Top Banner
P The Planning Professionals 396 Latrobe Terrace Geelong VIC 3220 po box 7076 geelong west vic 3218 [email protected] m 0414 517 365 abn 60 143 022 156 Planning Report Buildings & works for an extension to an existing dwelling 8 Cheshunt Street, Point Lonsdale August 2021
20

Cheshunt Street - Planning Report - DRAFT 2

Dec 06, 2021

Download

Documents

dariahiddleston
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

396 Latrobe Terrace Geelong VIC 3220

po box 7076 geelong west vic 3218 [email protected]

m 0414 517 365

abn 60 143 022 156

Planning Report Buildings & works for an extension to an existing dwelling

8 Cheshunt Street, Point Lonsdale

August 2021

Page 2: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

Introduction

This is a submission made on behalf of the permit applicant supporting a proposal for buildings and works for an extension to an existing dwelling, substantially as described by this report and accompanying plans.

The subject land is 8 Cheshunt Street, Point Lonsdale. It is currently developed with a single storey dwelling located centrally on the allotment, as well as a separate double storey structure located in the north east corner of the lot.

This application proposes an extension to the existing dwelling, in two separate components. The first component of the extension involves works to the main dwelling. The majority of the rear portion of the dwelling will be demolished and replaced with a contemporary two storey extension.

The second component of the extension involves the demolition of the existing two storey structure located in the rear setback. This would be replaced with a smaller, two storey building in the north west corner of the site. This building is to be used by the existing landowners as a studio/multi-purpose space. It is primarily intended to be used as a ‘break away’ space for the landowners grandchildren, and will also serve as a home office and art studio. The building will not be used for rental purposes and it is not intended to subdivide the rear of the lot in the future. The building simply offers additional space for the current landowners, which is separated from the main dwelling and which can be used for a variety of different activities including for work, hobbies and playspace.

The proposal will involve the removal of a small number of trees and the lopping of trees within the rear setback. A street tree will also need to be lopped in order to create better access to the site.

A formal pre-application meeting with Council has not occurred however the project architect, Freckle Architecture, has made preliminary enquiries with Council Officers in regards to the proposal. In phone discussions with Council Officers, feedback has been generally positive in nature, particularly in regard to the replacement of the two storey structure within the rear setback, with a building of a smaller footprint.

This report should be read in conjunction with the plans prepared by Freckle Architecture.

8 Cheshunt Street, Point Lonsdale Page ! of !1 19

Page 3: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

1. Application Summary/Background

Address 8 Cheshunt Street, Point Lonsdale

Title Lot 60 on Plan of Subdivision 001554 Volume 04670 Folio 952

Zones and Overlays •General Residential Zone- Schedule 1 to the General Residential Zone

•Design and Development Overlay- Schedule 4 to the Design and Development Overlay

•Vegetation Protection Overlay- Schedule 1 to the Vegetation Protection Overlay

Proposal Buildings and works for an extension to an existing dwelling

Land use definition Dwelling

Permit Triggers •Construct a building or construct or carry out works (Clause 43.02-2)

Relevant local policies Clause 22.03 Urban Character Policy

Aboriginal Cultural Heritage Sensitivity

The land is identified as being of Aboriginal Cultural Heritage Sensitivity.

Demolition, buildings and works ancillary to a dwelling, alteration of buildings and minor works are all listed as exempt from the need to prepare a CHMP and thus a CHMP is not required to be prepared as part of this proposal.

8 Cheshunt Street, Point Lonsdale Page ! of !2 19

Page 4: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

2. The locality and site analysis

2.1. The subject land is located on the north side of Cheshunt Street, as depicted in Figures 1 and 2 below:

Figure 1. Subject land identified in blue (Nearmap)

Figure 2. Subject land within surrounding zoning (VicPlan)

8 Cheshunt Street, Point Lonsdale Page ! of !3 19

Page 5: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

2.2. The subject land is a regular shaped, single allotment with a frontage of 15.09m to Cheshunt Street and a depth of 40.64m, located within a residential pocket of Point Lonsdale.

2.3. The subject land contains one existing single storey dwelling situated centrally upon the allotment.

2.4. A separate two storey brick and weatherboard building is located in the north west corner of the allotment, built to both the north and east boundaries. This structure is currently used for storage, particularly sports equipment. It contains the only laundry facilities for the landowners, as well as a kitchen, living area, bedroom and bathroom.

2.5. Current vehicle access to the property is available via a gravel crossover located in the south east corner of the front boundary.

2.6. There is currently provision for one car to park within the front setback, with no enclosed vehicle storage located on the site.

2.7. The subject land has a slight slope from the rear (north) boundary, to the front (south) boundary.

2.8. The land is heavily vegetated along the eastern boundary, with clusters of trees also located within the front and rear setbacks.

2.9. There are a number of large street trees located upon the front naturestrip.

2.10. Side and rear fencing is timber paling ranging from 1.6m to 2.2m in height. No fencing is located upon the front boundary.

2.11. The adjoining dwellings to the east and west are similarly single detached dwellings.

2.12. The adjoining dwelling to the west, No. 10 Cheshunt Street, is developed with a double storey dwelling with flat roof, spread across the majority of the site. A portion of the dwelling is built along the boundary shared with the subject land.

2.13. The adjoining dwelling to the east, No. 6 Cheshunt Street, is also a double storey dwelling, with a pitched roof. A separate building has been built along the western boundary, which is used in conjunction with the swimming pool on this lot. The building contains a change room, sitting area and bathroom.

2.14. Housing stock is typically single detached dwellings on allotments. It is noted that there are examples of allotments in the area which appear to be developed with a dwelling at the front of the lot, and a separate extension at the rear of the lot. Examples in proximity to the site include No. 2 Cheshunt Street and No. 5 Albert Street.

2.15. The land to the north is occupied by the St James Anglican Church.

2.16. The land more broadly to the north, south and west developed with residential properties.

2.17. The subject land is located approximately 122m from the closest commercial area, situated along Point Lonsdale Road. This commercial shopping strip contains a small number of shops including an

8 Cheshunt Street, Point Lonsdale Page ! of !4 19

Page 6: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

independent supermarket, cafes and other assorted shops.

2.18. The subject land is located approximately 115m from the Point Lonsdale foreshore to the east where there is access to a pedestrian/bicycle pathway which runs along the shoreline.

2.19. The subject land is 613sqm in total area.

2.20. The subject land is technically described as:Lot Lot 60 on Plan of Subdivision 001554 8 Cheshunt Street, Point Lonsdale

8 Cheshunt Street, Point Lonsdale Page ! of !5 19

Page 7: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

3. What is proposed?

3.1. The proposal is for buildings and works for an extension to the existing dwelling.

3.2. The existing two storey brick and weather board building in the north east corner of the site is to be demolished, as well as an small cubby house.

3.3. The proposal involves retaining the front portion of the existing dwelling, with minor internal rearrangement to convert one of the bedrooms into a walk in robe and ensuite.

3.4. The proposal will involve the demolition of the majority of the rear portion of the existing dwelling. A new extension is to be built in its place, with a similar footprint. The extension will incorporate a kitchen, bedroom, laundry and amenities ground floor, as well a staircase leading to a proposed first floor.

3.5. The first floor extension will incorporate two bedrooms and a central bathroom. It should be noted that the existing dwelling already consists of four bedrooms, and the total number of bedroom is not being increased as part of the proposal. The extension to the existing dwelling simply proposes to move two of these bedrooms to the first floor.

3.6. A deck and verandah will also be incorporated at the first floor, accessible from the bedrooms and central hallway.

3.7. It is proposed to build a two storey studio in the north west corner of the allotment.

3.8. This studio will be built to both the north and west boundaries and will have a significantly smaller footprint that the building which it is to replace.

3.9. Importantly, the studio has been sited to avoid the Tree Protection Zone of a large tree located on the adjoining lot the north (No. 1 Albert Street).

3.10. The extension will include a studio/multipurpose space at ground floor, as well as storage for gardening equipment such as lawn mower, gardening tools, etc.

3.11. The first floor will comprise of another studio/multi purpose space and bathroom.

3.12. A small pool will be built within the back yard.

3.13. A total of seven trees will be removed from the rear setback. These are identified in further detail in the accompanying Arboricultural Assessment prepared by DS Arboriculture and discussed later in this report. None of the trees to be removed are native or indigenous to Victoria and therefore do not trigger a permit for removal.

3.14. A tree identified as T3 is to be lopped in as it will be located in between the main dwelling and the proposed studio. Similarly a tree identified as T6 will also be lopped to create access to the area to be occupied by the pool. Neither of these trees are native or indigenous to Victoria and do not trigger a permit for lopping.

8 Cheshunt Street, Point Lonsdale Page ! of !6 19

Page 8: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

3.15. It is also proposed to lop a street tree located upon the nature strip, in order to provide better access to the driveway and site in general.

3.16. The accompanying plans prepared by Freckle Architecture describe the proposal in more detail.

8 Cheshunt Street, Point Lonsdale Page ! of !7 19

Page 9: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

4. Why is a permit required?

4.1. The permit triggers are:

• Construct a building or construct or carry out works (Clause 43.02-2 - Design and Development Overlay Schedule 2)

4.2. The proposal triggers a permit under the Design and Development Overlay Schedule 4. The Schedule indicates that a permit is required for any buildings and works, apart from routine or preventative maintenance to existing structures.

4.3. The Schedule Vegetation Protection Overlay states that a permit is required for the removal of any native or indigenous vegetation including Moonah, Tea Tree and Coastal Health.

4.4. It is proposed to remove a cluster of 5x trees along the western boundary, in the north west corner of the site. These are identified as T1 within the Arboricultural Assessment and are ‘Syzygium smithii’, 3.5m in height. These trees are native to Australia however not native to Victoria, and do not trigger a permit for removal.

4.5. It is proposed to remove the tree identified as T2, ‘Brachychiton acerifolius’, 3m in height. This tree is native to Australia, however not native to Victoria, and does not trigger a permit for removal.

4.6. No permit is required to remove the tree identified as T4, as this is identified as an exotic species ‘Schefflera arboicola’.

4.7. The tree identified as T3 is to be lopped as it sits between the existing dwelling and the proposed two studio. The tree identified as T6 is also to be lopped, to create access to the area to be occupied by the pool. Neither Tree T3 or T6 trigger a permit for lopping as they are not native to Victoria.

4.8. It is proposed to lop a street tree which currently overhangs the driveway, making access to the site difficult. This street tree is identified as T23 and is an exotic species ‘Metroideros excelsa’.

4.9. The existing dwelling is considered a Section 1 Use (Dwelling) under the zoning for which a permit is not required.

8 Cheshunt Street, Point Lonsdale Page ! of !8 19

Page 10: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

5. Response to planning provisions

5.1. The Responsible Authority is required to take into account relevant policies contained in the PPF, MSS and LPPF.

5.2. This section discusses the permit triggers in detail and offers a response to the relevant planning provisions.

8 Cheshunt Street, Point Lonsdale Page ! of !9 19

CLAUSE 22.03 URBAN CHARACTER POLICY Clause 22.03-2 Point Lonsdale Natural Coastal Areas

Site Layout It is policy that: • The layout of new development minimises any visual intrusion into the natural coastal appearance of the

area. • The layout of new development, paved areas and driveways, car parking, active outdoor living areas and

landscape areas is site responsive, having regard to the land’s physical, historic and environmental features, and the location and form of buildings on adjacent land.

• The layout of new development provides for a high quality of living for its occupants and maintains an appropriate standard of amenity for the occupants of adjoining dwellings.

• The layout of new development minimises the removal of existing native or indigenous coastal vegetation that contributes to the natural vegetated setting of the area.

• New development should: – where possible, provide north facing indoor and outdoor living areas, to maximise solar access; – demonstrate regard for the protection and reasonable sharing of bay or landscape view lines from the site or across the site from other properties; – provide appropriate landscape opportunities shown on a landscape plan, which nominates the existing, proposed removal and additional landscaping for the site; – provide the opportunity for the retention and addition of indigenous coastal screen planting in front of buildings and between buildings; – position and layout buildings to minimise visibility from the street or from other private and public areas;

Building Design It is policy that: • New development is designed to respect and blend in with the existing natural coastal character of the

area. • New development may express a contemporary coastal design, provided such design is respectful of, and

interprets the variety of holiday building types and architectural styles that have developed in Point Lonsdale throughout the 20th Century, including the massing and articulation, scale, design features, materials and finishes of such buildings.

• New development is designed having regard for any features of the land, coastal conditions, the quality and intactness of existing vegetative cover, any view corridors from the streets, public spaces and surrounding properties, and the layout of adjacent buildings.

• New development should: – retain as much of the existing vegetation on the land and road reserve along the front of the land as possible; – use staggered and varied roof lines and pitches, and vary the setback of walls to reduce the visual bulk and impact of buildings on the natural surroundings; – utilise traditional building materials in an innovative manner, including horizontal weatherboard wall cladding, light tone rendered brickwork, corrugated iron roofs, timber verandahs, door and window joinery, and painted finishes; – use building materials and finishes which are of natural and muted tones, and that blend into the surrounding natural coastal conditions; – emphasise the horizontal, rather than the vertical form of buildings to reduce the perception of height; and – avoid direct overlooking into neighbouring properties and minimise the loss of longer distance views across the site from neighbouring properties.

Page 11: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

Response: Both the extension to the main dwelling and that of the studio are modest works, that are in keeping with the local policy for site layout, building design, height and setbacks, as outlined for development within the Point Lonsdale Natural Coastal Area.

The extension to the main dwelling is setback from the front facade of the dwelling, with the first floor to be positioned behind the front portion of the existing dwelling. With the studio to be setback in the north west corner of the site, there is no opportunity for either component of the proposed works to detract from the natural coastal appearance of the streetscape or area in general.

The proposal has been designed in order to retain as much existing vegetation as possible. Particular attention has been paid by both landowners and architect to retain Tree T3, designing the proposed extension around this tree and making it a focal point of the design.

The extension ensures a high level of amenity for the landowners, achieved by the composition and siting of the main dwelling and studio, as well as the retention of existing vegetation. The amenity of adjoining lots has been considered in the design. The decisions to make the studio a much smaller building than the structure it is to replace, as well as the decision to locate the studio away from Tree 25, have been made with the amenity of adjoining lots in mind.

The proposal is contemporary in nature and so is in keeping with the style of recent development in the area. Views of the proposal will be limited from the public realm and surrounding lots given existing vegetation, particularly the vegetation located upon the nature strip, eastern and northern boundaries.

The height of the the proposal is consistent with the height of other two storey dwellings along Cheshunt Street, as well as those in the broader area, and is appropriate for a two storey development. Importantly, the development is well within the height restriction of two storeys and maximum height of 8.5m, as specified by the DDO4 relevant to the site.

8 Cheshunt Street, Point Lonsdale Page ! of !10 19

CLAUSE 22.03 URBAN CHARACTER POLICY Clause 22.03-2 Point Lonsdale Natural Coastal Areas

Building Height and Setback It is policy that: • The height and setbacks of new development retain the prevailing rhythm, height and setback of existing

buildings in the street. • The height and siting of new development does not visually dominate the streetscape or coastal setting. • The height of new development does not generally protrude above the tree canopy, particularly on

elevated or highly visible sites. • The height of new development does not protrude above ridgelines to form a silhouette against the sky

when viewed from any significant public viewing point. • The height and setbacks of new development ensures adequate daylight to all habitable rooms and private

open spaces on the land. • New development should: – limit roof height so that the roof height is not significantly higher that the prevailing height of buildings in the street; – provide a front setback which matches, or is greater than the setback of adjoining buildings, or where the setbacks are different a front setback which is between the setbacks of adjoining buildings, or equal to the average setback of buildings in the street, whichever is the lesser of the two (Point Lonsdale Natural Coastal Area only); and – avoids building across the width of the site, from boundary to boundary.

Page 12: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

Response: No part of the proposal will exceed two storeys, nor will the proposal be greater than 8.5m in height, which is confirmed on the elevation plans TP11 and TP12 forming part of the drawing set.

The ground floor extension to the main dwelling will be setback 1.4m from the western boundary, exceeding the 1.2m setback suggested by the DDO4.

The first floor of the extension will be setback 1.1m from the western boundary, slightly overhanging the ground floor. Whilst this setback is less than the setback suggested by the DDO4, this will not

8 Cheshunt Street, Point Lonsdale Page ! of !11 19

CLAUSE 43.02 DESIGN AND DEVELOPMENT OVERLAY Clause 43.02-2 Buildings and works A permit is required to construct a building or carry out works.

SCHEDULE 4 TO CLAUSE 43.02 DESIGN AND DEVELOPMENT OVERLAY POINT LONSDALE NATURAL COASTAL AREA

2.0 Buildings and Works Permit requirements - A permit is not required to carry out routine or preventative maintenance to existing structures. - A permit is required for all other buildings and works.

Other requirements Building Height No building can exceed a height of: - Two storeys - 8.5 metres above natural ground level.

Building setbacks • Side and rear setbacks are to be a minimum of 1.2 metres for a single storey building (up to a wall

height of 3.6 metres) and a minimum of 1.92 metres for a two storey building with a wall height of up to 6.0 metres (i.e. an additional 100 millimetres setback for every 300 millimetres above 3.6 metres).

Buildings should not be built on side and rear boundaries, except where: • The building is sited alongside an existing building on an adjoining property which is built on the

boundary. • The proposed building replaces an existing building which is sited closer than 1.2 metres from the side

or rear boundary.

Permeable surface area • At least 30 per cent of the area of a site should have a permeable surface.

Site coverage • Buildings should not occupy more than 40 per cent of the area of a site.

5.0 Application requirements An application for permit must be accompanied by a site context plan and a site context report that demonstrate how the proposed buildings or works satisfy the relevant policies, controls and guidelines applying to the site. • An application must also be accompanied by a landscape plan that clearly indicates existing

vegetation on the site, the extent of proposed clearing of vegetation, the type, density and location of trees and other vegetation to be planted, and the location and material of the vehicular accessway.

Page 13: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

cause any amenity impact to the adjoining dwelling to the west. The proposed setback of the first floor from the western boundary ensures that the landowners can maximise the private open space located on the eastern side of the dwelling. The reduced setback also makes best use of the space between the dwelling and the western boundary, which cannot be used as meaningful private open space.

All windows along the first floor of the main dwelling, directly facing the adjoining dwelling are to have a sill height of 1.7m above FFL, ensuring there is no potential for overlooking into the adjoining lot.

The adjoining dwelling is setback 1.92m from the shared boundary, at the first floor. When combined with the setback of the proposed first floor extension on the subject land, this equates to a distance of 3.02m between the first floors of the two dwellings. This is adequate space to ensure appropriate levels of sunlight to both dwellings and to maintain a sense of separation between buildings.

It should be noted that the first floor extension has an overall length of 13.7m and has not been stretched to the cover the entire length of the existing dwelling, with the front portion of the house to remain single storey. This is a conservative outcome for the first floor arrangement and has avoided potential issues of visual bulk and excessive building mass. Restricting the first floor to a length of 13.7m, positioned behind the front portion of the dwelling, is a more desirable outcome than also expanding this level over the front portion of the dwelling. The setback provided along the western boundary is sufficient to allow for future landscaping, if desired, in order to further increase the sense of separation between the subject dwelling and that of the adjoining lot. It should be noted that an existing tree on the subject lot, close to the south west corner of the existing dwelling, currently provides a significant amount of screening between the two dwellings, and will continue to do so, as it is to be retained. This substantial tree will act as a visual buffer between the two properties, which will limit any visual impact of the reduced setback on the adjoining lot.

The verandah and deck to the first floor will have limited views into the adjoining lot to the east, given the dense and tall vegetation which lines the eastern boundary. Refer Image 1 below.

The ground floor of the studio will be built along the western boundary. This will adjoin a single storey covered outdoor area on the adjoining lot to the west, also built to the shared boundary. As the building on the adjoining lot is also built to the boundary, it is deemed that the placement of the western wall of the studio on boundary will not impact on the adjoining lot.

The first floor of the studio will be setback 1.1m from the western boundary, consistent with the setback of the first floor of the main dwelling from this boundary. Given there is separation between the first floor of the main dwelling and first floor of the studio, and the small length of the first floor of the studio at 7.1m, the reduced setback to this boundary will not result in feelings of enclosure for the adjoining dwelling to the west. Further, the vegetation to be retained between the main dwelling and the studio, will break up the built form in this area, between the subject site and the adjoining lot.

The studio will be built to the northern boundary, at both ground and first floor. Given the building on the lot to the north is a church, setback approximately 3m from the shared boundary, the placement of the first floor on boundary will not affect the amenity of this lot. Further, the studio has been sited to be completely outside the TPZ of T25, ensuring the preservation of this tree.

8 Cheshunt Street, Point Lonsdale Page ! of !12 19

Page 14: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

Specific attention should be paid to the existing structure at the rear of the subject lot which is to be demolished and the significantly smaller studio extension which is to replace it. The existing structure is two storeys, built to both the north and east boundaries, at both storeys. It has a footprint which occupies the majority of the rear setback of the lot and is visually bulky. In comparison, the proposed studio has been designed to have a less expansive footprint and has been sited in the north west corner of the site, away from Tree T25 on the adjoining lot to the north. The proposed studio is a more thoughtfully designed and appropriately sited building than the existing building which it is to replace.

Site coverage for the proposal is 201sqm/33% with permeability equates to 386sqm/62%.

A landscape plan does not form part of the drawing set. All vegetation to be retained and removed is identified throughout the drawing set, sufficient for the purpose of Council assessment. A landscape plan can be prepared in the future, and it is requested that the submission of a landscape plan be made a condition on any permit issued.

Image 1: Trees along eastern boundary preventing overlooking to Number 6 Cheshunt Street.

8 Cheshunt Street, Point Lonsdale Page ! of !13 19

Page 15: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

Response:The proposal will not impact upon the amenity of the adjoining lot to the north, which is located in a Heritage Overlay and is developed with St James Anglican Church.

As mentioned earlier in this report, given the church is setback approximately 3m from the shared boundary, the placement of the studio in this location will not affect the amenity of the adjoining building.

The proposed studio will have a smaller footprint than the existing structure which it is to replace and will occupy less of the northern boundary, resulting in an improvement to overall amenity along this shared boundary. The existing tree T25 will also become more of a feature along this boundary, with the siting of the studio away from this tree and the removal of the visually dominant existing structure.

8 Cheshunt Street, Point Lonsdale Page ! of !14 19

SCHEDULE 4 TO CLAUSE 43.02 DESIGN AND DEVELOPMENT OVERLAY POINT LONSDALE NATURAL COASTAL AREA

5.0 Application requirements (Cont’d) Adjacent to a heritage overlay Any building or works adjoining a building, site or object listed in a heritage overlay will require plans and a report to be submitted showing how the buildings or works are sympathetic to the character and amenity of the adjoining building etc.

Page 16: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

Response No permit is required to remove the trees identified as T1, T2 or T4, as they are either exotic species or not native to Victoria.

No permit is required to lop the tree identified as T3, which sits between the existing dwelling and the proposed two storey extension, as it is neither indigenous or native to Victoria. The tree identified as T6 is also to be lopped, to create access to the area to be occupied by the pool. No permit is required to lop this tree given it is neither indigenous or native to Victoria. This tree forms part of a cluster of trees located along the eastern boundary. In order to create access to the site during construction, the limbs of the trees along the eastern boundary may required some pruning or limbs to be held back, as per the Arborist’s recommendations. They will be protected during the construction process via the methods outlined in the Arboricultural Assessment.

It is also proposed to lop a street tree which currently overhangs the driveway, making access to the site difficult. This street tree is identified as T23 and is an exotic species ‘Metroideros excelsa’. Photos of the street tree, depicting the extent to which it overhang the site, are provided at Image 2 and 3 below. Tree removal and lopping within the back setback is required in order to accommodate the proposed studio and pool.

A major consideration for the landowners in the design of the extension was the desire to retain and protect the tree identified as T3, given a love of this particular tree. The proposal has therefore centred around the retention of this tree and incorporating the tree into the design solution. The desire to retain this tree was behind the decision to separate the studio extension from the main dwelling extension.

Importantly, all other vegetation on the site is to be retained as part of the proposal, preserving the existing balance between vegetation and built form. The substantial vegetation along the eastern

8 Cheshunt Street, Point Lonsdale Page ! of !15 19

CLAUSE 42.02 VEGETATION PROTECTION OVERLAY Clause 42.02-2 Permit requirement A permit is required to remove, destroy or lop any vegetation specified in a schedule to this overlay.

SCHEDULE 1 TO CLAUSE 42.02 VEGETATION PROTECTION OVERLAY 1.0 Statement of nature and significance of vegetation to be protected Point Lonsdale, in particular land south of Lawrence Road, contains substantial amounts of indigenous vegetation).

2.0 Vegetation protection objective to be achieved - To ensure that new development has proper regard for the established landscape, streetscape and

development pattern and is consistent with the existing balance between vegetation and built form in the local area and contributes to the landscape character of the area.

- To ensure that driveways, road works, fences, and service trenches have a minimum impact on existing vegetation.

3.0 Permit requirement A permit is required to remove, destroy or lop all native or indigenous vegetation including Moonah, Tea Tree and Coastal Heath. An application to remove vegetation must: - Indicate the total extent of native vegetation on the subject land and the extent of proposed clearing, destruction or lopping. - Specify the purpose for the proposed clearing. - Demonstrate that the extent of clearing has been reduced as much as is reasonable and practicable. - Specify proposals for regeneration or revegetation following the removal, destruction or lopping of any native vegetation.

Page 17: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

boundary of the site and front setback is to be retained, screening views of the proposal from neighbouring dwellings, as well as the public realm, whilst also maintaining the landscape character of the area.

The landowners are committed to replanting the site with indigenous species, to compensate for the trees which need to be removed as part of the proposal. A landscape plan in not included with this submission, however can be produced, and it is requested that the submission of a landscape plan be a condition on any permit issued.

An Arboriculture Assessment prepared by DC Arboriculture is enclosed with the application and discusses the proposed vegetation removal and lopping on the site in greater detail.

8 Cheshunt Street, Point Lonsdale Page ! of !16 19

Page 18: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

Image 2: Street tree (T23) overhanging the entrance to the site.

Image 3: Street tree (T23) overhanging the entrance to the site.

8 Cheshunt Street, Point Lonsdale Page ! of !17 19

Page 19: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

6. Clause 65 Decision GuidelinesClause 65 establishes the general decision guidelines for the consideration of applications, as set out below.

Clause 65 - Response These considerations are clearly and unambiguously directed at the Responsible Authority, after all the Responsible Authority is the decision making authority, not the permit applicant.

It is noted that many of these provisions are general in nature such as the objectives of planning.The State Planning Policy Framework is broad in its application. The Local Planning Policy Framework informs the application in greater detail. All relevant planning policy and provisions of the scheme have been considered. The proposal would have a net positive contribution to the economy and responds positively to the local context and sustainable design principles. All matters relating to the orderly planning of the zone, and the effect on the amenity of the locality have been considered and demonstrated to be acceptable.

Not relevant are matters of land degradation, salinity, flooding, fire hazard or the like.

Concluding Response

6.1. Relevant policies contained within the SPPF, MSS and the LPPF have been discussed considered.

6.2. It is clear and self evident that the proposal is not in conflict with these policies.

6.3. There is nothing in the application which requires special or more careful consideration under the provisions of this clause.

8 Cheshunt Street, Point Lonsdale Page ! of !18 19

65.01 DECISION GUIDELINES - APPROVAL OF AN APPLICATION OR PLAN Before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate: • The matters set out in section 60 of the Act. • The Municipal Planning Strategy and the Planning Policy Framework. • 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. • The adequacy of loading and unloading facilities and any associated amenity, traffic flow and road

safety impacts.

Page 20: Cheshunt Street - Planning Report - DRAFT 2

P The Planning Professionals

7. Merits of the proposal

7.1. In the general scheme of matters, this application is an appropriate extension to the existing dwelling.

7.2. The proposal is generally consistent with relevant state and local planning policies.

7.3. The proposal would not result in off-site amenity impacts or cause material detriment to any party.

7.4. The siting of the proposed extension is logical and practical.

7.5. The approval for buildings and works sought is justifiable and a reasonably expected outcome in the locality.

8. Conclusions – should a permit be granted?

8.1. The proposal is consistent with planning policy.

8.2. The proposal would not result in off-site amenity impacts or cause material detriment to any party.

8.3. For these reasons and the reasons contained in the body of this submission it is respectfully submitted that a permit should be granted.

Alana Falasca B. UrbRegPlan (Hons) Town Planner August 2021

8 Cheshunt Street, Point Lonsdale Page ! of !19 19