21 Murchison Street St Kilda East - City of Port Phillip

STATUTORY PLANNING COMMITTEE
17 APRIL 2012
20. In this instance, it is evident that the Planning Scheme does not ascribe any
heritage significance to the ‘backyard realm’. I acknowledge that this differs from
how the residents perceive the heritage character of their neighbourhood, where
they attach significance to not only what is visible in the street, but also to what is
seen from within the sites themselves. To the residents, the setting of the
dwellings within this area is an equally important contributor to the area’s heritage
value as the dwellings’ presentation in the streetscape. They place significance on
the setbacks from the boundaries, the ‘green spine’ that is created by the
contiguous rear yard areas, the obvious presence of vegetation and the prevailing
sense of openness, which is enhanced by the low profile nature of the dwellings
and their additions.
21. The residents’ submissions emphasised the development’s impact on the
character of the neighbourhood and on the amenity of the adjoining properties.
However, I am not able to take either of these matters into account in determining
this Application, as they are not heritage considerations. To do so would be for
me to step outside of the ambit of discretion afforded by the relevant planning
permit trigger - in this case the Heritage Overlay control. This course of action is
not lawfully open to me.
22. I acknowledge that Clause 21.05-5 of the MSS (Heritage) includes a strategy that
development integrates respectfully and harmoniously with the neighbourhood
character. Given this forms part of the policy context relating to the municipality’s
heritage, I consider that the reference to neighbourhood character in Clause
21.05-5 should be properly read and understood within the heritage context of a
site. In turn, this should be informed by the relevant Statement of Significance
which identifies the reasons for the area’s inclusion within the Heritage Overlay.
23. I consider that in the circumstances of this application, the ‘neighbourhood
character’ referred to in that Clause is confined to the streetscape, as it is from this
context that the area derives its heritage significance. In my view, it should not be
read as being the broader neighbourhood character one would consider when
undertaking an assessment under Clause 55.02 [otherwise known as ResCode],
for example.
24. On this basis, what I am required to do is determine whether the proposed addition
will have an unacceptable impact on the Murchison Street streetscape.
Having established that objector’s primary concerns relating to the character of the
‘backyard realm’ or the residential amenity of surrounding properties cannot be lawfully
considered, the Member then identified why the proposed three-storey rear addition
would not successfully integrate with the heritage significance of the Murchison Street
streetscape (with underline emphasis added by the report author):
26. I have not been persuaded that the proposed addition is an acceptable response
to this heritage area, either as proposed, or with the suggested modifications to
comply with PM1. There are three key elements of the physical context that, in my
opinion, would result in the development impacting unacceptably on the heritage
streetscape. These are:
The site’s position at the southern termination of the Murchison Street
‘dogleg’. It is in direct view as one proceeds south along this section of the
street before turning west to continue toward Alexandria Street. Indeed, it is
the most prominent dwelling as one turns the corner. The view of the
proposed addition is not confined to the northern and southern sides of
Murchison Street in the vicinity of the review site. From these locations, the
width of the street, the siting of the dwelling and the angles of view in
combination act to restrict the addition’s visibility. The view from the ‘dogleg’
is greater than would be the case if Murchison Street simply continued its
alignment from Alexandria Street through to Lansdowne Road without
changing direction to proceed northward in this location.
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