
bathroom and open study area.

The dwellings are proposed to be constructed of facebrick and horizontal fibre
cement sheet (appears similar to weatherboard) with hipped roof form of Colorbond
roof sheet. Indicative colours are light toned cream and greys.

The application was advertised by letters to adjoining owners and occupiers (and
opposite), and by sign(s) on the site. Seventeen (17) objections were received to the
proposal. Common concerns included development and subdivision to higher
densities; dwelling design not in keeping with character of locality; amenity impacts
to adjoining dwelling to the north; increased traffic and carparking to the streets
causing safety and congestion concerns; and use of McKeown Lane for additional
dwellings.

The applicant considered the concerns raised and undertook alterations to the
design in an effort to address neighbourhood character concerns. The application
plans were amended on 11 July 2016, with these plans circulated to objectors for
their review and any further comments. No objections were withdrawn.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 5

The application was assessed against the State and Local Planning Policy
Framework, General Residential Zone (schedule 1), and the objectives and
standards of Clause 55 (and 56). It is considered that the proposal has responded
appropriately to the standards and has policy support for infill development in areas
with access to existing services and infrastructure.

The proposal provides a balanced response to the neighbourhood character of the
locality whilst providing an efficient use of the site in accordance with the policy for
Increased Housing Diversity Areas. The policies promote a diversity of housing types
and intensity of housing growth in locations offering close access to service centres
and transport. Therefore it is recommended that the application be supported via the
issue of a Notice of Decision.
Recommendation
That the Responsible Authority having considered all matters which the Planning
and Environment Act, 1987, requires it to consider, decides to Issue a Notice of
Decision to Grant a Planning Permit for the Buildings and Works for the
Construction of Four (4) Dwellings and a Four (4) Lot Subdivision at 35 Seaview
Parade, BELMONT in accordance with the plans submitted with the application
and subject to the following conditions:
DEVELOPMENT
Amended Plans Required
1.
Prior to the commencement of the development, three (3) copies of 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 must be generally in accordance with the plans
submitted 11 July 2016 but modified to show:
a)
Elevations fully dimensioned, including window sill heights to a
minimum of 1.7m from finished floor level for the upper level habitable
rooms of the dwellings, and boundary wall heights from natural ground
level;
b)
Acoustic fencing along the northern boundary of the private open
space of unit three. The height and composition of the fencing must be
in accordance with specifications supplied by a suitably qualified and
experienced acoustic engineer;
c)
Fencing details, minimum 1.8m in height for all secluded private open
space areas and pedestrian line of sight splays to be provided at both
sides of all vehicle crossings to a height of 0.9m;
d)
Waste and recycling bin areas and mail box provisions to each
dwelling
Endorsed Plan
2.
The development as shown on the endorsed plan(s) must not be altered
without the written consent of the Responsible Authority.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 6
Stormwater Quality / Management
3.
The site stormwater system must be designed and installed such that;
a)
The site stormwater discharge is not increased by the proposed
development. An appropriate on site detention system designed in
accordance with the Infrastructure Design Manual may be required;
b)
Runoff is to be treated to achieve current best practice pollutant
removal targets by connection to an appropriate Water Treatment
Facility, with capacity to treat at least a 3 month ARI storm event,
unless approved otherwise by the Responsible Authority. The Water
Treatment Facility must be maintained to the satisfaction of the
Responsible Authority.
to the Satisfaction of the Responsible Authority
Preparation of Landscape Plans
4.
Prior to the commencement of development, three (3) copies of a landscape
plan prepared by a suitably qualified or experienced person, to the
satisfaction of the Responsible Authority, must be submitted to and
approved by the Responsible Authority. The plan(s) must be drawn to scale
and show:
a)
Details of surface finishes of pathways and driveways;
b)
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;
c)
Landscaping and planting within all open areas of the site;
d)
Landscaping close to the road access to be maximum of 0.9 m high to
facilitate line of sight for exiting vehicles.
When approved, the plan will be endorsed and form part of the permit, all to
the satisfaction of the Responsible Authority.
Prior to the Occupation of Dwellings
5.
Prior to the occupation of the dwellings, the developer must:
a)
Construct the site stormwater system including connections for each
unit into the kerb and channel in Seaview Parade, or other nominated
point/s as approved by the Responsible Authority. The stormwater
connection must be in accordance with City of Greater Geelong
Standard Drawings.
b)
Construct vehicular crossings for Unit 1 and Unit 2 from Seaview
Parade in accordance with the requirements and standards of the City
of Greater Geelong, ensuring they are constructed perpendicular to the
road;
NOTE: The permit holder is required to contact Council’s Parks Unit for an
inspection of the street trees in Seaview Parade by one of Council’s
Arborists. The inspection will determine if any damage has occurred and the
extent of damage that has occurred to the trees root system during
excavation for the vehicle crossings. This inspection will need to be done
immediately after the excavation works are completed and before the
crossover construction works begin.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
c)
d)
e)
f)
g)
Page 7
Construct vehicular crossings for Unit 3 and Unit 4 from McKeown
Lane in accordance with the requirements and standards of the City of
Greater Geelong;
Remove any redundant vehicular crossings and reinstate the kerb and
channel and/or the footpath/nature strip area to match existing
construction in the street, to the satisfaction of the Responsible
Authority;
Clean and finish all external walls on boundaries;
Construct the acoustic fence as detailed in condition 1b), unless
otherwise agreed to in writing by the owner/occupant of the adjoining
property to the north of unit 3;
Complete all buildings and works and landscaping in accordance with
the endorsed plans;
Tree removal and replacement
6.
Should the any of the street trees in Seaview Parade be deemed lost by
Council’s Arborists, prior to occupation, the street trees that will be removed
to facilitate the construction of the proposed crossovers must be offset
using two (2) new trees for each tree removed and to be replanted either at
the site or a suitable location, to the satisfaction of the Responsible
Authority, and maintained for an establishment period of two years at the
developer’s expense, unless otherwise approved by the Responsible
Authority.
SUBDIVISION
Endorsed Plans
7.
The layout and site dimensions of the proposed subdivision as shown on
the endorsed plan(s) shall not be altered or modified without the written
consent of the Responsible Authority. There are no requirements to alter or
modify the endorsed plan if a plan is certified under the provisions of the
Subdivision Act 1988 that is generally in accordance with the endorsed
plans.
Drainage
8.
The site stormwater system must be designed and installed such that;
a)
The site stormwater discharge is not increased by the proposed
development. An appropriate on site detention system designed in
accordance with the Infrastructure Design Manual may be required;
b)
Runoff is to be treated to achieve current best practice pollutant
removal targets by connection to an appropriate Water Treatment
Facility, with capacity to treat at least a 3 month ARI storm event,
unless approved otherwise by the Responsible Authority. The Water
Treatment Facility must be maintained to the satisfaction of the
Responsible Authority.
to the Satisfaction of the Responsible Authority
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 8
Prior to Certification
9.
The owner of the land must enter into agreements with
a)
a telecommunications network or service provider for the provision of
telecommunication services to each lot shown on the endorsed plan in
accordance with the provider’s requirements and relevant legislation at
the time; and
b)
a suitably qualified person for the provision of fibre ready
telecommunication facilities to each lot shown on the endorsed plan in
accordance with any industry specifications or any standards set by
the Australian Communications and Media Authority, unless the
applicant can demonstrate that the land is in an area where the
National Broadband Network (NBN) will not be provided by optical
fibre.
10.
The Plan of Subdivision submitted for certification must include all
easements deemed necessary to protect existing or future drainage lines
within the subject site, and any easements required between the subject site
and the nominated legal point of discharge must be created to the
satisfaction of the Responsible Authority.
Prior to Statement of Compliance
11.
Prior to statement of compliance, the developer must:
a) Construct the site stormwater system including connections for each
unit into the kerb and channel in Seaview Parade, or other nominated
point/s as approved by the Responsible Authority. The stormwater
connection must be in accordance with City of Greater Geelong
Standard Drawings.
b) Construct vehicular crossings for Unit 1 and Unit 2 from Seaview
Parade in accordance with the requirements and standards of the City
of Greater Geelong, ensuring they are constructed perpendicular to the
road;
NOTE: The permit holder is required to contact Council’s Parks Unit for an
inspection of the street trees in Seaview Parade by one of Council’s
Arborists. The inspection will determine if any damage has occurred and the
extent of damage that has occurred to the trees root system during
excavation for the vehicle crossings. This inspection will need to be done
immediately after the excavation works are completed and before the
crossover construction works begin.
c)
Construct vehicular crossings for Unit 3 and Unit 4 from McKeown
Lane in accordance with the requirements and standards of the City of
Greater Geelong;
d)
Remove any redundant vehicular crossings and reinstate the kerb and
channel and/or the footpath/nature strip area to match existing
construction in the street;
all to the satisfaction of the Responsible Authority.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 9
Tree removal and replacement
12.
Should the any of the street trees in Seaview Parade be deemed lost by
Council’s Arborists, prior to the issue of statement of compliance, the street
trees that will be removed to facilitate the construction of the proposed
crossovers must be offset using two (2) new trees for each tree removed and
to be replanted either at the site or a suitable location, to the satisfaction of
the Responsible Authority, and maintained for an establishment period of
two years at the developer’s expense, unless otherwise approved by the
Responsible Authority.
13.
Before the issue of Statement of Compliance for any stage of the subdivision
under the Subdivision Act 1988, the owner of the land must provide written
confirmation from:
a)
a telecommunications network or service provider that all lots are
connected to or are ready for connection to telecommunications
services in accordance with the provider’s requirements and relevant
legislation at the item; and
b)
a suitably qualified person that fibre ready telecommunications
facilities have been provided in accordance with any industry
specifications or any standards set by the Australian Communications
and Media Authority, unless the applicant can demonstrate that the
land is in an area where the National Broadband Network will not be
provided by optical fibre.
14.
Unless otherwise approved in writing by the Responsible Authority, prior to
the issue of Statement of Compliance:
a)
The development approved by Planning Permit 402-2016 must be
substantially completed (e.g. lockup stage as a minimum) in
accordance with the endorsed plans forming part of that Planning
Permit (or any amendment to that permit) to the satisfaction of the
Responsible Authority. Evidence must be submitted which
demonstrates that the development is substantially completed to the
satisfaction of the Responsible Authority;
or
b)
The owner of the land must enter into an agreement with the
Responsible Authority pursuant to Section 173 of the Planning and
Environment Act 1987 which provides for all development to be in
accordance with the endorsed plans forming part of Planning Permit
402-2016 (or any amendment to that permit) or any subsequent
Planning Permit.
The owner must pay the costs of preparation, review, execution and
registration of the agreement and the agreement must be registered on
the newly created title/s. The Section 173 Agreement may be ended by
the Responsible Authority at the written request of the owner and at no
cost to Council.
Public Open Space Contribution
15.
The owner of the subject land must pay to the Council a sum equivalent to
two (2) per cent of the site value of all of the land in the subdivision as a
Public Open Space contribution pursuant to Section 18 of the Subdivision
Act 1988. The contribution will be payable prior to the issue of a Statement
of Compliance.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 10
POWERCOR CONDITIONS
16.
The plan of subdivision submitted for certification under the Subdivision Act
1988 shall be referred to Powercor Australia Ltd in accordance with Section
8 of that Act.
17.
The applicant shall provide an electricity supply to all lots in the subdivision
in accordance with Powercor’s requirements and standards, including the
extension, augmentation or re-arrangement of any existing electricity supply
system, as required by Powercor.
18.
Where buildings or other installations exist on the land to be subdivided and
are connected to the electricity supply, they shall be brought into
compliance with the Service and Installation Rules issued by the Victorian
Electricity Supply Industry. You shall arrange compliance through a
Registered Electrical Contractor and provide to Powercor Australia Ltd a
completed Electrical Safety Certificate in accordance with Electricity Safe
Victoria’s Electrical Safety System.
19.
The applicant shall provide to Powercor Australia Ltd, a copy of the version
of the plan of subdivision submitted for certification, which shows any
amendments which have been required.
20.
Any buildings must comply with the clearances required by the Electricity
Safety (Installations) Regulations.
21.
Any construction work must comply with Energy Safe Victoria’s “No Go
Zone” rules.
BARWON WATER CONDITIONS
General
22.
The plan of subdivision must be referred to Barwon Water in accordance
with the Subdivision Act 1988 and any subsequent amendments to the plan
provided to Barwon Water.
Water
23.
The provision and installation of individual water services including meters
to all lots in the subdivision. A dimensioned plan showing location of all
meters relative to the allotment boundaries, and its number(s), is to be
submitted.
24.
The payment of New Customer Contributions for water for each additional
connection which includes any new lot on a plan of subdivision and/ or any
apartment, unit, or premises within the development that is or can be
separately metered for water supply.
25.
An additional tapping is to be supplied to service the proposed
development. Note that tappings and services are not to be located under
existing or proposed driveways.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 11
26.
Reticulated water mains or a water main extension are/ is required to service
the proposed development. This work must be designed by a Barwon Water
accredited Consulting Engineer and constructed by a Barwon Water
accredited Contractor following the "Developer Works" process.
27.
Barwon Water's records indicate that an existing water service and meter is
located on this property. A dimensioned plan showing the location of
existing meters, and the location of the meter relative to the existing
boundaries, and its number, is to be submitted. Private water service pipes
are not permitted to cross allotment boundaries and must be plugged and
abandoned at the boundaries of such allotments.
Sewer
28.
The provision of sewerage services to all lots in the subdivision. Individual
allotment house connection drains are to be provided for and extend into
each allotment. Note that if any common drain or drain from another
allotment crosses under a proposed dwelling, a "modification to consent" is
to be obtained from the Victorian Building Association and presented to
Barwon Water with the required drainage plan. It should be noted that the
property service sewer drain remains the responsibility of the property
owner(s).
29.
The payment of New Customer Contributions for sewer for each additional
connection which includes any new lot on a plan of subdivision and/ or any
apartment, unit, or premises within the development that is or can be
separately metered (for water supply).
30.
Reticulated sewer mains or a sewer main extension are/ is required to
service the proposed development. This work must be designed by a
Barwon Water accredited Consulting Engineer and constructed by a Barwon
Water accredited Contractor following the "Developer Works" process.
31.
The provision of a separate sewer connection branch to all lots within the
subdivision. A list of certified/licensed plumbers can be provided upon
request.
32.
Any existing house connection branch that is to be utilised for additional
connections or altered to serve the development is to be CCTV inspected
with the report and/or video submitted to Barwon Water for condition
assessment. If it is deemed by Barwon Water that the house connection
branch is unsatisfactory for use, it is to be removed and replaced at the
developer's expense. If the branch being replaced is greater than 4.0 metres
deep, a new sewer manhole is to be constructed with the new house
connection branch connected to this structure. Any property connection
branch no longer required is to be decommissioned in accordance with
Barwon Water's "Property connection decommissioning process". Details of
this process are available on Barwon Water's website under the business ->
property connections section. Also, any existing house connection drain
that traverses through the proposed allotments shall be relocated so not to
inhibit future development.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 12
Note: The developer is to apply to Barwon Water for details relating to costs and
conditions required for the provision of water supply and sewerage services
to the subdivision.
It would be appreciated if all communication between the developer/agent
and Barwon Water quote Barwon Water reference number L012747.
DOWNER CONDITIONS
33.
The plan of subdivision submitted for certification must be referred to
AusNet (Gas) in accordance with Section 8 of the Subdivision Act 1988.
EXPIRY
Development
34.
This permit as it relates to the development of buildings will expire if one of
the following circumstances applies:
a)
The development of the building(s) hereby approved has
commenced within two (2) years of the date of this permit.
not
b)
The development of the building(s) hereby approved is not completed
within four (4) years of 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; or
a)
Within six (6) months after the permit expires where the use or
development has not yet started; or
b)
Within twelve (12) months after the permit expires, where the
development allowed by the permit has lawfully commenced before the
permit expiry.
Subdivision
35.
This permit as it relates to subdivision will expire if one of the following
circumstances applies:
a)
The plan of subdivision has not been certified within two (2) years of
the date of this permit.
b)
A statement of compliance is not issued within five (5) years of the date
of certification.
The Responsible Authority may extend the certification period referred to if a
request is made in writing before the permit expires or within six (6) months
afterwards.
Engineering Notes:
1.
Construction of the site stormwater connection/s is to be inspected by
Council Representative at various stages. An appropriate fee equivalent to
3.25% of total cost of civil works, excluding GST (a minimum fee of $100
applies if the 3.25% amount is less than $100), is to be paid to Council for
inspection. Relevant evidential documentation of the cost is to be provided.
2.
All internal property drainage must be designed and constructed to satisfy
AS/NZS 3500.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
3.
Page 13
A Vehicle Crossing Permit must be obtained prior to commencement of
works.
Parks Notes:
4.
Council must be reimbursed the full costs associated with:
 removing the existing tree and stump
 purchase of new replacement trees in minimum 40cm containers
 planting the replacement trees
 aftercare and maintenance of the replacement trees for a period of no
less than two years
5.
As the street trees are a Council asset located within a road reserve, all
works associated with tree removal and replacement must be undertaken by
Council or its approved contractors, the applicant is advised to contact
Council’s Parks Unit (5272 4827) to discuss the removal and replacement of
the street tree.
A written quote will be prepared and provided to the
applicant and acceptance of the quote must be provided in writing to
Council prior to any works to the street tree commencing.
6.
Any applicable Council permit(s) must be taken out prior to the
commencement of works within the road reserve.
7.
The applicant or their nominated representatives are not authorised to
remove or arrange the removal of the Council tree.
Report
The Site & Locality
The subject site is located on the west side of Seaview Parade with the property
consisting of two lots, 13 and 14, Section 4, Plan of Subdivision 003154. The lots have
frontage to Seaview Parade and McKeown Lane of 20.12m and a depth of 42.67m
equating to an area of 858sqm.
The site currently contains a timber weatherboard dwelling oriented to Seaview Parade,
and appears to be in a state of disrepair. Vehicle access is available via McKeown Lane
where no kerb and channel is in place on the east side of the lane. The Seaview Parade
frontage contains grassed nature strip with two street trees and formed kerb and
channel.
The site contains little vegetation other than grasses and three garden trees. The land
slopes down to the north east corner by approximately three metres.
The site is located 75m north of Mt. Pleasant Road and 220m walk to the intersection
with High Street in Belmont. The locality is well serviced with access to public transport,
commercial premises, and community and education services. The image below shows
the subject site in context with the surrounding zoning.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 14
The subject site is located in the General Residential Zone, Schedule 1. Land around
High Street is in the Commercial 1 Zone and land buffering this is contained in the
Residential Growth Zone, Schedule 2.
The site is also located in the Belmont – High Street Increased Housing Diversity Area
(IHDA), as recognised in City of Greater Geelong Housing Diversity Strategy (alpha
Plan, David Lock Associates and the City of Greater Geelong, 2007), that is
incorporated into the planning scheme. IHDAs have been identified around activity
centres and have significant capacity to accommodate residential growth and increased
housing diversity.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 15
Subject Site indicated with green marker in Belmont – High Street Increased Housing Diversity
Area (IHDA
The subject site is not subject to any overlays, however land to the east and west and
along Mt Pleasant Road are covered by the Heritage Overlay, Schedule 1906 for the
Kardinia Heritage Area.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 16
Surrounding lots in the area are developed single or multi-dwellings in styles that range
from modest single storey face brick dwellings to larger double storey dwellings on lots
of 800sqm. Generally, dwellings in Seaview Parade, Riverview Terrace and Kardinia
Street are oriented to the east with rear vehicle access to garaging constructed to the
rear boundaries. This evident in Seaview Parade with the dwellings fronting Riverview
Terrace and Mt Pleasant Road having garaging to Seaview Parade as in the images
below.
Seaview Parade - Rear garages to dwellings fronting Mt Pleasant Road
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 17
Seaview Parade – Rear garages to dwellings fronting Riverview Terrace
Garaging is also evident in McKeown Lane, with the addition of two dwellings adjoining
the north of the subject site at 12 and 14 McKeown Lane.
McKeown Lane – Rear of properties with dwellings at 12 and 14.
Dwellings at 12 and 14 McKeown Lane, adjoining to the north of subject site.
Land at 36 Seaview Parade adjoins the subject site to the south and is developed with
three dwellings and common property driveway abutting the common boundary. The
dwellings are oriented to Seaview Parade.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 18
Three dwellings at 36 Seaview Parade and the subject land at 35 Seaview Parade.
Proposal
The application seeks approval for four dwellings and subdivision of the land in
accordance with the development layout.
The development proposes two dwellings to be oriented to Seaview Parade and two to
be oriented to McKeown Lane. The dwellings propose a single design and layout of
bedroom 1 on the ground floor along with kitchen/dining/living, utilities, and single
garaging. An additional vehicle space is provided in tandem with the required length of
5.4m achieved. The upper floor provides for an additional two bedrooms, bathroom and
open study area.
The dwellings are proposed to be constructed of face brick and horizontal fibre cement
sheet (appears similar to weatherboard) with hipped roof form of Colorbond roof sheet.
Indicative colours are light toned cream and greys.
Potions of cut and fill will be required to the site, with the dwellings being designed to
step down the slope to Seaview Parade. Overall heights of the dwellings vary with the
maximum height being 7.6m where unit 3 steps down to the rear living area. In the
streetscape, the heights range from between 6.57m and 6.9m.
The dwellings are proposed to be setback 4m from the front boundaries of both Seaview
and McKeown, with the upper levels setback 5.8m from the front boundaries. The
dwellings are proposed to be constructed to the side boundaries for a depth of 8m with
the rear of the dwellings set in from boundaries in accordance with the relevant
standard. Private open space to the dwellings are provided to the rear of approximately
35sqm, and partially covered. Each dwelling allows a front setback of approximately
25sqm for landscaping.
Greater Geelong Planning Scheme
Definition and Nesting
Pursuant to Clause 74 of the Planning Scheme a dwelling is defined as:
A building used as a self-contained residence which must include:
a) a kitchen sink;
b) food preparation facilities
c) a bath or shower; and
d) a closet pan and wash basin.
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It includes outbuildings and works normal to a dwelling.
Pursuant to Clause 75.01 of the Planning Scheme a dwelling is nested in the
Accommodation group.
Zone
The subject site (and surrounding properties) is located within the General Residential
Zone, Schedule 1. The purpose of zone is:
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To implement the State Planning Policy Framework and the Local Planning
Policy Framework, including the Municipal Strategic Statement and local
planning policies.
To encourage development that respects the neighbourhood character.
To implement neighbourhood character policy and adopted neighbourhood
character guidelines.
To provide a diversity of housing types and moderate housing growth in locations
offering good access to services and transport.
To allow education, recreational, religious, community and a limited range of
other non-residential uses to serve local community needs in appropriate
locations.
Overlay
The proposal is not subject to an overlay.
Permit required clause and condition
A planning permit is triggered for this application pursuant to the following clauses of the
Greater Geelong Planning Scheme:

Pursuant to Clause 32.08-2 of the General Residential Zone a permit is required to
subdivide land.
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Pursuant to Clause 32.08-4 of the General Residential Zone a permit is required to
construct two or more dwellings on a lot.
Restrictive Covenant
The subject site is not burdened by a Restrictive Covenant or Section 173 Agreement.
Cultural Heritage Management Plan (CHMP)
The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural
Heritage Management Plan is required for an activity or class of activity.
Part 2 - Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt
activities which do not require a Cultural Heritage Management Plan. The proposal is not
listed as an exempt activity.
Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the
Aboriginal Heritage Regulations 2007. Part 2 - Division 3 does not identify the site or
part of the site as within an area of cultural heritage sensitivity.
High impact activities are defined within Part 2 - Division 5 of the Aboriginal Heritage
Regulations 2007. Part 2 - Division 5 does not list the proposal as a high impact activity.
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Date: 15 September 2016
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The site is considered to have been the subject of significant ground disturbance which
is defined as ‘disturbance of (a) the topsoil or surface rock layer of the ground or (b) a
way - by machinery in the course of grading, excavating, digging, dredging or deep
ripping, but does not include ploughing other than deep ripping.
In accordance with the above assessment, a Cultural Heritage Management Plan is not
required.
Coastal Inundation and Erosion
Clause 13.01-1 of the SPPF requires the Responsible Authority to consider the potential
coastal impacts of climate change.
Strategies include:
 In planning for possible sea level rise, an increase of 0.2 metres over current 1 in
100 year flood levels by 2040 may be used for new development in close proximity
to existing development (urban infill).
 Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined
effects of tides, storm surges, coastal processes and local conditions such as
topography and geology when assessing risks and coastal impacts associated with
climate change.
 Consider the risks associated with climate change in planning and management
decision making processes.
The subject site is located within close proximity of existing urban development.
Council’s data indicates that the site is unlikely to be affected by the potential coastal
impacts of climate change at 2040.
Landfill Gas Risk Assessment
Before deciding on a Planning Permit application, a Responsible Authority is required to
consider, amongst other things:
 Any significant effects the responsible authority considers the environment may have
on the use or development [S 60(1) of the PEA].
 Clause 13.01-1 of The State Planning Policy Framework which aims to ensure that
potentially contaminated land is suitable for its intended future use and development,
and that contaminated land is used safely.
The EPA has adopted the “Best Practice Environmental Management, Siting, Design
Operation and Rehabilitation of Landfills” (September 2010) or “Landfill BPEM.”.
The Landfill BPEM identifies that:
 Risks associated with landfill gases may occur for at least 30 years post-closure.
 Appropriate buffer distances must be maintained between the landfill and sensitive
land uses. The BPEM recommends a 500 metre buffer for landfills that contained
putrescible waste and 200 metres for landfills that contained non-putrescible waste.
 Where the recommended buffers are unavailable, it must be demonstrated that risks
are suitably mitigated.
 All buildings and structures and associated infrastructure should be considered.
The BPEM specifies that development undertaken within a buffer distance of up to 500
metres may be at risk. As the subject site is not located within 500 metres of an
identified former landfill site, a risk assessment is not required.
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Date: 15 September 2016
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Officer Direct Or Indirect Interest:
No Council officers have any direct or indirect interest in the matter to which this report
relates, in accordance with Section 80 (C) of the Local Government Act.
State Planning Policy Framework
Clause 11.02-1 Supply of land
Objective
 To ensure a sufficient supply of land is available for residential, commercial,
retail, industrial, recreational, institutional and other community uses.
Strategies
 Ensure the ongoing provision of land and supporting infrastructure to support
sustainable urban development.
Clause 15.01-1 Urban design
Objective
 To create urban environments that are safe, functional and provides good quality
environments with a sense of place and cultural identity.
Strategies
 Promote good urban design to make the environment more liveable and
attractive.
 Ensure new development or redevelopment contributes to community and
cultural life by improving safety, diversity and choice, the quality of living and
working environments, accessibility and inclusiveness and environmental
sustainability.
 Require development to respond to its context in terms of urban character,
cultural heritage, natural features, surrounding landscape and climate.
 Require development to include a site analysis and descriptive statement
explaining how the proposed development responds to the site and its context.
Clause 15.01-3 Neighbourhood and subdivision design
Objective
 To ensure the design of subdivisions achieves attractive, liveable, walkable,
cyclable, diverse and sustainable neighbourhoods.
Strategy
In the development of new residential areas and in the redevelopment of existing areas,
subdivision should be designed to create liveable and sustainable communities by:
 Contributing to an urban structure where networks of neighbourhoods are
clustered to support larger activity centres on the regional public transport
network.
 Creating compact neighbourhoods that have walkable distances between
activities and where neighbourhood centres provide access to services and
facilities to meet day to day needs.
 Providing a range of lot sizes to suit a variety of dwelling and household types to
meet the needs and aspirations of different groups of people.
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Contributing to reducing car dependence by allowing for:
o Convenient and safe public transport.
o Safe and attractive spaces and networks for walking and cycling.
o Subdivision layouts that allow easy movement within and between
neighbourhoods.
o A convenient and safe road network.
Creating a strong sense of place because neighbourhood development
emphasises existing cultural heritage values, well designed and attractive built
form, and landscape character.
Environmentally friendly development that includes improved energy efficiency,
water conservation, local management of stormwater and waste water treatment,
less waste and reduced air pollution.
Being accessible to people with disabilities.
Clause 15.01-5 Cultural identity and neighbourhood character
Objective
 To recognise and protect cultural identity, neighbourhood character and sense of
place.
Strategies
 Ensure development responds and contributes to existing sense of place and
cultural identity.
 Ensure development recognises distinctive urban forms and layout and their
relationship to landscape and vegetation.
Clause 15.02-1 Energy and resource efficiency
Objective
 To encourage land use and development that is consistent with the efficient use
of energy and the minimisation of greenhouse gas emissions.
Strategies
 Ensure that buildings and subdivision design improves efficiency in energy use.
 Promote consolidation of urban development and integration of land use and
transport.
Clause 16.01-1 Integrated Housing
Objective
 To promote a housing market that meets community needs.
Strategies
 Increase the supply of housing in existing urban areas by facilitating increased
housing yield in appropriate locations, including under-utilised urban land.
 Ensure that the planning system supports the appropriate quantity, quality and
type of housing, including the provision of aged care facilities.
 Ensure housing developments are integrated with infrastructure and services,
whether they are located in existing suburbs, growth areas or regional towns.
 Encourage housing that is both water efficient and energy efficient.
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Meeting No. 529
Date: 15 September 2016
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Clause 16.01-4 Housing Diversity
Objective
 To provide for a range of housing types to meet increasingly diverse needs.
Strategies
 Ensure housing stock matches changing demand by widening housing choice,
particularly in the middle and outer suburbs.
 Encourage the development of well-designed medium-density housing which:
o Respects the neighbourhood character.
o Improves housing choice.
o Makes better use of existing infrastructure.
o Improves energy efficiency of housing.
 Support opportunities for a wide range of income groups to choose housing in
well-serviced locations.
Clause 16.01-5 Housing Affordability
Objective
 To deliver more affordable housing closer to jobs, transport and services.
Strategies
 Improve housing affordability by:
o Ensuring land supply continues to be sufficient to meet demand.
o Increasing choice in housing type, tenure and cost to meet the needs of
households as they move through life cycle changes and to support
diverse communities.
o Promoting good housing and urban design to minimise negative
environmental impacts and keep down costs for residents and the wider
community.
Local Planning Policy Framework
Municipal Strategic Statement
Clause 21.06-1 Settlement and Housing - Key issues and influences
Housing
The majority of new housing development in the municipality will continue to be in the
form of detached dwellings on conventionally sized blocks; however the demand for
smaller dwelling types is expected to escalate. This trend will be driven by significant
growth in smaller households (primarily singles, childless couples and sole parents), as
well as emerging preferences for lower maintenance dwellings that are close to urban
services.
The ageing of the population will contribute substantially to the increase in demand for
low maintenance dwellings and retirement accommodation. This accommodation will
need to be close to urban services.
In order to meet these demands, there is a need to provide for a range of housing
typologies including unit, townhouse, attached, multilevel and apartment dwellings.
There is a need to maintain competition and diversity in the housing market.
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Meeting No. 529
Date: 15 September 2016
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Clause 21.06-3 Urban consolidation
Objectives
 To provide for the consolidation of existing urban areas in a managed way.
 To encourage an appropriate range of development densities.
 To improve accessibility to urban services.
Strategies
Manage urban consolidation and housing change across the municipality, by:
 Accommodating medium and high density housing in Key Development Areas
(as defined by the maps included in this clause).
 Maximising opportunities for housing within Increased Housing Diversity Areas
(as defined in Clause 22.63 Increased Housing Diversity Areas) by
accommodating;
o high density housing in the activity centres consistent with their primary
commercial and retail role; and
o medium density housing in residential areas with more intensive
development being located closest to the core of activity centres.
 Supporting appropriate medium density housing in the General Residential Zone
(Schedule 1) areas.
Clause 21.06-4 Neighbourhood character
Objectives
 To manage the impact of urban change on existing neighbourhoods.
 To ensure that new development responds to the existing neighbourhood
character.
 To protect areas with a significant garden character.
 To protect areas with views to significant landscape features.
Strategies
 Acknowledge that neighbourhood character in the Increased Housing Diversity
Areas will adapt and evolve over time, particularly within and on the edges of
activity centres, where land use and development will intensify.
 Ensure that development is responsive to the established character of the area.
 Support appropriate medium density housing that respects the existing
neighbourhood character in the General Residential Zone areas.
Local Planning Policies
Clause 22.63 Increased Housing Diversity Areas
Objectives
 To evolve the character of these areas through more intensive development.
 To ensure that the density, mass and scale of residential development is
appropriate to the location, role and character of the specific IHDA.
 To ensure development makes a positive architectural and urban design
contribution to the IHDA.
 To promote a diversity of housing types to cater to a variety of lifestyle needs.
 To promote walking trips and pedestrian safety within the IHDAs.
 To ensure that streetscape character in heritage areas is maintained.
 To encourage new development to provide a high level of on-site amenity for
future residents.
Policy
It is policy that development within each of the Increased Housing Diversity Areas
responds positively to the relevant matters set out in this policy.
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Meeting No. 529
Date: 15 September 2016
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Design Objectives
Built Form
 Encourage innovative, high quality, site responsive medium density housing
development.
 Encourage development that incorporates a combination of horizontal and
vertical articulation, materials, textures and colours to create visual interest.
 Encourage a sympathetic design response when addressing any unique
characteristics such as heritage places, significant vegetation, topography and
public spaces.
 Discourage storage areas located within the minimum area of secluded open
space.
Building Height
 Encourage two and three storey development. Three storey developments
should be encouraged on larger sites abutting the activity centre or where the
amenity of adjoining properties will not be unreasonably impacted.
 Encourage the recessing of the third storey to reduce dominance of the building
from adjoining properties and the streetscape.
 Ensure that the height and bulk of the new development on interface properties,
between an IHDA and other residential areas, is responsive to the adjoining
character and provides a transition in the built form between areas.
Landscaping and Vegetation
 Where appropriate, provide a street tree to enhance the contribution of the
development to the streetscape.
Subdivision and Consolidation
 Encourage the consolidation of lots to increase development potential.
 Discourage the fragmentation of sites and underdevelopment of sites.
Car Parking
 Ensure that the visual prominence of car parking structures is minimised by
locating them behind the line of the front façade and designing them to form a
visually unobtrusive part of the building.
 Where more than one car space is provided, encourage the use of a single-width
garage or carport and a tandem parking space on existing or proposed lots with
a frontage of less than 10.5m.
 Minimise the number of vehicle crossings and where possible, access should be
from lower order roads and rear laneways.
Heritage
 Ensure that development in or adjacent to heritage places is sympathetic and
respects the significance of the place.
 Where new development is proposed in or adjacent to a heritage place, ensure
building elements above one-storey in height are set back behind the roof ridgeline of the heritage buildings.
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Date: 15 September 2016
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Referrals
Engineering Services Unit
Standard conditions have been recommended by the Engineering Services Unit
cover drainage of the site, construction of new crossover(s) from both frontages,
creation of any easements required for the subdivision portion of the proposal.
conditions are considered to be appropriate and have been included in
recommendations.
that
and
The
the
Traffic Unit
The traffic Unit was asked to consider the proposal in context with the use and condition
of McKeown Lane. The unit noted that the footpath provision in the Lane was of a poor
standard and have recommended a condition to have the frontage of the lot replaced in
accordance with Council standards. It is expected that this will be a similar finish to that
at the frontage of 12 and 14 McKeown Lane.
With regard to traffic to be generated by the proposed development, it is expected that
each dwelling will make the addition of 6 to 8 movements per day. The unit are satisfied
that this addition can be absorbed within the existing street network.
Conditions have been recommended ensure appropriate line of sight is maintained from
vehicle crossings to pedestrians and other traffic.
Tree Management
The proposal was referred to the Tree Management Unit for their comments regarding
the possible removal of the street tree(s) in the road reserve in Seaview Parade. The
proposed crossover(s) to dwellings one and two may cause impact on the tree
protection zone(s), although it may be possible to retain the tree(s). This can be
confirmed via an onsite inspection of the crossover excavation by Council’s Arborist prior
to the crossover construction works. At which time it will be determined if the tree(s) will
be declared lost and costs attributed to the developer.
Conditions have been recommended to address this and are to be included in any
permit to issue.
Servicing Authorities
The proposal was referred to the external servicing authorities of Barwon Water,
Powercor, and Downer Tenix. The authorities have no objection to the proposal, subject
to their conditions being applied to any permit to issue.
Amendment of the Proposal Prior to or Post Public Notification
The application was not amended prior to or post public notification.
Public Notification
The application is not exempt from the notice requirements of Section 52(1)(a), (b) and
(d), the decision requirements of Section 64(1), (2) and (3) and the review rights of
Section 82(1) of the Act and pursuant to Section 52 of the Planning and Environment
Act 1987 the following forms of advertising were undertaken:
 Notices were sent to owners and occupiers of adjoining land (including opposite)
 A3 sign(s) were placed on the land
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 27
At the time of writing this report, 17 objections had been received.
The submissions have been summarised below into common concerns.
Objection –
Cuboid design and location of balconies at front of units is out of character with
neighbourhood
Response
The applicant has heeded the concerns of objectors and undertaken changes that
include the deletion of balconies and integration of a hipped roof form. The plans were
re-notified to objectors who generally expressed that they were pleased with these
changes.
Objection Dwelling heights are out of character with neighbourhood and will dominate the
streetscape
Response
The proposed dwelling heights are within the maximum set out by the standard at
Clause 55.03-2 of the Greater Geelong Planning Scheme. With regard to the objective
to ensure height of buildings respect the existing or preferred neighbourhood character,
it must be noted that there is no neighbourhood character policy for this location which
sets out a preferred height.
In context with the existing neighbourhood character, there are a number of examples of
double storey dwellings in the locality, including in the Seaview Parade streetscape.
Further to this, two storey form is generally recognised as acceptable dwelling design in
residential areas.
Objection Visual bulk of boundary to boundary development is out of character with
neighbourhood
Response
It is acknowledged that the majority of development in the locality allows for side
setbacks to boundaries. This is generally evident in area given the era of development.
Modern development forms seek to make efficient use of sites by building to at least one
boundary, and this is evident in the more modern dwelling stock at 12 and 14 McKeown
Lane, 34 Seaview Parade, and the development under construction at 2 McKeown
Lane.
The subject site is located in the Belmont-High Street Increased Housing Diversity Area,
to which the policy at Clause 22.63 seeks to accommodate intensification of residential
development. The boundary to boundary form facilitates this in a form that is reflective of
portions of streetscapes in this locality, that are dominated by on boundary garage form
across the width of allotments, or in conjunction with solid fencing.
The proposal has sought to soften the boundary to boundary form by incorporated
separation and articulation of the facades. This is achieved through graduated setbacks
to garaging, portico additions, upper storey recession and appropriate separation
between upper storey portions.
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Date: 15 September 2016
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Objection Density of four dwellings is out of character with neighbourhood
Response
Objections regarding the number of dwellings to the proposal have been a common
response, with a number of objectors preferring the land be developed with a lesser
number of dwellings. With regards to the planning policy relevant to the proposal, the
number of dwellings is not for consideration. The proposal is required to be assessed via
its response to state and local planning policy, and its compliance with the objectives
and standards of Clause 55.
The proposal has appropriately responded to the requirements of Clause 55, as detailed
in the table of this report. With regards to the relevant state and local planning policy, the
proposal seeks to make efficient use of the site which is considered to be very well
serviced, especially with regard to access to commercial, community and transport
services. This is in accordance with state planning policy for Energy and Resource
Efficiency; Integrated Housing; Housing Diversity and Housing Affordability.
The proposal also provides for a positive response to local policy for Urban
Consolidation, especially in accordance with the strategy for maximisation of
opportunities for housing within Increased Housing Diversity Areas.
Objection Insufficient areas for landscaping
Response
The proposal allows for approximately 25sqm to each of the dwellings for front
landscaping. The area is considered sufficient for the establishment of vegetation that
will be an addition to the streetscape.
Objection Proposal should respond to Heritage Overlay of the area, as it does not fit into
heritage streetscape
Response
The subject site is not included in the Heritage Overlay, and as such is not required to
abide by the associated development guidance of the Greater Geelong Heritage Design
Guidelines, or the schedule to the overlay that applies to other sites in the locality, being
the Kardinia Heritage Area.
Generally, streetscapes of low contribution or have a substantial number of introduced
dwellings to an area are not included in a Heritage Area, and this is the case for the
portion of streetscape contained on the east of McKeown Lane and west side of
Seaview Parade, continuing north from 36 Seaview Parade.
The subject site is adjoining introduced development to the area and therefore should
not be required to respond to any heritage related policy, especially where no overlay
applies to theses sites.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 29
Having said this, it is worth considering that infill development in heritage areas is not to
be a replica of an identified heritage form that is common to the area. New development
to heritage areas should be recognisable as new and distinguish itself from the dwellings
that do contribute the heritage area. In this context, it is considered that the proposed
developments are recognisable as modern dwelling designs and will not dilute the
significance of the Kardinia Heritage Area by the addition of a mock heritage form.
Objection Insufficient off street parking supplied by development
Response
The proposal consists of four three bedroom dwellings which are required to supply two
car park spaces per dwelling, in accordance with the requirements of Clause 52.06 of
the Greater Geelong Planning Scheme. The proposal has complied with this
requirement.
Objection Increased risk of traffic hazards and congestion due to increased use of on street
parking in Seaview Parade, McKeown Lane and Collins Street
Response
The proposal was referred to Council’s Traffic Unit for their comments regarding the
proposed traffic generation that will accompany the development. The Unit are satisfied
that traffic generated via the proposal can be absorbed into the existing road network.
As stated above, the proposal has complied with the requirements of the planning
scheme for car parking provision. Requirements for additional car parking are to be
accommodated by on-street car parking, which is available for all persons to utilise. The
parking of vehicles in the street is not controlled via the planning scheme and can not be
addressed by this assessment.
Likewise, the manner in which private persons drive or park their vehicles, possibly
creating hazards, is not able to be addressed by this assessment.
Objection McKeown Lane does not have sufficient drainage, lighting, footpath to
accommodate dwellings – McKeown Lane is a lane, not a street. Developer should
be required to fully seal, kerb and channel to east side, and footpath - Safety of
pedestrians who use McKeown Lane is at risk
Response
A number of submissions have commented that McKeown Lane is a “lane” and not a
street; therefore no further development should be allowed to address the lane until the
full complement of street infrastructure is constructed.
Advice was sought from the Traffic Unit who were satisfied that the development will not
cause detriment in the McKeown Lane context. They did note that the footpath space
between the lot boundary and vehicle carriageway is in disrepair and recommend a
condition to rectify this to the satisfaction of the Responsible Authority. It is reasonable to
expect that this would be to the same standard as the interface provided at the frontage
of 12 and 14 McKeown Lane.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 30
Whilst the carriageway may be named as a “lane”, this does not restrict its purpose as
provision of carriageway for vehicle traffic, in the same manner as any roadway.
It is considered that the proposal will not alter the purpose or use of the lane, with
persons still able to walk or drive in the space, at their own risk. As highlighted by a
number of objections, the lane does not have a footpath; however it is still used as a
thoroughfare by pedestrians. The lack of footpath represents an acceptance of risk by
any person who uses the lane. This proposal will not alter a pedestrian’s choice to take
this route, despite the risk associated with the lack of a designated footpath. Alternate
routes exist in this predominantly grid like locality, and as such, it is not accepted that
this proposal results in an unacceptable risk to drivers and pedestrians.
With the requirement for kerb and channel to the McKeown Lane frontage, Council’s
Engineering Unit have not indicated that this infrastructure is necessary. In fact, the
installation of such infrastructure for the frontage of the subject site would have a
negligible effect on the existing conditions, where the infrastructure would not be
contiguous with any associated existing drainage facilities along this side of McKeown
Lane. Council’s Engineering Unit have recommended that crossovers to dwellings three
and four be constructed to the standard as 12 and 14 McKeown Lane, and the nature
strip area reinstated to match existing construction in the street.
Objection Concern regarding drainage of sites
Response
Stormwater drainage conditions have been recommended by the Engineering Unit with
the legal point of discharge to be to the kerb and channel in Seaview Parade.
Objection Noise from courtyards impacting on neighbours
Response
The normal use of a dwelling includes the use of outdoor space. Any excessive noise
associated with the normal use of an outdoor space can be directed to the relevant
authorities where nuisance is caused.
With regard to this proposal, the applicant has expressed a willingness to install acoustic
fencing to the interface with the north adjoining property, abutting dwelling three’s private
open space. This offer of noise attenuation will be reflected in an amended plans
condition of any permit to issue.
Objection Development will affect value of my property
Response
Concerns for property value are not a relevant matter for consideration in this
assessment.
Objection Materials/colours proposed are not in keeping with surrounding dwellings – prefer
red brick or other darker colour to avoid potential impact to neighbours and
drivers
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Meeting No. 529
Date: 15 September 2016
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Response
The proposed development plans indicate colours that are of light tones of cream and
grey. Objections have noted that the predominant material and colour of the locality is
red brick, and they would prefer that red brick was incorporated into the design.
The subject site is not covered by any overlay that directs the consideration of proposed
colours to a development, and as such the assessment can not direct the proposal to
integrate such a request. The applicant is aware of the request and may wish to
integrate red brick of their own accord.
With regard to neighbourhood character, it is considered that the proposal has
integrated appropriate materials which reflect those used in the locality.
Objection Prefer highlight window to Unit 4 upper floor façade to protect from overlooking to
22 Collins
Response
The objection seeks to mitigate any possible overlooking to habitable room windows of
22 Collins Street. Overlooking potential is measured at a distance of 9m from the
proposed window, in accordance with the standard at Clause 55.04-6 of the Greater
Geelong Planning Scheme. The window to the upper floor of dwelling 4 of the proposal
is located 12m from the objector’s property boundary, across McKeown Lane. As such,
there is no requirement for the proposal to undertake changes to mitigate overlooking in
this instance.
Amendment of the Application Following Public Notification
The applicant made a request to amend the application following public notification
pursuant to Section 57A of the Planning and Environment Act 1987 on 11July 2016.
Council has accepted the amendment. The amendment made the following changes to
the application:
 Changed design of first floor plan and introduction of pitched roof shape &
changes to elevations for all four units.
 Included schedule of materials and colours
 Changes to first floor: - reduction of overall width, removal of balcony, changes to
elevation/roof shape to reduce dominance of facades in the streetscape
 Reduced heights of walls on boundaries by removal of parapet walls in
elevations
 Changed window to bed 2 to avoid overlooking issues.
These are the plans currently under assessment.
The amended application was renotified pursuant to Section 57B of the Planning and
Environment Act 1987 via email or postal service to all objectors
As a result of re-notification to objectors, no additional objections have been received
but some objectors have taken the opportunity to confirm their objection. Some have
expressed that the alterations have gone some way to appeasing their concerns,
especially with regard to an improved neighbourhood character response addressing the
bulk of the previous cuboid design.
No objector has chosen to withdrawn their objection on the basis of these amended
plans being lodged with Council.
Development Hearings Panel
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Date: 15 September 2016
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Assessment
Clause 52.01 – Public Open Space Contribution
A person who proposes to subdivide land must make a contribution to the council for
public open space in an amount specified in the schedule to this clause (being a
percentage of the land intended to be used for residential, industrial or commercial
purposes, or a percentage of the site value of such land, or a combination of both). If no
amount is specified, a contribution for public open space may still be required under
Section 18 of the Subdivision Act 1988.
Response
Pursuant to the schedule to Clause 52.01, the following contribution is required to be
made:
Creation of one additional lot
Creation of two to nine additional lots
None
1 percent per additional lot up to a
maximum of 5 percent
Creation of 10 or more lots on land zoned for 5 percent
residential purposes prior to August 31st
2007
Creation of 10 or more lots on land zoned for 10 percent
residential purposes after August 31st 2007
Waurn Ponds Creek Environs
10 percent
Pursuant to the above table a two 2 percent contribution is required to be made. A
condition of permit requires a cash contribution to be made.
Clause 52.06 – Car Parking






To ensure that car parking is provided in accordance with the State Planning Policy
Framework and the Local Planning Policy Framework.
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 promotes 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 off 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.
Response
Clause 52.06 requires the provision of 8 car spaces to be located on the land. A total of
8 car spaces are provided.
Design Standards
 Dimensions of garages and tandem spaces meet minimum requirements;
 Crossovers and access ways leave appropriate areas for landscaping;
 All vehicles can access carriage way safely;
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 33
Clause 55 - ResCode Assessment – Two or More Dwellings on a Lot
The development is required to be assessed against Clause 55 as set out below:
55.02-1
Neighbourhood character objectives
Standard B1
To ensure that the design respects the
existing
neighbourhood
character
or
contributes to a preferred neighbourhood
character.
The design response must be appropriate to
the neighbourhood and the site.
To ensure that the design responds to the
features of the site and the surrounding
area.
The proposed design must respect the existing
or preferred neighbourhood character and
respond to the features of the site..
 Complies
Double storey development is evident in the locality
with examples generally in form of upper floor
extensions to existing older style dwellings. The
existing forms show varied articulation and roof
design, with examples in the vicinity of the subject site
of hipped or gable designs.
Single storey dwellings range in design from interwar
and post war bungalows of weatherboard or face brick
construction through to face brick and concrete tile
construction of modern suburban designs.
The applicant has undertaken changes resulting in
acceptable bulk and height in the streetscape with
appropriate setbacks from the front and side
boundaries.
The development responds to the character of the
area by integrating appropriate materials and roof form
to the design.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 34
55.02-2
Residential policy objectives
Standard B2
 Complies
To ensure that residential development is
provided in accordance with any policy for
housing in the State Planning Policy
Framework and the Local Planning Policy
Framework,
including
the
Municipal
Strategic Statement and local planning
policies.
An application must be accompanied by a
written statement to the satisfaction of the
responsible authority that describes how the
development is consistent with any relevant
policy for housing in the State Planning Policy
Framework and the Local Planning Policy
Framework, including the Municipal Strategic
Statement and local planning policies.
As set out above, the application complies with the
planning policy framework. The required written
statement has been provided.
Dwelling diversity objective
Standard B3
- N/A
To encourage a range of dwelling sizes and
types in developments of ten or more
dwellings.
Developments of ten or more dwellings should
provide a range of dwelling sizes and types,
including:
Less than ten dwellings are proposed.
To support medium densities in areas where
development can take advantage of public
transport and community infrastructure and
services.
55.02-3
 Dwellings with
bedrooms.
a
different
number
of
 At least one dwelling that contains a kitchen,
bath or shower, and a toilet and wash basin
at ground floor level.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 35
55.02-4
Infrastructure objectives
Standard B4
 Complies
To ensure development is provided with
appropriate
utility
services
and
infrastructure.
Development should be connected to
reticulated services, including reticulated
sewerage, drainage, electricity and gas, if
available.
The site is serviced by the required infrastructure and
the application has been referred to Council’s
Engineers who have not raised any concern about the
ability of the site to be drained. Conditions of permit
cover off on this issue.
To
ensure
development
does
not
unreasonably overload the capacity of utility
services and infrastructure.
Development should not unreasonably exceed
the
capacity
of
utility
services
and
infrastructure, including reticulated services and
roads.
In areas where utility services or infrastructure
have little or no spare capacity, developments
should provide for the upgrading of or mitigation
of the impact on services or infrastructure.
55.02-5
Integration with the street objectives
Standard B5
 Complies
To integrate the layout of development with
the street.
Developments should provide adequate vehicle
and pedestrian links that maintain or enhance
local accessibility.
The development is designed to address both
frontages of Seaview Parade and McKeown Lane, with
pedestrian and vehicle links to the street provided.
There is no high front fencing proposed for this
development.
Development should be oriented to front
existing and proposed streets.
High fencing in front of dwellings should be
avoided if practicable.
Development next to existing public open space
should be laid out to complement the open
space.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 36
55.03-1
Street setback objective
Standard B6
 Complies with variation
To ensure that the setbacks of buildings
from a street respect the existing or
preferred neighbourhood character and
make efficient use of the site.
Walls of buildings should be set back from
streets the distance specified in Table B1.
The application seeks a variation to the standard.
Porches, pergolas and verandahs that are less
than 3.6 metres high and eaves may encroach
not more than 2.5 metres into the setbacks of
this standard.
The adjoining properties are setback 3.4 metres and
5.9 metres, which results in a requirement for a 4.65
metre street setback.
Seaview Parade frontage:
The dwellings proposed for Seaview Parade are
setback 4m, seeking a variation of 0.65m. The
reduced setback has been proposed to be more in
keeping with that displayed by 34 Seaview Parade.
McKeown Lane frontage:
The adjoining property at 12 McKeown Lane is
setback 4.5 metres. Adjoining to the south is a
dwelling oriented to Seaview Parade with a rear fence
and garage fronting McKeown Lane. This results in a
requirement for a 4.5 metre street setback.
The dwellings proposed for McKeown Lane are
setback 4m, seeking a variation of 0.5m. The reduced
setback has been proposed to be in keeping with that
displayed by 12 and 14 McKeown and graduate to the
zero setback built form of the rear fence and garage of
36 Seaview Parade.
The minor reduction to the standard for both frontages
is considered acceptable in that it provides for a
transition between adjoining built forms.
In addition, the reduced setbacks facilitate efficient use
of the site and existing services in this locality which is
recognised as an Increased Housing Diversity Area.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 37
55.03-2
Building height objectives
Standard B7
 Complies
To ensure that the height of buildings
respects
the
existing
or
preferred
neighbourhood character.
The maximum building height should not exceed the
maximum height specified in the zone, schedule to the
zone or an overlay that applies to the land.
The dwelling heights are respectful of the
character of the area with the undulating
topography and some availability of views
encouraging double storey additions to older
dwellings and new developments.
If no maximum height is specified in the zone, schedule
to the zone or an overlay, the maximum building height
should not exceed 9 metres, unless the slope of the
natural ground level at any cross section wider than 8
metres of the site of the building is 2.5 degrees or
more, in which case the maximum building height
should not exceed 10 metres.
While the dwellings are double storey in scale,
the design solution includes single storey
elements and a low pitch roof form in response
to the scale of the surrounding area.
Changes of building height between existing buildings
and new buildings should be graduated.
55.03-3
Site coverage objective
Standard B8
 Complies
To encourage development that respects
the
landscape
character
of
the
neighbourhood.
The site area covered by buildings should not exceed
60 per cent.
The site coverage of buildings is 60 percent of
the site, which is equal to the 60% allowed by
the standard.
Permeability objectives
Standard B9
 Complies
To reduce the impact of increased
stormwater run-off on the drainage system.
At least 20 per cent of the site should not be covered
by impervious surfaces.
The site retains 27 per cent permeability,
assisting in on site stormwater filtration.
To encourage the retention of significant
trees on the site.
55.03-4
To facilitate on-site stormwater infiltration.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 38
55.03-5
Energy efficiency objectives
Standard B10
 Complies
To achieve and protect energy efficient
dwellings and residential buildings.
Buildings should be:
The dwellings are designed to take advantage
of solar energy and living rooms and private
open space areas and located to receive
northern light.
To ensure the orientation and layout of
development reduce fossil fuel energy use
and make appropriate use of daylight and
solar energy.
 Oriented to make appropriate use of solar energy.
 Sited and designed to ensure that the energy
efficiency of existing dwellings on adjoining lots is
not unreasonably reduced.
Living areas and private open space should be located
on the north side of the development, if practicable.
Developments should be designed so that solar
access to north-facing windows is maximised.
55.03-6
Open space objective
Standard B11
- N/A
To integrate the layout of development with
any public and communal open space
provided in or adjacent to the development.
If any public or communal open space is provided on
site, it should:
There is no communal open space requiring
consideration.
 Be substantially fronted
appropriate.
 Provide outlook
practicable.
for
as
by dwellings,
many
where
dwellings
as
 Be designed to protect any natural features on the
site.
 Be accessible and useable.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 39
55.03-7
Safety objective
Standard B12
 Complies
To ensure the layout of development
provides for the safety and security of
residents and property.
Entrances to dwellings and residential buildings should
not be obscured or isolated from the street and internal
access ways.
The development is designed to provide for the
safety and security of residents and property.
All dwelling entrances are clearly visible from
the street or internal access way and private
spaces within the development will be fenced.
Planting which creates unsafe spaces along streets
and access ways should be avoided.
Developments should be designed to provide good
lighting, visibility and surveillance of car parks and
internal access ways.
Private spaces within developments
protected from inappropriate use
thoroughfares.
should be
as public
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 40
55.03-8
Landscaping objectives
Standard B13
 Complies
To encourage development that respects
the
landscape
character
of
the
neighbourhood.
The landscape layout and design should:
There are adequate areas available on site to
allow for planting which will complement the
landscape character of the area.
To encourage development that maintains
and enhances habitat for plants and animals
in locations of habitat importance.
 Take into account the soil type and drainage
patterns of the site.
To provide appropriate landscaping.
To encourage the retention of mature
vegetation on the site.
 Protect any predominant landscape features of the
neighbourhood.
 Allow for intended vegetation growth and structural
protection of buildings.
 In locations of habitat importance, maintain existing
habitat and provide for new habitat for plants and
animals.
 Provide a safe, attractive
environment for residents.
and
functional
Development should provide for the retention or
planting of trees, where these are part of the character
of the neighbourhood.
Development should provide for the replacement of
any significant trees that have been removed in the 12
months prior to the application being made.
The landscape design should specify landscape
themes, vegetation (location and species), paving and
lighting.
A condition of permit requires the submission
of a detailed landscape plan.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 41
55.03-9
Standard B14
Access objective
The width of access ways or car spaces should not
exceed:
To ensure the number and design of
vehicle
crossovers
respects
the
neighbourhood character.
 33 per cent of the street frontage, or
 if the width of the street frontage is less than 20
metres, 40 per cent of the street frontage.
 Complies
A total of 35 per cent of the frontage is taken up
with vehicle crossings, which complies with the
standard.
No more than one single-width crossover should be
provided for each dwelling fronting a street.
The location of crossovers should maximise the
retention of on-street car parking spaces.
The number of access points to a road in a Road Zone
should be minimised.
Developments must provide for access for service,
emergency and delivery vehicles.
55.03-10
Standard B15
Parking location objective
Car parking facilities should:
 Complies
 Be reasonably close and convenient to dwellings and
residential buildings.
Convenient parking is provided for residents and
shared access ways are located at least 1.5
metres from the windows of habitable rooms.
To provide convenient parking
resident and visitor vehicles.
for
To protect residents from vehicular noise
within developments.
 Be secure.
 Be well ventilated if enclosed.
Large parking areas should be broken up with trees,
buildings or different surface treatments.
Shared access ways or car parks of other dwellings and
residential buildings should be located at least 1.5
metres from the windows of habitable rooms. This
setback may be reduced to 1 metre where there is a
fence at least 1.5 metres high or where window sills are
at least 1.4 metres above the access way.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 42
55.04-1
Side and rear setbacks objective
Standard B17
 Complies
To ensure that 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.
A new building not on or within 200mm of a boundary
should be set back from side or rear
The required setbacks have been achieved for
the development and all side and rear setbacks
comply with the formula contained in the
standard.
boundaries:

At least the distance specified in a schedule to the
zone, or

If no distance is specified in a schedule to the zone,
1 metre, plus 0.3 metres for every metre of height
over 3.6 metres up to 6.9 metres, plus 1 metre for
every metre of height over 6.9 metres.
Sunblinds, verandahs, porches, eaves, fascias, gutters,
masonry chimneys, flues, pipes, domestic fuel or water
tanks, and heating or cooling equipment or other
services may encroach not more than 0.5 metres into
the setbacks of this standard.
Landings having an area of not more than 2 square
metres and less than 1 metre high, stairways, ramps,
pergolas, shade sails and carports may encroach into
the setbacks of this standard.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 43
55.04-2
Walls on boundaries objective
Standard B18
To ensure that 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.
A new wall constructed on or within 200mm of a side or rear
boundary of a lot or a carport constructed on or within 1 metre
of a side or rear boundary of lot should not abut the boundary:

For a length of more than the distance specified in a
schedule to the zone; or

If no distance is specified in a schedule to the zone, for a
length of more than:
o 10 metres plus 25 per cent of the remaining length of
the boundary of an adjoining lot, or
o Where there are existing or simultaneously constructed
walls or carports abutting the boundary on an
abutting lot, the length of the existing or
simultaneously constructed walls or carports,
whichever is the greater.
A new wall or carport may fully abut a side or rear boundary
where slope and retaining walls or fences would result in the
effective height of the wall or carport being less than 2 metres
on the abutting property boundary.
A building on a boundary includes a building set back up to
200mm from a boundary.
The height of a new wall constructed on or within 200mm of a
side or rear boundary or a carport constructed on or within 1
metre of a side or rear boundary should not exceed an average
of 3.2 metres with no part higher than 3.6 metres unless
abutting a higher existing or simultaneously constructed wall.
The maximum wall length on the north boundary
abutting 12 McKeown is 6.5 metres and it has a
maximum height of 4.15 metres. This wall is to
be constructed abutting the existing garage wall
of 12 McKeown, reducing the impact of the
height of the wall, with no amenity impacts
resulting.
The maximum wall length on the north boundary
abutting 34 Seaview is 6.5 metres and it has a
maximum height of 3.1 metres.
The maximum wall length on the south boundary
abutting Unit 3 of 36 Seaview is 7.9 metres and
it has a maximum height of 3.45 metres with the
average height being less than 3.2m.
The maximum wall length on the south boundary
abutting the common property of 36 Seaview is
7.9 metres and it has a maximum height of 2.85
metres.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 44
55.04-3
Daylight to windows objective
Standard B19
 Complies
To allow adequate daylight into
existing habitable room windows.
Buildings opposite an existing habitable room window should
provide for a light court to the existing window that has a
minimum area of 3 square metres and minimum dimension of
1 metre clear to the sky. The calculation of the area may
include land on the abutting lot.
The required light courts have been achieved
and all windows have access to the required
level of daylight.
Walls or carports more than 3 metres in height opposite an
existing habitable room window should be set back from the
window at least 50 per cent of the height of the new wall if the
wall is within a 55 degree arc from the centre of the existing
window. The arc may be swung to within 35 degrees of the
plane of the wall containing the existing window.
Where the existing window is above ground floor level, the wall
height is measured from the floor level of the room containing
the window.
55.04-4
North facing windows objective
Standard B20
- N/A
To allow adequate solar access to
existing north-facing habitable
room windows.
If a north-facing habitable room window of an existing dwelling
is within 3 metres of a boundary on an abutting lot, a building
should be setback from the boundary 1 metre, plus 0.6 metres
for every metre of height over 3.6 metres up to 6.9 metres, plus
1 metre for every metre of height over 6.9 metres, for a
distance of 3 metres from the edge of each side of the window.
A north-facing window is a window with an axis perpendicular
to its surface oriented north 20 degrees west to north 30
degrees east.
There are no north facing windows on abutting
lots which require consideration.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 45
55.04-5
Overshadowing
objective
open
space
To ensure buildings do not
significantly overshadow existing
secluded private open space.
Standard B21
 Complies
Where sunlight to the secluded private open space of an
existing dwelling is reduced, at least 75 per cent, or 40 square
metres with minimum dimension of 3 metres, whichever is the
lesser area, of the secluded private open space should receive
a minimum of five hours of sunlight between 9 am and 3 pm on
22 September.
The level of overshadowing associated with the
development is within the requirements of the
standard.
If existing sunlight to the secluded private open space of an
existing dwelling is less than the requirements of this standard,
the amount of sunlight should not be further reduced.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 46
55.04-6
Standard B22
Overlooking objective
A habitable room window, balcony, terrace, deck or patio should be located and
designed to avoid direct views into the secluded private open space of an existing
dwelling within a horizontal distance of 9 metres (measured at ground level) of the
window, balcony, terrace, deck or patio. Views should be measured within a 45
degree angle from the plane of the window or perimeter of the balcony, terrace,
deck or patio, and from a height of 1.7 metres above floor level.
To limit views into existing
secluded
private
open
space and habitable room
windows.
A habitable room window, balcony, terrace, deck or patio with a direct view into a
habitable room window of existing dwelling within a horizontal distance of 9 metres
(measured at ground level) of the window, balcony, terrace, deck or patio should
be either:
 Offset a minimum of 1.5 metres from the edge of one window to the edge of the
other.
 Have sill heights of at least 1.7 metres above floor level.
 Have fixed, obscure glazing in any part of the window below 1.7 metre above
floor level.
 Have permanently fixed external screens to at least 1.7 metres above floor level
and be no more than 25 per cent transparent.
Obscure glazing in any part of the window below 1.7 metres above floor level may
be openable provided that there are no direct views as specified in this standard.
Screens used to obscure a view should be:
 Perforated panels or trellis with a maximum of 25 per cent openings or solid
translucent panels.
 Permanent, fixed and durable.
 Designed and coloured to blend in with the development.
This standard does not apply to a new habitable room window, balcony, terrace,
deck or patio which faces a property boundary where there is a visual barrier at
least 1.8 metres high and the floor level of the habitable room, balcony, terrace,
deck or patio is less than 0.8 metres above ground level at the boundary.
 Complies with condition
The development is designed to
meet the requirements of the
standard and therefore views into
existing secluded private open
space areas and habitable room
windows have been limited.
A condition is recommended to
ensure 1.7m sills are indicated or
relevant windows will be otherwise
obscured with restricted openings as
required.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 47
55.04-7
Internal views objective
Standard B23
 Complies
To limit views into the secluded private
open space and habitable room
windows of dwellings and residential
buildings within a development.
Windows and balconies should be designed to prevent
overlooking of more than 50 per cent of the secluded
private open space of a lower-level dwelling or residential
building directly below and within the same development.
Internal views have been considered in the
design solution and there is no internal
overlooking.
Noise impacts objective
Standard B24
- N/A
To
contain
noise
sources
in
developments that may affect existing
dwellings.
Noise sources, such as mechanical plant, should not be
located near bedrooms of immediately adjacent existing
dwellings.
There are no external noise sources which
require consideration.
To protect residents from external
noise.
Noise sensitive rooms and secluded private open spaces
of new dwellings and residential buildings should take
account of noise sources on immediately adjacent
properties.
55.04-8
Dwellings and residential buildings close to busy roads,
railway lines or industry should be designed to limit noise
levels in habitable rooms.
55.05-1
Accessibility objective
Standard B25
 Complies
To encourage the consideration of the
needs of people with limited mobility in
the design of developments.
The dwelling entries of the ground floor of dwellings and
residential buildings should be accessible or able to be
easily made accessible to people with limited mobility.
The entries to the ground floor of the dwellings
are accessible to those with limited mobility.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 48
55.05-2
Dwelling entry objective
Standard B26
 Complies
To provide each dwelling or residential
building with its own sense of identity.
Entries to dwellings and residential buildings should:
All dwelling entries are clearly visible and
identifiable from the street providing for a sense
of identity for each dwelling. A transitional space
is provided at each dwelling entry.
 Be visible and easily identifiable from streets and other
public areas.
 Provide shelter, a sense of personal address and a
transitional space around the entry.
55.05-3
Daylight to new windows objective
Standard B27
 Complies
To allow adequate daylight into new
habitable room windows.
A window in a habitable room should be located to face:
All habitable room windows face an outdoor
space of the required dimensions, allowing light
into habitable rooms.
 An outdoor space clear to the sky or a light court with a
minimum area of 3 square metres and minimum
dimension of 1 metre clear to the sky, not including
land on an abutting lot, or
 A verandah provided it is open for at least one third of
its perimeter, or
 A carport provided it has two or more open sides and is
open for at least one third of its perimeter.

Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 49
55.05-4
Private open space objective
B28
 Complies
To provide adequate private open
space for the reasonable recreation and
service needs of residents.
A dwelling or residential building should have private open
space of an area and dimensions specified in the schedule
to the zone.
The proposed development has been provided
with the minimum 40 square metres of private
open space with 25 square metres of the space
secluded with a minimum dimension of 3 metres
and is therefore in accordance with the standard.
If no area or dimensions are specified in the schedule to
the zone, a dwelling or residential
building should have private open space consisting of:
 An area of 40 square metres, with one part of the
private open space to consist of secluded private open
space at the side or rear of the dwelling or residential
building with a minimum area of 25 square metres, a
minimum dimension of 3 metres and convenient
access from a living room, or
 A balcony of 8 square metres with a minimum width of
1.6 metres and convenient access from a living room,
or
 A roof-top area of 10 square metres with a minimum
width of 2 metres and convenient access from a living
room.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 50
Clause 55.05-5
Solar Access to Open Space
Standard B29
 Complies with variation
To allow solar access into the
secluded private open space of
new dwellings and residential
buildings.
The private open space should be located on the north side
of the dwelling or residential building, if appropriate.
The proposed secluded private open space receives
adequate solar access.
The southern boundary of secluded private open space
should be set back from any wall on the north of the space
at least (2+0.9h) metres, where ‘h’ is the height of the wall.
Dwelling two does not comply with the setback depth
of 4.7m, assuming the walls on the boundary of 12
McKeown and 34 Seaview are 3m in height.
Despite the non-compliance with the standard, it is
considered that the outdoor space to the dwelling is
sufficient to allow an appropriate level of solar
access.
Clause 55.05-6
Storage
Standard B30
 Complies
To provide adequate storage
facilities for each dwelling.
Each dwelling should have convenient access to at least 6
cubic metres of externally accessible, secure storage
space.
The appropriate storage areas have been provided in
accordance with the standard.
Clause 55.06-1
Standard B31
Design Detail
The design of buildings, including:
 Complies
To encourage design detail that
respects the existing or preferred
neighbourhood character.
 Façade articulation and detailing,
The proposed development is considered to respect
the preferred neighbourhood through the appropriate
use and design of façade articulation & detailing,
window and door proportions, roof form and
verandahs, eaves and parapets.
 Window and door proportions,
 Roof form, and
 Verandahs, eaves and parapets,
should respect the existing or preferred neighbourhood
character.
Garages and carports should be visually compatible with
the development and the existing or preferred
neighbourhood character.
The single width and recessed garage design is
considered to be visually compatible with the
development and neighbourhood character.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 51
Clause 55.06-2
Standard B32
Front Fences
The design of front fences should complement the design of
the dwelling or residential building and any front fences on
adjoining properties.
To encourage front fence design
that respects the existing or
preferred
neighbourhood
character.
- N/A
No front fence is proposed.
A front fence within 3 metres of a street should not exceed:
 Streets in a Road Zone, Category 1: 2 metres.
 Other streets: 1.5 metres.
Clause 55.06-3
B33
- N/A
Common Property
Development should clearly delineate public, communal and
private areas.
There is no common property proposed.
To ensure that communal open
space, car parking, access areas
and site facilities are practical,
attractive and easily maintained.
Common property, where provided, should be functional
and capable of efficient management.
To avoid future management
difficulties in areas of common
ownership.
Clause 55.06-4
B34
 Complies with condition
Site Services
To ensure that site services can
be
installed
and
easily
maintained.
The design and layout of dwellings and residential buildings
should provide sufficient space (including easements where
required) and facilities for services to be installed and
maintained efficiently and economically.
To ensure that site facilities are
accessible,
adequate
and
attractive.
Bin and recycling enclosures, mailboxes and other site
facilities should be adequate in size, durable, waterproof
and blend in with the development.
The dwelling layout and design provides for sufficient
space and facilities for services to be installed and
maintained. Bin and recycling enclosures, mailboxes
and other site facilities can be provided adequately
and will blend in with the development. The site
facilities including mailboxes, bin and recycling
enclosures and mailboxes can be provided and
located for convenient access.
Bin and recycling enclosures should be located for
convenient access by residents.
Mailboxes should be provided and located for convenient
access as required by Australia Post.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 52
Clause 56 – Subdivision
This is an application to subdivide the dwellings such that the dwellings will exist on
separate titles. In this case there is no need to assess the application against the
provisions of Clause 56 as issues in relation to amenity, both on and off site, have been
considered via the Clause 55 assessment, as has neighbourhood character. A condition
of permit ties the subdivision and development via a Section 173 Agreement so that an
orderly planning outcome is achieved.
Decision Guidelines of Clause 65:
Clause 65 of the Greater Geelong Planning Scheme outlines the decision guidelines to
be considered by the Responsible Authority when making decisions on applications.
These decision guidelines include:
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The matters set out in Section 60 of the Act.
The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
The purpose of the zone, overlay or other provision.
Any matter required to be considered in the zone, overlay or other provision.
The orderly planning of the area.
The effect on the amenity of the area.
The proximity of the land to any public land.
Factors likely to cause or contribute to land degradation, salinity or reduce water
quality.
Whether the proposed development is designed to maintain or improve the quality
of stormwater within and exiting the site.
The extent and character of native vegetation and the likelihood of its destruction.
Whether native vegetation is to be or can be protected, planted or allowed to
regenerate.
The degree of flood, erosion or fire hazard associated with the location of the land
and the use, development or management of the land so as to minimise any such
hazard.
Planner response
The site is located in the General Residential Zone, Schedule 1 and within the Belmont –
High Street Increased Housing Diversity Area. The combination of policies applying to
the land results in an emphasis on development being supported for an increase in
dwelling density and diversity in housing design to address identified need in
communities.
Neighbourhood character has been of concern to the objectors of this proposal
specifically with regard to the two storey form and boundary to boundary form, and the
development of the land with four dwellings. Character is particularly subjective and as
such the planning assessment must give weight to the discussion of how a proposal is
respectful of the existing character and how the proposed design responds to amenity
concerns.
With regards to character, the Victorian Civil and Administration Tribunal (VCAT) have
previously commented:
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 53
In considering this issue, the first point to be made is that the notion of
development which is ''respectful'' of neighbourhood character does not
imply that such development must be the same as what already exists. If
policy, the purpose of the zone and the objectives of Clause 55 were
calling for the development that is more of the same, then they would
say so. Rather the notion of "respectful" development must embrace the
need for change and diversity in the type of dwellings that are provided
and an increase in the intensity of development in circumstances where
this is encouraged by planning policy and the purpose of the zone. lIoray
Ptv Ltd v Darebin CC and Ors [2003] VCAT 692
As noted in Iloray, expectations for neighbourhood character outcomes must be derived
from the planning policy framework. Given that the site is not subject to a single dwelling
covenant or any form of prescriptive neighbourhood character controls, there is potential
that the lots in the area could be developed further. Successful response to the
objectives of Clause 55 of the scheme will determine if the site is suitable for the type of
proposal submitted here.
The application has demonstrated the ability to meet the objectives and standards of
Clause 55 and has integrated design details in an effort to respect the neighbourhood
character. Use of materials common to the locality (in a modern interpretation), along
with hipped roof form, and design detail such as appropriate window forms, nondominant garaging, and space for landscaping all serve to integrate the proposal with
the existing dwelling stock.
The height of the proposed dwellings has been of concern to objectors also. The
proposal for double storey design with overall heights in the range of 6.5 to 6.9m is
considered to be acceptable in a suburban context with numerous VCAT determinations
in residential zones commenting that the dwelling form is “commonplace”.
As commented on earlier in the response to objections, it is acknowledged that the
majority of development in the locality allows for side setbacks to boundaries and the
proposed boundary to boundary form is not common in this locality. This is generally
evident in the locality given the era of development. Modern development forms seek to
make efficient use of sites by building to at least one boundary, and this is evident in the
more modern dwelling stock at 12 and 14 McKeown Lane, 34 Seaview Parade, and the
development under construction at 2 McKeown Lane.
The subject site is located in the Belmont-High Street Increased Housing Diversity Area,
to which the policy at Clause 22.63 seeks to accommodate intensification of residential
development. The boundary to boundary form facilitates this in a form that is reflective of
portions of streetscapes in this locality, that are dominated by on boundary garage form
across the width of allotments, or in conjunction with solid fencing.
Boundary to boundary development has been addressed in VCAT determinations
previously where Senior Member Hewet commented in Baric v Moreland CC [2015]
VCAT 1359 (28 August 2015),
I acknowledge that side by side and boundary to boundary construction is not a feature of
development in this neighbourhood. As I have previously discussed however, the
character of this area is in transition. Increasingly medium density housing is becoming
part of the character of this neighbourhood. In assessing this proposal’s response to
neighbourhood character, I am required to be satisfied that the development is respectful
of the neighbourhood’s character. I am not required to be satisfied that the proposal
replicates a character that exists at a point in time.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 54
As mentioned, the site is located in the Increased Housing Diversity Area, which is a
clear marker for expected change in built form, where dwelling design is expected to
make more efficient use of sites. Transition will occur in instances where older, less
efficient dwelling stock, will be re-developed in accordance with the current planning
policy direction.
The proposal is considered to be an acceptable balance of current policy for infill
development at an increased density, whilst offering a respectful design response to the
character of the locality. The design has sought to soften the boundary to boundary form
by incorporating separation and articulation of the facades. This is achieved through
graduated setbacks to garaging, portico additions, upper storey recession, side wall
articulation and appropriate separation between the upper storey portions of the
dwellings.
The development meets the requirements of the State and Local Planning Policy for
provision of infill development in locations with access to appropriate existing services
and infrastructure. Clause 21.06-3 and Clause 21.14 of the Local Planning Policy
Framework are policies in support of the proposal, encouraging increased density and
ultimately change in the area.
Clause 22.63 of the Greater Geelong Planning Scheme for Increased Housing Diversity
Areas (IHDA) provides support for the implementation of general policy direction seeking
to provide for more efficient housing development and decrease reliance on vehicle use
as a result of urban sprawl. The policy directs that redevelopment of housing stock
should be well designed, site responsive, contemporary medium density housing. It is
considered that the proposal represents these characteristics with the design integrating
with the slope of the land, providing transition to adjoining dwelling scale via articulation
of upper storey portions, and providing a modern interpretation of characteristic
materials use in the locality.
The IHDA policy provides design objectives to which proposals should appropriately
respond to. With regard to ‘Built Form’, the policy seeks to:
 Encourage innovative, high quality, site responsive medium density housing
development.
 Encourage development that incorporates a combination of horizontal and
vertical articulation, materials, textures and colours to create visual interest.
 Encourage a sympathetic design response when addressing any unique
characteristics such as heritage places, significant vegetation, topography and
public spaces.
 Discourage storage areas located within the minimum area of secluded open
space.
It is considered that the proposal successfully responds to the criteria with the design
response integrating into the site, utilising modern materials, and providing appropriate
articulation to wall planes. The design seeks to respect the character of the area through
integration of hipped roof form and recession of garaging, which are two common forms
displayed by dwellings in the nearby heritage areas.
Additional design objective of the IHDA policy that are relevant to the proposal include:
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
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Page 55
Encourage two and three storey development. Three storey development should
be encouraged on larger sites abutting the activity centre or where the amenity of
adjoining properties will not be unreasonably impacted.
Discourage the fragmentation of sites and underdevelopment of sites.
Where more than one car space is provided, encourage the use of a single-width
garage or carport and a tandem parking space on existing or proposed lots with
a frontage of less than 10.5m.
Minimise the number of vehicle crossings and where possible, access should be
from lower order roads and rear laneways.
Ensure that development in or adjacent to heritage places is sympathetic and
respects the significance of the place.
Where new development is proposed in or adjacent to a heritage place, ensure
building elements above one-storey in height are set back behind the roof ridgeline of the heritage buildings.
The proposal receives support from the above design objectives where two storey
development is encouraged, and it is considered that the built form proposed is offering
an appropriate scale of development to the site, not an underdevelopment of the site.
Car parking has also been designed in a form that is supported by the policy with single
garaging and tandem spaces proposed.
The subject site is not located in a heritage overlay area and does not sit adjacent to
heritage places. The adjacent dwellings are contemporary dwelling designs with no
heritage significance, and as such there is no policy support for requiring the proposal to
pay heed to the design objectives of the Kardinia Heritage Area (Heritage Overlay 1906)
or the City of Greater Geelong Heritage and Design Guidelines.
Legislative Issues
The Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are
the relevant documents under which Council must consider this application.
Conclusion
The concerns of objectors are noted. The applicant has undertaken alterations to the
proposal in an effort to address the concerns of objectors. The proposal has generally
shown compliance with all required objectives and standards of Clause 55 of the Greater
Geelong Planning Scheme resulting in a proposal with impacts that are considered
reasonable in the context of the planning scheme controls.
Concerns for neighbourhood character and increased housing density are noted
however it is considered that there is ample policy support for the proposal in both the
State and Local planning policies of the Greater Geelong Planning Scheme.
The location of the development is appropriate for an increased dwelling density given
its close vicinity to public transport, recreation facilities, retail and community services.
The increase in dwellings at the site will utilise established infrastructure and provide for
a diversity of choice in the area without creating an adverse impact upon the
streetscape. The dwellings’ design will be an addition to the housing market in the
locality where dwellings on low maintenance lots achieve a desirable living option for a
diverse section of the community.
As such it is recommended that the application be supported via the issue of a Notice of
Decision.
Report prepared by Leanne Stockley
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 56
Application No:
PP-399-2016
Applicant:
Tony Preiato & Assoc
Subject Land:
18 Bridge Road, BARWON HEADS
Owner:
R A Pedretti and S K Pedretti and P G Pedretti
and R M Pedretti and R R Pedretti
Zone:
Residential Growth Zone – Schedule 3
Overlays:
Nil
Existing Use:
Dwelling
Proposed Use:
Construction of Three (3) Double Storey
Dwellings and Three (3) Lot Subdivision and
Alteration and Creation of Access to a Road
Zone
Indicates
Objectors
Subject Site
18 BRIDGE ROAD, BARWON HEADS
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 57
Summary

The subject site is located on the north side of Bridge Road approximately 50m east
of Golf Links Road. The site has a frontage of 16.15m and a depth of 44.2m with an
overall area of 713m². The site currently contains a single weatherboard dwelling.
devoid of any significant vegetation.

The site is zoned Residential Growth Zone – Schedule 3 and is located in an
Increased Housing Diversity Area. The site is not subject to any overlays.

The site is within an area of Cultural Heritage Sensitivity. A Cultural Heritage
Management Plan however is not required as the proposal is not listed as a high
impact activity.

The application proposes the construction of three double storey dwellings and a
three lot subdivision.

Each dwelling contains three bedrooms and is provided with two on site car spaces
either in the form of double garages or a single garage with a tandem space.

The dwellings will be constructed from a mix of materials including brick, rendered
brick, hardies scyon cladding, corrugate iron and rendered polystyrene cladding. The
dwelling design included both flat and pitched roofing.

The maximum height of the dwellings is 7.4m from Natural Ground Level.

The three lot subdivision will contain lots ranging between 169m² and 218m².Lots 2
and 3 will be accessed via a common property driveway designed for proposed
dwellings.

The application was advertised by way of 1 sign on site and letters to all adjoining
owners and occupiers including opposite the site.

As a result of public notification a total of 6 objections were received.

The objections raised include, overdevelopment, loss of privacy, overlooking,
overshadowing, increase in traffic and increased demand for on street car parking.

A consultation meeting was held between the applicant and objectors where the
issues raised within the objections were discussed.

After the consultation meeting was held amended plans were submitted. The
changes were in relation to the amendments requested by Barwon Water and were
not in direct relation to the objections. These plans were circulated to all objectors.

The application has been assessed against the purpose of the Residential Growth
Zone, Clause 52.06 (Car Parking) and Clause 55 (More than one dwelling on a lot)
and is found to comply with the relevant State and Local Planning Policies.

It is therefore recommended that the application be supported subject to the
conditions contained within the report below.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 58
Recommendation
That the Responsible Authority having considered all matters which the Planning
and Environment Act, 1987, requires it to consider, decides to Issue a Notice of
Decision to Grant a Planning Permit for the Construction of Three (3) Double
Storey Dwellings and Three (3) Lot Subdivision and Alteration and Creation of
Access to a Road Zone at 18 Bridge Road, BARWON HEADS in accordance with
the plans submitted with the application and subject to the following conditions:
Endorsed Plans
1.
The development as shown on the endorsed plans must not be altered
without the written consent of the Responsible Authority.
Prior to Commencement of the Development
2.
Prior to the commencement of development, three (3) copies of a landscape
plan prepared by a suitably qualified or experienced person, to the
satisfaction of the Responsible Authority, must be submitted to and
approved by the Responsible Authority. The plan(s) must be drawn to scale
and show:
a)
A survey (including botanical names) of all existing vegetation to be
retained and/ or removed;
b)
Details of surface finishes of pathways and driveways;
c)
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;
d)
Landscaping and planting within all open areas of the site;
When approved, the plan will be endorsed and form part of the permit, all to
the satisfaction of the Responsible Authority.
Drainage
3.
The site stormwater system must be designed and installed such that the
site stormwater discharge is not increased by the proposed development.
An appropriate on site detention system designed in accordance with the
Infrastructure Design Manual may be required to the satisfaction of the
Responsible Authority.
Prior to the Occupation of the Dwellings
4.
Unless otherwise approved in writing by the Responsible Authority, prior to
the occupation of the dwellings, the developer must:
a)
Construct the site stormwater system including connections for each
dwelling into the underground drain in Bridge Road, or
other
nominated point/s as approved by the Responsible Authority. The
stormwater connection must be in accordance with City of Greater
Geelong Standard Drawings;
b)
Construct vehicular crossings in accordance with the requirements
and standards of the City of Greater Geelong;
c)
Remove any redundant vehicular crossings, reinstate kerb and channel
and the footpath/nature strip area to match existing construction in the
street;
d)
Construct and drain the common driveway;
e)
Clean and finish all external walls on or facing property boundaries;
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 59
f)
Complete the landscaping works in accordance with the endorsed
plans;
g)
Complete all buildings and works in accordance with the endorsed
plans.
All to the satisfaction of the Responsible Authority.
SUBDIVISION
Endorsed Plan
5.
The layout and site dimensions of the proposed subdivision as shown on
the endorsed plan(s) shall not be altered or modified without the written
consent of the Responsible Authority. There are no requirements to alter or
modify the endorsed plan if a plan is certified under the provisions of the
Subdivision Act 1988 that is generally in accordance with the endorsed
plans.
6.
The owner of the land must enter into agreements with:
a)
a telecommunications network or service provider for the provision of
telecommunication services to each lot shown on the endorsed plan in
accordance with the provider’s requirements and relevant legislation at
the time; and,
b)
a suitably qualified person for the provision of fibre ready
telecommunication facilities to each lot shown on the endorsed plan in
accordance with any industry specifications or any standards set by
the Australian Communications and Media Authority, unless the
applicant can demonstrate that the land is in an area where the
National Broadband Network (NBN) will not be provided by optical
fibre.
Prior to Certification
7.
The Plan of Subdivision submitted for certification must include all
easements deemed necessary to protect existing or future drainage lines
within the subject site, and any easements required between the subject site
and the nominated legal point of discharge must be created to the
satisfaction of the Responsible Authority.
Prior to the issue of Statement of Compliance
8.
Prior to the issue of Statement of Compliance, the developer must:
a)
Construct the site stormwater system including connections for each
lot into the underground drain in Bridge Road, or other nominated
point/s as approved by the Responsible Authority. The stormwater
connection must be in accordance with City of Greater Geelong
Standard Drawings.
b)
Construct Vehicular crossings in accordance with the requirements
and standards of the City of Greater Geelong.
c)
Remove any redundant vehicular crossings, reinstate kerb and channel
and the footpath/nature strip area to match existing construction in the
street;
d)
Remove any buildings/services that traverse the lot boundaries.
All to the satisfaction of the Responsible Authority.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 60
9.
Unless otherwise approved in writing by the Responsible Authority, prior to
the issue of the Statement of Compliance:
a)
The development approved by Planning Permit 399/2016 must be
substantially completed (e.g. lockup stage as a minimum) in
accordance with the endorsed plans forming part of that Planning
Permit (or any amendment to that permit) to the satisfaction of the
Responsible Authority. Evidence must be submitted which
demonstrates that the development is substantially completed to the
satisfaction of the Responsible Authority;
or
b)
The owner of the land must enter into an agreement with the
Responsible Authority pursuant to Section 173 of the Planning and
Environment Act 1987 which provides for all development to be in
accordance with the endorsed plans forming part of the Planning
Permit 674/2013 (or any amendment to that permit) or any subsequent
Planning Permit.
The owner must pay the costs of preparation, review, execution and
registration of the agreement and the agreement must be registered on the
newly created title/s. The Section 173 Agreement may be ended by the
Responsible Authority at the written request of the owner and at no cost to
Council.
10.
Before the issue of a Statement of Compliance for any stage of the
subdivision under the Subdivision Act 1988, the owner of the land must
provide written confirmation from:
a)
a telecommunications network or service provider that all lots are
connected to or are ready for connection to telecommunications
services in accordance with the provider’s requirements and relevant
legislation at the item; and,
b)
a suitably qualified person that fibre ready telecommunications
facilities have been provided in accordance with any industry
specifications or any standards set by the Australian Communications
and Media Authority, unless the applicant can demonstrate that the
land is in an area where the National Broadband Network will not be
provided by optical fibre.
11.
The owner of the subject land must pay to the Council a sum equivalent to
two (2) per cent of the site value of all of the land in the subdivision as a
Public Open Space contribution pursuant to Section 18 of the Subdivision
Act 1988. The contribution will be payable prior to the issue of a Statement
of Compliance.
Barwon Water Conditions
General
12.
The owner shall create easements for Pipelines or Ancillary Purposes in
Favour of Barwon Region Water Corporation over all existing and proposed
sewers located within the subdivision. The width of these easements shall
be between 2.8 and 3.0 meters and located on the northern boundary of Lot 3
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 61
13.
The certified plan must create implied easements under Section 12 (2) of the
Subdivision Act, over all proposed existing water and sewerage works within
the subdivision.
14.
The plan of subdivision must be referred to Barwon Water in accordance
with the Subdivision Act 1988 and any subsequent amendments to the plan
provided to Barwon Water.
15.
The creation of an Owners Corporation to encumber all lots within the
subdivision.
Water
16.
The provision and installation of individual water services including meters
to all lots in the subdivision. A dimensioned plan showing location of all
meters relative to the allotment boundaries, and its number(s), is to be
submitted. Note that tappings and services are not to be located under
existing or proposed driveways.
17.
The payment of New Customer Contributions for water for each additional
connection which includes any new lot on a plan of subdivision and/ or any
apartment, unit, or premises within the development that is or can be
separately metered for water supply.
18.
An additional tapping is to be supplied to service the proposed
development. Note that tappings and services are not to be located under
existing or proposed driveways.
19.
Barwon Water's records indicate that an existing water service and meter is
located on this property. A dimensioned plan showing the location of
existing meters, and the location of the meter relative to the existing
boundaries, and its number, is to be submitted. Private water service pipes
are not permitted to cross allotment boundaries and must be plugged and
abandoned at the boundaries of such allotments.
Sewer
20.
The provision of sewerage services to all lots in the subdivision. Individual
allotment house connection drains are to be provided for and extend into
each allotment. Note that if any common drain or drain from another
allotment crosses under a proposed dwelling, a "modification to consent" is
to be obtained from the Victorian Building Association and presented to
Barwon Water with the required drainage plan. It should be noted that the
property service sewer drain remains the responsibility of the property
owner(s).
21.
The payment of New Customer Contributions for sewer for each additional
connection which includes any new lot on a plan of subdivision and/ or any
apartment, unit, or premises within the development that is or can be
separately metered (for water supply).
22.
The provision of a separate sewer connection branch to all lots within the
subdivision. A list of certified/licensed plumbers can be provided upon
request.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
23.
Page 62
Any existing house connection branch that is to be utilised for additional
connections or altered to serve the development is to be CCTV inspected
with the report and/or video submitted to Barwon Water for condition
assessment. If it is deemed by Barwon Water that the house connection
branch is unsatisfactory for use, it is to be removed and replaced at the
developer's expense. If the branch is greater than 4.0 metres deep, a new
sewer manhole is to be constructed with the new house connection branch
connected to this structure. Any property connection branch no longer
required is to be decommissioned in accordance with Barwon Water's
"Property connection decommissioning process". Details of this process are
available on Barwon Water's website under the business -> property
connections section. Also, any existing house connection drain that
traverses through the proposed allotments shall be relocated so not to
inhibit future development.
Powercor Conditions
24.
The plan of subdivision submitted for certification under the Subdivision Act
1988 shall be referred to Powercor Australia Ltd in accordance with Section
8 of that Act.
25.
The applicant shall provide an electricity supply to all lots in the subdivision
in accordance with Powercor’s requirements and standards, including the
extension, augmentation or re-arrangement of any existing electricity supply
system, as required by Powercor.
26.
The applicant shall, where buildings or other installations exist on the land
to be subdivided and are connected to the electricity supply, they shall be
brought into compliance with the Service and Installation Rules issued by
the Victorian Electricity Supply Industry. You shall arrange compliance
through a Registered Electrical Contractor and provide to Powercor
Australia Ltd a completed Electrical Safety Certificate in accordance with
Electricity Safe Victoria’s Electrical Safety System.
27.
The applicant shall provide to Powercor Australia Ltd, a copy of the version
of the plan of subdivision submitted for certification, which shows any
amendments which have been required.
28.
Any Buildings must comply with the clearances required by the Electricity
Safety (Installations) Regulations.
29.
Any construction work must comply with Energy Safe Victoria’s “No Go
Zone” rules.
30.
Minimum clearance from exiting power pole to crossover is 1.0m. This must
be maintained for statement of compliance to be consented to for the
subdivision.
Downer Conditions
31.
The plan of subdivision submitted for certification must be referred to
AusNet (Gas) in accordance with Section 8 of the Subdivision Act 1988.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 63
VicRoads Conditions
32.
Prior to the issuing of Statement of Compliance the crossover and driveway
are to be constructed to the satisfaction of the Roads Corporation and the
Responsible Authority and at no cost to the Roads Corporation.
EXPIRY
Development
33. This permit as it relates to the development of buildings will expire if one of
the following circumstances applies:
a)
The development of the building(s) hereby approved has not
commenced within two (2) years of the date of this permit.
b)
The development of the building(s) hereby approved is not completed
within four (4) years of 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; or
a)
Within six (6) months after the permit expires where the use or
development has not yet started; or
b)
Within twelve (12) months after the permit expires, where the
development allowed by the permit has lawfully commenced before the
permit expiry.
Subdivision
34. This permit as it relates to subdivision will expire if one of the following
circumstances applies:
a)
The plan of subdivision has not been certified within two (2) years of
the date of this permit.
b)
A statement of compliance is not issued within five (5) years of the date
of certification.
The Responsible Authority may extend the period referred to under part a) if
a request is made in writing before the permit expires or within six (6)
months afterwards.
Notes:
1.
Construction of the site stormwater connection/s is to be inspected by
Council Representative at various stages. An appropriate fee equivalent to
3.25% of total cost of civil works, excluding GST (a minimum fee of $100
applies if the 3.25% amount is less than $100), is to be paid to Council for
inspection. Relevant evidential documentation of the cost is to be provided.
2.
All internal property drainage must be designed and constructed to satisfy
AS/NZS 3500.
3.
A Vehicle Crossing Permit must be obtained prior to commencement of
works.
4.
The developer is to apply to Barwon Water for details relating to costs and
conditions required for the provision of water supply and sewerage services
to the subdivision. It would be appreciated if all communication between the
developer/agent and Barwon Water quote Barwon Water reference number
L013048.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 64
Report
The Site & Locality
The subject site is located on the north side of Bridge Road approximately 50m east of
Golf Links Road. The site has a frontage of 16.15m and a depth of 44.2m with an overall
area of 713m². The site currently contains a single weatherboard dwelling.
The adjoining lots have similar dimensions to the subject site and predominately contain
single dwellings. Dwellings are constructed from a mix of weatherboard and brick with
both tiled and corrugated iron roofing. The adjoining dwellings are generally single
storey in scale.
There are some examples of further subdivision within the immediate area. These are
predominately two lot subdivisions and are located on corner allotments. There is a
three dwelling development to the north within Reid Street which has a similar layout to
the subject application with all lots accessed via a common property driveway.
The site is within close proximity to a primary school located on Golf Links Road. It is
also within walking distance, approx 300m, to the main street of Barwon Heads and is
within 500m of the Barwon River and public recreation. Public transport routes are
located along Bridge Road.
Bridge Road is a Road Zone Category 1 and the subject site and surrounds are within a
Residential Growth Zone – Schedule 3. The site is not covered by any overlays,
however is partially within an area of Cultural Heritage Sensitivity.
Proposal
The application proposes the construction of three dwellings and a three lot subdivision.
The existing dwelling on site will be demolished to allow for the construction of the three
new dwellings. Each dwelling will have differing internal floor plans however all will
contain three bedrooms.
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Date: 15 September 2016
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At ground floor each dwelling will contain a study, laundry, toilet and open plan kitchen,
living and meals area. All dwellings will have direct access from the living areas to north
facing private open space.
At first floor each dwelling will contain a retreat, bathroom, toilet and three bedrooms
including a master bedroom with walk in robe and en-suite.
The dwellings will be constructed from a mix of materials including brick, rendered brick,
hardies scyon cladding, corrugate iron and rendered polystyrene cladding. The dwelling
design included both flat and pitched roofing.
Dwelling 1 will be provided with a single attached garage and private access to Bridge
Road with a tandem car space located within the driveway. Dwelling 2 and 3 will be
provided with double garages and will be accessed via the common property.
The proposed subdivision will create three lots with a common property driveway
servicing lots 2 and 3. Each lot will contain a proposed dwelling and garaging.
Lot 1 will front Bridge Road and will have an overall area of 218m². Lot 2 will be located
in the middle of the site and will have an overall area of 168m² and lot 3 will be located
at the rear of the site and will have an overall area of 169m². The common property will
be located along the eastern boundary of the site and will have an overall area of
155.9m²
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Date: 15 September 2016
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Greater Geelong Planning Scheme
Definition and Nesting
Pursuant to Clause 74 of the Planning Scheme a dwelling is defined as:
A building used as a self-contained residence which must include:
a) a kitchen sink;
b) food preparation facilities
c) a bath or shower; and
d) a closet pan and wash basin.
It includes outbuildings and works normal to a dwelling.
Pursuant to Clause 75.01 of the Planning Scheme a dwelling is nested in the
Accommodation group.
Subdivision is not defined or nested in the Planning Scheme.
A lot is defined as a part (consisting of one or more pieces) of any land (except a road, a
reserve, or common property) shown on a plan, which can be disposed of separately
and includes a unit or accessory unit on a registered plan of strata subdivision and a lot
or accessory lot on a registered plan.
Subdivision is defined in the Subdivision Act 1988 as the division of land into two or
more parts which can be disposed of separately.
Restrictive Covenant
The site is not burdened by a restrictive covenant.
Cultural Heritage Management Plan (CHMP)
The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural
Heritage Management Plan is required for an activity or class of activity.
Part 2 - Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt
activities which do not require a Cultural Heritage Management Plan. The proposal is
listed as an exempt activity.
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Meeting No. 529
Date: 15 September 2016
Page 67
Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the
Aboriginal Heritage Regulations 2007. Part 2 - Division 3 identifies the site or part of the
site as within an area of cultural heritage sensitivity.
High impact activities are defined within Part 2 - Division 5 of the Aboriginal Heritage
Regulations 2007. Part 2 - Division 5 does not list the proposal as a high impact activity.
The site is not considered to have been the subject of significant ground disturbance
which is defined as ‘disturbance of (a) the topsoil or surface rock layer of the ground or
(b) a way - by machinery in the course of grading, excavating, digging, dredging or deep
ripping, but does not include ploughing other than deep ripping.
In accordance with the above assessment, a Cultural Heritage Management Plan is not
required.
COASTAL INUNDATION AND EROSION:
Clause 13.01-1 of the SPPF requires the Responsible Authority to consider the potential
coastal impacts of climate change.
Strategies include:
 In planning for possible sea level rise, an increase of 0.2 metres over current 1 in
100 year flood levels by 2040 may be used for new development in close proximity
to existing development (urban infill).
 Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined
effects of tides, storm surges, coastal processes and local conditions such as
topography and geology when assessing risks and coastal impacts associated with
climate change.
 Consider the risks associated with climate change in planning and management
decision making processes.
The subject site is located within close proximity of existing urban development.
Council’s data indicates that the site is unlikely to be affected by the potential coastal
impacts of climate change at 2040.
LANDFILL GAS RISK ASSESSMENT
Before deciding on a Planning Permit application, a Responsible Authority is required to
consider, amongst other things:
 Any significant effects the responsible authority considers the environment may have
on the use or development [S 60(1) of the PEA].
 Clause 13.01-1 of The State Planning Policy Framework which aims to ensure that
potentially contaminated land is suitable for its intended future use and development,
and that contaminated land is used safely.
The EPA has adopted the “Best Practice Environmental Management, Siting, Design
Operation and Rehabilitation of Landfills” (September 2010) or “Landfill BPEM.”.
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Date: 15 September 2016
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The Landfill BPEM identifies that:
 Risks associated with landfill gases may occur for at least 30 years post-closure.
 Appropriate buffer distances must be maintained between the landfill and sensitive
land uses. The BPEM recommends a 500 metre buffer for landfills that contained
putrescible waste and 200 metres for landfills that contained non-putrescible waste.
 Where the recommended buffers are unavailable, it must be demonstrated that risks
are suitably mitigated.
 All buildings and structures and associated infrastructure should be considered.
The BPEM specifies that development undertaken within a buffer distance of up to 500
metres may be at risk. As the subject site is not located within 500 metres of an
identified former landfill site, a risk assessment is not required.
Officer Direct Or Indirect Interest:
No Council officers have any direct or indirect interest in the matter to which this report
relates, in accordance with Section 80 (C) of the Local Government Act.
Car Parking
The car parking requirements of this application are considered under Clause 52.06 of
the Greater Geelong Planning Scheme.
A dwelling with three or more bedrooms is required to provide two car parking spaces.
The proposed dwellings have each been provided with two car parking spaces per
dwelling in the form of a double attached garage. The proposal is compliant with Clause
52.06.
Bicycle Spaces
Bicycle parking space requirements are considered under Clause 52.34 of the Greater
Geelong Planning Scheme.
No bicycle spaces are required to be provided for the construction of a dwelling in
accordance with Clause 52.34.
State Planning Policy Framework
Summary of relevant state policies
10.04 - Integrated Decision Making
Society has various needs and expectations such as land for settlement, protection of
the environment, economic well-being, various social needs, proper management of
resources and infrastructure. Planning aims to meet these by addressing aspects of
economic, environmental and social well-being affected by land use and development.
Planning authorities and responsible authorities should endeavour to integrate the range
of policies relevant to the issues to be determined and balance conflicting objectives in
favour of net community benefit and sustainable development for the benefit of present
and future generations.
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Consistent with the objectives of local government under the Local Government Act
1989, municipal planning authorities are required to identify the potential for regional
impacts in their decision-making and co-ordinate strategic planning with their neighbours
and other public bodies to achieve sustainable development and effective and efficient
use of resources.
11.05-5 - Coastal Settlement
Objective
To plan for sustainable coastal development.
Strategies
Support a network of diverse coastal settlements which provides for a broad range of
housing types, economic opportunities and services.
Encourage urban renewal and redevelopment opportunities within existing settlements
to reduce the demand for urban sprawl.
Identify a clear settlement boundary around coastal settlements to ensure that growth in
coastal areas is planned and coastal values protected. Where no settlement boundary is
identified, the extent of a settlement is defined by the extent of existing urban zoned land
and any land identified on a plan in the planning scheme for future urban settlement.
Direct residential and other urban development and infrastructure within defined
settlement boundaries of existing settlements that are capable of accommodating
growth.
Avoid linear urban sprawl along the coastal edge and ribbon development within rural
landscapes and protect areas between settlements for non-urban use.
Avoid development on ridgelines, primary coastal dune systems and low lying coastal
areas.
Encourage opportunities to restructure old and inappropriate subdivisions to reduce
development impacts on the environment.
Ensure a sustainable water supply, stormwater and sewerage treatment for all
development.
Minimise the quantity and enhance the quality of storm water discharge from new
development into the ocean, bays and estuaries.
11.07-1 – Planning for Growth
Objective
To optimise infrastructure and consolidate growth.
Strategies
Maximise capacity and leverage off existing infrastructure and services, particularly near
central retail and transport nodes.
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Support the role of Geelong as the regional city and Victoria’s second city.
Support the growth of Bannockburn, Colac, Drysdale/Clifton Springs, Lara, Leopold,
Ocean Grove and Torquay/Jan Juc as district towns by building on existing and planned
infrastructure and focussing growth along key road and rail networks.
Plan for Colac and Winchelsea as new targeted growth nodes.
Support the proposed national transport and logistics precinct and recognise greater
connection to the Werribee growth corridor and Melbourne.
Provide for long term growth options that build on existing infrastructure, including two
further investigation areas north and west of Geelong.
14.03-2 - Stone Resources
Objective
To identify and protect stone resources accessible to major markets and to provide a
consistent planning approval process for extraction in accordance with acceptable
environmental standards.
Strategies
Provide for the long term protection of stone resources in Victoria.
Planning schemes must:

Allow the use and development of land for search for stone without planning
approval, except for costeaning and bulk sampling activities.

Not prohibit extractive industry in non-urban zones, except if it is prohibited by an Act
of Parliament.
Provide buffer areas between existing extractive industries and sensitive land uses,
determined on the following principles:

The buffer areas are determined so that appropriate limits on effects can be met at
the sensitive locations using practical and readily available technology.

The required buffers are taken into consideration if a change of land use in the
vicinity of the extractive industry is proposed.

Land within the buffer areas may be used for purposes that are not adversely
affected by the extractive industry
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Date: 15 September 2016
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Provide buffer areas between new extractive industries and sensitive land uses,
determined on the following principles:

Clearly defined buffer areas appropriate to the nature of the proposed extractive
uses, which are to be owned or controlled by the proponent of an extractive industry,
are specified in an application for permit.

Performance standards for the buffer area are set in accordance with requirements
of the Mineral Resources (Sustainable Development)(Extractive Industries)
Regulations 2010 or a work authority or a permit and have regard to the zoning of
the land surrounding the extractive industry.

Activities within land zoned for public use may be taken into consideration in
determining the buffer areas.
15.01-3 - Neighbourhood and Subdivision Design
Objective
To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable,
diverse and sustainable neighbourhoods.
Strategy
In the development of new residential areas and in the redevelopment of existing areas,
subdivision should be designed to create liveable and sustainable communities by:

Contributing to an urban structure where networks of neighbourhoods are clustered
to support larger activity centres on the regional public transport network.

Creating compact neighbourhoods that have walkable distances between activities
and where neighbourhood centres provide access to services and facilities to meet
day to day needs.

Creating a range of open spaces to meet a variety of needs with links to open space
networks and regional parks where possible.

Providing a range of lot sizes to suit a variety of dwelling and household types to
meet the needs and aspirations of different groups of people.

Contributing to reducing car dependence by allowing for:
o
Convenient and safe public transport.
o
Safe and attractive spaces and networks for walking and cycling.
o
Subdivision layouts that allow easy movement within and between
neighbourhoods.
o
A convenient and safe road network.

Creating a strong sense of place because neighbourhood development emphasises
existing cultural heritage values, well designed and attractive built form, and
landscape character.

Protecting and enhancing native habitat.

Environmentally friendly development that includes improved energy efficiency,
water conservation, local management of stormwater and waste water treatment,
less waste and reduced air pollution.

Being accessible to people with disabilities.
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Meeting No. 529
Date: 15 September 2016

Page 72
Developing activity centres that integrate housing, employment, shopping, recreation
and community services, to provide a mix and level of activity that attracts people,
creates a safe environment, stimulates interaction and provides a lively community
focus.
15.01-5 - Cultural Identity and Neighbourhood Character
Objective
To recognise and protect cultural identity, neighbourhood character and sense of place.
Strategies
Ensure development responds and contributes to existing sense of place and cultural
identity.
Ensure development recognises distinctive urban forms and layout and their relationship
to landscape and vegetation.
Ensure development responds to its context and reinforces special characteristics of
local environment and place by emphasising:

The underlying natural landscape character.

The heritage values and built form that reflect community identity.

The values, needs and aspirations of the community.
15.02-1 - Energy and Resource Efficiency
Objective
To encourage land use and development that is consistent with the efficient use of
energy and the minimisation of greenhouse gas emissions.
Strategies
Ensure that buildings and subdivision design improves efficiency in energy use.
Promote consolidation of urban development and integration of land use and transport.
Improve efficiency in energy use through greater use of renewable energy.
Support low energy forms of transport such as walking and cycling.
16.01- 2 - Location of Residential Development
Objective
To locate new housing in or close to activity centres and employment corridors and at
other strategic redevelopment sites that offer good access to services and transport.
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Strategies
Increase the proportion of housing in Metropolitan Melbourne to be developed within the
established urban area, particularly at activity centres, employment corridors and at
other strategic sites, and reduce the share of new dwellings in greenfield and dispersed
development areas.
Encourage higher density housing development on sites that are well located in relation
to activity centres, employment corridors and public transport.
Ensure an adequate supply of redevelopment opportunities within the established urban
area to reduce the pressure for fringe development.
Facilitate residential development that is cost-effective in infrastructure provision and
use, energy efficient, incorporates water efficient design principles and encourages
public transport use.
Identify opportunities for increased residential densities to help consolidate urban areas.
16.01-4 - Housing Diversity
Objective
To provide for a range of housing types to meet increasingly diverse needs
Strategies
Ensure housing stock matches changing demand by widening housing choice,
particularly in the middle and outer suburbs.
Encourage the development of well-designed medium-density housing which:

Respects the neighbourhood character.

Improves housing choice.

Makes better use of existing infrastructure.

Improves energy efficiency of housing.
Support opportunities for a wide range of income groups to choose housing in wellserviced locations.
Ensure planning for growth areas provides for a mix of housing types and higher
housing densities in and around activity centres.
16.01-5 - Housing Affordability
Objective
To deliver more affordable housing closer to jobs, transport and services.
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Date: 15 September 2016
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Strategies
Improve housing affordability by:

Ensuring land supply continues to be sufficient to meet demand.

Increasing choice in housing type, tenure and cost to meet the needs of households
as they move through life cycle changes and to support diverse communities.

Promoting good housing and urban design to minimise negative environmental
impacts and keep down costs for residents and the wider community.

Encouraging a significant proportion of new development, including development at
activity centres and strategic redevelopment sites to be affordable for households on
low to moderate incomes.
Increase the supply of well-located affordable housing by:

Facilitating a mix of private, affordable and social housing in activity centres,
strategic redevelopment sites.

Ensuring the redevelopment and renewal of public housing stock better meets
community needs.
Local Planning Policy Framework
Municipal Strategic Statement
21.06-3 - Urban consolidation
The objective of Clause 21.06-3 of the Municipal Strategic Statement is to:



provide for the consolidation of existing urban areas in a managed way.
encourage an appropriate range of development densities.
improve accessibility to urban services.
Strategies



Manage urban consolidation and housing change across the municipality, by:
o Accommodating medium and high density housing in Key Development Areas
(as defined by the maps included in this clause).
o Maximising opportunities for housing within Increased Housing Diversity Areas
(as defined in Clause 22.63 Increased Housing Diversity Areas) by
accommodating;
 high density housing in the activity centres consistent with their primary
commercial and retail role; and
 medium density housing in residential areas with more intensive
development being located closest to the core of activity centres.
o Supporting appropriate medium density housing in the General Residential
Zone (Schedule 1) areas.
o Providing for incremental change in the General Residential Zone (Schedule 2)
areas.
o Limiting change in the Neighbourhood Residential Zone areas.
Encourage medium density housing in the Mixed Use Zone.
Require retirement accommodation to be located within urban areas, preferably
within close proximity to existing or proposed activity centres and public transport
facilities.
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21.14-2 - The Bellarine Peninsula
The objective of Clause 21.14-2 of the Municipal Strategic Statement is to:




protect and enhance the rural and coastal environment on the Bellarine Peninsula
and maintain non-urban breaks between settlements.
facilitate the development of Ocean Grove, Drysdale/Clifton Springs and Leopold as
hubs of development and service provision on the Bellarine Peninsula. In all other
townships on the Bellarine Peninsula provide retail, commercial and community
uses and facilities that serve the daily needs of the community and encourages
street based activity.
provide for sustainable industrial, commercial, retail, agricultural and tourism
development in designated locations, to service the wider Bellarine community.
preserve the individual character, identity and role of each Bellarine township.
Strategies






Ensure that development responds to the identity and character of the individual
township in which it is located.
Protect rural and coastal environments from inappropriate urban encroachment.
Ensure land use and development proceeds generally in accordance with the
relevant Structure Plan maps included in this Clause.
Ensure that development outside of settlement boundaries (as shown in the
Structure Plan maps included in this clause) does not compromise the rural,
environmental and landscape values of the non-urban breaks or longer term growth
opportunities.
Direct the bulk of residential growth and retail development to Ocean Grove,
Drysdale/Clifton Springs and Leopold consistent with the relevant Structure Plan
maps included in this clause.
Direct bulky goods retailing and industrial development to existing and future areas
as identified in Structure Plan maps included in this clause.
Barwon Heads:









Maintain a compact urban form and avoid outward sprawl.
Protect the unique character of Barwon Heads as a coastal village located within a
sensitive environment and significant landscape setting.
Ensure the Hitchcock Avenue shopping centre remains the focus of retail activity in
Barwon Heads.
Restrict new commercial development to the existing business and mixed use zones
in Hitchcock Avenue between Bridge Road and Ozone Road and the south side of
Bridge Road.
Ensure new housing development complements the character of Barwon Heads and
provides for a variety of housing sizes and types.
Support the continued development of 13th Beach
Support the continued development of 13th Beach Resort as a tourist destination.
Continue upgrading the Barwon Heads Village Park and foreshore reserves in
accordance with established master plans.
Support development of appropriate tourist accommodation around the Barwon
Heads town centre.
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Date: 15 September 2016
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Local Planning Policy
22.63 – Increased Housing Diversity Areas
The objective of Clause 22.63 of the Local Planning Policy Framework is to:







evolve the character of these areas through more intensive development.
ensure that the density, mass and scale of residential development is appropriate
to the location, role and character of the specific IHDA.
ensure development makes a positive architectural and urban design
contribution to the IHDA.
promote a diversity of housing types to cater to a variety of lifestyle needs.
promote walking trips and pedestrian safety within the IHDAs.
ensure that streetscape character in heritage areas is maintained.
encourage new development to provide a high level of on-site amenity for future
residents.
Referrals
Engineering
No objections to the proposal subject to conditions relation to drainage and access
construction being included on any planning permit issued.
Response:
Noted, recommended conditions will be included on any planning permit issued.
Servicing Authorities
The application was referred to the relevant servicing authorities who had no objection to
the proposal subject to conditions
Response:
Noted, recommended conditions will be included on any planning permit issued.
VicRoads
The application was referred to VicRoads due to the creation of access to a Road Zone.
VicRoads raised no objection to the proposal subject to conditions.
Response:
Noted, recommended conditions will be included on any planning permit issued.
AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION:
The applicant made a request to amend the application pursuant to Section 50 of the
Planning and Environment Act 1987 on 21st April 2016. Council accepted the
amendment. The amendment made the following changes to the application:
 Amend the rear setback and include creation of access to a road zone.
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PUBLIC NOTIFICATION:
The application is not exempt from the notice requirements of Section 52(1)(a), (b) and
(d), the decision requirements of Section 64(1), (2) and (3) and the review rights of
Section 82(1) of the Act and pursuant to Section 52 of the Planning and Environment
Act 1987 the following forms of advertising were undertaken:
 Notices were sent to owners and occupiers of adjoining land (including opposite)
 A3 sign(s) were placed on the land
6 Objections have been received in relation to the application.
AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION
The applicant made a request to amend the application following public notification
pursuant to Section 57A of the Planning and Environment Act 1987 on 13th July 2016
Council has accepted the amendment. The amendment made the following changes to
the application:
 Increased rear setback of dwelling 3
 Increased driveway area of dwelling 1.
These are the plans currently under assessment.
These plans were circulated to all objectors. It was not considered necessary to readvertise the application as the changes made were minor.
Objection
Invasion of privacy, overlooking from first floor to adjoining properties
Comment
A habitable room window, balcony, terrace, deck or patio should be located and
designed to avoid direct views into the secluded private open space of an existing
dwelling within a horizontal distance of 9 metres (measured at ground level) of the
window, balcony, terrace, deck or patio. Views should be measured within a 45 degree
angle from the plane of the window or perimeter of the balcony, terrace, deck or patio,
and from a height of 1.7 metres above floor level.
The design has ensured overlooking to adjoining properties is minimised through
obscure glazing and window placement.
Windows on the east elevation have sill heights of 1.7m or are located at a distance from
the boundary to ensure that boundary fencing obscures vision to adjoining habitable
room windows.
Windows on the west elevation are for an en-suite, a landing and bedroom. The en-suite
and landing windows overlook the roof of the adjoining dwelling and therefore do not
present any overlooking of habitable room windows or private open space.
The bedroom window has a setback of approximately 7.2m. The boundary fence has a
height of 2m and therefore overlooking is obscured and meets the standard outlined
above.
All north facing windows of dwelling 3 have obscured glazing to a height of 1.7m to
prevent overlooking to the adjoining properties.
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It is therefore considered that the development, through design details such as obscure
glazing to 1.7m, sill heights of 1.7m and window location, has insured that all windows
meet the overlooking standard.
Objection
Increase in traffic and on street car parking.
Comment
The application proposes two additional dwelling to what is existing on site. Each
dwelling will have three bedrooms and are provided with two car spaces. This meets the
standard in relation to the provision of car spaces.
Whilst it is acknowledged that the increase in density will result in additional traffic to the
area, it is not considered that the increase will result in any adverse amenity impacts.
The site is located along a Road Zone Category 1 which is capable of absorbing an
increase in traffic created by two additional dwellings.
The proposal will result in the loss of one on street car space given the creation of an
additional crossover. It is acknowledged that particularly during summer months that this
area of Bridge Road is used for on street car parking for those accessing the main
street. During school times this is also a busy area with school pick ups and drop offs.
However it is not considered that the addition of two dwellings will greatly exacerbate
this, particularly as the on site car parking requirement has been met.
Objection
Density of development is not in keeping with the character of the area.
Comment
The subject site is located within an Increased Housing Diversity Area as well as the
Residential Growth Zone. Therefore this type of dwelling density is encouraged. Whilst
the surrounding area consists of predominately single dwellings per lot, a three dwelling
development is not considered to be out of character within an established residential
area.
It is also expected that the character of areas within the Residential Growth Zone will
change over time.
It is therefore considered that the proposed development is appropriate for the area.
Objection
Not sustainable water due to the number of toilets.
Comment
The above is not a consideration of planning approval. It is considered however that
water saving measures can easily be undertaken by the developer to address this.
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Date: 15 September 2016
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Objection
Amenity impacts to 20 Bridge Road due to the loss of morning sun.
Comment
It is acknowledged that at present the dwelling at 20 Bridge Road currently enjoys
uninterrupted morning sun and that the development will result in the loss of this.
Clause 55.04-5 relates to Overshadowing of private open space. Standard B21 states:
Where sunlight to the secluded private open space of an existing dwelling is reduced, at
least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever
is the lesser area, of the secluded private open space should receive a minimum of five
hours of sunlight between 9 am and 3 pm on 22 September.
Shadow diagrams submitted with the application for the 22 September show that the
dwelling to the west (20 Bridge Road) is partially overshadowed.
However by 12pm the lot is no longer in shadow by the development.
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Date: 15 September 2016
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The development therefore meets the standards in relation to overshadowing as at least
75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the
lesser area, of the secluded private open space of all adjoining properties receive a
minimum of five hours of sunlight between 9 am and 3 pm on 22 September.
Objection
Safety impacts due to increase in crossovers to access site.
Comment
One additional crossover is provided for the site. The accessway providing access to
dwellings 2 and 3 allow for vehicles to enter and exit in a forward motion. Therefore
vision to and from the street is provided at all times and will not result in any
unreasonable safety impacts.
The access to dwelling 1 requires vehicles to reverse from the site. The application was
referred to VicRoads who raised no issues with this.
It is therefore considered that the proposed crossovers are appropriate and will not
result in any adverse impacts on safety.
Objection
Height of proposed development
Comment
The maximum height of the development is 7.4m. This is consistent with double storey
residential development. It also falls below the maximum height of 10.5m allowed under
the zone.
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Date: 15 September 2016
Page 81
Zone
The site is located within the Residential Growth Zone, the purpose of which is:
 To implement the State Planning Policy Framework and the Local Planning
Policy Framework, including the Municipal Strategic Statement and local
planning policies.
 To provide housing at increased densities in buildings up to and including four
storey buildings.
 To encourage a diversity of housing types in locations offering good access to
services and transport including activities areas.
 To encourage a scale of development that provides a transition between areas of
more intensive use and development and areas of restricted housing growth.
 To allow educational, recreational, religious, community and a limited range of
other non-residential uses to serve local community needs in appropriate
locations
The application proposes three dwellings on a lot that has good access to services,
transport and an activity centre. The site is within 300m of the main street of Barwon
Heads and is located along a public transport route. The development therefore provides
for an increase in housing diversity in an appropriate location as identified in the purpose
to the zone.
The site is located on the outer areas of the residential growth zone and is considered to
provide for a transition in scale with only an additional two dwellings proposed and at a
height of one storey more than the predominant single storey scale.
Schedule 3 to the Residential Growth Zone varies the following ResCode Standards:
Standard B6 – Street Setback the average distance of the setbacks of the front walls of
the existing buildings on the abutting allotments facing the front street or 5.5 metres,
whichever is the lesser
Standard B8 - Maximum site coverage 70%
Standard B28 - A dwelling or residential building should have private open space
consisting of:
 An area of 20 square metres of secluded private open space at the side or rear
of the dwelling or residential building with a minimum dimension of 3 metres and
convenient access from a living room; or
 A balcony of 8 square metres with a minimum width of 1.6 metres and
convenient access from a living room; or
 A roof-top area of 10 square metres with a minimum width of 2 metres and
convenient access from a living room.
As discussed in the ResCode Assessment below the application meets all the above
ResCode requirements as well as those not listed.
The maximum height of the dwellings is 7.4m This is less than the 10.5m allowed under
the zone.
State and Local Planning Policy Framework
The proposal has been considered against relevant State and Local Planning Policy
Framework as listed in this report, and is considered to satisfactorily respond to each of
these policies.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 82
The proposed development will provide for an increase in dwelling type and diversity in
an established residential area with good access to services.
The development is considered to be consistent with the character of the area and will
not have any adverse amenity impacts on adjoining properties. It will increase housing
choice and provide more affordable housing to suit the needs of a range of households.
Even though the character of the area is expected to change over time it is considered
that the development is respectful of the existing neighbourhood character in that it uses
similar construction materials and is not excessive in height. The development also has
an energy efficient design, with habitable rooms and private open space orientated to
receive good solar access. The area is serviced by all utilities and required
infrastructure, and will not create an overload to any of these services.
It is considered that the development complements the character of Barwon Heads and
provides for a variety of housing style and type.
The proposed density, scale and mass of the development is considered to be
appropriate for the location on the outer edges of the Increased Housing Diversity Area.
The development also provides for a diversity of housing type to cater for a variety of
lifestyle needs. The site is close to services and transport and therefore promotes
walking trips within the Increased Housing Diversity Area. It is also considered that the
development provides for a high level of on site amenity for future residents with north
facing secluded open space and living areas.
Particular Provisions
Clause 52.01– Public open space contribution
A person who proposes to subdivide land must make a contribution to the council for
public open space in an amount specified in the schedule to this clause (being a
percentage of the land intended to be used for residential, industrial or commercial
purposes, or a percentage of the site value of such land, or a combination of both). If no
amount is specified, a contribution for public open space may still be required under
Section 18 of the Subdivision Act 1988.
Pursuant to the schedule to Clause 52.01, the following contribution is required to be
made:
Creation of one additional lot
Creation of two to nine additional lots
None
1 percent per additional lot up to a
maximum of 5 percent
Creation of 10 or more lots on land zoned 5 percent
for residential purposes prior to August 31st
2007
Creation of 10 or more lots on land zoned 10 percent
for residential purposes after August 31st
2007
Waurn Ponds Creek Environs
10 percent
Pursuant to the above table a public open space contribution of two (2) percent is
required to be made. A condition is recommended for this requirement to be undertaken
prior to Statement of Compliance
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 83
52.06 – Car Parking
Clause 52.06 requires car parking for a dwelling to be provided as follows:


One space for each one or two bedroom dwelling.
Two spaces for each three or more bedroom dwelling.
Each dwelling contains three or more bedrooms and two car parking spaces have been
provided to each dwelling, in compliance with this provision of the Greater Geelong
Planning Scheme.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 84
Clause 55 - ResCode Assessment – Two or More Dwellings on a Lot
The development is required to be assessed against Clause 55 as set out below:
55.02-1
The proposed design must respect the existing or
preferred neighbourhood character and respond to
the features of the site..
 Complies
It is considered that the character of the area will
change over time due to the location of the site
within an Increased Housing Diversity Area.
However the development has drawn upon design
detail of adjoining dwellings through using similar
materials and by not having an excessive overall
height. Whilst the adjoining development is
predominately single storey and the proposal is
double storey, this is not considered to have an
adverse impact on the character of the area.
Residential policy objectives
Standard B2
 Complies
To ensure that residential development is
provided in accordance with any policy for
housing in the State Planning Policy
Framework and the Local Planning Policy
Framework,
including
the
Municipal
Strategic Statement and local planning
policies.
An application must be accompanied by a written
statement to the satisfaction of the responsible
authority that describes how the development is
consistent with any relevant policy for housing in
the State Planning Policy Framework and the
Local Planning Policy Framework, including the
Municipal Strategic Statement and local planning
policies.
As set out above, the application complies with the
planning policy framework. The required written
statement has been provided.
Neighbourhood character objectives
Standard B1
To ensure that the design respects the
existing
neighbourhood
character
or
contributes to a preferred neighbourhood
character.
The design response must be appropriate to the
neighbourhood and the site.
To ensure that the design responds to the
features of the site and the surrounding
area.
55.02-2
To support medium densities in areas where
development can take advantage of public
transport and community infrastructure and
services.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 85
55.02-3
Dwelling diversity objective
Standard B3
N/A
To encourage a range of dwelling sizes and
types in developments of ten or more
dwellings.
Developments of ten or more dwellings should
provide a range of dwelling sizes and types,
including:
Less than ten dwellings are proposed.
 Dwellings with a different number of bedrooms.
 At least one dwelling that contains a kitchen,
bath or shower, and a toilet and wash basin at
ground floor level.
55.02-4
Infrastructure objectives
Standard B4
 Complies
To ensure development is provided with
appropriate
utility
services
and
infrastructure.
Development should be connected to reticulated
services, including reticulated sewerage, drainage,
electricity and gas, if available.
To
ensure
development
does
not
unreasonably overload the capacity of utility
services and infrastructure.
Development should not unreasonably exceed the
capacity of utility services and infrastructure,
including reticulated services and roads.
The site is serviced by the required infrastructure
and the application has been referred to Council’s
Engineers who have not raised any concern about
the ability of the site to be drained. Recommended
conditions of permit cover off on this issue.
In areas where utility services or infrastructure
have little or no spare capacity, developments
should provide for the upgrading of or mitigation of
the impact on services or infrastructure.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 86
55.02-5
Integration with the street objectives
Standard B5
 Complies
To integrate the layout of development with
the street.
Developments should provide adequate vehicle
and pedestrian links that maintain or enhance local
accessibility.
The development is designed to address Bridge
Road, with pedestrian and vehicle links to the street
provided. There is no high front fencing proposed for
this development.
Development should be oriented to front existing
and proposed streets.
High fencing in front of dwellings should be
avoided if practicable.
Development next to existing public open space
should be laid out to complement the open space.
55.03-1
Street setback objective
Standard B6
 Complies
To ensure that the setbacks of buildings
from a street respect the existing or
preferred neighbourhood character and
make efficient use of the site.
Walls of buildings should be set back from streets
the distance specified in Table B1.
Schedule 3 to the Residential Growth Zone states
that street setbacks should be the average of the
setbacks of adjoining dwellings or 5.5m which ever
is the lesser.
Porches, pergolas and verandahs that are less
than 3.6 metres high and eaves may encroach not
more than 2.5 metres into the setbacks of this
standard.
The application proposes a street setback of 5.5m
which is in accordance with the variation descried in
schedule 3 to the Residential Growth Zone.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 87
55.03-2
Building height objectives
Standard B7
 Complies
To ensure that the height of buildings
respects
the
existing
or
preferred
neighbourhood character.
The maximum building height should not exceed
the maximum height specified in the zone,
schedule to the zone or an overlay that applies to
the land.
The dwellings are respectful of the character of the
area.
If no maximum height is specified in the zone,
schedule to the zone or an overlay, the maximum
building height should not exceed 9 metres, unless
the slope of the natural ground level at any cross
section wider than 8 metres of the site of the
building is 2.5 degrees or more, in which case the
maximum building height should not exceed 10
metres.
The dwellings are double storey in scale, the design
solution includes single storey elements in response
to the scale of the surrounding area. The maximum
height is 7.4m which is well under the 10.5m height
limit allowed under schedule 3 to the Residential
Growth Zone.
Changes of building height between existing
buildings and new buildings should be graduated.
55.03-3
Site coverage objective
Standard B8
 Complies
To encourage development that respects
the
landscape
character
of
the
neighbourhood.
The site area covered by buildings should not
exceed 60 per cent.
The site coverage of buildings is 52 percent of the
site, which is less than the 70% allowed by the
standard varied under schedule 3 to the Residential
Growth Zone.
To encourage the retention of significant
trees on the site.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 88
55.03-4
Permeability objectives
Standard B9
 Complies
To reduce the impact of increased
stormwater run-off on the drainage system.
At least 20 per cent of the site should not be covered by
impervious surfaces.
The site retains per 22 cent permeability,
assisting in on site stormwater filtration.
To facilitate on-site stormwater infiltration.
55.03-5
Standard B10
Energy efficiency objectives
Buildings should be:
 Complies
To achieve and protect energy efficient
dwellings and residential buildings.
 Oriented to make appropriate use of solar energy.
The dwellings are designed to take advantage
of solar energy and living rooms and areas of
secluded private open space located to
receive northern light.
To ensure the orientation and layout of
development reduce fossil fuel energy use
and make appropriate use of daylight and
solar energy.
 Sited and designed to ensure that the energy
efficiency of existing dwellings on adjoining lots is not
unreasonably reduced.
Living areas and private open space should be located
on the north side of the development, if practicable.
Developments should be designed so that solar access
to north-facing windows is maximised.
55.03-6
Standard B11
Open space objective
If any public or communal open space is provided on
site, it should:
To integrate the layout of development with
any public and communal open space
provided in or adjacent to the development.
 Be substantially
appropriate.
fronted
by
dwellings,
where
 Provide outlook for as many dwellings as practicable.
 Be designed to protect any natural features on the
site.
 Be accessible and useable.
N/A
There is no communal open space requiring
consideration.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 89
55.03-7
Safety objective
Standard B12
 Complies
To ensure the layout of development
provides for the safety and security of
residents and property.
Entrances to dwellings and residential buildings should not be
obscured or isolated from the street and internal accessways.
The development is designed to provide for
the safety and security of residents and
property. All dwelling entrances are clearly
visible from the street or internal
accessway and private spaces within the
development will be fenced.
Planting which creates unsafe spaces along streets and
accessways should be avoided.
Developments should be designed to provide good lighting,
visibility and surveillance of car parks and internal accessways.
Private spaces within developments should be protected from
inappropriate use as public thoroughfares.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 90
55.03-8
Landscaping objectives
Standard B13
 Complies
To encourage development that
respects the landscape character of the
neighbourhood.
The landscape layout and design should:
There are adequate areas available on site
to allow for planting which will complement
the landscape character of the area.
To encourage development that
maintains and enhances habitat for
plants and animals in locations of
habitat importance.
 Take into account the soil type and drainage patterns of the
site.
To provide appropriate landscaping.
To encourage the retention of mature
vegetation on the site.
 Protect any predominant
neighbourhood.
landscape
features
of
the
 Allow for intended vegetation growth and structural protection
of buildings.
 In locations of habitat importance, maintain existing habitat
and provide for new habitat for plants and animals.
 Provide a safe, attractive and functional environment for
residents.
Development should provide for the retention or planting of
trees, where these are part of the character of the
neighbourhood.
Development should provide for the replacement of any
significant trees that have been removed in the 12 months prior
to the application being made.
The landscape design should specify landscape themes,
vegetation (location and species), paving and lighting.
A recommended condition of permit
requires the submission of a detailed
landscape plan.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 91
55.03-9
Access objective
Standard B14
 Complies
To ensure the number and design of
vehicle
crossovers
respects
the
neighbourhood character.
The width of accessways or car spaces should not exceed:
The total width of the proposed crossovers
is 8m. The subject site has a frontage of
approximately. Therefore no more than
43% of the street frontage is taken up by
accessways.
 33 per cent of the street frontage, or
 if the width of the street frontage is less than 20 metres, 40
per cent of the street frontage.
No more than one single-width crossover should be provided for
each dwelling fronting a street.
The location of crossovers should maximise the retention of onstreet car parking spaces.
There are three dwellings proposed within
only two crossovers providing access to the
site.
The number of access points to a road in a Road Zone should
be minimised.
Developments must provide for access for service, emergency
and delivery vehicles.
55.03-10
Standard B15
Parking location objective
Car parking facilities should:
 Complies
To provide convenient parking for
resident and visitor vehicles.
 Be reasonably close and convenient to dwellings and
residential buildings.
To protect residents from vehicular
noise within developments.
 Be secure.
Convenient parking is provided for
residents. Each dwelling is provided with
private access.
 Be well ventilated if enclosed.
Large parking areas should be broken up with trees, buildings or
different surface treatments.
Shared accessways or car parks of other dwellings and
residential buildings should be located at least 1.5 metres from
the windows of habitable rooms. This setback may be reduced
to 1 metre where there is a fence at least 1.5 metres high or
where window sills are at least 1.4 metres above the accessway.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 92
55.04-1
Side and rear setbacks objective
Standard B17
 Complies
To ensure that 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.
A new building not on or within 200mm of a boundary should be
set back from side or rear
The required setbacks have been achieved
for the development and all side and rear
setbacks comply with the formula contained
in the standard.
boundaries:

At least the distance specified in a schedule to the zone, or

If no distance is specified in a schedule to the zone, 1
metre, plus 0.3 metres for every metre of height over 3.6
metres up to 6.9 metres, plus 1 metre for every metre of
height over 6.9 metres.
Sunblinds, verandahs, porches, eaves, fascias, gutters,
masonry chimneys, flues, pipes, domestic fuel or water tanks,
and heating or cooling equipment or other services may
encroach not more than 0.5 metres into the setbacks of this
standard.
Landings having an area of not more than 2 square metres and
less than 1 metre high, stairways, ramps, pergolas, shade sails
and carports may encroach into the setbacks of this standard.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 93
55.04-2
Walls on boundaries objective
Standard B18
 Complies
To ensure that 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.
A new wall constructed on or within 200mm of a side or rear
boundary of a lot or a carport constructed on or within 1 metre of
a side or rear boundary of lot should not abut the boundary:
The requirements of the standard have
been achieved.

For a length of more than the distance specified in a
schedule to the zone; or

If no distance is specified in a schedule to the zone, for a
length of more than:
o 10 metres plus 25 per cent of the remaining length of the
boundary of an adjoining lot, or
o Where there are existing or simultaneously constructed
walls or carports abutting the boundary on an abutting
lot, the length of the existing or simultaneously
constructed walls or carports,
whichever is the greater.
A new wall or carport may fully abut a side or rear boundary
where slope and retaining walls or fences would result in the
effective height of the wall or carport being less than 2 metres on
the abutting property boundary.
A building on a boundary includes a building set back up to
200mm from a boundary.
The height of a new wall constructed on or within 200mm of a
side or rear boundary or a carport constructed on or within 1
metre of a side or rear boundary should not exceed an average
of 3.2 metres with no part higher than 3.6 metres unless abutting
a higher existing or simultaneously constructed wall.
The maximum wall length on the western
boundary is 17.36 metres and it has a
maximum height of 3.2 metres
The maximum wall length on the eastern
boundary is 6.47 metres and it has a
maximum height of 3.2 metres.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 94
55.04-3
Daylight to windows objective
Standard B19
 Complies
To allow adequate daylight into existing
habitable room windows.
Buildings opposite an existing habitable room window should
provide for a light court to the existing window that has a
minimum area of 3 square metres and minimum dimension of 1
metre clear to the sky. The calculation of the area may include
land on the abutting lot.
The required light courts have been
achieved and all windows have access to
the required level of daylight.
Walls or carports more than 3 metres in height opposite an
existing habitable room window should be set back from the
window at least 50 per cent of the height of the new wall if the
wall is within a 55 degree arc from the centre of the existing
window. The arc may be swung to within 35 degrees of the
plane of the wall containing the existing window.
Where the existing window is above ground floor level, the wall
height is measured from the floor level of the room containing
the window.
55.04-4
North facing windows objective
Standard B20
N/A
To allow adequate solar access to
existing north-facing habitable room
windows.
If a north-facing habitable room window of an existing dwelling is
within 3 metres of a boundary on an abutting lot, a building
should be setback from the boundary 1 metre, plus 0.6 metres
for every metre of height over 3.6 metres up to 6.9 metres, plus
1 metre for every metre of height over 6.9 metres, for a distance
of 3 metres from the edge of each side of the window. A northfacing window is a window with an axis perpendicular to its
surface oriented north 20 degrees west to north 30 degrees
east.
There are no north facing windows on
abutting
allotments
which
require
consideration due to the north facing
windows not being within 3m of the
boundary.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 95
55.04-5
Overshadowing
objective
open
space
To ensure buildings do not significantly
overshadow existing secluded private
open space.
Standard B21
 Complies
Where sunlight to the secluded private open space of an existing
dwelling is reduced, at least 75 per cent, or 40 square metres
with minimum dimension of 3 metres, whichever is the lesser
area, of the secluded private open space should receive a
minimum of five hours of sunlight between 9 am and 3 pm on 22
September.
The level of overshadowing associated with
the development is within the requirements
of the standard.
If existing sunlight to the secluded private open space of an
existing dwelling is less than the requirements of this standard,
the amount of sunlight should not be further reduced.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 96
55.04-6
Standard B22
Overlooking objective
A habitable room window, balcony, terrace, deck or patio should be located and
designed to avoid direct views into the secluded private open space of an existing
dwelling within a horizontal distance of 9 metres (measured at ground level) of the
window, balcony, terrace, deck or patio. Views should be measured within a 45
degree angle from the plane of the window or perimeter of the balcony, terrace, deck
or patio, and from a height of 1.7 metres above floor level.
To limit views into existing
secluded private open
space and habitable room
windows.
A habitable room window, balcony, terrace, deck or patio with a direct view into a
habitable room window of existing dwelling within a horizontal distance of 9 metres
(measured at ground level) of the window, balcony, terrace, deck or patio should be
either:
 Offset a minimum of 1.5 metres from the edge of one window to the edge of the
other.
 Have sill heights of at least 1.7 metres above floor level.
 Have fixed, obscure glazing in any part of the window below 1.7 metre above floor
level.
 Have permanently fixed external screens to at least 1.7 metres above floor level
and be no more than 25 per cent transparent.
Obscure glazing in any part of the window below 1.7 metres above floor level may be
openable provided that there are no direct views as specified in this standard.
Screens used to obscure a view should be:
 Perforated panels or trellis with a maximum of 25 per cent openings or solid
translucent panels.
 Permanent, fixed and durable.
 Designed and coloured to blend in with the development.
This standard does not apply to a new habitable room window, balcony, terrace, deck
or patio which faces a property boundary where there is a visual barrier at least 1.8
metres high and the floor level of the habitable room, balcony, terrace, deck or patio is
less than 0.8 metres above ground level at the boundary.
 Complies
The development is designed to
meet the requirements of the
standard and therefore views into
existing secluded private open
space areas and habitable room
windows have been limited.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 97
55.04-7
Internal views objective
Standard B23
 Complies
To limit views into the secluded private
open space and habitable room
windows of dwellings and residential
buildings within a development.
Windows and balconies should be designed to prevent
overlooking of more than 50 per cent of the secluded private
open space of a lower-level dwelling or residential building
directly below and within the same development.
Internal views have been considered in the
design solution and there is no internal
overlooking.
Noise impacts objective
Standard B24
N/A
To
contain
noise
sources
in
developments that may affect existing
dwellings.
Noise sources, such as mechanical plant, should not be
located near bedrooms of immediately adjacent existing
dwellings.
There are no external noise sources which
require consideration.
To protect residents from external
noise.
Noise sensitive rooms and secluded private open spaces of
new dwellings and residential buildings should take account
of noise sources on immediately adjacent properties.
55.04-8
Dwellings and residential buildings close to busy roads,
railway lines or industry should be designed to limit noise
levels in habitable rooms.
55.05-1
Accessibility objective
Standard B25
 Complies
To encourage the consideration of the
needs of people with limited mobility in
the design of developments.
The dwelling entries of the ground floor of dwellings and
residential buildings should be accessible or able to be easily
made accessible to people with limited mobility.
The entries to the ground floor of the dwellings
are accessible to those with limited mobility.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 98
55.05-2
Dwelling entry objective
Standard B26
 Complies
To provide each dwelling or residential
building with its own sense of identity.
Entries to dwellings and residential buildings should:
All dwelling entries are clearly visible and
identifiable from the street providing for a
sense of identity for each dwelling. A
transitional space is provided at each dwelling
entry.
 Be visible and easily identifiable from streets and other
public areas.
 Provide shelter, a sense of personal address and a
transitional space around the entry.
55.05-3
Daylight to new windows objective
Standard B27
 Complies
To allow adequate daylight into new
habitable room windows.
A window in a habitable room should be located to face:
All habitable room windows face an outdoor
space of the required dimensions, allowing
light into habitable rooms.
 An outdoor space clear to the sky or a light court with a
minimum area of 3 square metres and minimum
dimension of 1 metre clear to the sky, not including land
on an abutting lot, or
 A verandah provided it is open for at least one third of its
perimeter, or
 A carport provided it has two or more open sides and is
open for at least one third of its perimeter.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 99
55.05-4
Private open space objective
B28
 Complies
To provide adequate private open
space for the reasonable recreation and
service needs of residents.
A dwelling or residential building should have private open
space of an area and dimensions specified in the schedule to
the zone.
The proposed development has provided the
minimum 20 square metres of secluded
private open space with a minimum dimension
of 3 metres for each dwelling and is therefore
in accordance with the standard.
If no area or dimensions are specified in the schedule to the
zone, a dwelling or residential
building should have private open space consisting of:
 An area of 40 square metres, with one part of the private
open space to consist of secluded private open space at
the side or rear of the dwelling or residential building with
a minimum area of 25 square metres, a minimum
dimension of 3 metres and convenient access from a
living room, or
 A balcony of 8 square metres with a minimum width of 1.6
metres and convenient access from a living room, or
 A roof-top area of 10 square metres with a minimum width
of 2 metres and convenient access from a living room.
Clause 55.05-5
Solar Access to Open Space
Standard B29
 Complies
To allow solar access into the secluded
private open space of new dwellings
and residential buildings.
The private open space should be located on the north side
of the dwelling or residential building, if appropriate.
The proposed secluded private open space
receives adequate solar access and complies
with the setback requirement of the standard.
The southern boundary of secluded private open space
should be set back from any wall on the north of the space at
least (2+0.9h) metres, where ‘h’ is the height of the wall.
.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 100
Clause 55.05-6
Storage
Standard B30
 Complies
To provide adequate storage facilities
for each dwelling.
Each dwelling should have convenient access to at least 6
cubic metres of externally accessible, secure storage space.
The appropriate storage areas have been
provided in accordance with the standard.
Clause 55.06-1
Standard B31
Design Detail
The design of buildings, including:
 Complies
To encourage design detail that
respects the existing or preferred
neighbourhood character.
 Façade articulation and detailing,
The proposed development is considered to
respect the preferred neighbourhood through
the appropriate use and design of façade
articulation & detailing, window and door
proportions, roof form and verandahs, eaves
and parapets.
 Window and door proportions,
 Roof form, and
 Verandahs, eaves and parapets,
should respect the existing or preferred neighbourhood
character.
Garages and carports should be visually compatible with the
development and the existing or preferred neighbourhood
character.
Clause 55.06-2
Standard B32
Front Fences
The design of front fences should complement the design of
the dwelling or residential building and any front fences on
adjoining properties.
To encourage front fence design that
respects the existing or preferred
neighbourhood character.
A front fence within 3 metres of a street should not exceed:
 Streets in a Road Zone, Category 1: 2 metres.
 Other streets: 1.5 metres.
The garage is considered to be visually
compatible with the development and
neighbourhood character.
N/A
No front fence is proposed.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 101
Clause 55.06-3
B33
 Complies
Common Property
Development should clearly delineate public, communal and
private areas.
The proposed common property provides
access to dwellings 2 and 3. It is capable of
efficient management.
To ensure that communal open space,
car parking, access areas and site
facilities are practical, attractive and
easily maintained.
Common property, where provided, should be functional and
capable of efficient management.
To avoid future management difficulties
in areas of common ownership.
Clause 55.06-4
B34
 Complies
Site Services
The design and layout of dwellings and residential buildings
should provide sufficient space (including easements where
required) and facilities for services to be installed and
maintained efficiently and economically.
The dwelling layout and design provides for
sufficient space and facilities for services to be
installed and maintained. Bin and recycling
enclosures, mailboxes and other site facilities
have been provided adequately and will blend
in with the development. The site facilities
including mailboxes, bin and recycling
enclosures and mailboxes have been provided
and located for convenient access.
To ensure that site services can be
installed and easily maintained.
To ensure that site facilities are
accessible, adequate and attractive.
Bin and recycling enclosures, mailboxes and other site
facilities should be adequate in size, durable, waterproof and
blend in with the development.
Bin and recycling enclosures should be located for
convenient access by residents.
Mailboxes should be provided and located for convenient
access as required by Australia Post.
Development Hearings Panel
Meeting No. 529
Date: 15 September 2016
Page 102
Clause 56 – Subdivision
This is an application to subdivide the dwellings such that the dwellings will exist on
separate titles. In this case there is no need to assess the application against the
provisions of Clause 56 as issues in relation to amenity, both on and off site, have been
considered via the Clause 55 assessment, as has neighbourhood character. A condition
of permit ties the subdivision and development via a Section 173 Agreement so that an
orderly planning outcome is achieved.
Legislative Issues
The Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are
the relevant documents under which Council must consider this application.
Conclusion
An assessment has been undertaken against the purpose of the zone, the relevant State
and Local Planning Policies and Particular Provisions. The development is found to be
consistent with the relevant State and Local Planning Policy and to generally comply
with the relevant standards and objectives of ResCode.
The site is located within an Increased Housing Diversity Area and a Residential Growth
Zone. The density and scale of the development proposed is considered to be
consistent with the purpose and objectives of these policies.
Therefore the Responsible Authority having considered all matters which the Planning
and Environment Act 1987, requires it to consider decides to grant a Notice of Decision
for the Construction of Three (3) Dwellings and a Three (3) Lot Subdivision at 18 Bridge
Road, Barwon Heads in accordance with the plans and documentation submitted with
the application and subject to conditions.
Report prepared by Erin Jones