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Council Meeting, 31 October 2017 Section 1.5 – Page 1 2315-2319 Dandenong Road, Mulgrave - Construction Of Fifty Four (54) Two And Three Storey Dwellings 1.5 2315-2319 DANDENONG ROAD, MULGRAVE CONSTRUCTION OF FIFTY FOUR (54) TWO AND THREE STOREY DWELLINGS (TPA/47346) EXECUTIVE SUMMARY : This application proposes to develop the site for 54 dwellings comprising two and three storey dwellings in an attached form. An appeal has been lodged with the Victorian Civil and Administrative Tribunal (VCAT) against Council’s failure to determine the application within the prescribed time. Council is unable to determine the application but must form a position on the application. The application was subject to public notification. Forty-nine (49) objections to the proposal have been received. Key issues to be considered relate to density of the development, neighbourhood character, car parking design, vehicle manoeuvrability within the site, and reliance on local streets for access. This report assesses the proposal against the provisions of the Monash Planning Scheme including the relevant state and local planning policy framework, Clause 55, consideration against adopted Amendment C125 and issues raised by objectors. The reason for presenting this report to Council is the proposed development cost of $13 million. The proposal is considered inconsistent with the relevant provisions of the Monash Planning Scheme and it is recommended that the application should not be supported. RESPONSIBLE DIRECTOR: Peter Panagakos RESPONSIBLE MANAGER: Angela Hughes RESPONSIBLE PLANNER: Sue Monagle WARD: Mulgrave PROPERTY ADDRESS: 2315-2319 Dandenong Road Mulgrave PRE-APPLICATION MEETING: No NUMBER OF OBJECTIONS: Forty-nine (49) ZONING: General Residential Zone 2 (GRZ2)
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1.5 2315-2319 DANDENONG ROAD, MULGRAVE CONSTRUCTION … · 31.10.2017  · 2315-2319 Dandenong Road, Mulgrave - Construction Of Fifty Four (54) Two And Three Storey Dwellings 1.5

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Page 1: 1.5 2315-2319 DANDENONG ROAD, MULGRAVE CONSTRUCTION … · 31.10.2017  · 2315-2319 Dandenong Road, Mulgrave - Construction Of Fifty Four (54) Two And Three Storey Dwellings 1.5

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1.5 2315-2319 DANDENONG ROAD, MULGRAVE CONSTRUCTION OF FIFTY FOUR (54) TWO AND THREE STOREY DWELLINGS (TPA/47346)

EXECUTIVE SUMMARY:

This application proposes to develop the site for 54 dwellings comprising two and three storey dwellings in an attached form. An appeal has been lodged with the Victorian Civil and Administrative Tribunal (VCAT) against Council’s failure to determine the application within the prescribed time. Council is unable to determine the application but must form a position on the application. The application was subject to public notification. Forty-nine (49) objections to the proposal have been received. Key issues to be considered relate to density of the development, neighbourhood character, car parking design, vehicle manoeuvrability within the site, and reliance on local streets for access. This report assesses the proposal against the provisions of the Monash Planning Scheme including the relevant state and local planning policy framework, Clause 55, consideration against adopted Amendment C125 and issues raised by objectors. The reason for presenting this report to Council is the proposed development cost of $13 million. The proposal is considered inconsistent with the relevant provisions of the Monash Planning Scheme and it is recommended that the application should not be supported. RESPONSIBLE DIRECTOR: Peter Panagakos

RESPONSIBLE MANAGER: Angela Hughes

RESPONSIBLE PLANNER: Sue Monagle

WARD: Mulgrave

PROPERTY ADDRESS: 2315-2319 Dandenong Road Mulgrave

PRE-APPLICATION MEETING: No

NUMBER OF OBJECTIONS: Forty-nine (49)

ZONING: General Residential Zone 2 (GRZ2)

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OVERLAY: Special Building Overlay (SBO)

EXISTING LAND USE: Funeral parlour

AMENDMENT C125 (adopted) General Residential Zone 3 (GRZ3)

RELEVANT CLAUSES: State Planning Policy Framework Clause 10.01 (Purpose) Clause 10.02 (Goal) Clause 10.04 (Integrated Decision Making) Clause 11 (Settlement) Clause 11.04 (Metropolitan Melbourne) Clause 14.02-1 (Catchment Planning and Management) Clause 15 (Built Environment and Heritage) Clause 16 (Housing) Clause 16.01-2 (Location of Residential Development) Clause 16.01-4 (Housing Diversity)

Local Planning Policy Framework Clause 21 (Municipal Strategic Statement) Clause 21.04 (Residential Development) Clause 21.08 (Transport and Traffic) Clause 22.01 (Residential Development and Character Policy) Clause 22.04 (Stormwater Management Policy)

Clause 52.06 (Car Parking) Particular Provisions

Clause 52.29 (Land Adjacent to a Road Zone, Category 1)

STATUTORY PROCESSING DATE: 21 May 2017

DEVELOPMENT COST: $13 million

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LOCALITY PLAN

NEIGHBOURHOOD PLAN

SUBJECT SITE

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RECOMMENDATION:

That if Council were in a position to determine the matter, it resolves to issue a Notice of Decision to Refuse to Grant a Planning Permit (TPA/47346) for the construction of fifty four (54) dwellings comprising a mix of two and three storeys, and to alter access to a road in a Road Zone (Category 1), at 2315-2319 Dandenong Road, Mulgrave subject to the following grounds:

1. The proposed built form and scale of buildings is excessive

2. The amount of tandem car parking proposed is not convenient and not consistent with parking standards of the Monash Planning Scheme.

3. The proposal will result in unreasonable dominance and bulk when viewed from the adjoining residential properties.

4. The proposal will dominate the streetscapes due to inappropriate front setback distances.

5. The proposal is contrary to the preferred neighbourhood character.

6. The proposal to remove all trees is not consistent with the objectives and policy statements of Clause 22.05- Tree Conservation Policy

7. The proposal is an overdevelopment of the site.

BACKGROUND:

History A number of permits have been issued in association with the funeral parlour use. The use of the site as a funeral parlour was originally approved under permit 48166 issued on 16 January 1968, with a number of permits for alterations and extensions approved over the years. The Site and Surrounds The subject site is located on the northeast corner of Springvale Road and Dandenong Road, and is bounded by Lebanon Crescent to the east, and residential development to the north and south-east. The property has a site area of approximately 9,248 square metres, with a 107.91 metre frontage to Springvale Road and a 90.83 metre frontage to Dandenong Road. The site currently contains a single storey funeral parlour surrounded by car parking and landscaping. Vehicular access to and from the site is provided only from both Springvale Road and Dandenong Road. Generally, the surrounding land to the north and east is residential, with commercial activities fronting the main roads. Features of adjoining sites are as follows.

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North: Being one of two direct residential abuttals, the site abuts a single storey dwelling fronting Lebanon Crescent. Further to the north are residential dwellings predominantly single storey in scale and some containing two dwellings. A public open space reserved for Local Government use sits between the rear of properties on the west side of Lebanon Crescent and Springvale Road.

East: Immediately to the east is the road reserve of Lebanon Crescent, and

single storey dwellings. No. 59 Lebanon Crescent comprises seven single storey units of which five dwellings abut the site and have their secluded open space oriented to the west. The dwellings are accessed from a driveway at the bend in Lebanon Crescent. Lebanon Crescent provides one lane of traffic in each direction with on-street parallel parking available on both sides.

South: To the south is the intersection of Dandenong Road (Princes Highway), Springvale Road, Centre Road and Police Road. On the southern side of Dandenong Road and Police Road is mixed use and commercially zoned land, with uses predominately consisting of retail, restaurant and commercial operations.

West: Immediately west is Springvale Road. It is a Category 1 Road

accommodating 3 lanes of traffic in each direction separated by a central landscaped median, widening to 5 lanes in the south bound lanes at the intersection. A ‘V’ shaped landscaped verge extends along the west frontage, tapering from a maximum width of approximately 25 metres at the north. This area acts as a naturestrip containing a footpath adjacent to the road and access to a bus stop north of the site. It also contains some mature trees and an open drain.

To the west of Springvale Road there are a mix of both residential and commercial uses, including a strip shopping centre.

An aerial photograph of the subject site and surrounding land can be found attached to this report (Attachment 2).

PROPOSAL:

It is proposed to demolish all existing buildings and remove all vegetation to develop the site for 54 dwellings, comprising two and three storey townhouses. The three storey townhouses are presented in three blocks located in the south west corner with the majority fronting Dandenong Road. Access to and from the site is only from Lebanon Crescent. A left turn exit is also provided directly to Springvale Road. All access to Dandenong Road is to be removed. The key features of the proposal are as follows:

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• 30 two bedroom townhouses each with a single garage

• 24 three bedroom townhouses each with two tandem car spaces in a garage

• A mix of dwelling configurations. Those towards Lebanon Crescent are more traditional with living at ground level and bedrooms above; while those fronting Springvale Road and Dandenong Road have a bedroom fronting the main road at ground level, living areas at first floor, and bedrooms on the top floor of the three storey dwellings.

• A new footpath is proposed to the Springvale Road frontage which is to then provide access to the front entry to 19 townhouses. Direct entry is also prosed to the 12 dwellings fronting Dandenong Road. All other dwellings will be accessed from within the site.

• Private open space in the form of courtyards or balconies.

• 10 visitor car spaces located throughout the site

• Pedestrian path through the site connecting Springvale Road to Lebanon Crescent

• Common open spaces areas are proposed in the middle of the site and the southern portion.

Attachment 1 details plans forming part of the application.

PERMIT TRIGGERS:

The proposal requires a planning permit under the following clauses of the Monash Planning Scheme. • Clause 32.08-4 – to construct two or more dwellings on a lot within a

General Residential Zone. • Clause 44.05 – to construct a building or construct a fence and roadworks

within the Special Building Overlay (SBO) • Clause 52.29 - Alter access to a road in a Road Zone, Category 1. Attachment 3 details the zoning and overlays applicable to the subject site and surrounding land.

Amendment C125 And VC110

Amendment C125 was adopted by Council on 28 February 2017. The amendment proposes to include the site within the General Residential Zone Schedule 3. The new zone would include specific changes to several ResCode standards. These include a reduction in the building site coverage from 60% to 50%, an increase in permeable area from 20% to 30%, a rear setback of 5 metres and 35 square metres of private secluded open space clear of structures and services.

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The proposal does not meet the new zone provisions in terms of:- • 35 square metres of secluded open space clear of structures and services.

Services are provided within the secluded private open space of all dwellings provided with ground level open space, and services are located on all balconies, i.e. clothes lines.

• Balconies may be provided to apartments. Balconies are relied upon as the primary open space for 40 of the dwellings.

Further to this, the Minister for Planning introduced revised residential zones to all planning schemes throughout Victoria on 30 March 2017 (Amendment VC110). Transitional arrangements provide that the new controls do not apply to planning permit applications lodged before 27 March 2017. This application was received 22 March 2017.

CONSULTATION:

Further information was requested of the Permit Applicant on 26 April 2017. The Permit Applicant responded to this letter on 9 June by providing the requested information. The Applicant was verbally advised that this application was coming to the October Council meeting, in addition to a letter that was sent to the Applicant formally informing them of the details of the Council meeting. The Applicant has been verbally advised that in its current form the application would not be supported by planning officers Public Notice The application was advertised in accordance with section 52 of the Planning and Environment Act 1987 with notices sent to the surrounding property owners/occupiers, and signs displayed on both the Springvale and Dandenong road frontages of the site. Forty nine (49) objections received for the application raised the following concerns:

• Significant increase to traffic in quiet area and local streets

• Only access via Lebanon Crescent will create unreasonable traffic and hazard

• Concerned with safety of access being on a corner in Lebanon Crescent

• Access to Lebanon Cres is via Wattle Grove which is heavily used by people attending the church on the corner of Police Road

• Loss of trees

• Too many dwellings; an overdevelopment

• Loss of amenity, peace and enjoyment

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• Proposed form of housing is departure from the existing neighbourhood character

Public information session A public information session was held on Thursday 5 October 2017 between 6pm and 8pm at the Wheelers Hill Library meeting room. Council officers were in attendance to answer questions residents had about the proposal. The meeting was attended by approximately 15 local residents. Attachment 4 details the location of objector properties. Referrals Internal referrals

Traffic Engineers

The application has been referred to Council’s Traffic Engineers who have provided the following comments. Access

• Vehicle entry via only a local access street at the rear of the site is not supported. The site address suggests to visitors that access would be via the arterial roads and there is concern vehicles will attempt to enter the site via the exit only on Springvale Road.

Development Layout

• Vehicle turning movements in the northern section of the site are not satisfactory.

• The proposed number of tandem garages may result in residents choosing instead to park within the visitor parking spaces. This is not acceptable.

• Tandem garages are currently proposed at a length of 11 metres. Tandem garages are to be a minimum of 11.4 metres long.

Waste Collection

• Waste vehicle movements throughout the site are not satisfactory. • Insufficient space to place bins for waste collection within the site.

Paths

• The provision of a duplicate footpath within the road reserve along the western edge of the site is not supported as it is unlikely to be used by the general public and will create an additional maintenance for Council.

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Drainage Engineers The application was referred to Council’s drainage engineers who have provided a set of suggested conditions if a permit were to issue. Of note are conditions requiring the creation of a drainage easement in the north west corner; increased finished floor levels for dwellings due to overland flow and retention of flow paths through the site.

External referrals

VicRoads The application was referred to VicRoads for comment. VicRoads initially objected to the proposal however the applicant has responded to their concerns. VicRoads advises that they are satisfied with the overall development however there are a number of issues that need to be addressed and amended plans would need to be submitted to respond to these issues. VicRoads provided a number of conditions and notes which they require be included if a planning permit were to issue for this development. Melbourne Water The application was referred to Melbourne Water for comment as a section to the north west of the site is affected by the SBO. Melbourne Water advised that the finished floor levels meets their requirements, and provided a number of conditions and notes which they require be included if a planning permit were to issue for this development.

DISCUSSION:

Consistency with State and Local Planning Policies The Garden City Character of the municipality is identified under Clause 21 of the Municipal Strategic Statement as a core value held by the community and Council. Garden City Character Policy objectives are significant and important considerations in all land use and development decisions. Clause 21.04 (Residential Development Policy) seeks to balance residential development within the city by providing a variety of housing styles whilst remaining sympathetic to existing neighbourhood character. Council’s Residential Development and Character Policy (Clause 22.01) aims to ensure that new development is successfully integrated into existing residential environments with minimal streetscape or amenity impact and to achieve outcomes that enhance the Garden City Character of the area. In accordance with Clause 22.01, the subject site is located within the Residential Character Type ‘B’ area under the Monash Urban Character Study. Elements that contribute to this character include; • Flat topography.

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• Grid subdivision pattern. • Consistent building setback. • Common functional architectural style, variety in materials and finish. • Multiple housing developments closer to commercial centres and collector

roads. • Well-planted front gardens. • Low fences and walls. • Varied mature street trees. The desired future character statement for Area ‘B’ envisages that the area will, as it develops, retain its modest and unassuming character by ensuring that multi housing developments are appropriate in scale and form to existing dwellings. The built-form will be unified by a general consistency in building setback and complement the scale and form of adjacent buildings. New dwellings will address the street and be single storey unless there is a gradated change in height or on-site trees and large shrubs to soften the transition between buildings. It is considered that the subject site does not have a typical context being sited at a significantly large intersection of multiple major roads as well as having frontage to local streets and abuttal to low scale residential development. The design does not respond to its varied context consistent with the Monash Character Policy. The size of the site lends itself to the opportunity to accommodate separate design approaches to respect the different characteristics presented by Lebanon Crescent and the main road frontages. Assessment under Clause 55 (ResCode) The proposal achieves some of the measurable standards of ResCode as set by the State Government, however in many respects it ignores the local requirements contained in the Monash Planning Scheme. Overall the proposal performs poorly to the requirements and does not provide a high amenity outcome for future residents. The proposal will have a negative impact on the amenity of the immediately abutting residential properties. Neighbourhood character and built form The proposal introduces dwellings with direct frontage and access to Springvale Road. Dwellings are setback approximately 2.5 metres at ground level relying on the wide road reservation and a proposed 1.7 metres high fence to create seclusion. Within this setback is the only private courtyard for these dwellings.

A 3.0 metre setback is proposed from Dandenong Road, with direct pedestrian access. A 1.7m high front fence is proposed to create seclusion.

A 6.8 metre setback from Lebanon Crescent, behind a 1.7 metre high front fence with direct pedestrian access to the street. The setback is the secluded open space for the dwelling.

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The proposed setbacks do not achieve the required 7.6 metres as set out in the Planning Scheme. The lesser setback to Springvale Road relies on the road reservation to act as a buffer between the site and the lanes of traffic on Springvale Road. However the future use of this road reserve is unknown and it is unlikely to be heavily landscaped in future due to the need for safety of road users. Only pedestrian access is provided from the road abuttals, however behind a proposed high fence. Therefore integration of the dwellings into the streetscape is poor. Built form & scale The 2 and 3 storey scale of the dwellings is appropriate. The approach for higher scale buildings to be to the south east of the site with lesser scale towards the more sensitive interfaces is suitable. However the form of the buildings, particularly adjacent to existing residential properties is unreasonable. The built form takes on a row housing form, with sheer side walls and flat roof. The surrounding character is traditional with pitched roofs and recessing of upper floors. Townhouse 54 is setback 1.6 metres to the north boundary at ground and first floor (sheer wall). The wall length is 17.5 metres at ground and 15 metres at first floor and is 6.5 metres in height. The adjacent dwelling at 43 Lebanon Cres is setback approximately 3.0 metres in this location and contains habitable room windows. Townhouses 31 and 32 are closest to the dwellings on the east boundary. Townhouse 31 is 3 storey, setback 2.85 metres at its closest point with a sheer 7.35 metre wall height with the 3rd level setback 1.0 metres and an overall height 9.35 metres. Townhouse 32 is 2 storey, setback approx. 2.3 metres with a sheer wall of 6.45 metres. The townhouses are adjacent to the secluded open space of the neighbouring dwellings.

The proposed box-like form, presented in row-style with limited separation between the modules is out of character with the neighbourhood. Coupled with the sheer wall nature of the design and the siting to existing residential neighbours, the proposal is unacceptable. Open space and landscaping The townhouses fronting Lebanon Crescent are provided with a total of 35 square metres of open space in the setback to the street which is to be secluded by a proposed 1.7 metre high fence. The area of open space does not meet the requirement of 75 square metres, and the fence height is contrary to the neighbourhood character that calls for low open style fencing to integrate the development with the street. This proposal is unacceptable.

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Open space to the Springvale Road and Dandenong Road townhouses is the front setback, to be courtyards, supplemented by balconies. The 2 storey townhouses have balconies to the rear overlooking the internal roadway. Clotheslines are provided on each balcony. The 3 storey townhouses have a balcony at each upper level fronting the major road with clotheslines provided in the courtyards fronting the roads. The internal module of townhouses only have a 7.8 metres square balcony, which contains the clothesline. The only opportunity to provide for canopy tree planting is within the front setback of the townhouses fronting Lebanon Crescent. The development does have common areas for canopy tree planting. Removal of trees The proposal includes removing all trees from the site and one outside the site in the road reserve to Springvale Road. The arborist report submitted with the application is an assessment of the impact of the development on the existing trees. It identifies 7 trees of high retention value, 18 trees of moderate value, 23 trees or groups of trees of low value, and 6 trees considered of no value. Overarchingly, the arborist report identifies that with design changes the high retention trees could be retained. The approach taken for this development appears to be contrary to valuing existing vegetation and incorporating it into the design where appropriate. The arborist states:

‘Based on the site plans provided all trees located within the subject site will require removal to facilitate the proposed design. Hard construction works are proposed where most of the existing site trees are located.’

The report also identified that the proposed footpath will impact trees outside of the site and will require realigning the footpath or sensitive construction. The approach to this development in relation to retention and value of trees is contrary to the Garden City Character prided throughout Monash. General on site amenity and facilities The proposed dwellings provide poor internal amenity given their setback to main roads, lack of private open space, and poor access and car parking arrangements across the site. Car Parking, traffic and access The requisite car parking spaces required under Clause 52.06 would be provided as shown in the following table:

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Use Number of

Dwellings Clause 52.06 Requirement

Car spaces required

Car spaces provided

Two bedroom dwelling

30 1 space/two bedroom)

30 30

Three bedroom dwelling

24 (2 spaces/ three bedroom

48 48

Visitor Parking 54 1 space for every 5 dwellings

10 10

Total 88 88

The requisite number of parking spaces is provided onsite. However the tandem arrangement provided for each of the 24, 3-bedroom townhouses is not ideal. Tandem creates additional movements when the front car wants to exit and it can result in both spaces not being used causing reliance on residents finding parking elsewhere throughout the site or in surrounding streets. This aspect of the proposal is indicative of the proposal being an over-development of the site. Council’s traffic engineers identify that the internal road layout does not provide easy movements. This is particularly so for the most northern layout in the vicinity of townhouses 1 and 54. The layout also does not allow easy movement of waste vehicles or collection kerbside. The applicant proposes to have private collection to address this issue. While VicRoads has no objection to the proposal, their assessment is based on management of the main abutting roads only. Their assessment does not need to have regard to any potential impact on the local road network. Council’s traffic engineers consider that all 54 dwellings accessing the site from Lebanon Crescent will generate unreasonable traffic levels for this and feeder local streets as is unacceptable. An alternate approach to access and egress to the site is required.

CONCLUSION:

The proposal supports state and local policy for higher density development in established areas. However the intensity of the proposal exceeds the direction in the Monash Housing Policy which has recently been enhanced through Amendment C125 that confirms this site and location of the municipality as suitable for lesser change. The proposed built form is contrary to the preferred future character. The design of the overall development does not suitably respond to or respect its context, neighbouring residences or existing vegetation; does not accord with all residential standards (e.g. street setbacks and secluded open space provision), poorly designed vehicle movements and has a heavy reliance on tandem parking arrangements. Vehicle access and egress to the site relies on the local street

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network as the only access, and will create an unreasonable impact on the surrounding streets. Collectively the proposed development is an overdevelopment and the application in its current form is not supported.

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LIST OF ATTACHMENTS: Attachment 1 – Proposed Development Plans. Attachment 2 – Aerial Photograph (December 2016). Attachment 3 – Zoning and Overlays Map. Attachment 4 – Objector Properties Location Map.