Professional Documents
Culture Documents
2.
2.1
Document Information
Author
Responsible
Director
Summary/Purpose
Application details:
Application No:
DS/100/2016
Applicant:
Tomkinson Group
Land:
Zoning:
Overlays:
None
No. of objections:
3 and a petition
Consultation
meeting:
Key considerations:
Conclusion:
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Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Planning for Growth
Housing options provide broader choice in order to meet current and future
community expectations and needs.
Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
Report
Subject Site and Surrounds
The site consists of one land parcel with an area of 2.7 hectares. It contains a single
storey, weatherboard dwelling and garage (for which a demolition permit has been
issued), remnant vegetation as well as some exotic plantings and two dams. A drainage
line runs in a north south direction through the site.
The site has a frontage of 43 metres to High Street and 15 metres to Kingerlee Drive, but
otherwise abuts residential land on all sides. Access to the site is currently via the High
Street service road.
The surrounding area comprises residential development, with a range of lot sizes,
housing styles and eras. The adjoining land to the north is developed with 22 units and a
community centre, while the abutting land on High Street is developed with single storey
weatherboard and brick dwellings generally dating from the 1950s to 1970s. The abutting
land to the west on Elvey Drive is developed with single storey detached brick dwellings
dating to the 1990s onwards.
A planning permit (DS/63/2013) has issued for a 61 lot subdivision of adjoining land to
the east, known as 340A High Street, Kangaroo Flat. This subdivision is currently under
construction. A planning permit application (DS/3/2016) for a 20 lot subdivision of 7
Clarcoll Crescent, Kangaroo Flat is currently being considered by the City.
The subject site is located approximately 2 kilometres south of the Kangaroo Flat activity
centre, and 5.3 kilometres from the Bendigo city centre.
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Figure 1: Location map showing subject site. Individual objectors properties marked with a star.
Proposal
The proposal is for a 34 lot subdivision and the removal of native vegetation. All native
vegetation will be deemed to be lost as a result of the subdivision. A new road is
proposed to provide access to the site off both High Street and Kingerlee Drive. All the
lots created by the subdivision will front the proposed internal roads.
A 1,072 square metre reserve for drainage purposes is proposed to be provided along
the northern boundary of the site.
The proposed lots will range from 425 to 787 square metres in size, with the average lot
size being 571 square metres.
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A walkway is proposed along the southern boundary of the site which will provide
pedestrian access from High Street to the subject land, the adjoining subdivision and
existing residential developments.
Existing drainage easements are proposed to be removed and replaced with new
easements, as shown on the plan below. All the lots in the subdivision will be fully
serviced by reticulated water, sewerage and electricity.
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11
11.05
11.12
12.01
15.01
15.02
15.03-2
16.01
18.02
19.03
Settlement
Regional development
Loddon Mallee South Regional Growth
Biodiversity
Urban environment
Sustainable development
Aboriginal Cultural Heritage
Residential development
Movement networks
Development infrastructure
21.05
21.06
21.08
21.10
Settlement
Housing
Environment
Reference documents
Other Provisions
32.08
52.01
52.17
56
65
Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral
Comment
Powercor
Coliban Water
Downer Utilities
NCCMA
No objection, no conditions.
VicRoads
No objection, no conditions.
Department
of No objection, subject to conditions.
Environment, Land, Water
and Planning
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Referral
Comment
Drainage
Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.
As a result of advertising, 3 objections and a petition containing 98 signatures were
received. A consultation meeting was held with 2 of the objectors, however their
concerns were not able to be resolved. The grounds of objection are:
Land was intended to be used as a wildlife reserve and not be developed.
Concern about loss of native vegetation and impact on habitat for wildlife.
Concerns about flooding and drainage.
Traffic impacts, including access via High Street.
Concerns about amenity impacts including privacy impacts and potential for
overlooking if two storey dwellings are constructed on the land, and an increase in
traffic and noise.
Concerns about the protection of Aboriginal cultural heritage.
Proposal will only comply with the minimum requirements of Rescode.
The objections are discussed in the assessment below.
Planning Assessment
State Planning Policies
The State Planning Policies which are relevant to this application are previously identified
in this report.
Clause 11 (Settlement) states that planning is to anticipate and respond to the needs of
existing and future communities through provision of zoned and serviced land for
housing, employment, recreation and open space, commercial and community facilities
and infrastructure. It also states that planning is to facilitate sustainable development that
takes full advantage of existing settlement patterns, and investment in transport and
communication, water and sewerage and social facilities. The proposal supports these
objectives.
Clause 11.05-4 (Regional planning strategies and principles) aims to promote the
sustainable growth and development of regional Victoria through a network of
settlements identified in the Regional Victoria Settlement Framework plan. One of the
strategies is to direct urban growth into the major regional cities, including Bendigo.
Clause 11.12 (Loddon Mallee South Regional Growth Plan) identifies Bendigo as a
regional city and strategies include supporting Bendigo as the major population and
growth hub for the region, and facilitating increased commercial and residential densities,
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mixed use development and revitalisation projects for underutilised sites and land in
Bendigo.
The proposed subdivision will support the demand for housing as a result of population
growth in the municipality.
Clause 12.01 (Biodiversity) relates to the protection of Victorias biodiversity and native
vegetation management, with the objective of Clause 12.01-2 (Native vegetation
management) being to ensure that permitted clearing of native vegetation results in no
net loss in the contribution made by native vegetation to Victorias biodiversity.
Native vegetation on the site will be deemed as lost as a result of this proposal, however
it will be appropriately offset, with permit conditions outlining offset requirements.
The importance of energy and resource efficiency is referenced in Clause 15.02
(Sustainable development). The proposal will make efficient use of existing utilities and
public transport networks, and will provide for sufficient solar access for new dwellings.
Clause 15.01 (Urban environment) contains objectives and strategies relating to the
design of subdivisions which achieve attractive, liveable, walkable, cyclable, diverse and
sustainable neighbourhoods. The proposal will contribute to a livable and sustainable
community through the provision of a range of lot sizes, and it will support existing
activity centres and public transport networks.
Clause 15.03-2 (Aboriginal Cultural Heritage) has the objective of ensuring the protection
and conservation of places of Aboriginal cultural heritage significance. In this case, the
site is not within a mapped area of cultural heritage significance; as such a Cultural
Heritage Management Plan is not required to be prepared.
Clause 16.01 (Residential development) promotes a diverse range of housing that meets
community needs in locations that offer good access to services and transport and that is
energy efficient.
The subdivision of the site into 34 lots will support an increased residential density which
can be appropriately facilitated through the provision of services and infrastructure. The
subdivision will increase the availability of housing in an established part of Kangaroo
Flat. The site is well serviced by public transport, as bus routes 5 and 55 are located on
High Street, with connections to the Kangaroo Flat Railway Station and other facilities
and services in the vicinity including Lansell Square shopping centre, the Kangaroo Flat
activity centre on High Street, a number of schools, kindergarten and childcare, and open
spaces for passive and active recreation.
Clause 18.02 (Movement networks) promotes sustainable personal transport, cycling
and public transport. The proposal supports these policies as the site is well located to
take advantage of existing public transport, and the subdivision will provide for a
pedestrian link and footpaths.
Clause 19.03 (Development infrastructure) identifies the need to provide for social and
physical infrastructure in a way that is efficient, equitable, accessible and timely, and
encourages the efficient use of existing infrastructure and services. The site is located in
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an area which can be fully serviced by utilities and is within proximity to a range of
established social infrastructure.
Local Planning Policies
Clause 21.05 (Settlement) and Clause 21.06 (Housing) within the Municipal Strategic
Statement (MSS) are supported by a residential development strategy which advocates
for urban consolidation. Clause 21.08 (Environment) recognises the importance of Box
Ironbark forests in the municipality. This clause notes that heavily forested areas along
with areas of native vegetation on roadsides and waterways, provide an important
framework of remnant habitat and wildlife corridors surrounding Bendigo.
The land is zoned General Residential and is located within the Urban Growth Boundary.
The proposal meets the overarching objectives of both the Bendigo Residential
Development Strategy (2004) and the Greater Bendigo Residential Development
Strategy (2014) as it provides for urban consolidation in an area which has good access
to local services and facilities.
A key component of the adopted Greater Bendigo Residential Development Strategy
(2014), which will be introduced into the Planning Scheme via Amendment C215, is to
implement the concept of 10 minute neighbourhoods around activity centres. The
proposal is consistent with this principle as shown on the locality plan below.
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The site is located within the southern part of the study area within the adopted
Kangaroo Flat South Regional Centre Structure Plan (2006), a high level strategic plan
which is listed as a reference document at Clause 21.10 of the MSS. The Structure Plan
shows the site and surrounding land being in an area designated for landscape sensitive
residential low density development. A new road connection is shown off High Street,
which is consistent with the proposed new access.
It is noted that the proposed subdivision will create a development at a higher density
than suggested by the Plan. The adjoining land to the west of the subject site will also be
subdivided at a more conventional density. The native vegetation that exists on the site is
not deemed to be of high quality or high conservation significance and its biodiversity
value would be lost even if the land was developed at a lower density, and appropriate
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drainage for the site can be achieved. The land is zoned General Residential Zone and is
not subject to any environmental or landscape overlays. The site is well located in terms
of proximity to services and facilities in Kangaroo Flat. Therefore, there is no reason to
require that the land be developed at a lower density than that which has been proposed,
and the proposal is consistent with the established neighbourhood character.
General Residential Zone
The purpose of the General Residential Zone includes:
To encourage development that respects the neighbourhood character of the area.
To implement neighbourhood character policy and adopted neighbourhood character
guidelines.
To provide a diversity of housing types and moderate housing growth in locations
offering good access to services and transport.
The site is appropriately zoned to cater for residential development at the scale and
density proposed in this application. There is no applicable residential character policy
for this area, however lot sizes in the immediate area generally range in size between
500 and 800 square metres. The lots are principally developed with single storey,
detached dwellings with associated outbuildings. The proposed subdivision will provide
for lots of similar sizes, with the average lot size being 571 square metres. The site is
well located in terms of access to services and transport, as noted previously.
Compliance with Rescode (Clause 56)
The application has been assessed against all the relevant objectives and standards of
Clause 56 and is deemed to comply.
Clause 56.01-1 Subdivision site and context description
The application was accompanied by a written statement describing how the subdivision
is consistent with and implements the policies in the planning scheme.
Clause 56.01-2 Subdivision design response
The layout of the subdivision responds to the surrounding area, responds to planning
policies within the Planning Scheme and complies with the relevant requirements of
Clause 56.
Clause 56.02-1 Strategic implementation
As noted previously, the proposal supports the objectives of the Citys Greater Bendigo
Residential Development Strategy (2014). The proposal will make efficient use of an
under-utilised residential zoned parcel within the Citys Urban Growth Boundary, which is
able to be fully serviced.
The subdivision will provide for 34 new dwellings in a location that is well placed to take
advantage of a range of existing services and community facilities. Nearby facilities
include Lansell Square Shopping Centre and the activity centre on High Street, primary
schools, a secondary school and active recreation facilities at Dower Park Recreation
Reserve, passive recreation opportunities along the Bendigo Creek, Crusoe Reservoir
and the Bendigo Regional Park. Public transport is available via a bus route on High
Street and the Kangaroo Flat Railway Station.
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Conclusion
The application seeks approval for the subdivision and development of land within an
established residential area of Kangaroo Flat.
The subdivision has been designed to take into consideration the layout and context of
the site, including the established pattern of development.
While the lot sizes are smaller than those currently developed in the area, this is not
considered to be unreasonable as it contributes to diversity.
Vehicle access to and from the site will be provided via two new entrances off a service
road on High Street and Kingerlee Drive. The access arrangements and impact on traffic
have been assessed by the City of Greater Bendigos Traffic Engineers and VicRoads
and comply with the relevant standards.
Overall it is considered the proposal appropriately complies with the requirements of the
Greater Bendigo Planning Scheme.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.
Attachments
Objections
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to issue a Notice of Decision to Grant a Permit for a 34 lot
subdivision, removal of native vegetation, variation of easements and alteration of
access to a road in a Road Zone Category 1at 316-318 High Street, KANGAROO FLAT
subject to the following conditions:
1.
PLANS TO BE ENDORSED
The plans to be endorsed and which will then form part of the permit are the
plans submitted with the application.
2.
LAYOUT PLANS
The subdivision, as shown on the endorsed plans, must not be altered without
the prior written consent of the responsible authority.
3.
PROVISION OF SERVICES
The owner of the land must enter into agreements with the relevant authorities
for the provision of water supply, drainage, sewerage facilities, electricity and
gas services to each lot shown on the endorsed plan in accordance with the
authorities requirements and relevant legislation at the time.
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4.
EASEMENTS
All existing and proposed easements and sites for existing and required utility
services and roads must be set aside in favour of the relevant authority for
which the easement or site is to be created on the plan of subdivision
submitted for certification under the Subdivision Act 1988.
5.
REFERRAL OF PLAN
The plan of subdivision submitted for certification under the Subdivision Act
1988 must be referred to the relevant authority in accordance with section 8 of
that Act.
6.
7.
STAGED SUBDIVISION
The subdivision must proceed in the order of stages as shown on the endorsed
plan unless otherwise agreed in writing by the responsible authority.
8.
LANDSCAPE PLAN
Before a statement of compliance is issued for each stage of the subdivision a
landscape plan to the satisfaction of the responsible authority must be
submitted to and approved by the responsible authority for the relevant stage.
When approved, the plan will be endorsed and then form part of the permit.
9.
COMPLETION OF LANDSCAPING
Before a statement of compliance is issued for each stage of the subdivision
the landscaping works shown on the endorsed must be carried out and
completed for that stage to the satisfaction of the responsible authority.
10.
LANDSCAPING MAINTENANCE
The landscaping works shown on the endorsed plans must be maintained to
the satisfaction of the responsible authority for 12 months after the works are
completed, including that any dead, diseased or damaged plants are to be
replaced.
ENGINEERING CONDITIONS:
11.
DETAILED DRAINAGE
Before the plan of subdivision is certified under the Subdivision Act 1988, plans
to the satisfaction of the responsible authority must be submitted to and
approved by the responsible authority. When approved, the plans will be
endorsed and then will form part of the permit. The plans must be drawn to
scale with dimensions. The plans must include:
(a) Direction of stormwater run off.
(b) A point of discharge for each lot.
(c) Independent drainage for each lot.
(d) Stormwater detention: allowable discharge
Q5 =
165 l/s
Q100 = 420 l/s
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DRAINAGE WORKS
Prior to the issue of the statement of compliance for the subdivision, drainage
works must be constructed in accordance with plans approved by the
responsible authority.
13.
CONSTRUCTION OF WORKS
Road works, drainage and other civil works must be constructed in accordance
with the City of Greater Bendigo Infrastructure Design Manual and plans and
specifications approved by the responsible authority and must include:
(a) Fully sealed pavement with kerb and channel
(b) Drainage
(c) Footpaths and/or shared pedestrian/bicycle paths (if required)
(d) Indented car parking and/or bus parking bays (if required)
(e) Underground conduits for water, gas, electricity and telephone
(f) Appropriate intersection and traffication measures.
(g) Appropriate street lighting and signage;
(h) High stability permanent survey mark (if required).
14.
PUBLIC ASSETS
Before the development starts, the owner or developer must submit to the
responsible authority a written report and photos of any prior damage to public
infrastructure. Listed in the report must be the condition of kerb and channel,
footpath, seal, street lights, signs and other public infrastructure fronting the
property and abutting at least two properties either side of the development.
Unless identified with the written report, any damage to infrastructure post
construction will be attributed to the development. The owner or developer of
the subject land must pay for any damage caused to any public infrastructure
caused as a result of the development or use permitted by this permit.
15.
16.
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18.
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(h)
(i)
(j)
(k)
19.
TELECOMMUNICATIONS
(a) The owner of the land must enter into an agreement with:
A telecommunications network or service provider for the provision of
telecommunication services to each lot shown on the endorsed plan in
accordance with the providers requirements and relevant legislation at
the time; and
A suitably qualified person for the provision of fibre ready
telecommunication facilities to each lot shown on the endorsed plan in
accordance with any industry specifications or any standards set by the
Australian Communications and Media Authority, unless the applicant
can demonstrate that the land is in an area where the National
Broadband Network will not be provided by optical fibre.
(b) Before the issue of a Statement of Compliance for any stage of the
subdivision under the Subdivision Act 1988, the owner of the land must
provide written confirmation from:
A telecommunications network or service provider that all lots are
connected to or are ready for connection to telecommunications
services in accordance with the providers requirements and relevant
legislation at the time; and
A suitably qualified person that fibre ready telecommunication facilities
have been provided in accordance with any industry specifications or
any standards set by the Australian Communications and Media
Authority, unless the applicant can demonstrate that the land is in an
area where the National Broadband Network will not be provided by
optical fibre.
20.
21.
NOTE:
To assist applicants meet permit condition requirements, Meeting permit conditions
third party offsets Fact sheet (DEPI 2013) and First party general offset kit (DEPI 2013)
are available, Please visit www.depi.vic.gov.au/nativevegetation for further information
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