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PLANNING APPLICATION NEW RESIDENTIAL BUILDING SUNDERLAND BAY, VICTORIA REVISED MARCH 2020 PREPARED BY
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PLANNING APPLICATION NEW RESIDENTIAL BUILDING …

Dec 19, 2021

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Page 1: PLANNING APPLICATION NEW RESIDENTIAL BUILDING …

PLANNING APPLICATION

NEW RESIDENTIAL BUILDING

SUNDERLAND BAY, VICTORIA

REVISED MARCH 2020

PREPARED BY

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INTRODUCTION

This report is prepared in support of and sets out the details of an application to Bass Coast Shire for works at 3 Zephyr Court, Sunderland Bay for a double storey dwelling and associated pool and shed. The dwelling has a maximum height of 7.9m above natural ground level, is setback 62.15m from the front title boundary to the closest wall and proposed minimal earthworks. The proposed shed is located on the south-east boundary, has a maximum height of 5.96m and is setback 23.87m from the front title. The land is currently occupied by a double storey dwelling, which is proposed to be demolished. The existing dwelling is double storey, with a maximum height of 8.5m above natural ground level, being higher than the new proposal.

Plans by Jarchitecture set out the details of the proposal. The plans include a comprehensive assessment of the locality, the required design response, full architectural details of the floor plans, sections, elevations, shadow studies and a concept landscape plan. They have been prepared in accordance with and respond positively to the neighbourhood character.

This report aims to address all relevant issues and demonstrate that the proposal should receive Council’s full support on the basis that the proposal is consistent with the character of the area, is sited and designed to minimise adverse amenity impacts and responds to the relevant objective of the Bass Coast Planning Scheme.

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THE SITE

ADDRESS 3 Zephyr Court, Sunderland Bay TITLE Lot 1 PS 536177 - Volume 10019 Folio 856 ZONING Low Density Residential Zone OVERLAYS DDO1 Design Development Overlay 1

VPO2 Vegetation Protection Overlay 2 PROPOSAL Double storey dwelling PLANNING TRIGGERS

Proposed dwelling exceeds height limit set out in DDO1 Proposed shed exceeds 10m2

RELEVANT PLANNING POLICIES

ZONING provisions – Clause 32.03 – Low Density Residential OVERLAY provisions – Clause 42.02 Vegetation protection overlay Schedule 2 to the vegetation protection overlay Clause 43.02 – Design and development overlay Schedule 01 to the design and development overlay PARTICULAR provisions – Clause 54 – One dwelling on a lot

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Location

The subject site is located on the north side of Zephyr Court, at the end of the court. Zephyr Court is aligned in the north/south orientation and is a small gravel road, with only four properties located on it.

Dwellings in the greater area are a mix of single and double storey dwellings, with a many older homes present, however, most dwellings in the immediate surrounds are double storey.

The vegetation of the area is very dominant along the street, creating a defined streetscape and a barrier between the dwellings and Zephyr Court.

The following aerial photograph with the subject site identified in red, outlines the sites location and context.

There are no easements or restrictive covenants that affect the land.

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Existing Site

The irregular shaped allotment has an area of approximately 6040 square metres with a frontage of 8.78m to Zephyr Court, a depth of approximately 105.25m and a width of approximately 73.725m.

The land falls from the north to south by approximately 4.3m, with a wire fence located on the north, east and south boundaries, whilst the western boundary has no fence.

There is significant vegetation across the subject site, as well as a large dam on the eastern side of the block.

The following photographs show more details of the site:

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Adjoining properties

4 Zephyr Court (adjacent south property) 28 The Esplanade

30 The Esplanade 32 The Esplanade

34 The Esplanade 36 The Esplanade

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46 The Esplanade 72 The Esplanade

8 Beach Street, Surf Beach 202a The Esplanade, Surf Beach

202b The Esplanade, Surf Beach

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PROPOSAL

The proposal will provide contemporary housing that fits within the neighbourhood character in terms of scale, material use and colouring. A maximum building height of 7.9m above natural ground level is proposed, and whilst above the requirements of DDO1, will not be visually dominating from the foreshore or surrounding properties as demonstrated in sheet A0.04-2 of the drawing set. The dwelling will provide increased amenity for the occupants, embracing all the site has to offer. North facing living rooms and open space are maximised and well as offering views to the ocean over the she-oaks, thus the height requirement. External materials include dark and natural timber cladding and concrete sheet cladding. A mid-grey coloured roof is proposed to all roofs. For a full description of external materials, please refer to sheet A5.00 within the accompanying Town Planning drawings.

Three she-oak trees are proposed to be removed at the garage; one she-oak is proposed to be removed at the east end of the dwelling. These sit within a larger cluster and removal will have minimal impact on the whole. A further three she-oaks are proposed to be removed at the location of the shed. Please refer to the landscape documentation prepared by Jardine Johnstone Environment and Planning. Minimal excavation is proposed, being less than 1m. Existing fences are proposed to be retained.

Access to the property will be via the existing crossover on the south boundary. A compacted gravel driveway will provide access to the double garage and double external car spaces.

PROPOSED SITE AREA 6040m2 SITE COVERAGE 404m2 or 6.7% PERMEABILITY 5650m2 or 93.5% GARDEN AREA 5,349m2 or 88.5% FRONT SETBACK 63.25m to dwelling; 23.87m to shed REAR SETBACK 26.48m to dwelling; 17.01m to garden shower enclosure WEST SIDE SETBACK 9.89m EAST SIDE SETBACK 34.925m; 1.035m to shed INTERNAL LAYOUT

Open plan living, dining and kitchen Four bedrooms Five bathrooms Second living and study Attached double garage

PRIVATE OPEN SPACE 5,349m2 CAR PARKING Double garage + double external VEHICLE ACCESS Via the existing crossover

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PLANNING POLICY, ZONES AND OVERLAY RESPONSES

State Planning Policy

Clause 11.03.4S – Coastal Settlement

The objective of this policy is: “To plan for sustainable coastal development.”

The proposal is to replace an older residence, redeveloping an existing residential site. It will provide a more sustainable and considered dwelling, providing greater amenity for the occupants.

Clause 13.02.1S – Bushfire Planning

The objective of this policy is: “To strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life.”

The design will incorporate appropriate measures to meet the required Bushfire Attack Level determined for this property.

Clause 15.01.1S – Urban Design

The objective of this policy is: “To create urban environments that are safe, healthy, functional and enjoyable and that contribute to a sense of place and cultural identity”.

The proposed dwelling is a thoroughly considered and well-articulated design, taking account of the site and its surrounding context. The proposal is positioned within the site to minimise impacts to adjoining properties, whilst maximising the amenity for the new dwelling.

Clause 15.01.2S – Building Design

The objective of this policy is: “To achieve building design outcomes that contribute positively to the local context and enhance the public realm”.

The proposal aims to provide a dwelling that considers the character of the surrounding area and provides a high-quality design and high-quality living for its occupants. The siting of the proposal aims to maximise amenity for the dwelling’s occupants, whilst providing appropriate setbacks to the adjoining properties so as not to impact the surrounds.

Clause 15.01.5S – Neighbourhood character

The objective of this policy is: “To recognise, support and protect neighbourhood character, cultural identity, and sense of place”.

The proposal responds positively to the site and surrounding area, protecting the character of the neighbourhood. It will bring a high-quality design in keeping with more recent construction of the area. The heavily vegetated site will be retained, enhancing the streetscape of this site.

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Clause 15.02-1S - Energy and resource efficiency

The objective of this policy is: “To encourage land use and development that is energy and resource efficient, supports a cooler environment and minimises greenhouse gas emissions.”

The proposal prioritises glazing to Northern solar exposure, while minimising it to the South and East, and none to the West. The walls and roof are extra thick to fit better insulation, the windows double-glazed, and solar absorbing slab is insulated. A low power heat pump hot water system is complemented by a solar panel array on the roof. Highly efficient multi-zone electric air conditioning is offset by the solar energy and ceiling fans in every living space. A 34,000 litre rainwater tank services reticulated toilets and irrigation system.

Local Planning Policy

Clause 21.02.1 – Settlement, Growth of Towns

Sunderland Bay is defined as a “Hamlet: Settlements with low, seasonal population levels, located in a singular urban zone. Generally, no sewer connection or major services, and limited accommodation. High levels of holiday home ownership closer to Melbourne. The expansion and infill capacity of this area must be within existing urban or appropriately zoned land, primarily through infill capacity and defined settlement boundaries.”

The proposal meets this criterion by redeveloping an existing urban site.

Clause 21.02.2 – Housing

The objective of this policy, specifically Strategy 1.3, is: “Discourage increased housing densities in towns without the appropriate infrastructure or services to support such development, or where there are particular environmental or character features, including the townships of Tenby Point, Jam Jerrup, Pioneer Bay, Adams Estate, Harmers Haven, The Gurdies, South Dudley, Mabilia Road Estate in Kilcunda, Silverleaves, Sunset Strip, Wimbledon Heights, Smiths Beach, Sunderland Bay, Surf Beach and Cape Woolamai.”

The proposal meets this criterion by replacing an older dwelling and maintaining the current density.

21.09-4 - Smiths Beach, Sunderland Bay, Sunset Strip, Surf Beach

The objectives of this policy are:

The Smiths Beach, Sunderland Bay Sunset Strip and Surf Beach Structure Plan establishes a clear direction for the future physical form of these estates in both a spatial sense as well as built form, in that it defines a town boundary for residential development. The strategy for these beach settlements is to maintain each estate as a separate entity with its own distinct identity and to increase the level of infrastructure to improve the living environment for these estates.

Settlement

Consolidate development within the township boundaries of each estate identified on the structure plans. Discourage development beyond the existing residential areas of Sunderland Bay, Surf Beach, Sunset Strip and Smiths Beach. Land uses

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Locate commercial, community or residential development on the south west corner of Marlin Street and Smiths Beach Roads at Smiths Beach. Limit floor space for future commercial development on the west side of Smiths Beach and Sunderland Bay to a level to service local community needs.

Environment

Establish wildlife corridors throughout the residential areas where possible linked by existing areas of open space as well as creating a buffer to rural land.

Landscape and built form

Provide high quality residential development that is responsive to the opportunities and constraints of a site and character of the area. Apply the design guidelines of the Phillip Island and San Remo Design Framework. Limit building form to be a maximum of two storey in height (7 metres from natural ground level to top of wall and 8 metres from natural ground level to the ridgeline). Reflect the context of the existing buildings on the street when determining setback requirements. Encourage low front fences to open up the streetscape and allow for visual permeability

The proposal will provide contemporary housing that fits within the neighbourhood character in terms of scale, material use and colouring. A maximum building height of 7.9m above natural ground level is proposed, complying with the requirements of this clause. The dwelling will provide increased amenity for the occupants, capturing all the site has to offer. North facing living rooms and open space are maximised and well as offering views to the ocean.

Clause 22.01 – Stormwater Management Policy

The objectives to this policy are:

- “To incorporate stormwater management considerations in the decision-making for the use and development of land.

- To maintain and enhance stormwater quality introduced to the drainage and waterway environment of the Shire.

- To address priority stormwater threats facing the urban and non-urban areas of the Shire as documented in the Bass Coast Stormwater Management Plan (2003).

- To promote and improve the contribution the drainage system makes in upholding and where possible improving the values of the waterways across the Shire.

- To maintain stormwater flows and discharges at a maximum of the pre-development flow level.

- To maximise the effectiveness of stormwater infrastructure in protecting the waters of Bass Coast Shire.

- To manage flooding and drainage so as to minimise risks to the community and the environment.”

A 34,000L rainwater tank is proposed, collecting all roof stormwater from the dwelling. A separate 20,000L rainwater tank is proposed to be connected to the shed. Both will provide irrigation and toilet flushing. All ground surface stormwater will be directed to an on-site absorption pit, installed in accordance with Council’s standard details.

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Zones

Clause 32.03 – Low Density Residential Zone (LDRZ)

This clause stipulates that a planning permit is not required for the development of a single dwelling, as long as it meets the following:

- Each dwelling must be connected to reticulated sewerage, if available. If reticulated sewerage is not available, all wastewater from each dwelling must be treated and retained within the lot in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.

- Each dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply, with appropriate storage capacity, to the satisfaction of the responsible authority.

- Each dwelling must be connected to a reticulated electricity supply or have an alternative energy supply to the satisfaction of the responsible authority.

This proposal fits within this criterion.

Overlays

Clause 42.04 – Vegetation Protection Overlay, Schedule 2 (VPO2)

A planning permit is required to remove, destroy or lop any vegetation. Three she-oak trees are proposed to be removed at the garage; one she-oak is proposed to be removed at the east end of the dwelling. These sit within a larger cluster and removal will have minimal impact on the whole. A further three she-oaks are proposed to be removed at the location of the shed. Please refer to the landscape documentation prepared by Jardine Johnstone Environment and Planning.

Clause 43.02 – Design and Development Overlay, Schedule 1 (DD01)

- To protect views from the coast to adjacent residential areas. - To protect views to the coast from adjacent residential areas. - To minimise the impact of development along the coastline. - To protect and enhance the visual amenity and landscape of the coastal

area. - To respond to the potential coastal impacts of climate change.

The built form of the surrounding area has a varied style, from older beach shacks to new architectural homes. Low pitched roofs, cladding in varying materials and balconies are all common features. The proposal considers these elements and integrates them into a refined design that will contribute to the neighbourhood.

The double storey design incorporates a maximum height of 7.9m above natural ground level. Although this extends beyond the 7m maximum roof height in the general requirements of this overlay, it is submitted that the design of the dwelling results in a lower overall height that the existing dwelling, creating less visual impact.

Proposed excavation is minimised by stepping the dwelling and associated landscaping with the slope of the land. Filling is also limited through the integration of a stepped floor plan, requiring minimal fill.

The dwelling is setback 63.25m from the road frontage. This large setback limits its visual obtrusiveness within the streetscape. The dwelling is setback 17.01m

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from the rear boundary to the garden shower block and 26.48m to the main dwelling, 9.89m from the western boundary and 34.925m from the eastern boundary. The existing and proposed landscaping will soften and enhance the built form into the site.

The materials proposed are in keeping with many new dwellings in the greater Sunderland Bay and Surf Beach area. Dark and natural timber cladding is offset against feature concrete sheet cladding, all set within a landscaped garden. Materials are of low reflectivity and are easily maintained.

The dwelling will be connected to a reticulated sewerage and will provide onsite absorption of property drainage as required by Council.

An application to construct a dwelling must also meet the requirements of Clause 54 – One dwelling on a lot. See detailed response to these provisions below.

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PARTICULAR PROVISIONS

Clause 54 – One dwelling on a lot

Objective Standard Outcome A1 - Neighbourhood character To ensure that the design respects the existing neighbourhood character or contributes to a preferred neighbourhood character. To ensure that the design responds to the features of the site and the surrounding area.

The design response must be appropriate to the neighbourhood and the site. The proposed design must respect the existing or preferred neighbourhood character and respond to the features of the site

The subject site is within an established residential area. The built form of the surrounding area has a varied style, from older beach shacks to new architectural homes. Low pitched roofs, cladding in varying materials and balconies are all common features. The proposal considers these elements and integrates them into a considered and refined design that will contribute to the neighbourhood.

A2 – Integration with street To integrate the layout of development with the street

Dwellings should be oriented to front existing and proposed streets. High fencing in front of dwellings should be avoided if practicable. Dwellings should be designed to promote the observation of abutting streets and any abutting public open spaces.

Complies The main living spaces of the dwellings are all have dual orientation, allowing views towards the street, as well as northern exposure. The existing front fence is proposed to be retained.

A3 – Street setback To ensure that the setbacks of buildings from a street respect the existing or preferred neighbourhood character and make efficient use of the site.

Walls of buildings should be set back from streets at least the distance specified in a schedule to the zone, or if no distance is specified in a schedule to the zone, the distance specified in Table A1. 1. There is an existing building on

both the abutting allotments facing the same street, and the site is not on a corner

2. There is an existing building on one abutting allotment facing the same street and no existing building on the other abutting allotment facing the same street, and the site is not on a corner.

3. There is no existing building on either of the abutting allotments facing the same street, and the site is not on a corner.

4. The site is on a corner

Complies Given the semi-rural location of this property, adjoining property setbacks are no considered relevant to this proposal. The proposed design sites the new dwelling in a similar location to the existing dwelling, with the street setback being 63.25m.

A4 – Building height To ensure that the height of buildings respects the existing or preferred

The maximum building height should not exceed the maximum height specified in the zone, schedule to the zone or an overlay that applies to the land. If no maximum height is specified in the zone, schedule to the zone or an overlay, the maximum building height

Complies The standard specified within this objective is not applicable due to the DDO1.

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neighbourhood character.

should not exceed 9 metres, unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the maximum building height should not exceed 10 metres. Changes of building height between existing buildings and new buildings should be graduated.

A5 – Site coverage To ensure that the site coverage respects the existing or preferred neighbourhood character and responds to the features of the site.

The site area covered by buildings should not exceed: - The maximum site coverage specified

in a schedule to the zone, or - If no maximum site coverage is

specified in a schedule to the zone, 60 per cent.

Complies Site coverage is 404m2 or 6.7%

A6 – Permeability To reduce the impact of increased stormwater run-off on the drainage system. To facilitate on-site stormwater infiltration.

The site area covered by pervious surfaces should be at least: - - The minimum area specified in a

schedule to the zone; or - If no minimum area is specified in

a schedule to the zone, 20 per cent of the site.

Complies Permeability is 5,349m2 or 93.5%

A7 – Energy efficiency protection To achieve and protect energy efficient dwellings. To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

Buildings should be: - Oriented to make appropriate use of

solar energy. - Sited and designed to ensure that

the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced.

- Sited and designed to ensure that the performance of existing rooftop solar energy facilities on dwellings on adjoining lots.

Living areas and private open space should be located on the north side of the dwelling, if practicable. Dwellings should be designed so that solar access to north-facing windows is maximised.

Complies The siting of the proposed dwelling allows for all living spaces and private open spaces to be oriented to the north, taking advantage of solar gains. The setbacks from boundaries is sufficient so as not to impact the energy efficiency of existing dwellings habitable spaces or any rooftop solar facilities.

A8 – Significant trees To encourage development that respects the landscape character of the neighbourhood.

Development should provide for the retention or planting of trees, where these are part of the neighbourhood character. Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made.

For approval Three she-oak trees are proposed to be removed at the garage; one she-oak is proposed to be removed at the east end of the dwelling. These sit within a larger cluster and

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To encourage the retention of significant trees on the site.

removal will have minimal impact on the whole. A further three she-oaks are proposed to be removed at the location of the shed. Landscaping will be integrated into the design as indicated to help integrate the built form into the character of the area. Please refer to the landscape documentation prepared by Jardine Johnstone Environment and Planning.

A10 – Side and rear setback To ensure that the height and setback of a building from a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

A new building not on or within 200mm of a boundary should be set back from side or rear boundaries: - At least the distance specified in

a schedule to the zone, or - If no distance is specified in a

schedule to the zone, 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres.

Complies West side setback is 9.89m, east side setback is 34.925m and the rear southern setback is 26.48m to the main dwelling. The shed is setback 1.035m from the boundary and complies with the requirements of this clause.

A11 – Walls on boundaries To ensure that the location, length and height of a wall on a boundary respects the existing or preferred neighbourhood character and limits the impact on the amenity of existing dwellings.

A new wall constructed on or within 200mm of a side or rear boundary of a lot or a carport constructed on or within 1 metre of a side or rear boundary of a lot should not abut the boundary: - For a length more than the distance

specified in a schedule to the zone; or

- If no distance is specified in a schedule to the zone, for a length of more than: – 10 metres plus 25 per cent of the remaining length of the boundary of an adjoining lot, or – Where there are existing or simultaneously constructed walls or carports abutting the boundary on an abutting lot, the length of the existing or simultaneously constructed walls or carports, whichever is the greater.

A new wall or carport may fully abut a side or rear boundary where the slope and retaining walls or fences would result in the effective height of the wall or carport being less than 2 metres on the abutting property boundary.

N/A

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A building on a boundary includes a building set back up to 200mm from a boundary. The height of a new wall constructed on or within 200mm of a side or rear boundary or a carport constructed on or within 1 metre of a side or rear boundary should not exceed an average of 3.2 metres with no part higher than 3.6 metres unless abutting a higher existing or simultaneously constructed wall.

A12 – Daylight to existing windows To allow adequate daylight into existing habitable room windows.

Buildings opposite an existing habitable room window should provide for a light court to the existing window that has a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky. The calculation of the area may include land on the abutting lot. Walls or carports more than 3 metres in height opposite an existing habitable room window should be set back from the window at least 50 per cent of the height of the new wall if the wall is within a 55 degree arc from the centre of the existing window. The arc may be swung to within 35 degrees of the plane of the wall containing the existing window. Where the existing window is above ground floor level, the wall height is measured from the floor level of the room containing the window.

Complies Setbacks on both the proposed dwellings and adjoining properties are such that there is no impact on daylight to existing windows.

A13 – North-facing windows To allow adequate solar access to existing north-facing habitable room windows.

If a north-facing habitable room window of an existing dwelling is within 3 metres of a boundary on an abutting lot, a building should be setback from the boundary 1 metre, plus 0.6 metre for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, for a distance of 3 metres from the edge of each side of the window. A north-facing window is a window with an axis perpendicular to its surface oriented north 20 degrees west to north 30 degrees east.

Complies Setbacks on both the proposed dwellings and adjoining properties are such that there is no impact on daylight to existing windows.

A14 – Overshadowing To ensure buildings do not unreasonably overshadow existing secluded private open space.

Where sunlight to the secluded private open space of an existing dwelling is reduced, at least 75 per cent, or 40 square metres with minimum dimension of 3 metres, whichever is the lesser area, of the secluded private open space should receive a minimum of five hours of sunlight between 9 am and 3 pm on 22 September. If existing sunlight to the secluded private open space of an existing dwelling is less than the requirements of this standard, the

Complies Setbacks from adjoining boundaries results no reduction in sunlight to secluded private open space

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amount of sunlight should not be further reduced.

A15 – Overlooking To limit views into existing secluded private open space and habitable room windows,

A habitable room window, balcony, terrace, deck or patio should be located and designed to avoid direct views into the secluded private open space and habitable room windows of an existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio. Views should be measured within a 45 degree angle from the plane of the window or perimeter of the balcony, terrace, deck or patio, and from a height of 1.7 metres above floor level. A habitable room window, balcony, terrace, deck or patio with a direct view into a habitable room window of existing dwelling within a horizontal distance of 9 metres (measured at ground level) of the window, balcony, terrace, deck or patio should be either: - Offset a minimum of 1.5 metres from

the edge of one window to the edge of the other, or

- Have sill heights of at least 1.7 metres above floor level, or

- Have obscure glazing in any part of the window below 1.7 metres above floor level, or

- Have permanently fixed external screens to at least 1.7 metres above floor level and be no more than 25 per cent transparent.

Obscure glazing in any part of the window below 1.7 metres above floor level may be openable provided that there are no direct views as specified in this standard.

Complies The layout of the proposed dwelling and large setbacks from adjoining boundaries result in no overlooking to the neighbours.

A16 – Daylight to new windows To allow adequate daylight into new habitable room windows.

A window in a habitable room should be located to face: - An outdoor space clear to the sky

or a light court with a minimum area of 3 square metres and minimum dimension of 1 metre clear to the sky, not including land on an abutting lot, or

- A verandah provided it is open for at least one third of its perimeter, or

- A carport provided it has two or more open sides and is open for at least one third of its perimeter.

Complies All new windows are setback more than 1m to any boundary and are clear to the sky.

A17 – Private open space To provide adequate private open space for the reasonable recreation and service needs of residents.

A dwelling should have private open space of an area and dimensions specified in a schedule to the zone. If no area or dimensions is specified in a schedule to the zone, a dwelling should have private open space consisting of an area of 80 square metres or 20 per cent of the area of the lot, whichever is the lesser, but

Complies Given the private nature of the site, an area of 5,349m2 is provided as private open space.

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not less than 40 square metres. At least one part of the private open space should consist of secluded private open space with a minimum area of 25 square metres and a minimum dimension of 3 metres at the side or rear of the dwelling with convenient access from a living room.

A18 – Solar access to open space To allow solar access into the secluded private open space of a new dwelling.

The private open space should be located on the north side of the dwelling, if practicable. The southern boundary of secluded private open space should be set back from any wall on the north side of space at least 2m + 0.9 x wall height.

Complies Private open space is located on all sides of the proposed dwelling, with a large portion being on the north.

A19 – Design details To encourage design detail that respects the existing or preferred neighbourhood character.

The design of buildings, including: - Facade articulation and detailing, - Window and door proportions, - Roof form, and - Verandahs, eaves and parapets, should respect the existing or preferred neighbourhood character. Garages and carports should be visually compatible with the development and the existing or preferred neighbourhood character

Complies The L-shaped plan provides façade articulation, whilst the low angled roofs and materiality reference both the old and new dwellings of the area. The garage is incorporated into the footprint of the dwelling, integrating it into the design.

A20 – Front fences To encourage front fence design that respects the existing or preferred neighbourhood character.

The design of front fences should complement the design of the dwelling and any front fences on adjoining properties. A front fence within 3 metres of a street should not exceed: - The maximum height specified in a

schedule to the zone, or - If no maximum height is specified

in a schedule to the zone, the maximum height specified in Table A2.

Complies The existing front fence is proposed to be retained.

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CONCLUSION

The proposal presented is considered as having a high level of compliance with the objectives of the Bass Coast Shire Planning Scheme and is consistent with the objectives of the zones and overlays relevant to the site. In conclusion, the proposal is considered to:

- Provide a considered and refined design that will complement and enhance the surrounding area.

- Be of an appropriate height and scale to integrate with the surrounding environment.

- Have external materials selected to fit into the surrounding area and the evolving character.

- Incorporate generous areas of open space, allowing for various landscaping features to soften the appearance of the built form.

- Result in no loss of amenity for the neighbouring properties.

It is therefore submitted that a permit be issued for the proposal.

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APPENDIX 1 - TITLE

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VOLUME 11028 FOLIO 019 Security no : 124087095417W Produced 11/12/2020 01:37 PM

LAND DESCRIPTION

Lot 1 on Plan of Subdivision 536177U.PARENT TITLE Volume 10019 Folio 856Created by instrument PS536177U 11/09/2007

REGISTERED PROPRIETOR

Estate Fee SimpleJoint Proprietors KAREN MARIE FRAZIER WALSH DAVID WILLIAM WALSH both of 3 ZEPHYR COURT SUNDERLAND BAY VIC 3922 AR343086D 13/08/2018

ENCUMBRANCES, CAVEATS AND NOTICES

MORTGAGE AR343087B 13/08/2018 WESTPAC BANKING CORPORATION

Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below.

AGREEMENT Section 173 Planning and Environment Act 1987 AD624999L 18/05/2005

DIAGRAM LOCATION

SEE PS536177U FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL

------------------------END OF REGISTER SEARCH STATEMENT------------------------

Additional information: (not part of the Register Search Statement)

Street Address: 3 ZEPHYR COURT SUNDERLAND BAY VIC 3922

ADMINISTRATIVE NOTICES

NIL

eCT Control 16320Q WESTPAC BANKING CORPORATIONEffective from 13/08/2018

DOCUMENT END

Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for thepurposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGDTM System. None of the State of Victoria, LANDATA REGD TM System, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry ServicesTrust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information.

REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act 1958

Page 1 of 1

Title 11028/019 Page 1 of 1

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Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Victorian Land Registry Services.

Document Type Plan

Document Identification PS536177U

Number of Pages

(excluding this cover sheet)

1

Document Assembled 11/12/2020 13:39

Copyright and disclaimer notice:© State of Victoria. This publication is copyright. No part may be reproduced by any process exceptin accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at thetime and in the form obtained from the LANDATA® System. None of the State of Victoria,LANDATA®, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for theVictorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for anysubsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

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Page 25: PLANNING APPLICATION NEW RESIDENTIAL BUILDING …

APPENDIX 2 – CULTURAL HERTIAGE MANAGEMENT PLAN

Page 26: PLANNING APPLICATION NEW RESIDENTIAL BUILDING …

Process List

QUESTION ANSWER

Question 1 Is the proposed activity , or all the proposed activities, exempt? Yes

Answer: ON THE BASIS OF THE ANSWERS YOU HAVE ENTERED

YOU ARE NOT REQUIRED BY THE REGULATIONS TO PREPARE A CULTURAL HERITAGE MANAGEMENT PLAN

FOR THIS PROJECT

This process list is for information purposes only; the result must not be relied upon by a statutory authority in deciding whether a cultural heritage management plan is required for a proposed activity.

Project Name:

Project Location:

Date:

Zephyr Crt

Sunderland Bay

01-Dec-2020

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DRAWINGS

T0.00 Cover Page

T0.01 Survey

T0.02 Context, Permeability, Shadows + Coverage

T1.00 Ground Floor Plan

T1.01 First Floor Plan

T1.02 Roof Plan

T1.03 Landscape

T2.00 Elevations

T3.00 Sections

T4.00 Demolition

T5.00 Materials