21 Murchison Street St Kilda East - City of Port Phillip

STATUTORY PLANNING COMMITTEE
17 APRIL 2012
at 23 Murchison Street. Therefore, the proposed rear addition would also meet the
relevant tests set out in Martin v Port Phillip CC.
In summary, the proposal would respect, complement and sympathise with the subject
building, the Murchison Street streetscape and the HO391 as a whole.
8.6. ESD / WSUD Policy Assessment
Clause 21.03-1 Environmentally Sustainable Land Use and Development seeks to
encourage resource-efficient design, material selection and construction techniques that
minimise negative and maximise positive environmental impacts. No information was
submitted with the application detailing the environmentally sustainable design initiatives
proposed to be incorporated within the rear addition. Therefore, it is appropriate to
include a condition on any permit to be granted to ensure that the proposal would
achieve this high priority requirement (refer recommended Condition 7).
In addition, proposed Clause 21.12 Stormwater Management (Water Sensitive Urban
Design) – pursuant to the “seriously-entertained” Amendment C78 –applies to
applications for “extensions to existing buildings which are 50 square metres in floor area
or greater.” The proposal includes the provision of an above-ground 2000L rainwater
tank (refer to ‘Ground Floor Plan’ TP09 and ‘South Elevation’ TP10) that would collect
rainwater for further reuse and recycling. This would comply with the relevant objectives
of proposed Clause 22.12.
9. COVENANTS
9.1. The applicant has completed a restrictive covenant declaration form declaring that there
is no restrictive covenant on the title for the subject site known as Lot 1 of Title Plan
945599W [Parent Title Volume 4665 Folio 928].
10. OFFICER DIRECT OR INDIRECT INTEREST
10.1. No officers involved in the preparation of this report have any direct or indirect interest in
the matter
11. OPTIONS
11.1. Approve as recommended
11.2. Approve with changed or additional conditions
11.3. Refuse - on key issues
12. CONCLUSION
12.1. A planning permit is only required pursuant to Clause 43.01-1 of the Heritage Overlay.
Therefore, Council’s ‘ambit of discretion’ in this application is exclusively limited to the
impact that the proposed development would have on the heritage characteristics of the
Murchison Street streetscape. It is not possible to consider the character of the
‘backyard realm’ or the residential amenity of surrounding properties as confirmed by the
previous Tribunal decision relating to this site.
12.2. The proposed development would be consistent with heritage objectives expressed
within the State Planning Policy Framework. It would also comply with the City of Port
Phillip’s Local Planning Policy Framework, in particular the guidelines for ‘Additions and
or Alterations to Heritage Places’ outlined in Clause 22.04-3 of Council’s Heritage Policy.
12.3. The proposal would adhere with the relevant heritage considerations identified by the
Tribunal in Martin v Port Phillip CC [2011] VCAT 787.
12.4. Subject to the conditions as noted, it is recommended that a Notice of Decision to Grant
a Permit be issued.
13. RECOMMENDATION – NOTICE OF DECISION
13.1. That the Responsible Authority, having caused the application to be advertised and
having received and noted the objections, issue a Notice of Decision to Grant a Permit.
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