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21 Murchison Street St Kilda East - City of Port Phillip

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STATUTORY PLANNING COMMITTEE<br />

17 APRIL 2012<br />

6.2. External Referrals<br />

The application was not required to be referred to any external referral authorities.<br />

7. PUBLIC NOTIFICATION / OBJECTIONS<br />

7.1 It was determined that the proposal may result in material detriment therefore Council<br />

gave notice <strong>of</strong> the proposal by ordinary mail to the owners and occupiers <strong>of</strong> surrounding<br />

properties and directed that the applicant give notice <strong>of</strong> the proposal by posting one<br />

notice on the site facing <strong>Murchison</strong> <strong><strong>St</strong>reet</strong> for a minimum 14 day period, in accordance<br />

with s.52 <strong>of</strong> the Planning and Environment Act 1987.<br />

In response, 46 objections were received. The key concerns are summarised as follows<br />

followed by the planning <strong>of</strong>ficer’s comments in italics:<br />

<br />

<br />

<br />

<br />

<br />

Issues raised by VCAT in order no. P3174/2010 have not been adequately<br />

addressed.<br />

This particular matter is further discussed at Sections 8.1, 8.4 and 8.5 later in this<br />

report.<br />

The height, scale and massing <strong>of</strong> the rear addition would be disproportionate with<br />

the low-rise character <strong>of</strong> neighbouring dwellings.<br />

The position <strong>of</strong> the rear addition would not respect the backyard garden character<br />

<strong>of</strong> the area or the rear open space corridor.<br />

The rear addition would present excessive site coverage and inadequate<br />

permeability.<br />

The upper storey walls <strong>of</strong> the rear addition would be inadequately setback from<br />

adjoining property boundaries.<br />

The rear addition would impact upon neighbouring amenity in terms <strong>of</strong><br />

overshadowing, overlooking and building bulk.<br />

The abovementioned grounds relate to ResCode which does not apply to this<br />

application. Therefore, these objections cannot be considered.<br />

As the only trigger for this planning permit application results from the<br />

requirements <strong>of</strong> Clause 43.01-1 <strong>of</strong> the Heritage Overlay, the only valid grounds<br />

that can be applied to this application are those which relate to whether the<br />

proposed rear addition would be in keeping with the heritage character <strong>of</strong> the<br />

<strong>Murchison</strong> <strong><strong>St</strong>reet</strong> streetscape.<br />

The sides <strong>of</strong> the rear addition would be visible from <strong>Murchison</strong> <strong><strong>St</strong>reet</strong> and would<br />

adversely affect the significance <strong>of</strong> the heritage streetscape and adjacent heritage<br />

places.<br />

This particular matter is further discussed at Section 8.5 later in this report.<br />

The rear addition would not be energy efficient and would not achieve benchmarks<br />

for water sensitive urban design.<br />

This particular matter is further discussed at Section 8.6 later in this report.<br />

The double-hinged driveway gate and 2.1m high side gate would adversely affect<br />

the heritage significance <strong>of</strong> the streetscape.<br />

Although these particular buildings and works are represented on the ‘Proposed<br />

Lower Ground Floor Plan’ TP09 and the ‘North Elevation’ TP10 as being “new”,<br />

they have already been approved (Planning Permit No. 984/2011). An inspection<br />

<strong>of</strong> the subject site indicates that these approved buildings and works are currently<br />

underway.<br />

To avoid future confusion, the labels associated with these buildings and works –<br />

and indeed any other buildings and works authorised by Planning Permit No.<br />

984/2011 – should be altered as they are represented on the design<br />

documentation associated with this application (refer recommended Condition 1a).<br />

16

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