6 Combined Boroondara Planning Scheme Amendment · PDF fileThe Urban Planning Special Committee (UPSC) considered the proposal ... and the resulting land use outcome at the subject

Council Meeting Agenda 27/07/15

6 Combined Boroondara Planning Scheme Amendment C209 and Planning Permit Application PP14/01066 - 5 & 7 Rossfield Avenue, Kew - Decision to Adopt Amendment and Consider Planning Permit Application

Abstract The combined Amendment C209 to the Boroondara Planning Scheme and Planning Permit Application PP14/01066 affects land at 5 Rossfield Avenue, Kew (now part of 231 Barkers Rd, Kew) and 7 Rossfield Avenue, Kew. The amendment seeks to vary the restrictive covenant affecting the sites to allow for them to be used as part of the Methodist Ladies’ College (MLC) Kindle facility. The planning permit (application PP14/01066) is for the use of 7 Rossfield Avenue, Kew as part of the MLC Kindle, as well as to undertake associated buildings and works. The combined amendment and permit application was proposed by MLC in August 2014 under the provisions of Section 96A of the Planning and Environment Act 1987 (the Act). The Urban Planning Special Committee (UPSC) considered the proposal and resolved on 20 October 2014 to request Ministerial authorisation to prepare and exhibit the combined amendment and permit application. The exhibition occurred from 29 January 2015 to 6 March 2015. One objection was received requesting a number of changes to the exhibited amendment and permit. After considering the submission, officers have revised the covenant wording and the permit to address the issues raised in the submission. The objection was subsequently withdrawn. The exhibition outcomes and the revised amendment and permit were considered by the UPSC on 15 June 2015. The UPSC resolved to endorse and refer the revised Amendment C209 to an Ordinary meeting of Council for adoption. The UPSC also resolved to endorse and refer the revised Planning Permit PP14/01066 to the same Council meeting for consideration. In accordance with the Act, Council may now adopt the revised Amendment C209 (Attachment 1) and recommend to the Minister for Planning that the revised Planning Permit PP14/01066 (Appendix B of Attachment 2) be granted. Council then must submit the amendment and the permit at the same time to the Minister for approval/granting.

City of Boroondara Amendment C209 Page 1 of 29


Officers' recommendation That Council resolve to: 1. Adopt the revised Amendment C209 to the Boroondara Planning Scheme

(Attachment 1 as annexed to the minutes) in accordance with Section 29 of the Planning and Environment Act 1987.

2. Recommend to the Minister for Planning that the revised Planning Permit PP14/01066 (Appendix B of Attachment 2) be granted in accordance with Section 96G(2) of the Planning and Environment Act 1987.

3. Submit the adopted Amendment C209 (Attachment 1) and Planning Permit PP14/01066 (Appendix B of Attachment 2) to the Minister for Planning for approval/granting in accordance with Section 96H(1) of the Planning and Environment Act 1987.

4. Authorise the Director City Planning to undertake minor administrative changes to the amendment and permit that do not change the intent of the controls.

Document information



Responsible director: John Luppino

City Planning ___________________________________________________________________ 1. Purpose

The purpose of this report is to seek Council’s resolution to adopt the revised Planning Scheme Amendment C209 to the Boroondara Planning Scheme and recommend to the Minister for Planning that the revised Planning Permit PP14/01066 be granted.

2. Policy implications and relevance to council plan

Council Plan 2013-17 The combined amendment and permit application is consistent with Strategy 10 - Land use, Planning and Building of the Council Plan (2013-17) - “we will engage with our community in striving for protection and enhancement of the natural and built environment'. It provides a greater level of certainty and transparency in regards to the need to vary a restrictive covenant on the land and the resulting land use outcome at the subject sites. It also allowed the community to be engaged through the planning scheme amendment exhibition stage. Public Health and Wellbeing Plan 2013-17 The amendment implements Strategic Objective 2 of the Municipal Public Health and Wellbeing Plan 2013-17, to ‘enhance and develop our neighbourhoods to support health and wellbeing’ by supporting a proposal that will facilitate improvement of child care facilities for the existing enrolment numbers of the MLC Kindle.

3. Background

Land known as 5 Rossfield Avenue, Kew (now part of 231 Barkers Rd, Kew) has been used for 15 years as part of MLC’s Kindle facility. Specifically, it provides child care and early education services for 12 children from 6 weeks to 18 months old. The property at 7 Rossfield Avenue, Kew is also owned by MLC and is currently used as a dwelling. In August 2014, MLC submitted a request to Council for a combined planning scheme amendment (Amendment C209) and a planning permit application (PP14/01066) under the provisions of Section 96A of the Act. The combined application was intended to facilitate MLC’s proposal to extend the existing Kindle facility to 7 Rossfield Avenue, Kew to allow for more cots to be provided for the existing 12 children at 5 Rossfield Avenue, Kew. Land at 5 and 7 Rossfield Ave, Kew is affected by a restrictive covenant which prevents any use or development (buildings and works) of the land other than that associated with a single dwelling. Therefore, Amendment C209 seeks to vary the restrictive covenant to allow for the use of the subject sites as part of the MLC Kindle. Planning Permit Application PP14/01066 is for the use of 7 Rossfield Avenue, Kew as part of the MLC Kindle and to undertake associated buildings and works.



The Urban Planning Special Committee (UPSC) considered the proposal and resolved on 20 October 2014 to request Ministerial authorisation to prepare and exhibit the combined amendment and permit application. The exhibition occurred from 29 January 2015 to 6 March 2015. One objection was received requesting some changes to the exhibited amendment and permit. The objection was subsequently withdrawn after officers resolved the issues raised by the submitter. The exhibition outcomes and the revised amendment and permit were considered by the UPSC on 15 June 2015. The UPSC resolved to endorse and refer the revised Amendment C209 to a Council meeting for adoption. The UPSC also resolved to endorse and refer the revised Planning Permit PP14/01066 to the same Council meeting for consideration.

4. Outline of key issues/options

The exhibited amendment sought to vary the restrictive covenant affecting the subject sites as specified below (the additional words subject to the amendment are in bold print):

“...will not erect any buildings … other than either one dwelling house only with such out-buildings as are customarily used in connection with a dwelling house or an education centre/childcare centre AND will only use the land either for residential purposes or for education centre/childcare centre and ALSO…”

The only objection received during public exhibition requested the following changes to the amendment and permit:

Only a single building is to be constructed on each subject site and no interconnection of these buildings to any surrounding buildings should occur.

The titles of the subject sites not to be consolidated with the main Kindle Certificate of Title.

The objection has been withdrawn following a revision to the covenant wording and permit conditions. These revisions were subsequently endorsed by the UPSC on 15 June 2015. The revised Amendment C209 The revised Amendment C209 now proposes to vary the covenant as following:

“…will not use the land for any use other than a single dwelling use OR an integrated education centre and childcare centre use, with such uses only occurring within a detached building that has the appearance of a single dwelling together with out-buildings as are customarily used in connection with a dwelling and ALSO …”

Officers note that the revised wording is largely consistent with the original intent of the exhibited amendment and therefore does not need to be re-exhibited. Furthermore, the revised wording includes a further restriction that any buildings on the subject sites must remain detached from surrounding buildings. This additional restriction addresses the objection and ensures that the streetscape and character of Rossfield Ave is maintained.



The revised covenant variation, if adopted by Council and approved by the Minister for Planning, will allow MLC to utilise the building at 7 Rossfield Ave, Kew as part of the Kindle facility whilst ensuring that the character of Rossfield Ave, Kew is protected. In accordance with Section 29 of the Act, Council may now adopt the revised Amendment C209 (Attachment 1). The revised Planning Permit PP14/01066 The former Condition 6 of the exhibited planning permit which requested title consolidation of 5 and 7 Rossfield Ave, Kew with the main Kindle land title (231 Barkers Rd, Kew) has been deleted. It is considered that the original intent and enforceability of this condition is now suitably reflected in the revised covenant. This is on the basis that the updated covenant makes reference to an “incorporated” education centre/childcare centre being permitted, i.e. the use of the site as an education centre/childcare centre must be in association with the existing MLC Kindle facility. The revised permit also includes new permit conditions (Conditions 1 and 8) to ensure that the proposed buildings and works authorised under this permit would not be in breach of the amended covenant, i.e. buildings and works must be wholly contained within the subject site and thereby remain “detached”; and that the buildings and works do not occur until after the covenant variation has been registered with the property titles. In accordance with Section 96G(2) of the Act, should Council adopt Amendment C209, Council may then determine to recommend to the Minister for Planning that the revised Planning Permit PP14/01066 (Appendix B of Attachment 2) be granted. In accordance with Section 96H(1) of the Act, Council must submit the amendment and the permit at the same time to the Minister for approval/granting.

5. Consultation/communication

Amendment C209 and Planning Permit Application PP14/01066 were placed on public exhibition from 29 January 2015 to 6 March 2015. Notices were given to all beneficiaries of the restrictive covenant (owners of 18 properties), owners and occupiers of all properties along Rossfield Avenue, Kew and immediately adjoining properties of the subject sites. A notice of the amendment and the application was published in the Progress Leader and Government Gazette. Notification signs of the amendment and application were placed on the subject sites. All amendment and permit documents were also available for public inspection at Council’s Planning Counter, MLC’s reception and on Council’s website. Following public exhibition, officers carried out further discussions with the submitter and MLC’s representatives with the intention to resolve the only objection received, including a post-exhibition consultative meeting on 6 May 2015. The post consultation discussions achieved a satisfactory outcome to all parties and the objection was subsequently withdrawn on 6 May 2015.



All beneficiaries of the covenant, owners and occupiers of properties along Rossfield Avenue, Kew and immediately adjoining properties of the subject sites were also notified of the UPSC meeting on 15 June 2015 and this Council meeting.

6. Financial and resource implications

Applicable amendment fees will be paid by the proponent/applicant (i.e. MLC). Resources (project management, reporting, administrative, etc.) to progress the amendment and permit application will be sourced from the Strategic Planning and the Statutory Planning budgets.

7. Governance issues

The implications of this report have been assessed and are not considered likely to breach or infringe upon, the human rights contained in the in Victorian Charter of Human Rights and Responsibilities Act 2006. The officers responsible for this report have no direct or indirect interests requiring disclosure.

8. Social and environmental issues

The existing Kindle Facility provides an important education and childcare service to the local community. The proposed amendment and permit application provide an opportunity to improve the services provided by MLC Kindle. The proposal is not expected to have any negative environmental effects.

9. Conclusion

The only objection received during public exhibition of the combined Planning Scheme Amendment C209 and Planning Permit Application PP14/01066 has been withdrawn based on the revised amendment and permit. Council may now adopt the revised Amendment C209 and recommend to the Minister for Planning that the revised Planning Permit PP14/01066 be granted. The amendment and the permit will then be submitted to the Minister for approval/granting at the same time.

Managers: Zoran Jovanovski, Strategic Planning

Simon Mitchell, Statutory Planning Report officers: Jo Liu, Senior Strategic Planner, Strategic Planning

Adam Haines, Senior Statutory Planner, Statutory Planning


BOROONDARA PLANNING SCHEME

SCHEDULE TO CLAUSE 52.02

1.0 Under Section 23 of the Subdivision Act 1988

Land Easement or restriction Requirement

3 John Street, Kew, described as Lot 6 on Plan of Subdivision No. 23640 being the whole of the land in Certificate of Title Volume 8073 Folio 254.

Restrictive covenant contained in Instrument of Transfer No 2701859

Variation of the covenant by substituting the words

"…that we will not at any time hereafter erect construct or build or cause to be erected constructed orbuilt on the said lot any building other than a private dwelling and that such dwelling shall not be more than one story in height"

with

"…that we will not at any time hereafter erect construct or build or cause to be erected constructed or built on the said lot any building other than a private dwelling and that such dwelling shall not be more than two storeys in height…"

217 Cotham Road, Kew described as Lot 4 on Plan of Subdivision 005505 being the whole of the land in Certificate of Title Volume4192 Folio 298

The deed of covenant K89664;

and

Vary the covenant by adding the words :“…or museum.”

Restrictive covenant contained in Instrument of Transfer No 881422.

Vary the covenant by adding the words:“... or museum.”

219 Cotham Road, Kewdescribed as Lot 3 on Plan of Subdivision 005505 being the whole of the land inCertificate of Title Volume3797 Folio 386

Restrictive covenant contained in Instrument of Transfer No 747599.

Vary the covenant by adding the words :“…or museum.”

252 Doncaster Road, Balwyn North described as Lot 291 on Plan of Subdivision 7870 described in Certificate of Title Vol 08045 and Fol 225

and

250 Doncaster Road,

Restrictive covenant contained in Transfer No 1362611 that affects the whole of the land in Certificate of Title Vol 08045 and Fol 225;

and

Restrictive covenant

Vary as follows:

For:

“one dwelling house valued without outbuildings at not less than Five hundred pounds”

Substitute:

“one dwelling house valued

07/06/2012C123 proposed C209

07/06/2012C123

PARTICULAR PROVISIONS - CLAUSE 52.02 - SCHEDULE PAGE 1 OF 2

Attachment 1

Council Meeting Agenda 27/07/15______________________________________________________________________________________

______________________________________________________________________________________City of Boroondara Amendment C209 Page 7 of 29


Land Easement or restriction Requirement

Balwyn North described as Lot 290 on Plan of Subdivision 7870 described in Certificate of Title Vol 05408 and Fol 449

contained in Transfer No. 1361308 that affects the whole of the land in Certificate of Title Vol 05408 and Fol 449

without outbuildings at not less than Five hundred pounds or a medical centre.”

Land known as 5 Rossfield Avenue, Kew (described as Lot 2 on Plan of Subdivision 008572, now part of 231 Barkers Road, Kew) and 7 Rossfield Avenue, Kew (described as Lot 1 on Title Plan 097826N)

Restrictive covenant contained in Instrument of Transfer Nos. 1315871 and 1323822.

Variation of the covenant by substituting the words:

“...will not erect any buildings… other than one dwelling house only with such out-buildings… that are customarily used in connection with a dwelling house and ALSO …”

with

“...will not use the land for any use other than a single dwelling use OR an integrated education centre and childcare centre use, with such uses only occurring within a detached building that has the appearance of a single dwelling together with out-buildings as are customarily used in connection with a dwelling and ALSO …”

2.0 Under Section 24A of the Subdivision Act 1988

Land Person Action

None specified

3.0 Under Section 36 of the Subdivision Act 1988

Land Easement or right of way

Requirement

None specified

19/01/2006 VC37

19/01/2006 VC37

PARTICULAR PROVISIONS - CLAUSE 52.02 - SCHEDULE PAGE 2 OF 2



STATUTORY PLANNINGOFFICERS REPORTUrban Planning Committee

Application Number PP14/01066Date Application Received 18/08/2014Planning Officer Adam Haines

Applicant Song Bowden Planning Pty LtdOwner Methodist Ladies College Ltd

Property Address 7 Rossfield Avenue, KewProposal Use of the land for an education

centre/child care centre, associated buildings and works and a reduction in car parking

Ward Studley

Zoning General Residential Zone (GRZ1)Overlays N/AAboriginal Heritage Layer NoTrees Identified on the Significant Tree Register?

Nil

Advertised? N/ANumber of Objections Received N/ARecommendation It is considered that a planning permit

could be issued for the use of the land for an education centre/child care centre, associated buildings and works and a reduction in car parking.

PLANS ASSESSED IN THIS REPORTPlans submitted on 22 September 2014

PROPOSAL

Appendix A - Plans

Page 1 of 12

Attachment 2



kadams

Text Box

An application has been made to Council for the use of the land for an education centre/child care centre, associated buildings and works and a reduction in car parking.

Details of the proposal are summarised as follows:-

The proposal seeks to retain and convert the existing single-storey dwelling at No. 7 Rossfield Avenue as an expanded element to the existing MLC Kindle facility operating at No 5 Rossfield Avenue. Kindle is an early learning / childcare facility offered by the school.The facility would contain twelve cot beds, a store room, staff bathroom, change room, indoor play area, office, outdoor play area, garage and play equipment store room.External changes to the existing building include demolition of the existing rear ‘lean to’ section of the building and partial demolition of the existing garage. Internalmodifications are required including the existing kitchen walls to be demolished. Anew garage/store is proposed along the southern side of the building.No pedestrian or vehicle access to the site is proposed from Rossfield Avenue. Access to the extended facility will be from within MLC Kindle. The existing access and driveway will be used solely for maintenance vehicles associated with the MLC Kindle facility accessing the store.Parents dropping off / picking up children will continue to use the Lofts Avenue entrance.The hours of operation will be Monday to Friday 7.30am to 6.30pm, which are thesame as the existing hours of operation for MLC Kindle. The centre is closed on Saturdays and Sundays.

The proposal does not seek to increase the number of children enrolled at the MLC Kindle facility.

THE SITE

Site Location The subject site is located on the western side of Rossfield Avenue

Width of Frontage 15.4mMaximum Depth of Site 31.56mTotal Site Area 486m2

Easements The subject site is not encumbered by any easements.

The subject site is rectangular in shape with a frontage to Rossfield Avenue of approximately 15.4 metres, a maximum depth of 31.56 metres and an approximate area of 486 square metres.Topographically, the site is generally flat.

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An existing single storey detached dwelling occupies the site. No external changes are proposed to the façade of the existing dwelling. Existing vehicle access to the subject site is provided via a crossover at the southern end of the site’s frontage to Rossfield Avenue. The proposal retains this crossover for access for the proposed store/garage. Vegetation within the front setback and secluded private open space comprises shrubs and lawn. There are no canopy trees located on the subject site. There is a low brick front fence extending across the frontage of the site. Adjoining the site to the south is the MLC Kindle facility which is part of the MLC primary and secondary schools. The centre is currently registered for 92 children. The children range in ages from six weeks old to five years old.

No. 7 Rossfield

THE SURROUNDING AREA

Site & Neighbourhood Description Plan

Page 3 of 12



NorthAdjoining the subject site to the north is No. 9 Rossfield Avenue which contains a single storey dwelling constructed from brick with a hipped tile roof (see image #1 below).

EastOpposite the subject site to the east is Nos. 8, 6 & 4 Rossfield Avenue. These are residential lots containing both single and two-storey dwellings constructed from brick with hipped tiled roofing (see image #2 below).

South and WestMethodists Ladies College.

Image #1 - No. 9 Rossfield Avenue

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Image #2 - Nos. 8, 6 & 4 Rossfield Avenue

RESTRICTIVE COVENANT/AGREEMENTS

Restrictive Covenant/Agreement DetailsInstrument of Transfer No 1323822

… transferred other than one dwelling house only with such outbuildings as are customarily used in connection with a dwelling house….. shall not any time hereafter carry out quarrying operations on the land….. except for the purpose of laying the foundations of any buildings to be erected thereon.

Will the issue of a planning permit result in a breach of the restriction?

Yes. A Section 96(a) Planning Scheme Amendment is afoot which deals with the removal of the covenant to allow for the proposed use.

PERMIT/SITE HISTORY

A review of Council records indicates that there have been no previous planning applications at the subject site.

NOTICE OF APPLICATION

Notice of the application will be carried out as part of the public exhibition of the planning scheme amendment if authorised by Council.

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GOVERNANCE ISSUES

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

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

CONSIDERATIONS

In assessing this application, consideration has been given to the following:-

The objectives of planning in Victoria as detailed in Section 4 of the Planning & Environment Act 1987;Section 60 of the Planning & Environment Act 1987;The relevant provisions and decision guidelines of the Boroondara Planning Scheme including the decision guidelines of Clause 65;

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


ZONING & OVERLAYS

General Residential Zone

Pursuant to Clause 32.08-1 of the Boroondara Planning Scheme, a permit is required to for the innominate use of a Kindergarten / Childcare Facility. Pursuant to Clause 32.08-6, a permit is required to construct a building or construct or carry out works for a use inSection 2 of Clause 32.08-1.

PARTICULAR PROVISIONS

Clause 52.06 - Car Parking

Pursuant to Clause 52.06-2 of the Boroondara Planning Scheme, prior to a new use commencing or a new building being occupied or the floor or site area of an existing use being increased or the number of patrons, seats or practitioners at an existing use being increased, the car parking spaces required under Clause 52.06-5 must be provided on

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the land or as approved under Clause 52.06-3 to the satisfaction of the responsible authority.

Pursuant to Clause 52.06-3, unless a schedule to the Parking Overlay or the schedule to Clause 52.06-1 specifies otherwise, a permit is required to :

Reduce (including reduce to zero) the requirement to provide the number of car parking spaces required under this clause,Allow some or all of the required number of car parking spaces to be provided on another site,Provide more than a maximum parking provision specified in a schedule to the Parking Overlay.

The Table 1 at Clause 52.06-5, sets out the number of car parking spaces required for a use.

Extract of Table 1 at Clause 52.06-5Use "Column A" Car Parking

RateNumber of students

Requirement

Childcare Centre /Education Centre

0.22 per child / 0.4 per student

12 3 / 5

Officer Comment

Relevant to this application, Clause 52.06 states that prior to a new use commencing or a new building being occupied, the car parking spaces required under Clause 52.06-5must be provided on the land or as approved under Clause 52.06-3 to the satisfaction of the responsible authority. A permit can be granted to reduce this requirement.

A discussion in relation to the above rates and requirements is provided within the assessment section of the report.

OFFICER ASSESSMENT

STATE PLANNING POLICY FRAMEWORK

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

Clause 11 - Settlement.Clause 15 - Built Form and Heritage.

Clause 18 - Transport.

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MUNICIPAL STRATEGIC STATEMENT (MSS)

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

Clause 21.05 - Heritage, Landscape and Urban Character.Clause 21.07 - Residential Land Use. Clause 21.09 - Community Facilities.

Clause 21.12 - Movement.

LOCAL PLANNING POLICY FRAMEWORK

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

Clause 22.04 - Discretionary Uses in Residential Areas.Clause 22.06 - Institutional Uses Policy.

Clause 22.07 - Neighbourhood Character Policy.

Officer Assessment

Appropriateness of the UseThe proposed use of the land for an education centre / childcare centre is supported by the purpose to the General Residential Zone which seeks….. “in appropriate locations, to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs.”

Clause 22.04-4 (Discretionary Uses Policy)

In terms of the specific performance standards of Clause 22.04-4 (Discretionary Uses Policy), the following assessment is provided:

Standards - Institutional Uses

Preferably located abutting a Road Zone or collector road, or near a commercial centre.The proposed consolidation of No. 7 Rossfield Avenue into the broader MLC facility technically complies with the standard. The proposed use is not autonomous but rather is intended solely as an ancillary component to the existing Kindle facility which fronts aRoad Zone (Barkers Road).

Possible spread of hours 7.00 am - 10 pm Monday - Friday, 8 am - 1.30 pm Saturday.The hours of operation will remain unchanged being 7.30am – 6.30pm Monday to

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Friday. The centre is closed on Saturdays. Therefore the hours of operation are consistent with the hours specified in the performance standard.

Possibly 2 hours on Sunday between 9am and 6pm.The centre is closed on Sundays.

Main access point preferably from a Road Zone or collector road, or predominantly non-residential road.The only access to the MLC Kindle is via the existing main entrance at Loft Avenue. The proposal does not expect to increase traffic to the facility or create any additional car parking congestion in the locale given that the existing student numbers are unaltered by this proposal. The existing vehicle access from Rossfield Avenue is being retained to provide occasional access for maintenance vehicles.

Any new buildings, refuse and car parking areas located at least 3m from residential property boundaries.No new buildings, refuse or car parking are proposed. Relatively minor alterations to the existing building are proposed, which sit entirely within the existing building footprint.

Where appropriate, noise attenuation barriers are constructed along any boundaries abutting residential properties.The subject land will accommodate 12 children ranging in age from 6 weeks old to 18 months, which in relative terms is considered to be low intensity. The noise generated from the proposed use is not expected to be at levels that would require noise attenuation barriers. However, a recommended permit condition could be included which requires an acoustic report to be provided to Council in the instance of any noise complaints to identify any necessary acoustic protection treatment. Similarly, double glazing of the existing northern and western windows could be included as a recommended permit condition to ensure this outcome is suitably achieved.

Rubbish collection to occur between 7am and 6pm Monday to Friday.Rubbish collection will remain unchanged. No additional rubbish will be generatedAbove existing levels. Rubbish collection will not occur in Rossfield Avenue.

Child care centre: Set down and pick up areas to be provided on site.The only drop off / pick up is inside the centre from the Lofts Avenue entrance. Noaccess is provided from Rossfield Avenue, other than for maintenance personnel.

Clause 22.06 (Institutional Uses Policy)

Pursuant to Clause 22.06 (Institutional Uses Policy), the following objectives apply:

To recognise the positive and significant contribution made by the institutional uses located within Boroondara.

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To accommodate, wherever possible, the future development needs of Boroondara’s institutions while limiting the impact that such uses may have on surrounding residential areas.To limit the demolition of dwellings for institutional uses and the loss of residential land use.To develop and maintain a relationship between Council, the community and the institution, which is wholly co-operative on those matters which have an effect on the interface between the institutional use and the surrounding residential area.To actively encourage the development of Institutional Masterplans for all institutions within Boroondara.

It is considered that the use of No. 7 Rossfield Avenue as part of the Kindle facility is considered appropriate having regard to these objectives insofar as it seeks to improve upon existing facilities that are generally lacking in terms of their operational requirements.

In accordance with policy, the proposal does not seek…. “demolition of dwellings for institutional uses” and given that the proposal seeks to retain the residential appearance of the building, it is considered the proposal would duly limit…. “the impact that such uses may have on surrounding residential”.

Traffic

No additional traffic generation is anticipated as a result of the proposal as there are no additional students and/or staff proposed. The current parking arrangements (from Lofts Avenue) for the facility will not be impacted by this proposal nor is the existing arrangement for carparking in association with the Kindle facility sought to be altered in any way.

Carparking

Clause 52.06-5 provides that the number of car parking spaces required for an education centre is 0.4 spaces to each student that is part of the maximum number of students on the site at any time. Similarly, Kindle encompasses a childcare component which attracts a rate of 0.22 spaces per child.

Whilst the proposal allows for a maximum of twelve (12) children/babies on the subject site as part of the Kindle facility expansion, the application of Clause 52.06 must be considered in the context of the overall Kindle / MLC facility given that, as previously stated, the use of No. 7 Rossfield Avenue is not sought as an independent or autonomous use.

Therefore rather than attracting a requirement for (5) spaces in relation to the proposed use, it would more effective to include a recommended permit condition which seeks to consolidate the title of No. 7 Rossfield Avenue into the broader facility so as to ensure it

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maintains an ancillary role to the Kindle facility. In doing so, the application of Clause 52.06 would apply to the overall facility rather than No. 7 Rossfield Avenue in isolation.

In that context, given that student numbers are not varied in number but rather shifted within the Kindle facility (i.e. 12 fewer children in the building at No. 5 Rossfield Avenue), there is no material change in vehicle activities associated with the MLC site. The existing on-site parking facilities, totalling 36 vehicle spaces and drop-off, will continue to be used in the current manner they currently do.

On the basis that the proposal will not alter the demand for car parking spaces as there is no increase to the existing staff or student numbers, it is reasonable to conclude there will be no further demand upon car parking in the locality.

Buildings and Works

Buildings and works comprise removal of the existing rear lean-to and verandah as well as a reduction in the size of the rear garden store located in the south-west corner of the site. This demolition does not require a planning permit. In addition a number of internal fences are proposed, both to the front and rear of the site. A new garage/store is proposed along the southern elevation at the end of the existing driveway.

The alterations to the rear of the building are considered to be minor and would not adversely impact on the northern adjoining property. Principally, this is due to the single storey scale of the additions and the fact they would occupy the existing footprint of the dwelling, thereby replacing the existing structures already in this location, albeit in a modern and functional form.

The rear replacement structures have a comparable wall height of 3.27m to the existing structures and would maintain the existing 1.4m setback to the northern common boundary with No. 9 Rossfield Avenue. Whilst not applicable to this assessment, application of ResCode standards notes that the proposed built form outcome sits well within normal policy tolerances (i.e. the ‘side and rear setbacks’ requirement states that a 3.27m high wall requires a setback of either 0.0m or 1.0m).

The proposed 1.5m high tea-tree fence extending through the front curtilage is more of a landscaping feature given that the existing front fence is to be retained along with the existing side boundary fences. Its modest height of 1.5m is nonetheless consistent with local policy and ResCode expectations for structures on or within 3.0m of a front boundary.

The purpose of the fence is to provide an additional layer of seclusion to the Rossfield address to prevent parents accidentally or otherwise attempting to access the site from Rossfield Avenue, but whilst maintaining a domestic feel and appearance to the site, including retention of all existing landscaping in the front setback.

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At the rear of the site a new 1.6m high internal fence is proposed which seeks to delineate the rear play area but also creates a landscaping buffer along the northern and western boundaries.

The proposed garage/store located on the southern side of the dwelling is set behind the principal façade/verandah and is considered to be consistent with the domestic character of the existing building, which is sought to be retained in its original context and form by this proposal. The appearance of the building and the new garage to the south will be entirely consistent with the existing residential character of the area.

Covenant implications

Section 62(1)(aa) of the Act allows the Responsible Authority to consider and subsequently determine a planning permit which would otherwise contravene the intent of a covenant. This can be done so long a condition of any such permit includes acondition which will vary or remove the covenant to order to absolve any such breach.This topic is covered in the primary document.

Design and Development Overlay

The subject site is not included in the Design and Development Overlay. This overlay is generally extended over private schools in the municipality, requiring master plans to be prepared periodically for long term planning of campuses. This can be addressed through a separate planning scheme amendment if the current proposal is supported.

Recommendation

The proposal for planning permit is consistent with the objectives of State and local Planning Policy. Therefore, it is considered that a planning permit could be issued for the use of the land for an education centre/child care centre, associated buildings and works and a reduction in car parking. The draft planning permit conditions are contained in Appendix B.

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PLANNINGPERMIT

GRANTED UNDER DIVISION 5 OF PART 4 OF THE PLANNING AND ENVIRONMENT ACT

1987

Permit No.: PP14/01066

Planning Scheme: Boroondara Planning Scheme

Responsible Authority: City of Boroondara

ADDRESS OF THE LAND:

7 Rossfield Avenue, Kew

THE PERMIT ALLOWS:

Use of the land for an education centre/child care centre, associated buildings and works and a reduction in car parking in accordance with the endorsed plans.

THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:

Amended plans required

1. Before the development starts, amended plans to the satisfaction of the responsible authority must be submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions and three (3) copies provided. When the plans are endorsed they will then form part of the permit. The plans must be substantially in accordance with the exhibited plans but modified to show:

a) Plan reference TP5a dated 23/6/14 modified such that the proposed ‘future covered walkway’ traversing the common property with No. 5 Rossfield Avenue is deleted from the plans or otherwise modified to be wholly contained within the subject site so as to ensure compliance with the modified covenant instrument 1315871 & 1323822 insofar as buildings to be detached.

Layout not to be altered

2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Boroondara Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.

Windows

3. Windows in the northern and western elevations are to be double glazed.

Drainage

4. The site must be drained to the satisfaction of the Responsible Authority.

Attachment 2 - Appendix B



Number of children

5. The number of children on site must not exceed 12 at any one time.

Hours of operation

6. The use allowed under this permit must operate only during the following hours, except with the prior written consent of the Responsible Authority:

Monday to Friday – 7:30 am to 6:30 pm

Testing of noise emissions

7. At the request of the Responsible Authority, the owner or occupier must, within 30 days, supply an assessment by a qualified acoustic consultant of noise levels emitted from the site with readings taken at times and locations specified by the Responsible Authority. The cost of the assessment is to be borne by the owner or occupier. If necessary, additional noise control features must be installed in consultation with an acoustic engineer, or activities and noise sources on the premises regulated at the direction of and to the satisfaction of the Responsible Authority. The frequency of this request will be at the discretion of the Responsible Authority.

Covenant

8. Prior to the commencement of the proposed demolition, alteration and additions to the existing building on the land allowed by this permit, the variation to the covenant on the title to the land allowed by Planning Scheme Amendment C209 to the Boroondara Planning Scheme must be registered on the title to the land.

Permit to expire:

9. This Permit will expire if:

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

b) The development is not completed within four (4) years of the issue date of this Permit; or

c) The use does not commence within two (2) years of the completion of the development.

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

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

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

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

(If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit)

Date of amendment Brief description of amendment



IMPORTANT INFORMATION ABOUT THIS PERMIT

WHAT HAS BEEN DECIDED?

The Responsible Authority has issued a permit. The permit was granted by the Minister administering the Planning and Environment Act 1987

under section 96I of that Act.

WHEN DOES THE PERMIT BEGIN?The permit operates from a day specified in the permit being a day on or after the day on which the amendment to which the permit applies comes into operation.

WHEN DOES A PERMIT EXPIRE?

1. A permit for the development of land expires if -

* the development or any stage of it does not start within the time specified in the permit; or

* the development requires the certification of a plan of subdivision or consolidation under the Subdivision Act 1988 and the

plan is not certified within two years of the issue of a permit, unless the permit contains a different provision; or

* the development or any stage is not completed within the time specified in the permit, or, if no time is specified, within two

years after the issue of the permit or in the case of a subdivision or consolidation within 5 years of the certification of the plan

of subdivision or consolidation under the Subdivision Act 1988.

2. A permit for the use of land expires if -

* the use does not start within the time specified in the permit, or if no time is specified, within two years after the issue of the

permit; or

* the use is discontinued for a period of two years.

3. A permit for the development and use of land expires if -

* the development or any stage of it does not start within the time specified in the permit; or

* the development or any stage of it is not completed within the time specified in the permit, or, if no time is specified, within

two years after the issue of the permit; or

the use does not start within the time specified in the permit, or, if no time is specified, within two years after the completion

of the development: or

the use is discontinued for a period of two years.

4. If a permit for the use of land or the development and use of land or relating to any of the circumstances mentioned in section 6A(2) of the

Planning and Environment Act 1987, or to any combination of use, development or any of those circumstances requires the certification

of a plan under the Subdivision Act 1988, unless the permit contains a different provision-

* the use or development of any stage is to be taken to have started when the plan is certified; and

* the permit expires if the plan is not certified within two years of the issue of the permit.

5. The expiry of a permit does not affect the validity of anything done under that permit before the expiry.

WHAT ABOUT APPEALS?

* Any person affected may apply for a review of -

a decision of the responsible authority refusing to extend the time within which any development or use is to be started or any

development completed; or.

a decision of the responsible authority refusing tot extend the time within which a plan under the Subdivision Act 1988 is to be

certified, in the case of a permit relating to any of the circumstances mentioned in section 6A(2) of the Planning and Environment

Act 1987; or.

the failure of the responsible authority to extend the time within one month after the request for extension is made.

* An application for review is lodged with the Victorian Civil and Administrative Tribunal.* An application for review must be made on an Application for Review form which can be obtained from the Victorian Civil and Administrative Tribunal, and be accompanied by the applicable fee.

* An application for review must state the grounds upon which it is based.

* An application for review must also be served on the Responsible Authority.* Details about applications for review and the fees payable can be obtained from Victorian Civil and Administrative Tribunal.

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6 Combined Boroondara Planning Scheme Amendment · PDF fileThe Urban Planning Special Committee (UPSC) considered the proposal ... and the resulting land use outcome at the subject

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