Minutes of Urban Planning Committee Meeting - 25 July 2012

MINUTES OF THE URBAN PLANNING COMMITTEE MEETING 

HELD AT THE COUNCIL CHAMBER, MORELAND CIVIC CENTRE, 

90 BELL STREET, COBURG 

ON WEDNESDAY 25 JULY 2012 

The meeting commenced at 6.10 pm 

Appointment of Temporary Chairperson 

Cr Matthews-Ward moved, Cr Connellan seconded that - 

Cr Helou be appointed as Temporary Chairperson. 

Cr Helou assumed the Chair. 

PRESENT: 

Cr Alice Pryor (Chairperson) (6.12 pm), Cr Jo Connellan, Cr Anthony Helou JP, 

Cr Stella Kariofyllidis, Cr Kathleen Matthews-Ward, Cr Michael Teti (6.19pm), 

Cr Lenka Thompson 

Carried 

APOLOGIES: 

Leave of absence has been granted to: 

Cr. Erdogan - 6 July 2012 to 31 July 2012 inclusive 

Cr Tapinos. 

Cr Matthews-Ward moved, Cr Connellan seconded that the apologies for Cr Tapinos be 

accepted. 

Carried 

OBSERVERS: 

Cr John Kavanagh 

OFFICERS: 

Group Manager City Development – Phillip Priest 

Planning Co-ordinator - Mark Hughes 

Planning Co-ordinator - Narelle Jennings 

Senior Urban Planner - Niall O’Brien 

Senior Urban Planner - Emma Moffatt 

Senior Urban Planner - Nikolas Muhllechner 

Manager Governance - Lidia Harding 

Minutes of the Urban Planning Committee Meeting held on 25 July 2012 (D12/170169) 1

CONFIRMATION OF MINUTES: 

Cr Connellan moved, Cr Kariofyllidis seconded that - 

The minutes of the Urban Planning Committee Meeting held on 27 June 2012 be confirmed. 

INTERESTS AND/OR CONFLICT OF INTERESTS: 

Nil. 

COMMITTEE REPORTS: 

DED66/12 269-275 MORELAND ROAD COBURG - PLANNING PERMIT 

APPLICATION MPS/2011/967 (D12/101037) 

The application seeks approval for buildings and works to extend the existing hospital, 

including a four level extension facing Glencairn Avenue with ground level car parking, a 

four-storey multi-deck car park facing Jessie Street and alterations to access to a Road 

Zone, Category 1. 

Carried 

The application was advertised and 88 objections were received. The main issues raised in 

objections relate to car parking, access and traffic, off-site amenity impacts, built form, 

neighbourhood character, heritage, land use and landscaping. A public consultation 

meeting was held on 28 May 2012. No consensus was reached. The report details the 

assessment of the application against the policies and provisions of the Moreland Planning 

Scheme. 

The Group Manager City Development is recommending the issue of a Notice of Decision to 

Grant a Planning Permit for buildings and works to extend the existing hospital, including a 

four level extension facing Glencairn Avenue with ground level car parking, a four-storey 

multi-deck car park facing Jessie Street and alterations to access to a Road Zone, 

Category 1 at 269-275 Moreland Road, Coburg, in the North-East Ward. 


The Urban Planning Committee resolve: 

That a Refusal to Grant a Planning Permit No. MPS/2011/967 be issued for the buildings 

and works to extend the existing hospital, including a four level extension facing Glencairn 

Avenue to the existing hospital building with ground level car parking and a four-storey multideck 

car park facing Jessie Street, and alterations to access to a Road Zone, Category 1 at 

269-275 Moreland Road, Coburg on the following grounds of refusal: 

1. The car parking provision is not sufficient for the expanded hospital use and is not to 

Council’s satisfaction. 

2. Loading and unloading arrangements have not been adequately addressed for the 

expanded use. 

3. Increased traffic movements as a result of the expanded hospital use will cause an 

unreasonable impact on local residential streets, including Glencairn Avenue and 

Jessie Street. 

Carried Unanimously 

DED67/12 99, 99A & 99B LYGON STREET, BRUNSWICK EAST - APPLICATION TO 

AMEND PLANNING PERMIT MPS/2008/440/B (D12/147995) 

The application seeks an amendment to Planning Permit MPS/2008/440/A to allow the use 

of the land to sell and consume liquor (cafe and restaurant licence), a reduction of the car 

parking, bicycle parking and loading bay requirements in association with the use of the land 

as a restaurant and associated building and works. The proposed amendment seeks 

approval for: 


• The inclusion of 99B Lygon Street, Brunswick East as part of the use. 

• Buildings and works, including works to construct a roof deck 

• An increase in the licensed area to include the land at 99B Lygon Street and the first 

floors of all buildings 

• An increase in the total number of patrons from 150 to 360 

• A reduction in the car parking requirement 

• A reduction in the bicycle parking requirement 

• A reduction in the loading bay requirement 

The application was advertised and 43 objections were received including 4 proforma 

objections. The main issues raised in objections are noise, parking, unruly behaviour of 

patrons, implications of additional staff, waste management, overdevelopment and 

overlooking. 

A Planning Information and Discussion Meeting was held on the 2 July 2012 at which the 

applicant offered to accept a number of permit conditions to address objector concerns. This 

report details the assessment of the application against the policies and provisions of the 

Moreland Planning Scheme. 


Grant a Planning Permit MPS/2008/440/B for use of the land to sell and consume liquor 

(cafe and restaurant licence), a reduction of the car parking, bicycle parking and loading bay 

requirements in association with the use of the land as a restaurant and associated building 

and works at 99, 99A & 99B Lygon Street, Brunswick East in the South Ward. 

Cr Connellan moved, Cr Matthews-Ward seconded that - 


That a Refusal to Grant a Planning Permit No. be issued to allow the use of the land to sell 

and consume liquor (cafe and restaurant licence), a reduction of the car parking, bicycle 

parking and loading bay requirements in association with the use of the land as a restaurant 

and associated building and works at 99 and 99A and 99B Lygon Street, Brunswick East 

subject to the following grounds of refusal: 

1. In accordance with clause 52.06-1 of the Moreland Planning Scheme (Car Parking), 

the Responsible Authority is not satisfied that the reduced car parking provision is 

justified due to: 

a) The limited availability of car parking in the locality. 

b) The detrimental impact on local amenity. 

7.50 pm Cr Teti left the Chamber. 

8.03 pm Cr Teti returned to the Chamber. 

Carried 

DED68/12 130 BARKLY STREET, BRUNSWICK - PLANNING PERMIT APPLICATION 

MPS/2010/33/B (D12/148841) 

The application seeks to amend the existing planning permit (MPS/2010/33/A), which allows 

the use of the land as an industry (microbrewery) and a reduction in the standard car parking 

requirements) to include the use of the land as a tavern and function centre, the sale and 

consumption of liquor and a waiver of the requirements for car parking and loading and 

unloading of vehicles. 


The applicant lodged an application for review at the Victorian Civil and Administrative 

Tribunal (VCAT) of Council’s failure to grant a permit within the prescribed time (60 statutory 

days) on 7 July 2011. The application will be heard by VCAT on 9 and 10 August 2012. 

The Urban Planning Committee resolved at its meeting on 27 July 2011 that Council’s 

submission to VCAT in relation to the application for review pursuant to Section 79 of the 

Planning & Environment Act 1987 be to not support the application to amend Planning 

Permit MPS/2010/33/A. 

The applicant has submitted details of a revised proposal to Council, with a reduction in 

patron numbers and hours of operation sought by the original application. A request has 

been made by the applicant for the Urban Planning Committee to reconsider its position prior 

to the VCAT hearing. 

The report details the assessment of the revised proposal against the policies and provisions 

of the Moreland Planning Scheme. 

The Group Manager City Development is recommending that Council’s submission to VCAT 

provide conditional support of the application to amend the permit to include the use of the 

land as a tavern and function centre and the sale and consumption of liquor at 130 Barkly 

Street, Brunswick in the South Ward. 

Cr Connellan moved, Cr Thompson seconded that - 


That Council’s submission to the Victorian Civil and Administrative Tribunal in relation to the 

application for review pursuant to Section 79 of the Planning and Environment Act 1987 reaffirm 

that Council does not support the application to amend Planning Permit 

MPS/2010/33/A to allow the use of the land as a tavern and function centre, the sale and 

consumption of liquor and a waiver of the requirements for car parking and loading and 

unloading of vehicles at 130 Barkly Street, Brunswick, on the following grounds: 

1. In accordance with clause 52.06-6 of the Moreland Planning Scheme (Car Parking), 

the Responsible Authority is not satisfied that the reduced car parking provision is 

justified due to: 

a. The limited availability of car parking in the locality. 

b. The detrimental impact on local amenity. 

2. The proposal does not include provision of an appropriate number of car spaces 

having regard to the uses and activities proposed, patron numbers, the residential 

nature of nearby land and existing car parking demand. 

3. The proposal does not meet the purpose and decision guidelines at Clause 52.27 of 

the Moreland Planning Scheme (Licensed Premises) because: 

a) The licensed premises with the patron capacity proposed is not situated in an 

appropriate location having regard to the nearby residential land uses. 

b) The sale and consumption of liquor proposed would have a detrimental impact 

on the amenity of the surrounding area. 

c) The proposed hours of operation would have a detrimental impact on the 

amenity of the surrounding area. 

d) The proposed number of patrons would have a detrimental impact on the 

amenity of the surrounding area. 

e) The site is located within an existing cluster of licensed premises and the 

proposal would have a negative cumulative impact on the amenity of the area 

(including by way of noise and reduced availability of car parking for patrons and 

local residents and the impacts of overall patron numbers attending the venue). 


4. The proposal, without provision of a loading and unloading vehicle bay onsite, would 

have an adverse impact upon the free flow of traffic and road safety in Barkly Street 

contrary to Clause 52.07 of the Moreland Planning Scheme. 


DED69/12 65 NICHOLSON STREET, BRUNSWICK EAST - PLANNING PERMIT 

APPLICATION MPS/2011/725 (D12/149168) 

The application seeks approval for the construction of an eight storey building comprising 

twenty five dwellings and a shop, use of the land for a shop, reduction in the standard car 

parking requirements and a waiver of the standard loading bay requirements. The 

application was advertised and six objections were received, plus one letter of support. 

The main issues raised in objections relate to height, parking, and overlooking. The 

application is being presented to the Urban Planning Committee for decision because the 

proposed building exceeds the maximum height specified in the Brunswick Structure Plan. 

The report details the assessment of the application against the policies and provisions of 

the Moreland Planning Scheme. 


Grant a Planning Permit for the construction of an seven storey building at 65 Nicholson 

Street, Brunswick East in the South Ward. 



That a Refusal to Grant a Planning Permit No. MPS 2011/725 be issued for an eight storey 

building comprising dwellings and a shop, use of the land for a shop, reduction in the 

standard car parking requirements and a waiver of the standard loading bay requirements at 

65 Nicholson Street, Brunswick East subject to the following grounds of refusal: 

1. The proposed development exceeds the overall and podium heights of the Brunswick 

Structure Plan and does not contribute to the development of a consistent new built 

form within the precinct. 

2. The proposed development has not satisfactorily addressed internal amenity, 

specifically natural light access to dwellings, under Clause 22.11-3.15 (‘Light and 

Ventilation’) of the Moreland Planning Scheme. 

3. The proposed development does not reasonably share the development opportunities 

of the site and the adjacent site to the south as it is overly reliant on the site to the 

south remaining undeveloped to ensure reasonable daylight access to dwellings. 

8.30 pm Cr Teti left the Council Chamber and did not return. 

DED70/12 50 VICTORIA STREET, EAST BRUNSWICK - PLANNING PERMIT 

APPLICATION MPS/2011/631 (D12/119632) 

Carried 

The application seeks approval for the construction of a four storey building with basements 

(containing 30 dwellings) and a reduction in the standard car parking requirement. The 

application was advertised and three objections were received. The main issues raised in 

objections are traffic congestion, increased noise pollution, insufficient on-site parking, 

overshadowing, overlooking, excessive height and inconsistent with neighbourhood 

character. A Planning Information and Discussion meeting was not held. This application is 

being reported to the Urban Planning Committee because the proposed building height of 

15.2 metres exceeds the Brunswick Structure Plan preferred height of 11 metres. The report 

details the assessment of the application against the policies and provisions of the Moreland 

Planning Scheme. 



Grant a Planning Permit for the construction of a four storey building with basements 

(containing 30 dwellings) and a reduction in the standard car parking requirement at 

50 Victoria Street, East Brunswick in the South Ward. 



That a Notice of Decision to Grant a Planning Permit No. MPS/2011/631 be issued for the 

construction of a four storey building with basements (containing 30 dwellings) and a 

reduction in the standard car parking requirement at 50 Victoria Street, Brunswick East 

subject to the following conditions: 

1. Amended 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 will then form part of the permit. The plans must be drawn to scale with 

dimensions and three copies must be provided. The plans must be generally in 

accordance with the plans (submitted 26 April 2012) but modified to show: 

a) A total of 10 bicycle parking spaces. At least four of these spaces are to be 

provided in the level 1 basement. 

b) The bedroom window of Dwelling 6 on the ground floor to be treated acoustically 

to limit noise from the adjacent ramp and increased to a minimum width of 

1.0 metre. 

c) The eastern bedroom wall of Dwelling 6 on the ground floor to be treated 

acoustically to limit noise from the adjacent lift. 

d) 4m3 of storage for each 2-bedroom dwelling and 1-bedroom dwelling with study 

and 2m3 of storage for each 1-bedroom dwelling. 

e) Three ‘hoop’ or ‘flat-top’ type bike parking racks or similar in the visitor bike (at 

the Victoria Street entrance) parking area that accords with the specifications in 

Bicycle Victoria’s Bicycle Parking Handbook. 

f) Annotations, as necessary, to incorporate the recommendations and 

requirements of the Disability Access Report required by condition 7. 

g) The northern light well to be open to the sky. 

h) Fences a maximum height of 1.5 metres with a minimum 50 per cent 

transparency above 1.0 metre. 

i) An annotation that single aspect dwellings provided with security doors/or a 

mechanically assisted natural ventilation solution that achieves a flow rate of 

5L/m2/s 

j) Bedroom doors provided with door catches to assist cross-flow ventilation. 

k) Any substation incorporated within the building (i.e. not free standing or pole 

mounted in the street) to ensure minimal impact on the visual amenity of the 

public realm. 

l) The water tank annotated as a minimum of 5000 litres. 

m) Columns in the car park placed in accordance with the Australian Standard for 

Off-Street Parking (AS2890.1), which includes: 

i. No portion of the column to be inside the car parking space blocking 

pedestrian access to that side of the car; and 

ii. Be no closer than 250mm to the access aisle so as not to interfere with 

cars turning into the parking space; and 

iii. Extend no further from the accessway than 1.25 metres from the aisle to 

allow the rear car doors to open. 


n) The slopes of the ramp down to the basement are to be in accordance with the 

Australian Standard for Off-Street car parking (AS2890.1) which includes: 

i. No steeper than 1 in 20 for the first 6 metres from the public footpath 

(Clause 3.3); 

ii. No steeper than 1 in 4 at other points (Clause 2.3.5); and 

iii. Include grade transitions to prevent vehicles scraping or bottoming at the 

changes in grade (Clause 2.3.5). 

o) The columns in the car park placed in accordance with the Australian Standard 

for Off-Street Parking (AS2890.1), which includes: 

i. no portion of the column to be inside the car parking space; and 

ii. placed between points 0.25 and 1.25 metres from the aisle. 

p) The bin store room 2.7 metres wide and 6 metres long. 

q) The ESD initiatives included in the report referenced at condition 6 annotated 

and illustrated on the plans. 

r) A schedule of all proposed exterior decorations, materials, finishes and colours, 

including colour samples (3 copies in a form that can be endorsed and filed). 

2. The development as shown on the endorsed plans must not be altered without the 

written consent of the Responsible Authority. 

3. Prior to the commencement of construction or carrying out works pursuant to this 

permit, or any works associated with a sensitive use, or where no works are proposed, 

prior to the commencement of the permitted use, either: 

a) A Certificate of Environmental Audit for the land must be issued in accordance 

with Section 53Y of the Environment Protection Act 1970 and provided to the 

Responsible Authority; or, 

b) An Environmental Auditor appointed under Section 53S of the Environment 

Protection Act 1970 must make a Statement in accordance with Section 53Z of 

that Act that the environmental conditions of the land are suitable for the use and 

development that are the subject of this permit and that statement must be 

provided to the Responsible Authority. 

Where a Statement of Environmental Audit is issued for the land, the buildings and 

works and the use(s) of the land that are the subject of this permit must comply with all 

directions and conditions contained within the Statement. 

Where a Statement of Environmental Audit is issued for the land, prior to the 

commencement of the use, and prior to the issue of a Statement of Compliance under 

the Subdivision Act 1988, and prior to the issue of an Occupancy Permit under the 

Building Act 1993, a letter prepared by an Environmental Auditor appointed under 

Section 53S of the Environment Protection Act 1970 must be submitted to the 

Responsible Authority to verify that the directions and conditions contained within the 

Statement have been satisfied. 

Where a Statement of Environmental Audit is issued for the land, and any condition of 

that Statement requires any maintenance or monitoring of an ongoing nature, the 

Owner(s) must enter into an Agreement with Council pursuant to Section 173 of the 

Planning and Environment Act 1987. Where a Section 173 Agreement is required, the 

Agreement must be executed prior to the commencement of the permitted use, and 

prior to the certification of the plan of subdivision under the Subdivision Act 1988. All 

expenses involved in the drafting, negotiating, lodging, registering and execution of the 

Agreement, including those incurred by the Responsible Authority, must be met by the 

Owner(s). 


4. The following works can be carried out before a Statement of Environmental Audit or a 

Certificate of Environmental Audit is provided to the Responsible Authority under 

Condition 3: 

a) Buildings and works that necessarily form part of the environmental audit 

process, and 

b) Building and works that the environmental auditor engaged by the 

owner/developer advises must be carried out before a Statement of 

Environmental Audit or a Certificate of Environmental Audit can be issued. 

These works must be carried out in accordance with a works plan approved by the 

environmental auditor engaged by the owner/developer. A copy of the works plan must 

be provided to the Responsible Authority before the commencement of the 

development. 

5. Prior to the occupation of any dwelling approved under this permit, a report from the 

author of the Environmentally Sustainable Development (ESD) Management Plan 

report, approved pursuant to this permit, or similarly qualified person or company, must 

be submitted to the responsible authority. The report must be to the satisfaction of the 

Responsible Authority and must confirm that all measures specified in the 

Environmentally Sustainable Development (ESD) Management Plan have been 

implemented in accordance with the approved Plan. 

6. All works must be undertaken in accordance with the endorsed Environmentally 

Sustainable Development (ESD) Management Plan to the satisfaction of the 

Responsible Authority. No alterations to the ESD Management Plan may occur 

without written consent of the Responsible Authority. 

7. Prior to the commencement of development, a Disability Access report must be 

submitted indicating that all dwellings are visitable and a minimum of 10% of dwellings 

are accessible or adaptable to the satisfaction of the Responsible Authority. The 

recommendations of the report must be incorporated into the design and layout of the 

development and must be implemented to the satisfaction of the Responsible Authority 

prior to the occupation of the development. 

8. The garage doors are to be automatic remotely controlled to the satisfaction of the 

Responsible Authority. 

9. All parking spaces are to be marked with the associated apartment number to facilitate 

management of the car park to the satisfaction of the Responsible Authority. 

10. Prior to the occupation of the development, any existing vehicle crossing not to be 

used in this use or development must be removed and the kerb and channel, footpath 

and nature strip reinstated to the satisfaction of the responsible authority (Moreland 

City Council, City Infrastructure Department). 

11. An automatic light must be installed and maintained in the parking area so that the 

light operates automatically when a vehicle enters or leaves the land between dusk 

and dawn and no direct light is emitted onto adjoining property. 

12. Prior to occupation of the dwellings, the applicant must apply to Council for a No 

Stopping zone 6am-midday Thursdays, along the Aintree Street frontage to allow the 

collection of the waste from the bins placed on the street. 

13. All stormwater from the land, where it is not collected in rainwater tanks for re-use, 

must be collected by an underground pipe drain approved by and to the satisfaction of 

the Responsible Authority. 

14. Stormwater from the land must not be directed to the surface of the right-of-way to the 

satisfaction of the Responsible Authority. 


15. A letterbox must be provided for each of the premises at the street frontage. The 

dimensions, placement and numbering must comply with the Australia Post – General 

Post Guide 2004 (Point G4.3) as published on its website to the satisfaction of the 


16. All telecommunications and power connections (where by means of a cable) and 

associated infrastructure to the land must be underground to the satisfaction of the 

responsible authority. 

17. This permit will expire if one of the following circumstances applies: 

NOTES: 

a) the development is not commenced within two (2) years from the date of issue of 

this permit; 

b) b) the development is not completed within four (4) years from the date of issue 

of this permit; 

The responsible authority may extend the periods referred to if a request is made in 

writing before the permit expires or within three months afterwards. 

These notes are for information only and do not constitute part of this permit or 

conditions of this permit. 

Note 1: Should Council impose car parking restrictions in this street, the owners and/or 

occupiers of the land would not be eligible for any Council parking permits to 

allow for on street parking. 

Note 2: Further approvals are required from Council’s City Infrastructure Department 

who can be contacted on 9240 1143 for any works beyond the boundaries of the 

property. Planting and other vegetative works proposed on road reserves can be 

discussed with Council’s Open Space Unit on 8311 4300. 

Note 3: This permit does not authorise the removal of, damage to or pruning of any 

street tree. Further written consent must be obtained from Council’s Open Space 

Unit. The Open Space Unit can be contacted on 8311 4300. 

Note 4: The permit holder is advised to contact Council's Property Unit on 9240 2208 for 

allocation of street numbers associated with the development. 

Note 5: Contact needs to be made with CitiPower (Mr Grant Quinn – 9297 6442) to 

determine whether CitiPower will require the power lines to be relocated away 

from the dwellings. 

Note 6: Environmental Audits 

i. A copy of the Certificate or Statement of Environmental Audit, including 

the complete Environmental Audit Report must be submitted to the 

Responsible Authority within 7 days of issue, in accordance with 

Section 53ZB of the Environment Protection Act 1970. 

ii. Where a Statement of Environmental Audit is issued for the land a copy of 

that Statement must be provided to any person who proposes to become 

an occupier of the land, pursuant to Section 53ZE of the Environment 

Protection Act 1970. 

iii. The land owner and all its successors in title or transferees must, upon 

release for private sale of any part of the land, include in the Vendor’s 

Statement pursuant to Section 32 of the Sale of Land Act 1962, a copy of 

the Certificate or Statement of Environmental Audit including a copy of any 

cover letter. 


iv. Where a Statement of Environmental Audit issued for the land contains 

conditions that the Responsible Authority considers to be unreasonable in 

the circumstances, the Responsible Authority may seek cancellation or 

amendment of the planning permit in accordance with Section 87 of the 

Planning and Environment Act 1987. 


DED71/12 22 WADHAM STREET, PASCOE VALE SOUTH - PLANNING PERMIT 

APPLICATION MPS/2012/197 (D12/148172) 

The application seeks approval for the development of three double storey dwellings. The 

application was advertised and 18 objections were received. The main issues raised in 

objections are overlooking, overshadowing, neighbourhood character, traffic congestion and 

car parking. There was no Planning and Information Discussion held for this application. 

However, a meeting between Council officers, the applicant and the objector from 

20 Wadham Street was held on 5 July 2013. At this meeting a number of issues were 

mediated. The report details the assessment of the application against the policies and 

provisions of the Moreland Planning Scheme. 


Grant a Planning Permit for the development of three double storey dwellings at 22 Wadham 

Street, Pascoe Vale South in the North West Ward. 



That a Notice of Decision to Grant a Planning Permit MPS/2011/197 be issued for the 

development of the land for three double storey dwellings at 22 Wadham Street, 

Pascoe Vale South subject to the following conditions: 

1. Before the development commences, amended 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 will then form part of the 

permit. The plans must be drawn to scale with dimensions and three copies must be 

provided. The plans must be generally in accordance with the plans (advertised 

01/05/2012) but modified to show: 

a) The ground floor of dwelling 1 to be brick. 

b) The parapet associated with dwelling 1 deleted, so that the ground floor brick 

element is similar in height to the single storey eave lines of 18 and 20 Wadham 

Street. 

c) The entry verandah flat roof form replaced with a skillion roof form that has a 

pitch of 22.5 degrees (or similar) to complement the prevailing roof form in the 

street. 

d) The south facing window on the first floor of dwelling 1 as fixed and nonopenable. 

e) The garage for dwelling 3 offset 150mm off the southern boundary to allow for 

retention of the existing fence. 

f) A landscaping strip of 0.5 metres located along the internal accessway on the 

southern boundary in accordance with Condition 3 of this permit. 

g) The wall and 1.7 metre high privacy screen located above the garages of 

dwellings 1 and 2 to be replaced with a 2 metre high solid wall. 

h) A landscape plan in accordance with Condition 3 of this permit. 

i) A schedule of all proposed exterior decorations, materials, finishes and colours, 





3. Prior to the commencement of any development works, a landscape plan must be 

submitted to and approved by the Responsible Authority. The landscape plan must 

provide the following: 

a) A schedule of all proposed trees, shrubs and ground covers (including numbers, 

size at planting, size at maturity and botanical names), as well as sealed and 

paved surfaces. The flora selection and landscape design should be drought 

tolerant and based on species selection recommended in the Moreland City 

Council Landscape Guidelines and Technical Notes. 

b) Identification of any existing tree(s) and vegetation proposed to be removed and 

retained. Vegetation retainment must include strategies for the retainment (i.e. 

barriers and signage during the construction process). 

c) The provision of two canopy trees within the front setback of dwelling 1 to assist 

in the integration of the development within the existing streetscape. 

d) The provision of one canopy tree within the private open space of dwelling 3. 

e) Details of the location and type of all paved and sealed areas. Extensive hard 

surfaces are not supported. The adoption of porous/permeable paving, rain 

gardens and other water sensitive urban design features is encouraged. 

4. Following completion of the development the areas designated as garden areas on the 

endorsed landscape plan must be maintained and used as garden areas. 

5. Prior to the occupation of the development, all visual screening measures shown on 

the endorsed plans must be installed to the satisfaction of the Responsible Authority. 

All visual screening and measures to prevent overlooking must be maintained to the 

satisfaction of the Responsible Authority. Any screening measure that is removed or 

unsatisfactorily maintained must be replaced to the satisfaction of the Responsible 

Authority. 



the Responsible Authority (Moreland City Council, City Infrastructure Department). 

7. Prior to the commencement of the development, a legal point of discharge is to be 

obtained, and where required, a stormwater drainage plan showing how the site will be 

drained from the property boundary to the stated point of discharge, must be submitted 

to and approved by the Responsible Authority. 

8. Prior to the occupation of the development, the garage roller doors must be automatic 

and remote controlled. 

9. Prior to the occupation of the development, an automatic light must be installed and 

maintained in the parking area so that the light operates automatically when a vehicle 

enters or leaves the land between dusk and dawn and no direct light is emitted onto 

adjoining property to the satisfaction of the Responsible Authority. 

10. Prior to the occupation of the development, all boundary walls must be constructed, 

cleaned and finished to the satisfaction of the Responsible Authority. 

11. A sketch of the mural for the wall on northern boundary to be submitted to and 

approved by the Responsible Authority before its commencement. 

12. Unless with the prior written consent of the Responsible Authority, any plumbing pipe, 

ducting and plant equipment must be concealed from external views. This does not 

include external guttering or associated rainwater down pipes. 









15. The design of any structure to be sited within the front setback required to 

accommodate an electricity meter box must not be higher than 1.5 metres to minimise 

the visual impact on the streetscape and located to ensure there are no impacts on 

pedestrian safety and vehicle traffic to the satisfaction of the Responsible Authority. 


Notes: 


this permit; 

b) the development is not completed within four (4) years from the date of issue of 

this permit. 

The Responsible Authority may extend the periods referred to if a request is made in 

writing before the permit expires or within three months afterwards. 

These notes are for information only and do not constitute part of this notice of 

decision or conditions of this notice of decision. 





Note 2: Council charges supervision (2.50%) and plan checking (0.75%) fees on the cost 

of constructing the drain along the easement or street as permitted by Sections 

5&6 of the Subdivision (Permit and Certification Fees) Regulations 2000. 




Note 4: This permit for the development of the land includes the construction of buildings 

and works over an easement. It is the responsibility of the owner, through the 

services of the relevant building surveyor, to determine any necessary 

consent(s) from all those parties who may have a legal right over the easement 

and from any other appropriate authority to whom the easement may be vested 

in. 

The provisions of Regulation 310 of the Building Regulations 2006 states that the 

consent and report of a service authority is required to construct a building over 

an easement vested in that service authority. 

Reference is drawn to the provisions of Section 12(5) of the Subdivision Act 

1988. This section states that person(s) entitled to use the easement are not 

required to repair damage to buildings or works constructed or located within the 

easement that may be altered or removed for the execution of the works so as to 

interfere with the exercising of the rights conferred by the easement if reasonable 

care is taken in gaining access to and using the easement. 

This planning permit does not provide the consent from Council, service 

authorities or other persons or bodies for the construction of the building and 

works over the easement within the property. 


Note 5: The City of Moreland is committed to creating an environmentally sustainable 

city. A critical component in achieving this commitment is to encourage new 

residential development to meet appropriate environmental standards. 

Applicants are encouraged to use STEPS or SDS– Sustainable Tools for 

Environmental Performance Strategy. 

Using STEPS/SDS involves entering data about the proposed design into the 

STEPS assessment tool found at www.sustainablesteps.com.au. A score for the 

environmental performance is calculated and summarised. This allows 

applicants to design more environmentally sustainable developments and use 

sustainable building materials. 

The use of STEPS will aid in achieving a 6 star energy rating at the building 

permit stage. For more information or help on ESD or STEPS please contact 

Council’s Sustainable Development Department on: 9240 1138. 


DED72/12 113 CUMBERLAND ROAD, PASCOE VALE - PLANNING PERMIT 


The application seeks approval for the development of the land for eight double storey 

dwellings, alteration of access to a road in a Road Zone Category 1, and a reduction in car 

parking. The application was advertised and 16 objections were received. Two were 

subsequently withdrawn. The main issues raised in the objections are car parking and traffic 

impacts, density, neighbourhood character and protection of the vegetation in the adjacent 

Rogers Reserve. A Planning Information and Discussion Meeting was held on 2 July 2012. 

The report details the assessment of the application against the policies and provisions of 

the Moreland Planning Scheme. 


Grant a Planning Permit for the development of the land for eight double storey dwellings, 

alteration of access to a road in a Road Zone Category 1, and a reduction in car parking at 

113 Cumberland Road, Pascoe Vale in the North-West Ward. 



That a Refusal to Grant a Planning Permit No. MPS/2012/174 be issued for the development 

of the land for eight double storey dwellings, alteration of access to a road in a Road Zone 

Category 1, and a reduction in car parking subject to the following grounds of refusal: 

1. The development is not consistent with Clause 22.10 of the Moreland Planning 

Scheme for the following reasons: 

a) The proposal does not respect the existing scale and siting of the predominant 

built form of the neighbourhood. 

b) The proposal does not improve the landscaped and ‘green’ character of the area 

as it does not include adequate landscaping opportunities throughout the site. 

2. The proposal is not consistent with Clause 55.02-1 of the Moreland Planning Scheme 

(Neighbourhood Character Objectives) as the development does not respond to the 

features of the site and the surrounding area, including: 

a) The continuous built form along the site with limited articulation and overhanging 

balconies is not characteristic of the area. 

b) The interface with the adjacent reserve at ground floor level is poor. 

3. The proposal is not consistent with Clause 55.02-5 of the Moreland Planning Scheme 

(Integration with the Street Objective) as: 

a) The development is not laid out to complement the adjacent public open space. 


) The design of the pedestrian access path does not allow for the identification of 

the dwelling entrances from the street. 

4. The proposal is an overdevelopment of the land, as demonstrated by the following 

non-compliances with the Moreland Planning Scheme: 

a) Standard B6 at Clause 55.03-1 (Street Setback); 

b) Standard B8 at Clause 55.03-3 (Site Coverage); and 

c) Clause 52.06-5 (number of car parking spaces required). 

5. The proposal fails to meet the objective at clause 55.03-1 of the Moreland Planning 

Scheme (street setback) as the reduced front setback would have an unacceptable 

visual impact on the streetscape. 

6. The proposal fails to meet the objective at clause 55.03-8 of the Moreland Planning 

Scheme (landscaping) as the design fails to allow for appropriate landscaping 

opportunities, particularly adjacent to the neighbouring secluded private open space. 

7. The failure to provide an on-site visitor car parking space as required by Clause 52.06- 

5 of the Moreland Planning Scheme would adversely affect the amenity of the locality 

due to the limited availability of car parking in the area. 

DED73/12 109 VICTORIA STREET, BRUNSWICK EAST - PLANNING PERMIT 


Carried 

The application seeks approval for the construction of ten dwellings (four three storey and 

six two storey) and a reduction in car parking. The application was advertised and 11 

objections were received. The main issues raised in the objections are the perceived 

heritage value of the existing dwelling, density, building height, and car parking and traffic 

impacts. A Planning Information and Discussion Meeting was held on 2 July 2012. No 

consensus was reached. The report details the assessment of the application against the 

policies and provisions of the Moreland Planning Scheme. 


Grant a Planning Permit for the construction of ten double storey dwellings and a reduction 

in car parking at 109 Victoria Street, Brunswick East in the South Ward. 



That a Notice of Decision to Grant a Planning Permit No. MPS/2012/66 be issued for the 

construction of ten double storey dwellings and a reduction in car parking at 109 Victoria 

Street, Brunswick East subject to the following conditions: 

1. Before the development commences, amended 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 will then form part of the 

permit. The plans must be drawn to scale with dimensions and three copies must be 

provided. The plans must be generally in accordance with the plans advertised on 

15 May 2012 but modified to show: 

a) Dwellings 1-4 reduced to double storey. This must be achieved with no increase 

to the existing first floor footprints of the dwellings and no increase in the number 

of bedrooms. 

b) The eastern elevation of block 1 and the western elevation of block 2 to include a 

notation that all fixed obscure glass at first floor is to a height of 1.7 metres 

above finished floor level. 


c) The western elevation of block 1 modified to match the floor plans (including the 

terrace of dwelling 6) and include: 

i. All first floor habitable room windows (including the windows opposite the 

stairwells of dwellings 1 and 3) to be screened with fixed obscure glass to a 

height of 1.7 metres above finished floor level. 

d) The eastern elevation of block 2 modified to show fixed obscure glass to the 

northern most windows of dwellings 8 and 10 to a height of 1.7 metres above 

finished floor level. 

e) The terraces of dwellings 6, 8 and 10 noted on the floor plans as having 

1.7 metre high screening to all sides. 

f) The terraces of dwellings 6 and 10 noted on the floor plans and elevations as 

having either obscure glass or metal screening (the plans must be consistent 

with each another). 

g) Floor plans showing the correct title boundary dimensions. 

h) The vehicle crossover matching the width of the accessway and having 1 metre 

straight splays on both sides commencing at the property boundary and finishing 

at the kerb in accordance with Council’s standard vehicle crossing design. 

i) The dwelling 1 garage door is to be dimensioned at least 3.2 metres wide and all 

other garage doors are to be dimensioned at least 3.6 metres wide. 

j) A front fence elevation. The fence is to be a maximum of 0.9 metres high, 

consistent with the floor plans. 

k) An area on common land for eight 240 litre waste bins, screened from view from 

the street. 

l) The removal of the bin and recycle storage area from the courtyard of all 

dwellings. 

m) An amended ESD Assessment and Report in response to the modified 

development approved. 

n) ESD initiatives contained in the amended ESD report are to be notated and 

illustrated on the plans, including but not limited to double glazed low e glazing 

and insulation requirements (R2.5 for external walls and R3.5 for ceilings), low 

volatile organic compound (VOC) paints and adhesives, solar hot water system 

panels, 15m2 of raingardens, gas heating system, gas cooking appliances, 

natural clothes drying facilities, WELS ratings of fittings and fixtures (not AAA 

ratings), 10 x 2000 litre rainwater harvesting tanks harvesting from at least 90 

per cent of the roof area. 

o) Detailed plans of stormwater treatment devices (eg. 15m2 raingarden) outlined in 

the amended ESD report. 

p) A landscape plan in accordance with Condition 3 of this permit. 

q) The location of any air-conditioning units and other plant equipment, including 

any screening. 

r) A schedule of all proposed exterior decorations, materials, finishes and colours, 




3. Prior to the commencement of any development works, a landscape plan must be 

submitted to and approved by the Responsible Authority. The landscape plan must 

provide the following: 


a) A schedule of all proposed trees, shrubs and ground covers (including numbers, 

size at planting, size at maturity and botanical names), as well as sealed and 

paved surfaces. The flora selection and landscape design should be drought 

tolerant and based on species selection recommended in the Moreland City 

Council landscape Guidelines and Technical Notes. 

b) Identification of any existing trees and vegetation proposed to be removed and 

retained. Vegetation retainment must include strategies for the retainment (i.e. 

barriers and signage during the construction process). 

c) The provision of canopy trees within the front setback(s) to assist in the 

integration of the development within the existing streetscape. 

d) Details of the location and type of all paved and sealed areas. Extensive hard 

surfaces are not supported. The adoption of porous/permeable paving is 

encouraged. 

e) Integration of water sensitive urban design features (eg. raingarden, bio-swale 

etc) contained in the endorsed ESD assessment and report 

4. Following completion of the development the areas designated as garden areas on the 

endorsed landscape plan must be maintained and used as garden areas. 

5. Prior to the occupation of the development, all visual screening measures shown on 

the endorsed plans must be installed to the satisfaction of the Responsible Authority. 

All visual screening and measures to prevent overlooking must be maintained to the 

satisfaction of the Responsible Authority. Any screening measure that is removed or 

unsatisfactorily maintained must be replaced to the satisfaction of the Responsible 

Authority. 

6. Prior to the occupation of the development, a vehicle crossing must be constructed in 

every location shown on the endorsed plans to a standard satisfactory to the 

Responsible Authority (Moreland City Council, City Infrastructure Department). 

7. Prior to the occupation of the development, any existing vehicle crossing not to be 

used in this use or development must be removed and the kerb and channel, footpath 

and nature strip reinstated to the satisfaction of the Responsible Authority (Moreland 

City Council, City Infrastructure Department). 

8. Prior to the occupation of the development, an automatic system of external light must 

be installed to illuminate the vehicle accessway. The light must operate automatically 

when a vehicle enters or leaves the land between dusk and dawn and no direct light is 

to be emitted onto adjoining property to the satisfaction of the Responsible Authority. 

The system is to be maintained to the satisfaction of the Responsible Authority. 

9. Prior to the occupation of the development, the garage doors must be automatic and 

remote controlled to the satisfaction of the Responsible Authority. 



the Responsible Authority (Moreland City Council, City Infrastructure Department). 

11. Prior to the commencement of the development, a legal point of discharge is to be 

obtained, and where required, a stormwater drainage plan showing how the site will be 

drained from the property boundary to the stated point of discharge, must be submitted 

to and approved by the Responsible Authority. 

Any stormwater treatment measures (eg. raingarden, bio-swale etc) shown on the 

endorsed plans must be included on the stormwater drainage plan. 

12. Prior to the occupation of the development, all boundary walls must be constructed, 

cleaned and finished to the satisfaction of the Responsible Authority. 


13. Unless with the prior written consent of the Responsible Authority, any plumbing pipe, 

ducting and plant equipment must be concealed from external views. This does not 

include external guttering or associated rainwater down pipes. 








16. Prior to the occupation of the development, any Council or service authority pole or pit 

within 1 metre of a proposed vehicle crossing must be relocated or modified at the 

expense of the permit holder to the satisfaction of the Responsible Authority and the 

relevant service authority. 

17. The design of any structure to be sited within the front setback required to 

accommodate an electricity meter box must not be higher than 1.5 metres to minimise 

the visual impact on the streetscape and located to ensure there are no impacts on 

pedestrian safety and vehicle traffic to the satisfaction of the Responsible Authority. 

18. All works must be undertaken in accordance with the endorsed Environmentally 

Sustainable Development Assessment and Report to the satisfaction of the 

Responsible Authority. No alterations to the STEPS report Plan may occur without 




this permit; 

b) the development is not completed within four (4) years from the date of issue of 

this permit. 

The Responsible Authority may extend the periods referred to if a request is made in writing 

before the permit expires or within three months afterwards. 

NOTES: 

These notes are for information only and do not constitute part of this notice of 

decision/permit or conditions of this notice of decision/permit. 









DOD15/12 SHORE RESERVE - SECTION 223 CONSULTATION PROCESS TO 

RETAIN AS AN OFF LEASH PARK (D12/159443) 

Council resolved at its meeting held on 9 May 2012: 

1. To initiate a formal consultation process with the community under Section 223 of the 

Local Government Act 1989 to retain Shore Reserve as an off leash park. 

2. That Council’s Urban Planning Committee receives a further report from officers by 

25 July 2012. 


3. That the first named signatory listed on the petitions be notified of Council’s decision 

This report provides council with information about the Section 223 process and its 

outcomes and makes a recommendation for the future status of the park. 



1. That the submissions made with respect to this report be noted. 

2. That a further report be submitted to Council for consideration. 

LATE REPORTS: 

Nil. 

The meeting closed at 9.14 pm. 

Carried 

Confirmed 

Cr Alice Pryor 

CHAIRPERSON

Minutes of Urban Planning Committee Meeting - 25 July 2012

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