VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ADMINISTRATIVE DIVISION PLANNING AND ENVIRONMENT LIST CATCHWORDS APPLICANT RESPONSIBLE AUTHORITY

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1 VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ADMINISTRATIVE DIVISION PLANNING AND ENVIRONMENT LIST VCAT REFERENCE NO. P1505/2013 PERMIT APPLICATION NO. GE/PP-25557/2013 CATCHWORDS APPLICANT RESPONSIBLE AUTHORITY RESPONDENTS SUBJECT LAND WHERE HELD BEFORE HEARING TYPE Monark Pty Ltd Glen Eira City Council Anne Ross, Anthony M Dart, Mrs Merille Dart, Carol Ibrahim, Naji & Mura Cohen, Leah Elbaum, Patrice Teague, Marc Brick, Karen Teague, Amanda Bloom, Koralia O'Keefe, Terence O'Keefe, H. Mallinson, Arnold Prince, Joseph Wilder & Michael Wilson, Maggie Allmand, Peter & Liz Marks, Dr David S Dolan, Sara Hood, Rochelle & Vladimir Younger, Ron & Vardit Sacks-Davis, Tamara Bruce, Mrs Margaret Mallinson, Bill Harrison, Michael Parker, Alison Robb, Michael Swann & Vanesa Fabrizio Wandecabeyen, Dr David Weintrob, Hannah Dart, Vera Link, Russel & Cheryl Forge 1 Wilks Street CAULFIELD NORTH VIC King Street, Melbourne S. R. Cimino, Member Mediation DATE OF HEARING 20 August 2013 DATE OF ORDER 19 September 2013 CITATION ORDER 1 Under Section 78(2)(b)(ii) of the Victorian Civil and Administrative Tribunal Act 1998, the following persons are struck out as parties for failing to attend mediation as directed by the Tribunal on 20 August 2013:

2 By consent Anne Ross Joseph Wilder and Michael Wilson Alison Robb Michael Swann and Vanessa Fabrizio Wandecabeyan. 2 With respect to planning permit application No. GE/PP-25557/2013, the Responsible Authority s decision is set aside. 3 A permit is granted and directed to be issued for land at 1 Wilks Street, Caulfield North. The permit will allow: Construction of up to 69 dwellings in an apartment style 3 storey building and townhouse style dwellings of 2-3 storeys above basement car parking and a reduction in visitor car parking requirements in accordance with the endorsed plans 4 The permit must contain the conditions set out in Appendix A. 5 The hearing scheduled to commence on 30 September 2013 is cancelled and the date vacated. 6 No order as to costs. S. R. Cimino Member APPEARANCES: For Monark Pty Ltd For Glen Eira City Council Ms E Peppler, barrister, instructed by Ms Rhodie Anderson, Solicitor, of Rigby Cooke Lawyers. Mr Andrew Bromley, Town Planner. VCAT Reference No. P1505/2013 Page 2 of 10

3 For Anthony M Dart, Mrs Merille Dart, Carol Ibrahim, Naji & Mura Cohen, Leah Elbaum, Patrice Teague, Marc Brick, Karen Teague, Amanda Bloom, Koralia O'Keefe, Terence O'Keefe, H. Mallinson, Arnold Prince, Maggie Allmand, Peter & Liz Marks, Dr David S Dolan, Sara Hood, Rochelle & Vladimir Younger, Ron & Vardit Sacks- Davis, Tamara Bruce, Mrs Margaret Mallinson, Bill Harrison, Michael Parker, Dr David Weintrob, Hannah Dart, Vera Link, Russel & Cheryl Forge. Mr Bill Harrison For Anne Ross, Joseph Wilder & Michael Wilson, Michael Swann & Vanesa Fabrizio Wandecabeyen and Alison Robb, Mr Peter O Farrell, barrister, with Ms Christine Renkin, Associate, of Planisphere Mr B Harrison appeared in person No appearance or representation VCAT Reference No. P1505/2013 Page 3 of 10

4 REASONS 1 This matter relates to an application under Section 79 of the Planning and Environment Act 1987 against the Council s decision to refuse to grant a permit for construction of up to 69 dwellings on 1 Wilks Street, Caulfield North, the subject land. 2 The matter was listed before me for mediation on 20 August At mediation, the parties agreed to principles with respect to an agreed outcomes and requested that they be given opportunity to undertake further negotiations with a view to presenting a final request for consent order. The parties who attended and/or represented at mediation have since reached agreement and now request an order by consent. They request that a permit be issued for the development of a residential development on the subject land, subject to changes to the plans as set out in the agreed permit conditions. 3 A number of persons who lodged statements of grounds did not attend mediation nor were they represented as required under the Tribunal s directions. Given the parties who attended mediation reached agreement, those who did not attend are struck out as parties. The parties attending mediation acknowledged that this would be the case if they were to reach final agreement arising from the mediation process. 4 The Tribunal regards the consent of the responsible authority to be a confirmation to the Tribunal that: a. the responsible authority is of the opinion that the grant of the permit is appropriate having regard to the matters it is required to consider under section 60 of the Act, including the balanced application of the strategies and policies of the relevant planning scheme and is otherwise in conformity with the provisions of the planning scheme and the Planning and Environment Act 1987; b. the proposed orders will not result in any change to the proposed use or development which would materially affect any person other than the parties to the proceeding. 5 Based on the information available to the Tribunal, I consider it is appropriate to make these orders pursuant to s. 93 of the Victorian Civil and Administrative Tribunal Act S. R. Cimino Member VCAT Reference No. P1505/2013 Page 4 of 10

5 APPENDIX A PERMIT APPLICATION NO: GE/PP-25557/2013 LAND: 1 Wilks Street, Caulfield North 3161 WHAT THE PERMIT ALLOWS: The permit allows construction of up to 69 dwellings in an apartment style 3 storey building and townhouse style dwellings of 2-3 storeys above basement car parking and a reduction in visitor car parking requirements in accordance with the endorsed plans 1 Before the commencement of the development, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by, the Responsible Authority. The plans must be drawn to scale with dimensions and must generally accord with the plans (identified as TP00-TP06 Revision 05 dated and TP07-TP09 Revision 06 dated 11 September 2013, drawn by SJB Architects) but modified to show: a b Fencing to the private open space areas of apartments G.01 G05 to have a minimum height of 1.7m above the finished surface level of the common area. The over bonnet storage boxes to be a minimum of 1.35m above surface level. c A landscape plan in accordance with Condition 3. d Tree Protection Zones as required by Conditions 7 and 10. e A schedule of construction materials, external finishes and colours (incorporating samples). When approved, the plans will be endorsed and will then form part of this Permit. 2 The layout of the site and size, design and location of buildings and works as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority. Note: This does not obviate the need for a permit where one is required. 3 Before the commencement of buildings and works, a detailed Landscape Plan generally in accordance with the Landscape Plan prepared by Jack Merlo Design (Sheets TP01 Rev C dated and TP02-TP10 dated and ) must be submitted to, and approved by the Responsible Authority. When the Landscape Plans are approved, they will become endorsed plans forming part of this Permit. VCAT Reference No. P1505/2013 Page 5 of 10

6 4 The landscaping as shown on the endorsed Landscape Plan must be carried out and completed to the satisfaction of the Responsible Authority before the occupation of the development and/or the commencement of the use or at such later date as is approved by the Responsible Authority in writing. 5 The landscaping as shown the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the landscaping plan to the satisfaction of the Responsible Authority. 6 All existing vegetation shown on the endorsed plan(s) must be suitably marked before any development (including demolition) commences on the site and that vegetation must not be removed, destroyed or lopped without the written consent of the Responsible Authority. 7 Prior to the commencement of the buildings and works (including demolition), a tree protection fence must be erected around the mature conifers in the north east corner of the site at a radius of 2.5 metres from the base of their trunks and along the western edge of the basement envelope for the width of the canopy of the Algerian Oak located in 9 Palm Avenue to define a Tree Protection Zone (TPZ). This fence must be constructed of star pickets and chain mesh (or similar) to the satisfaction of the Responsible Authority. The tree protection fence must remain in place until the construction within the tree protection zone is required. The tree protection zone for that component of the development not required for construction must remain fenced until construction is complete. No vehicular or pedestrian access, trenching or soil excavation is to occur within the tree protection zone. No storage or dumping of tools, equipment or waste is to occur within the tree protection zone. The ground surface of the tree protection zone must be covered by a protective 100mm deep layer of mulch prior to the development commencing and be watered regularly to the satisfaction of the Responsible Authority. 8 Any pruning that is required to be done to the canopy of any trees retained on-site or where the canopy of neighbouring property tree/s overhang the site, is to be done by a qualified Arborist to Australian Standard Pruning of Amenity Trees AS , Standards Australia. 9 Any pruning of the root system of any existing tree to be retained is to be done by hand by a qualified Arborist. 10 Prior to the commencement of the buildings and works (including demolition), a tree protection fence must be erected around the existing street trees to define a Tree Protection Zone at the following radii from the base of the trunk of the trees: Plane Tree 12.6 metres VCAT Reference No. P1505/2013 Page 6 of 10

7 Callery Pear (northern) 3.2 metres Callery Pear (southern) 2 metres Temporary fencing is to be used as per AS section 4.3. This fence must be constructed of star pickets and chain mesh (or similar) to the satisfaction of the Responsible Authority. The tree protection fence must remain in place until the construction within the tree protection zone is required. The tree protection zone for that component of the development not required for construction must remain fenced until construction is complete. No vehicular or pedestrian access, trenching or soil excavation is to occur within the tree protection zone. No storage or dumping of tools, equipment or waste is to occur within the tree protection zone. 11 The ground surface of the TPZ must be covered by a protective 100mm deep layer of mulch prior to the development commencing and be watered regularly to the satisfaction of the Responsible Authority. Above ground canopy TPZ to be adopted. No works, structures or machinery will come within 1m of the trees crown/canopy as per AS section Tree Protection Zone (TPZ) fencing must be adopted to protect the street tree s trunk. Set at edge of TPZ on all sides (Finishing at paved surfaces). Temporary fencing to be used as per AS section 4.3. Hand excavate any area within 1.5m of the Tree Protection Zone (TPZ). If roots over 40mm are found, Park Services are to be notified and further inspections will be carried out. Ground protection is to be used if temporary access for machinery is required within the Tree Protection Zone (TPZ). Strapped rumble boards are to be used within TPZ to limit ground compaction as per AS section Prior to the commencement of any site works including demolition and excavation, the owner must submit a Construction Management Plan to the Responsible Authority for approval. No works including demolition and excavation are permitted to occur until the Plan has been approved in writing by the Responsible Authority. Once approved, the Construction Management Plan will be endorsed to form part of this permit and must be implemented to the satisfaction of the Responsible Authority. The Plan must be to the satisfaction of the Responsible Authority and must provide details of the following: a b c delivery and unloading points and expected frequency; a liaison officer for contact by owners / residents and the Responsible Authority in the event of relevant queries or problems experienced; an outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services; VCAT Reference No. P1505/2013 Page 7 of 10

8 d e f g h i j any requirements outlined within this permit as required by the relevant referral authorities; hours for construction activity in accordance with any other condition of this permit; measures to control noise, dust, water and sediment laden runoff; measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the Construction Management Plan; measures to preserve the timber from existing wooden pavilion for possible re-use within the development; and measures to preserve the existing plaques to allow relocation to public walkway (central spine) in accordance with condition 24; and any construction lighting to be baffled to minimise intrusion on adjoining lots. 13 The Waste Management Plan (WMP) prepared by Leigh Design dated 14 March 2013 will be endorsed and will form part of this Permit. Once endorsed, the WMP must be complied with to the satisfaction of the Responsible Authority and must not be varied except with the written approval of the Responsible Authority. 14 No buildings or works are to be constructed over any easement or other restriction on the land or any sewers, drains, pipes, wires or cables under the control of a public authority without the prior written consent of the relevant authority and the Responsible Authority. 15 All pipes, fixtures, fittings and vents servicing any building on the site must be concealed in service ducts or otherwise hidden from view to the satisfaction of the Responsible Authority. 16 No plant, equipment, services and substations other than those shown on the endorsed plans are permitted without the prior written consent of the Responsible Authority. 17 Privacy screens must be in accordance with the endorsed plans and must be installed prior to the occupation of the development. The privacy screens must be maintained to the satisfaction of the Responsible Authority. 18 Public access to the development must be made available via the gate in the north-west corner of the site between 6:00am and 7:00pm daily. 19 Areas set aside for the parking of vehicles and access lanes as shown on the endorsed plan(s) must be: a b c constructed; properly formed to such levels that they can be used in accordance with the plans; surfaced with an all-weather sealcoat; VCAT Reference No. P1505/2013 Page 8 of 10

9 d e f drained; line-marked to indicate each car space and all access lanes; clearly marked to show the direction of traffic along the access lanes and driveways. to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose. 20 Vehicular crossing(s) must be constructed to the road to suit the proposed driveway(s) to the satisfaction of the Responsible Authority and any existing crossing or crossing opening must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority. 21 The car parking allocation for the approved development must be: not less than one (1) car space per one or two bedroom apartment; not less than two (2) car spaces per three (3) or more bedroom apartment; not less than 10 visitor spaces marked accordingly. 22 Prior to the completion of the basement floor construction, written confirmation by a Licensed Land Surveyor must be provided to the Responsible Authority verifying that the basement floor has been constructed in accordance with the endorsed plans (prior to the construction of the levels above being commenced). 23 Prior to the completion of the ramp to the basement, written confirmation by a Licensed Land Surveyor must be provided to the Responsible Authority verifying that the basement ramp has been constructed in accordance with the endorsed plans. 24 Prior to the completion of the approved development, any existing plaques removed during the construction period must be installed in the public walkway on the ground floor of the development (central spine) to the satisfaction of the Responsible Authority. 25 Prior to the occupation of the approved development, a permanent sign must be erected by the permit holder in a prominent position in the basement car park and common foyer/s stating that Residents of this development will not be issued Residential Parking Permits (including visitor parking permits). The sign must measure approximately 0.2 square metres in area, to the satisfaction of the Responsible Authority. 26 The permit holder must inform all purchasers about this planning permit, particularly drawing attention to Condition Written confirmation by a Licensed Land Surveyor must be provided to the Responsible Authority verifying that the development does not exceed 10.5 VCAT Reference No. P1505/2013 Page 9 of 10

10 metres in height above natural ground level. This must be provided at frame stage inspection and at final inspection. 28 This Permit will expire if: The development does not start within three (3) years from the date of this Permit; or The development is not completed within five (5) years of the date of this Permit. The Responsible Authority may extend the time referred to if a request is made in writing before this Permit expires or within six (6) months after the expiry date if the use/development has not commenced. If the development has commenced, the Responsible Authority may extend the time referred to if a request is made in writing within twelve (12) months of the expiry date. --- End of Conditions --- VCAT Reference No. P1505/2013 Page 10 of 10